(3 weeks, 6 days ago)
Commons ChamberI am sure the hon. Gentleman does not need advice from me. He is quite clear that this is a devolved matter, so he obviously needs to take it up with the Scottish Government and Police Scotland. As an incoming Government we recognise that having enough police on the beat and being visible is important to the public feeling safe. That reassurance is vital, so perhaps the hon. Gentleman will take it up with the Scottish Government and Police Scotland.
Facial recognition technology is being used effectively by police forces to identify suspects more quickly and accurately but, of course, it is essential that any new technologies are accompanied by strong safeguards and are underpinned by a robust legal framework. This Government will give careful consideration to the overall impact of all new policing technology.
I welcome my hon. Friend’s response, but facial recognition technology is being used by the police in publicly accessible places, and it breaches human rights and discriminates disproportionately against black people. The previous Government failed to introduce legislation to restrict its use, so can my hon. Friend confirm when there will be legislation to protect us? Will he meet me and representatives of civil liberties organisations to discuss this matter further?
I understand that the National Physical Laboratory has independently tested the algorithms that the police have been using in live facial recognition cases and has found them to be highly accurate. It found no statistically significant differences based on ethnicity at the settings the police generally use.
It is extremely important that any new technology used by the police is accompanied by strong safeguards, including to prevent bias or disproportionality, and that a robust legal framework is in place to govern the use of these new technologies. My hon. Friend still has concerns, and I am sure the policing Minister, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), or I will be happy to meet her.
(3 months, 1 week ago)
Commons ChamberThis afternoon, we have heard about some really strong amendments that would strengthen the Criminal Justice Bill, but other amendments seek to criminalise homelessness, further restrict peaceful protest and vastly expand police surveillance powers.
Today, I wish to focus on new clause 28 in my name, which continues the campaign to fix the law on joint enterprise. I began my campaign with support from the amazing campaigners at JENGbA, Liberty and many others for my private Member’s Bill back in February. I was grateful to receive the support of nearly 40 colleagues, who back this amendment, as well as a commitment from my Front-Bench team back in February that Labour will seek to review and reform joint enterprise as and when we get into power.
A charge of joint enterprise too often leads to an assumption of guilt in the courtroom. The defendant is forced to prove their innocence, which turns our justice system on its head. That is a failure of our justice system, supposedly the best in the world, and an affront to the taxpayer, who is left footing the bill for sloppy sentencing. My amendment would enshrine in law the concept that a person can be prosecuted under joint enterprise only where they are proved to have significantly contributed to a crime. That would raise the bar for prosecution, and would provide the jury with the tools to differentiate between defendants who deserve to face a mandatory life sentence for their role in a serious crime, and those who do not.
This miscarriage of justice is worse than the Post Office Horizon scandal, because it involves children as young as 13 being convicted and incarcerated for a crime that they did not commit, and being given a whole life sentence, with little or no option for appeal. Campaigning by JENGbA and Liberty led to a six-month pilot data collection project by the Crown Prosecution Service, which has now agreed to roll out the scheme fully and permanently. Analysis of the original data revealed that more than half of those prosecuted under joint enterprise were aged under 25, with black youth 16 times more likely to be prosecuted under joint enterprise laws than their white counterparts. I personally welcome the commitment from the Director of Public Prosecutions to further investigate these disparities.
The evidence clearly shows that the legislation is being widely used as a dragnet to maximise convictions. We need only scrutinise the Old Baily daily court lists to witness how widespread this practice is. Joint enterprise allows the prosecution to use a racist gang narrative to imply guilt, and to persuade juries using prejudicial stereotypes in place of cold, hard evidence, in a way that is often compared to Russian roulette. Human rights group Liberty submitted one such case last year to the Criminal Cases Review Commission after 11 defendants, all black, were collectively convicted and sentenced to a total of 168 years in prison for a single murder. Evidence included a rap video made online a year earlier, photos of some of the defendants using hand signs, and the alleged favouring of the colour red. I hope that the CCRC, which twice rejected Andrew Malkinson’s request to review, will look at this request more favourably.
