Police, Crime, Sentencing and Courts Bill

Debate between Kit Malthouse and Allan Dorans

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

I wish to speak in support of Lords amendments 73 and 80, which would remove the ability of the police to impose noise-based restrictions on processions and greater conditions on static demonstrations. Peaceful protest is a legitimate and integral part of our unwritten constitution and for the Government to interfere with those rights and to try to impose restrictions and unnecessary conditions that affect and violate basic human rights is nothing less than appalling.

If Lords amendments 73 and 80 are not accepted, there are great concerns that police officers will be placed in the unenviable position of having to adjudicate between different stakeholders on the basis of broad and ambiguous criteria about whether to allow a “noisy” or “disruptive” protest to take place or continue. Far from enabling the police to maintain public order, these provisions will place an onerous burden on police officers in the exercise of their professional discretion, subjecting the police to even greater political pressure.

The police already have sufficient powers under the Public Order Act 1986. The additional powers in clauses 55 and 56 of the Bill are neither necessary nor welcomed by many senior police officers. As a uniformed police inspector in the Metropolitan police, I had extensive experience of dealing with public order and with processions and demonstrations of all sizes, and I can say honestly that none of them needed any further legislation; they could all be effectively dealt with by the current legislation.

There are serious concerns that the police, who serve a vital function in enforcing the law, are being instrumentalised for political purposes. That will erode the trust of the public, seriously damage the relationship between the police and the public, and adversely affect the cherished tradition of policing by consent that is at the heart of policing and our society.

Despite the disparaging remarks made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle), I pay tribute to the police officers out there policing our streets, who are overwhelmingly honest, trustworthy and hardworking. I commend them for putting themselves at risk and in danger to keep us all safe.

[Kit Malthouse]

I am grateful to all hon. Members who have spoken in what at times has been an impassioned debate. I have to say that it has been quite a rich experience to hear a defence of democracy from an Opposition whom I watched for month after month using every technical device at their disposal to try to overturn the democratic decision that the British people took in the 2016 referendum. Those months, happily, are long behind us, and the British people gave their verdict on that attempt to circumvent democracy in the 2019 general election, from which I am happy to say we all benefited.

Much of tonight’s debate has been about the difficult job for any democratic Government of balancing the rights of competing groups: the rights of people who own land, and of those who use land; the rights of public authorities that have parks, and of the Travelling community; the rights of those who want to go about their business and access hospitals, schools or businesses, and of those who wish to protest. These are difficult balances that democratic Governments have to strike from time to time. The Labour party has had to do it in the past; I well remember it banning any protest within 1 km of Parliament. The first arrest was of a woman reading the names of the Iraq war dead at the Cenotaph, if I remember rightly. That, I will admit, was a step too far.

We believe that the package of measures that we have put forward on protest represents a modest rebalancing.

Oral Answers to Questions

Debate between Kit Malthouse and Allan Dorans

Monday 22nd March 2021 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

What plans she has to review the Misuse of Drugs Act 1971.

[The Minister for Crime and Policing (Kit Malthouse) [V]]

Before I answer the question, may I reassure the hon. Member for Croydon Central (Sarah Jones) that I did follow the rules? I urge her, and indeed all Members, to get themselves regularly tested on a random basis, whether they have any symptoms or not.

The Government currently have no plans to review the 1971 Act. Obviously, we keep drugs controls under review, in consultation with the Advisory Council on the Misuse of Drugs, but drugs legislation is only part of our wider approach to preventing drug misuse, which includes: focusing on education in schools; promoting treatment and recovery; and preventing the supply of illicit drugs.

[Allan Dorans [V]]

As a former Metropolitan police officer, may I pay tribute to the memory of PC Keith Palmer?

The largest review ever undertaken of 349 research studies from across the globe, carried out by the Centre for Criminology at the University of South Wales in 2017, found that safe or supervised injection rooms significantly reduced drug-related harms and dramatically cut mortality rates. Will the Minister pay heed to this overwhelming evidence and support at least one pilot facility—preferably more—for safe drug consumption rooms in Scotland?

[Kit Malthouse]

I can understand the hon. Gentleman’s concern, given that Scotland currently has a drug death rate three and a half times that of the whole of the UK, and it is a matter that should be of concern to all of us. I have had extensive discussions with my Scottish colleagues, not least the new Scottish Minister for Drugs Policy, about how we could work together to try to tackle this problem. Although at the moment we do not envisage changing the rules to look at safe consumption rooms, there is a huge amount we can do together. I urge the hon. Gentleman and his colleagues north of the border to look at our groundbreaking ADDER— Addiction, Diversion, Disruption, Enforcement and Recovery—projects, which are bringing together the police and the most critical partner for drug recovery, the health service, in five areas across England and Wales to focus on this problem and try to shift the numbers.