Crime and Policing Bill

Kim Johnson Excerpts

Tuesday 14th April 2026 Commons Chamber

[Sarah Jones]

I thank my hon. Friend, who I know feels strongly about this issue, as do many others—I very much respect that position. I met him a few months ago, when the review had just started. The review has yet to conclude, but it will do so in the coming months. The work that Lord Macdonald is undertaking is quite substantial, and I know, having received updates on what he is doing and who he is talking to, that it is wide and is taking a bit longer than expected, but that is in order to get it right.

My hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will know that the cumulative disruption amendment was announced by the Home Secretary after the Heaton Park attack. Perhaps we will come to this more in closing the debate, but I think there is a lack of understanding in some quarters—I do not mean my hon. Friend—about the nature of that amendment. To be clear, sections 12 and 14 of the Public Order Act 1986 empower senior police officers to impose conditions on processions and on public assemblies respectively. They can impose conditions only under certain criteria to prevent serious public disorder, serious damage to property or serious disruption. We are not changing sections 12 or 14. At the moment, the police can consider cumulative disruption when looking at whether a protest should have conditions imposed on it.

[Kim Johnson (Liverpool Riverside) (Lab)]

I thank my hon. Friend for her response to my letter on cumulative disruption, signed by 50 MPs, which would give the police powers to limit strikes and industrial action. Your letter states:

“I have no desire to infringe on—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I am on my feet, so please be seated. “Your letter states”? I do not think I have corresponded with the hon. Member. Continue.

[Kim Johnson]

Apologies, Madam Deputy Speaker.

Does the Minister accept that there is a danger that a future Government might be less benevolent towards workers’ struggles and could exploit those powers? Will she please explain to the House why we have not been given the right to debate, discuss and vote on amendment 312?

[Sarah Jones]

Let me just finish explaining what we are doing and then I will come on to picketing.

If there is a risk of serious public disorder, senior police officers can impose conditions. At the moment, they can consider cumulative disruption as one of the aspects they take into account when deciding whether to impose conditions. To be clear, imposing conditions means things like moving where a march is going, limiting the hours that it can work under or limiting the number of people. They can already take into account cumulative disruption, but we are changing that so that they must take that into account—they must think about it. That does not change the guardrails of sections 12 and 14 of the Public Order Act; it just says that at the moment they can consider cumulative disruption, but in future they will consider it. That is the amendment.

On this Government’s belief in the right to strike and to protest, of course that is sacrosanct and nothing has changed in our view on that. We do not believe that this legislation will stop the right to picket. I know that lots of Members will have views on that and will not be satisfied, but we will always defend the right to strike, and we have absolutely no desire to infringe lawful picketing at all.

--- Later in debate ---

[Clive Jones (Wokingham) (LD)]

I will speak to Lords amendment 312 on cumulative disruption. I am deeply alarmed by the amendment, which would require senior police officers to take into account any so-called cumulative impacts of frequent protests on local areas when considering whether to impose conditions on public processions and assemblies. In short, the Government are giving the police unprecedented powers to restrict or prohibit protests that they expect to be too disruptive. That is an unacceptable attack on our democracy. These powers represent a significant expansion of state authority and risk undermining long-standing democratic freedoms. They also set a dangerous precedent for the suppression of dissent and inhibit people’s legitimate right to peaceful protest.

With the rise of the right in this country, that expansion of power leaves the potential for future Governments to misuse them to suppress and stamp out all forms of protest, strikes and demonstrations. Our fundamental right to peaceful protest, which has existed for many years, must be safeguarded against any attempt to constrict it.

[Kim Johnson]

Although I support many elements of this Bill, I cannot support Lords amendment 312. The Bill has come back to the Commons without the proper scrutiny it requires and, despite repeated requests, Ministers have failed to provide that. The Bill returns to this House with a troubling number of late changes made in the Lords that severely limit our ability to examine major amendments, especially those that impact the fundamental right to protest—a right that has already been significantly eroded in recent years due to a number of pieces of draconian legislation.

I rise in support of my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) in his motion to reject amendment 312, which is supported by 30 MPs. We have pushed hard for a vote today on the proposals, which will have a far-reaching, draconian impact on our civil liberties. I am disappointed that the motion will not be reached, demonstrating a fundamental failure of the democratic process.

Lords amendment 312 would give police new powers to restrict protests on the basis of so-called cumulative disruption, but what does that actually mean? It is about giving them the discretion to limit or fully ban a demonstration based on the combined impact of multiple protests over time. The move is the latest in a series of anti-protest measures introduced by successive Governments in recent years, and I have to say that, as a Labour MP, I am very disappointed with the draconian anti-protest proposals being pushed by this Government.

[Sammy Wilson]

What does the hon. Lady say to the people who become the target of those continual protests? The protesters recognise that there is a vulnerable area, a vulnerable community, part of a city or a piece of the country’s infrastructure, such that, when they protest there on a regular basis, they cause maximum disruption to the lives of the people who live there. What does she say to those people? Should they not have protection?

[Kim Johnson]

I have to say that I disagree with the right hon. Member.

Although today’s proposals have not come in under the radar through secondary legislation, as the Tory Government tried before they were ultimately defeated in court, amendment 312 has sneakily come in through the back door from the Lords, leaving MPs with no opportunity for scrutiny, debate or vote.

[Vikki Slade (Mid Dorset and North Poole) (LD)]

Does the hon. Member agree that the vague wording could lead a police force to ban, for example, a Pride protest three months after a farmers’ protest? There is no clarity as to whether a protest is damaging; it is just that the protest is cumulative.

[Kim Johnson]

The hon. Member makes a valid point, and those are some of the issues that have been raised by civil liberties organisations and disputed by the Minister in the House this afternoon. The situation means that many colleagues who are here today will rely on the Government’s reassurances that the proposals strike a fair balance between permitting protests and preventing disruption, without being given the time to consider what that really means. I therefore ask them to heed my words closely.

The suffragettes protested for decades for women to win the right to vote. It took years of disruption and fighting a patriarchal system for them to win the historic gains from which we all benefit today. Who would condemn their action, or argue that their protests should have been made less impactful, and their struggle for women’s liberation harder and longer? Looking back on the suffragettes’ fight, it is inconceivable that we would support a restriction on their struggle on the basis of “cumulative disruption”. It was exactly that process of sustained pressure that won women the vote.

The same applies to the fight to bring down the evil anti-apartheid regime, during which I was proud to cut my political teeth as a young activist in Liverpool. There, we occupied council buildings and universities, raised money and organised boycotts of goods, sports and culture. We marched and held street stalls and mass demonstrations until that evil regime fell—another victory of the powerless over the powerful, made possible by sustained action and protest. Without sustained protest, we would not have the hard-won employment rights that so many of us benefit from today.