In that and similar cases, the prosecution called police officers to give their opinion, as experts, on alleged gang culture, a concept that still evades legal definition but carries with it a racist stereotype intended to sway a jury. That is extremely prejudicial, considering the relationship that the police have with black communities, and considering that black people are disproportionately represented in the criminal justice system.
New data from experts at Manchester Metropolitan University has revealed that nearly £250 million is spent each year on processing defendants in joint enterprise cases. An average of 1,088 people every single year are convicted under joint enterprise; the total cost to the taxpayer of their future punishment is a colossal £1.2 billion. With prisons not only chronically overcrowded but unsafe, as highlighted by the recent prisons inspectorate urgent notifications about Wandsworth and other prisons, and with violent crime on the rise, enough is enough. Joint enterprise is costly and ineffective. It is time for a change in the law.
If the social cost of joint enterprise were not conclusive, the economic cost must be the final nail in the coffin for this shocking miscarriage of justice. It has been a decade since evidence was first presented to Parliament, yet our prisons are dangerously overflowing and failing to rehabilitate. The taxpayer is still footing the bill for thousands of people having been wrongly jailed for the crime of another. If someone does not make a significant contribution to a crime, they should not be prosecuted for it; it is as simple as that. Joint enterprise is a stain on our justice system, and the law must be reviewed and changed to stop this dragnet. It is possible to both uphold justice for the victims of crime and put an end to this injustice. My simple change to the law would do just that. I hope that Members will recognise the need for urgent change and support my new clause.
I rise to speak to my new clause 32, which would address the disparity between existing protected characteristics and current hate crime legislation. Hate crimes relating to race and religion carry higher maximum penalties than those associated with sexual orientation, transgender—or perceived transgender—identity, and disability. That has established an unjust, dual-tier justice system. My proposal aligns with the prior expansion of aggravated offences, such as the inclusion of religiously aggravated offences in 2001 following the Crime and Disorder Act 1998, which initially legislated only for racially aggravated offences. It also builds on the Law Commission’s 2021 report, which emphasised the necessity of parity of protection across all protected characteristics, and has garnered substantial support from disability and LGBT+ organisations.
Many people have asked whether this is some sort of woke frontier. We know that a lot of pearl-clutching happens in this place when we mention trans people. I reassure the House, and those concerned about such things, that this is no woke crusade. Indeed, I do not intend in the new clause to divert from existing legal definitions of LGBT+ identities. Nor do I seek to redefine the barriers of aggravated offences. The new clause would simply close a loophole that the Law Commission identified whereby some protected characteristics are treated differently from others in the legal system, for no good reason that I can see.
We have debated many times why sex and/or gender are not included; however, the Law Commission recommended —this was accepted by the Government in their response—that they should not be, because in some cases it would lead to a situation where the offence would be harder to prove. The Law Commission therefore suggested that we go down a different route in legislating for offences against women and girls, which the Government accepted. The Government have not yet responded to the Law Commission’s 2021 report on these issues. When the Bill was in Committee, the Government asked for additional time to do so, and did not accept an almost identical new clause—in fact, it may have been identical.
Let me set out some background, and show why the time has come for us to close this loophole, and why I hope that the Government will agree to do so. My new clause comes against a backdrop of escalating hate crime rates, which underscore the urgency to act. Between 2011-12 and 2022-23, incidents across all monitored strands of hate crime have surged dramatically. Notably, racially aggravated offences have more than doubled, exceeding 100,000 cases in 2021-22. Similarly, hate crimes based on religion, sexual orientation and transgender identity have seen staggering increases of 433%, 493% and 1,263% respectively. Furthermore, violent hate incidents have surged, comprising a growing proportion of overall hate crime statistics.
This has indeed been a wide-ranging debate—we use that phrase too often in this place, but it is true today—and it is a pleasure to bring it to a close. I am grateful to all hon. Members who took part. In the time available to me, I will seek to respond on as many of the non-Government new clauses and amendments as I can, and to answer questions. If I fail, please give me a nudge. I will then write to hon. Members or catch up with them at some point and give them a response.
