Police Reform and Social Responsibility Bill

Lord Anderson of Swansea Excerpts

Thursday 16th June 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I will say two things before I answer the particular points. First, we will come back to Parliament Square on Report. The noble Lord, Lord Blencathra, was unable to be here today and asked to withdraw his amendments and bring them back on Report. I very much hope that we will take further the whole issue of what we should do about the environs of Parliament. I say to the noble Lord, Lord Campbell-Savours, that I have been thinking about when I first became conscious of how special this area is. It was when I was standing on top of the Henry VII chapel at the 1951 State Opening of Parliament. I was fascinated by the speed with which the Westminster City Council rubbish collectors picked up the horse manure as the Horse Guards rode past. My views on what is important have changed a little since then. The following year I sang in Westminster Hall at the lying in state of King George VI, and I have been involved in this area ever since. On Saturday night I will take part in a singing tour of the abbey, so I am probably among those who care most about the integrity of the area.

Secondly, in answer to my noble friend Lady Hamwee, I have the answer from the Box on Clause 142(2). If the provisions come into force on 1 May, for example, directions can be issued from 1 May onwards in relation to activity being engaged in from then, but they cannot include any activity that took place before then: there is no question of retrospectivity. Clause 142(2) ensures that ongoing encampments can be subject to directions once the provisions are commenced. I hope that that answers the point.

I turn to the points made by my noble friend Lady Miller. The Government note that the issues raised are similar to those raised by the Joint Committee on Human Rights. The issue is the appropriate maximum level of fine and whether it is commensurate with the potential damage and harms caused by the prohibited activities. Under the provisions, an individual commits an offence only when they fail to comply with a prior direction that provides an opportunity for them to desist from an activity before committing an offence. While the level of fine is higher than for some other comparable offences, this is balanced by the opportunity to desist from an activity before any criminal liability is attached. Level 5 is the absolute maximum penalty for this offence, and the courts have discretion in setting the level of fine in any case. The Government therefore consider that this maximum level of fine could be a proportionate response to an evidenced problem of serious and wilful disregard of local by-laws.

My noble friend also raised the question of how one measures the strength of protest. Again, we have to balance the strength of protest that a very small number of people wish to assist in against access for a very large number of protestors. I suspect that my noble friend was, as I was, on the demonstration against the Iraq war. We spent a very long time marching—actually, shuffling because there were so many people there—along the Embankment, through Parliament Square and down Whitehall. I never got to Hyde Park. There were 2 million of us. If there had been a small number of people encamped in our path, we would not have been able to get even as far as we did. One has to think about the right to protest in a balanced way. Strength of protest there was expressed by the number of people, not by the fact that any of us wanted to stay overnight and camp for the next six weeks in Hyde Park or anywhere else.

On the other amendment, the Government think that a maximum of 90 days strikes the right balance. Without any limit it would, for the person directed not to start a prohibited activity, be unclear and uncertain at what point a direction ceased to apply. With the limit of 14 days, we could, with some persistent resident protestors, so to speak, create a burden requiring unduly frequent renewal. Ninety days has been applied in a number of other areas for these sorts of orders.

Subsections (1) and (2) of this clause provide that the direction to stop a prohibited activity may include a direction that the person does not start doing that activity again and that the direction continues in force for a period of time specified by the constable or authorised officer giving the direction.

Then we come to the use of “varied” in Clause 145(6)(c). We thought it fair to give officers the ability to amend a direction given to enable them to deal with changing operational circumstances. This would mean the officer would be able to change the duration of the direction or to reinforce the direction taking account of changing circumstances. This amendment would curtail the rights of officers and reduce their ability to respond proportionately to changing circumstances, and we are all familiar with how difficult it can be to do so in large demonstrations.

I am not sure whether the noble Lord, Lord Rosser, formally moved the amendment tabled in the name of the noble Lord, Lord Dubs, but our sense on the amendment is that he was providing detailed guidance of the sort that should not be in the Bill but which should be provided. I think I will need to write to the noble Lord about exactly which parts of these clauses will be subject to further guidance, but I promise that I will write.

[Lord Anderson of Swansea]

When the Government look at issuing detailed guidance, I hope they will not neglect the concern of my noble friend Lord Dubs about the use of amplifying equipment. I recall that during the encampment in Parliament Square I was unable to use my parliamentary office in 1 Parliament Street over an extended period. I hope that that will be taken fully into account when detailed guidance is given by the Government. I have very many scars from that time.

[Lord Wallace of Saltaire]

My Lords, we will be coming on to that. I know that there are different, but very strongly held, opinions on amplifying equipment. Westminster City Council replied that by all their measures traffic noise was more important than the amplifying equipment. I think my colleague will be coming on to that on the next amendment.

[Lord Anderson of Swansea]

Members of Parliament were unable to do the job for which they were elected as a result of the activities of certain of the protestors.

[Lord Wallace of Saltaire]

Having heard this useful further discussion, I invite the noble Baroness to withdraw her amendment.