Anti-social Behaviour, Crime and Policing Bill

Lord Deben Excerpts

Monday 25th November 2013 Lords Chamber

Moved by

[Lord Deben]

22R: Before Clause 55, insert the following new Clause—
“Extension of “the controlled area of Parliament Square” to the vicinity of the Palace of Westminster
(1) Section 142 of the Police Reform and Social Responsibility Act 2011 is amended as follows.
(2) In subsection (1) after subsection (1)(b) insert—
“(c) the footways of Bridge Street, St Margaret’s Street, Abingdon Street, and so much of the footway of Great College Street as immediately adjoins Abingdon Green,(d) Old Palace Yard,(e) Abingdon Green, and(f) the northern end of Victoria Tower Gardens.”(3) In subsection (2)—
(a) before the definition of “the central garden of Parliament Square” insert—““Abingdon Green” means the garden constructed on the sites of properties formerly known as 17-28 (both inclusive) Abingdon Street, London SW1, and the garden surrounding the adjoining Jewel Tower;”
(b) after the definition of “footway” insert—““the northern end of Victoria Tower Gardens” means that part of Victoria Tower Gardens which lies within 100 metres of the metal railings which mark is northern boundary;
“Old Palace Yard” includes the King George V Memorial and the surrounding lawns and paving.””

[Lord Deben (Con)]

I beg to move the amendment standing in my name and those of the noble Countess, Lady Mar, and the noble Lord, Lord Campbell-Savours.

This is a simple and, I hope, uncontroversial concept. The other House introduced legislation to deal with the twin issues of enabling access for those who wish to protest or state their case to the Houses of Parliament, but in a way that does not inconvenience unduly the work of the Houses of Parliament and, indeed, other people who wish to use Parliament Square. Parliament took some time to get the right balance. I think it would be true to say that to start with we did not have proper protection; we then moved to a position in which many felt that there was not enough freedom for people to demonstrate; and then to the present arrangement, which I think now has all-party support, which states that people can properly demonstrate but that they must have permission to use equipment that amplifies the words they say. That is a not unreasonable request, and that is the balance that has been reached. Unfortunately, the present rule refers only to Parliament Square itself and the part closest to the House of Commons.

It was always thought that if there were movement in any other direction, the police would be happy to take action. However, without blaming anyone, it seems that that is not the case. The police would prefer not to intervene. The problem that arises is that this means that on an increasing number of occasions, part of this House is almost impossible to work in. I came to terms with this when I was trying to have a detailed discussion with one of the officers of the House and we had to move out of his office into the corridor because we could not have a conversation, so loud was the noise from outside. It also did not help that one could not hear what the noise outside was about, because the trouble with much of the amplification used is that it obscures the sense while increasing the noise. I fear that this is one aspect of human life today in any case, but it is particularly notable in this case.

The difficulty is merely geographical. The law at the moment stops before you get to the House of Lords—and those who protest have discovered that. They feel that it is perfectly reasonable, therefore, to do within the curtilage of the House of Lords precisely what they used to do, to the concern of the public, in the area immediately in front of the House of Commons. All my amendment therefore does is increase the geographical area by the minimum necessary to provide the House of Lords with the same protection and opening that the House of Commons already has, without the intervention of the police.

There is an additional reason about which the House should know. On Sunday, for example, when the House of Lords was not sitting, a large collection of people gathered outside the House of Lords to address us. Of course, the only people whom they addressed were those attempting to worship in Westminster Abbey and St Margaret’s, Westminster. I received no direct complaint about that, but there is no doubt that the noise made the worshippers’ activities, which were perfectly proper for a Sunday, almost impossible if one was close enough to the noise.

I hope that no one in this House would accuse me of being anything other than usually entirely on the side of freedom. I have a long history of doing that and I do not want to restrict anyone from protesting. Indeed, I can think of few happier occasions than when many of us went out to join those who had come to celebrate the passing of the Marriage (Same Sex Couples) Act. It was a happy and cheerful activity, and not something that one would have wanted in any way to stop. However, what has to be stopped is the kind of behaviour that made it impossible for the House of Commons to continue and that caused it to pass legislation that protected it and—I am sure by some oversight—failed to move just far enough to protect this House.