I will begin with new clause 9, picking up where I left off. I was addressing my hon. Friend the Member for Bishop Auckland (Dehenna Davison) and her excellent campaign. Let me set out the steps that the Government are taking. She alluded to them in her excellent speech, but I will confirm what they are. We have worked with the National Police Chiefs’ Council lead for homicide, Kate Meynell, to appoint a named lead for one-punch homicides. That person will carry out an initial scoping exercise to properly establish how many of these cases are occurring, and to understand whether there are barriers to investigation and prosecution for these offences. I take my hon. Friend’s point that we should consider how the offence is communicated to the family, given the particular issues that arose in her case.
We will also build on action already taken, including the three-month Walk Away campaign that was launched in December 2023. That dovetails very neatly with the work of One Punch UK. I know that that is something my hon. Friend will be involved in.
We will establish a lower-culpability manslaughter homicide service practice review, led by Victim Support, which delivers the homicide service. The review will consider cases of manslaughter where there is lower culpability, and I look forward to working with my hon. Friend and getting started on that. We will also conduct individual sentence reviews into particular cases where there is an objection to the end of the sentence, and we will look at the sentencing remarks. She gave the names of a number of campaigners in her speech, and I look forward to picking those up with her.
I will comment briefly on new clause 28, relating to joint enterprise, which was raised by the hon. Member for Liverpool, Riverside (Kim Johnson), by my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, and by others. The new clause would caveat and curtail the law of joint enterprise only to those who had made a significant contribution. The hon. Member for Liverpool, Riverside knows that joint enterprise is there so that those who act as the burglary lookout, who provide the weapon in the murder or who drive the getaway vehicle do not escape the consequences of their crimes, which shatter lives.
It is already the case, following the Supreme Court decision in R v. Jogee, that the person must have helped or encouraged the commission of the offence and intended to do so. I have considered a number of examples of cases where there have been convictions on this basis in recent years, such as the boy who sent a WhatsApp to his colleague to encourage her to conduct a fatal attack or the 14-year-old lad who stood on the edge of a woodland as lookout while his friends gang-raped a girl. They are very painful cases. I will simply say this: I think that people who participate in crime, even on the periphery, should not escape liability, and I do not think anyone can advance a credible argument that they should. We on the Government side still think that those people ought to be locked up.
I admit that, and I have not said that we should get rid of joint enterprise, but we know that thousands of young people and children have been incarcerated for something they have not done. The law is not being used in the way it should be, as the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill) mentioned in respect of the Jogee case. We took a wrong turn and we have taken another wrong turn. We need to get it right.
I am going to respectfully differ from the hon. Lady. I am happy to have another conversation with her about it, but I am afraid that even those on the periphery often have their hands all over the crime.
I will return briefly to new clause 59 on bladed articles, which was tabled by the shadow Minister, the hon. Member for Nottingham North (Alex Norris). The issue of ninja swords was raised by the other shadow Minister, the hon. Member for Stockton North (Alex Cunningham). I want to provide reassurance that both straight-bladed ninja swords, which the new clause is directed at, and curved swords are covered. Curved swords were banned by the Government in 2008, and he will know that possessing a sword or any knife—even a kitchen knife—in a public place without good reason is already a criminal offence, punishable by up to four years in prison.
The reason why straight swords are more difficult to ban is that some of them are held by military historians and for commemorative purposes. However, I wanted to provide reassurance to those on the shadow Front Bench that the Policing Minister engaged recently with the NPCC lead on knife crime, who reassured him once again that the NPCC was not seeking a ban on the use of straight-bladed swords. In fact, of all the knife crime fatalities in the last year, around 1% were caused that way.
What the NPCC is asking for is a clampdown on the online sale of knives to under-18s, which we are doing under the Online Safety Act; the power to seize knives in a private place if the police think they will be used for a criminal purpose, which is already in the Bill; and a ban on machetes and zombie knives, which we are bringing in in September. I wanted to provide that reassurance.
