Police, Crime, Sentencing and Courts Bill

Lord Balfe Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Balfe (Con)]

My Lords, I begin by joining the welcome to my noble friend Lord Sandhurst. We are delighted to have him among our colleagues on these Benches.

I thank the various people who have briefed me for tonight, in particular the union UNISON, the Trades Union Congress and the Quakers—a trio of very socially responsible bodies. One of the things they have drawn to my attention is a recent Court of Appeal judgment, where it was held that:

“In a free society all must be able to hold and articulate views, especially views with which many disagree. Free speech is a hollow concept if one is only able to express ‘approved’ or majoritarian views. It is the intolerant, the instinctively authoritarian, who shout down or worse suppress views with which they disagree.”


I think that is a very useful start for where we are going.

To an extent, the Minister will have a huge amount of work clarifying matters in this legislation, because what is not clarified will of course end up in the Court of Appeal. If we do not make it clear, it will be clarified by judges, and fortunately—I hope—they will bear in mind such documents as the European Convention on Human Rights and others which have guided judicial findings to interpret this Bill.

One of the difficulties we have—which the noble Baroness, Lady Fox, alluded to—is that there are some people at the moment who deliberately exploit an anarchic way of conducting protest, not because they believe in the protest but because they believe in trying to get the consequences of the anarchy to panic society into taking decisions which could well turn out to not be very wise.

Having said that, the trade union movement welcomes the protection for emergency workers and looks forward to finalising and refining this legislation, so that it deals comprehensively with a body of workers who have had enormous amounts of problems.

I think the noble Lord, Lord Sikka, has left us, but he mentioned Orgreave. If we are actually interested in looking at the consequences of protest, there is a protest that could well do with some official looking at.

The definition of nuisance is a very movable feast, and we have to look very carefully at the borderline between what I would call peaceful protest and noisy and deliberate protest. As has been said, the whole nature of protest is often noisy. I have been on demonstrations in my time, and it is a very common thing—it is a sort of crowd coalescer—that you will have a slogan and you shout it out and it has a meaning for the people there. Most people who go on a demonstration in the classical sense are there because they have a reason for being there. They do not think, “What shall I do today? I know, I will go and demonstrate.” They are there because they are either in favour of something or against something, but they feel strongly about it.

If you bring in a penalty, as has been mentioned, of 10 years for disturbing flowers on a war memorial, it will never be imposed. It is as simple as that. It would be foolish legislation because no magistrate would ever impose that sort of punishment. I suspect we will spend considerable time looking at the Bill and dealing with its detail, but I hope, at the end, we will have a better Bill, because there are good parts of it, but there are also parts that need very careful examination.