I therefore very much hope that we will be able to have this protection. The convenience of the Bill is that such a provision is clearly within the remit of the Long Title, and therefore that we can pop in the new clause to no one’s detriment. We will still ensure that Her Majesty’s subjects who wish to complain to us about any subject under the sun will continue to be able to do so but, we hope, with a voice that is clear but not so loud as to be impossible. I beg to move.

--- Later in debate ---

[Baroness Hamwee (LD)]

I support the notion, if not necessarily the detail of finding a way of using what is at the heart of our democracy and an area that has Parliament, Westminster Abbey and the Supreme Court, around it, and which is indeed a world heritage site—I shall not get into the issue of whether traffic should be using it—to provide a means of public expression. I mean expression by the public, not those of us who are in the buildings. That is something in which the Hansard Society is interested as well.

My noble friend’s speech was about the amplification of noise and his amendment would extend the prohibitions to the other prohibited activities, which are about putting up tents, having what is called sleeping equipment, and so on. The noble Lord, Lord Martin, may have referred to this, but other noble Lords have focused on noise. If there is to be an extension—I agree that the fewest extensions or prohibitions the better—I wonder whether it is necessary to deal with both aspects.

[Lord Deben]

Yes, it parallels exactly what is already enacted for Parliament Square. The reason for that is: when people look at the present situation they could easily duplicate what was the major problem in Parliament Square, which was people living there week in, week out. It excludes that, but it does not exclude the normal arrival to speak or to put forward views, or indeed to ask permission for loudspeakers, which is also possible. It would merely put us in the same position as the House of Commons, which seems to be a not unreasonable proposition.

[Baroness Hamwee]

My Lords, I accept that, of course, and the possibility of seeking permission. But we have not experienced the problem of people moving into Abingdon Green, and so on. I think that my noble friend will understand my slight caution about that part of the amendment.

--- Later in debate ---

[Lord Taylor of Holbeach]

I have to hold out that possibility but, on the other hand, it might not. If the latter is the case, it is perfectly proper for this House to seek a remedy which enables it to perform its function and for its Members to carry out their duties without the gross disturbance which they have otherwise been subject to.

We need to progress with a certain amount of caution here. We have to justify anything that we do by way of legislation with our friends in another place and with the greater public opinion outside. I advocate that as a matter of caution. However, we need to seek a way forward. I am looking to work with others to find a solution. We need to make sure that it is a sensitive and effective solution. I hope that with that and all that I have said my noble friend will be ready to withdraw the amendment.

[Lord Deben]

My Lords, I thank my noble friend for the consideration with which he approached my amendment. The truth is that the laws and by-laws to which he referred exist but are not enforced. He made that point. That was precisely what happened in Parliament Square. Parliament and the House of Commons decided that the square would need a special arrangement because that was the only way to make sure it was enforced. It has now been enforced in the new, much more elegant form brought in by the 2011 Act, about which I have heard no complaints, even from the most extreme of campaigners. They see that the balance is roughly there. It seems odd that what is sauce for the elected goose should not be sauce for the unelected, but happily continuing, gander. I have difficulty in understanding why there should be a difficulty, if I may put it as elegantly as that.

I am very happy to meet my noble friend and all the other people he spoke of, but I suspect that the House will want to come back to this at a later stage. However much conversation we have with the same people who failed to regulate the matters in Parliament Square before the law was changed, I suspect that we will want to come back to this House and propose again the simple concept of moving what is now limited to Parliament Square further along the road. Of course, I undertake that, in those discussions, the actual boundaries will be looked at again in case we have not quite got them right. I do not want to go further than is absolutely necessary because I do not want this to be different from, or impinge upon, other jurisdictions. This is about the Houses of Parliament. At the moment, it is about one House of Parliament—all I want to do is make sure that it is about both Houses. On that basis, I am happy to withdraw the amendment but hope that our discussions will end up with an amendment that is acceptable to the Government when we come to Report. I beg leave to withdraw the amendment.

Amendment 22R withdrawn.