New clauses 25 and 26 were introduced by my right hon. Friend the Member for Chelmsford (Vicky Ford), who I cannot see, but I am sure—
(4 months, 1 week ago)
Commons ChamberIt is absolutely right that any nation in the world puts conditionality on the people it accepts within its own borders. This country has a long-standing tradition—in fact, I am a product of this, as are the Prime Minister, the Business and Trade Secretary and many others in the Government—of being open and welcoming. However, when we see the orders of magnitude of legal migration that we have seen over the last couple of years, it is incumbent on us to take action. We have made it clear what action we will take, and we have given notice of the changes so that people can make their plans accordingly. When there are special cases, there is a special cases exemption, so that we can both control immigration and do our moral duty to protect those people who seek our protection, and be an attractive place for people to come and work.
Since 2020, we have supported 413 projects through our safer streets fund and the safety of women at night fund, investing over £150 million, including £3.9 million that has been designated to Merseyside. The objective of the fund is to improve public protection—particularly that of women, particularly at night—and independent evaluation shows that it is more than achieving its objective.
I do not think the Minister answered the question about the impact of the reduction. Merseyside has now received a combined reduction of £180,000 to our safer streets fund in round 5. Our police and crime commissioner, Emily Spurrell, has called this “ill-considered and short-sighted” because projects have already begun and delivery is under way, but the funding has been restricted yet again. So will the Minister agree today to reinstate the lost funding, so that Merseyside police and others can continue their great work, keeping our streets safe?
May I just gently tell the hon. Lady that, in the last round of funding, round 4, Merseyside received £1.3 million through the safer streets fund— that was quadruple what it had received in round 3—and over half a million of that was designated specifically to CCTV and street lighting in Liverpool city centre? Round 5 should be seen in the context of record funding to the Merseyside police, who received an unprecedented uplift of £27.6 million—a 6.5% uplift. I am confident that Merseyside will still be able to deliver its schemes, including the safe home cards providing safe transport to help women get home from nightspots, in this round.
(6 months, 3 weeks ago)
Commons ChamberThe hon. Member raises an important point that needs parliamentary scrutiny. We have an anxiety, as hon. Friends have mentioned many times, that crimes happening in domestic spaces are in some way deemed less significant and that can be reflected in sentencing. This bears our parliamentary scrutiny.
To turn to the motion, we want to see restrictions on the sale of the most serious weapons, those with no functional purpose. Since 2015 the Government have released 16 different press releases about zombie knives but action has been slow to follow. We are pleased that two weeks ago we saw the statutory instrument aimed at taking some of the knives and machetes off the streets, and, as I have said, we will support the Government in that venture, but I hope to hear from the Minister an explanation of why that is a ban not for now or a few weeks’ time, but for September, eight months away. This is an immediate problem that needs more urgency; where is that urgency and leadership? He can be assured of our support, so let’s get on with it.
We also believe, as set out in the motion, that we should go further. We would broaden the ban to include a wider range of weapons and to toughen existing rules on serration and length. That would mean finally banning blades such as ninja swords, the weapon that killed Ronan Kanda. His incredible family are campaigning for this, ably supported by their Member for Parliament, my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), and they are right: any ban on offensive weapons that would not have taken off the street the blade that killed their son is insufficient.
There is also an unintended consequence of leaving out ninja swords. Those who sell these weapons are indifferent to their customers and their customers’ intentions. If colleagues think I am overstating my case, they should just put into a search engine “zombie knives” or “ninja swords” and look at how they are marketed. If knives and machetes are prohibited, these firms will just move on to pushing ninja swords at customers. This is a hole in the Government’s plan and it must be plugged.
We can go further still here. Many banned knives continue to be sold where young people can buy them and have them delivered to their home within a few days. We would introduce, and believe the Government should introduce, criminal sanctions on the tech executives who allow knife sales on their online marketplaces—not just Ofcom sanctions as the Government have opted for, but proper criminal sanctions to send a very serious message to these leaders that if their platforms are being used, and they are not actively making sure they are not being used, for the sale of dangerous weapons, there are going to be very serious consequences, not ones that can be priced in as the cost of doing business. To add to that, we must ensure we have the right tools in law to deal with the digital age.
To drive this work forward, our motion calls for a rapid review of online knife sales from the point of purchase through to delivery, in particular looking at strengthening ID and age checks conducted by Royal Mail and Border Force for UK-bound parcels. Currently, all too often serious weapons can be purchased online with loose ID and age checks, with little oversight, and with no background checks. Every time oversight is loosened and checks are not carried out properly, these weapons potentially fall into the wrong hands and are used to kill. We must ensure we have the most robust system possible to prevent this. To those who carry these weapons, we need to send the unmistakable message that the law will come down hard on them—not apology letters, not weak warnings, but proper and serious interventions.
My hon. Friend is making a great speech. Will he support two parents in my constituency, Leanne and Mandy, whose children were killed by knife crime? They are calling for much stronger sentences and greater deterrence for knife crime; does he agree with me and their families?
I am going to set out a few of them shortly, but I would be very interested in meeting Leanne and Mandy, if my hon. Friend could help facilitate that, to hear what more they might want to see.
Our commitment is for every offender to be referred to a youth offending team and have a mandatory bespoke action plan to prevent reoffending. As part of that we need tougher new guidance so that serious penalties are always considered where appropriate, such as curfews, tagging and behavioural contracts. Too many of these are being overlooked and insufficient sanctions such as a letter of apology being used in their stead. That is wrong; we need stronger guidance from the centre on this. But speaking to the point made by the right hon. Member for Orkney and Shetland (Mr Carmichael), all of this on its own will not resolve and remove the issue of knife crime in our communities.
We must invest in young people, because prevention is better than cure. We need a total approach—not an either/or, but both. That is particularly germane to this debate, because we know that those who seek to profit from the sale of dangerous weapons shapeshift and adapt around legislation—that is one of the challenges. So we must tackle demand and tackle issues that mean that young people think they need to carry harmful weapons.
Building on the success of Sure Start—the last truly transformative prevention programme for young children—we would create the Young Futures programme to help prevent violent crime. It would be a targeted programme in every area to identify the young people most at risk of being drawn into violent crime and of buying these products that we are seeking to restrict. We would build around them a package of support that responds to the challenges they face.
(9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
We do control the levers of our immigration system, so we have the ability to make determinations on individuals who come from different countries around the world. We do not today operate a system that discriminates between nationalities, although we do have different levels of security vetting on a case-by-case basis, which is particularly important in the case of certain nationalities. However, my right hon. Friend makes an important point.
Serco’s half-year profits for 2023 are £148 million, while many asylum seekers are living in unsafe and insanitary conditions. Can the Minister explain why the Home Office refuses to disclose the amount that providers are allowed to make before part of that share is returned to the Home Office? Does he agree that the money should go to local authorities, to enable them to provide services in their own areas, and does he also agree that we need to lift the ban on unemployment rights?
I have made an open offer to local authorities that want to provide asylum accommodation. None have come forward so far, but if the hon. Lady’s local authority wants to provide such accommodation, I would be more than willing to consider that. The sustainable answer to reducing the reliance on hotels and other forms of accommodation is to stop the boats, but the hon. Lady has voted consistently against every measure that the Government have taken to do so. I would strongly encourage her, for example, when we introduce the emergency legislation on Rwanda, to support it with vim and vigour.
(1 year, 1 month ago)
Commons ChamberMy hon. Friend is absolutely right. We want those individuals to leave the country as swiftly as possible. The published figures show that FNO returns increased following the pandemic—by 14% in the latest 12-month period ending December 2022 compared with the previous 12-month period—but, quite clearly, there is more work to be done.
Liverpool is a city of sanctuary. Currently, we have 237 Afghan families who have been languishing in a hotel for two years. The council must rehouse the families by 11 August. Can the Minister say what will happen if we are unable to find suitable accommodation? Will they be made homeless and thrown out on the street?
The Minister for Veterans’ Affairs, my right hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) and I launched a programme that provides significant support to councils like Liverpool to help individuals find alternative accommodation. That might be in the private rental sector or it might be in social housing, but I think we can all agree on the principle that it is not right for individuals or families to live in hotel accommodation for over two years. We need to help those people out of the hotels this summer.
(1 year, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
My hon. Friend is absolutely right. We want to build a system whereby the UK is a generous and welcoming country to those in genuine need of sanctuary. That is why we have pursued the resettlement schemes that we have in recent years, and we want to do more in future. The Illegal Migration Bill envisages that through its clause on safe and legal routes. For those who come here in breach of our laws, breaking into our country in an irregular manner, we will pursue the most robust approach. They will be returned home if it is safe to do so, or to a safe third country such as Rwanda. That is a sensible and robust approach that will help us to create a sustainable migration system.
The Minister was correct when he said that the system was broken—broken by this Government, which is why we are paying £6 million a day to house people fleeing conflict and persecution. Liverpool, as a city of sanctuary, has extended its support to people fleeing persecution, not illegal migrants, to the sum of 2,800. Will the Minister agree that it is unacceptable for the Government to expect us to rehouse 237 people from Afghan hotels with five months’ notice? Will he agree to meet me and other Liverpool MPs to discuss this matter and solve it urgently?
I am happy to discuss that with the hon. Lady, or she can speak to the Minister for Veterans’ Affairs, my right hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), who is leading on the resettlement of Afghans. I respectfully disagree with her. Those individuals who came across in Operation Pitting under the Afghan relocations and assistance policy, to whom we owe a debt of gratitude, have in some cases been in hotels for approaching two years. That is not right for them or for the country. We need to help them now into sustainable forms of accommodation. That is why we have established a generous new scheme. We are working with local authorities, with dedicated triaging teams going into the hotels and helping those individuals into vacant service family accommodation, the private rental sector and social housing. I strongly encourage her to work with her local authority to do the same in Liverpool.
(1 year, 2 months ago)
Commons ChamberWhat I hear from chief constables is that there has been much needed awareness of the impact on different communities. Therefore, in many forces, there has been an improvement in the way outreach has been conducted, and much more respect with communities and to communities that may be affected by the use of these powers. The 2021 inspectorate report noted that there had been an improvement in engagement and training by forces. We should welcome that.
Institutional racism is a fact. It is also a fact that stop and search is not used proportionately or sensibly. Liberty has said that stop-and-search powers are “ineffective” and “discriminatory”, disproportionately impacting on black communities. These powers will worsen existing divisions between police and communities when public trust and confidence in the police is at a serious low. So can the Home Secretary confirm what evidence she has that ramped up stop and search will tackle serious violent crime?
In her inspectorate report of 2021, Wendy Williams confirmed that the majority of stop-and-search decisions were based on “reasonable grounds” —that is the legal test. She said that most forces have “good external scrutiny arrangements” and that forces are “better at monitoring” the use of stop and search, compared with previous years. She said that training has improved. That is the evidence I find encouraging.
(1 year, 2 months ago)
Commons ChamberAs I said to the hon. Member for Slough (Mr Dhesi), the hon. Gentleman really needs to listen more carefully to what the Prime Minister promised in his statement. We are on track to deliver on reducing the backlog of initial decisions and the legacy backlog. Those are decisions that have been waiting in the system up until July or June last year. Those are the backlogs that we are working on, and we are making good progress on eliminating it.
The Home Secretary’s statement on the boats mentions the need to acquire two further prison boats, but the Prime Minister is refusing to say where those will be located. Have there been any relevant discussions with local authorities, and does the Home Secretary plan to recruit more staff to fix the broken immigration system and its 172,000 backlog?
Our new sites will be rolled out following and in conjunction with close consultation with the relevant authorities—local authorities, health authorities and education authorities—so that the occupants receive the appropriate care. We have doubled the number of caseworkers in our asylum case working team, which is why we are making progress on bearing down on our backlog.
(1 year, 3 months ago)
Commons ChamberThe overall gold commander at the event is one of the Metropolitan police’s most experienced public order commanders—at the rank of commander. Many officers have had specialist public order training in the course of their career, but training must keep up with legislative changes. The College of Policing and others will be issuing the relevant guidance to ensure that that is addressed.
Does the Minister agree that the Metropolitan police’s expression of regret regarding the arrest of six anti-monarchy protesters this weekend is an admission of guilt, and does he accept that that is a chilling violation of basic democratic rights that demonstrates beyond a shadow of a doubt that the Public Order Act should be immediately repealed?