Police Reform and Social Responsibility Bill

Lord Dubs Excerpts

Thursday 14th July 2011 Lords Chamber

[Baroness Hamwee]

We remain in Parliament Square, as it were. Noble Lords will be glad to know that we have now got as far as page 100 in the Bill. Instead of giving the court the power to impose a sanction on an open-ended basis following the conviction of anyone who has committed an offence under the prohibited activities in the controlled area of Parliament Square, the amendment would limit that power and provide that no order may,

“prohibit a person from entering the controlled area of Parliament Square nor restrict a person’s right lawfully to demonstrate there”.

This is a simple proposition, I hope, that was suggested to me by the organisation Justice. It is right that Parliament Square is a public place which, as we have seen, will be well controlled, or better controlled than I would like. As noble Lords are all saying, it is a place where properly organised demonstrations and expressions of opinion are entirely appropriate. It is hard to imagine why it will be necessary to prohibit entry to the square altogether. These provisions will be targeted at demonstrators and it is important to the democratic process, again as noble Lords say, that provisions aimed at preventing setting up camps, in particular, do not have the by-product of silencing protests altogether. Rather than this blanket prohibition the court should properly look at dealing with offences on an offence-by-offence basis, not making an order, which is equivalent to an injunction, for the future. It is almost more akin to convenience than a proper criminal sanction. That is what underlies my amendment.

While I am speaking, I wonder whether I can have a word about two of the government amendments in this group, Amendments 307ZA and 309ZE. The Minister will explain the application of this very old legislation—the Parks Regulation (Amendment) Act 1926. I assume that this is a device to extend certain controls relating to seizure to other areas near to Parliament. What will be given by these provisions are powers to yet another class of official—we have park constables in this legislation. Are we giving powers to unwarranted officers to make seizures? How will that regime fit in with the arrangements to be made for Parliament Square? The legislation refers to a park trading offence, and as I read the existing legislation, that will require some regulation. Perhaps that can be clarified. My concern is that we should not be adding to the confusion by a different regime. As regards Amendment 306C, I beg to move.

[Lord Dubs]

I should like to speak to Amendment 307 standing in my name. I am a member of the Joint Committee on Human Rights and we spent quite a lot of time considering this Bill. I hope that the Minister will not mind if I go public on a private conversation she and I had some little while ago. I buttonholed the Minister in the Corridor and said that I had an amendment that I was sure she would see to be so sensible that she would give it her support. She looked at me and said, “Yes, that’s what they all say”. I still believe that this is a very helpful amendment.

When we give powers to the police there should be codes of guidance under which the police would operate. There are many precedents for having such codes: I will come to them in a moment. The Bill contains complexities that the police will find it hard to work around. Reference has already been made to structures, sleeping equipment and authorisation for amplification such as loudspeakers. These will be difficult decisions for the police to make—all the more so because I think I am right in saying that one has to get authorisation 21 days in advance for using loudspeakers, but only six days in advance for holding a demo. One has to apply much earlier for the right to use loudspeakers than for the right to demonstrate at all. This is confusing, and it will be difficult for the police to implement.

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Tabled by

[Lord Dubs]

307: After Clause 151, insert the following new Clause—
“Guidance issued under this Part
(1) The Secretary of State shall issue guidance on—
(a) prohibited activities under section 145;(b) directions under section 145(1);(c) seizure and retention of property under section 147;(d) authorisations for the operation of amplified noise equipment under section 149.(2) Guidance issued under subsection (1)(a) shall include—
(a) further details defining the terms—(i) “structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period”,(ii) “sleeping equipment”,(iii) “the purpose of sleeping or staying in that area”, and(iv) “the purpose of sleeping overnight”;(b) guidance about the treatment of amplified noise equipment used by disabled persons for the purposes of communication.(3) Guidance issued under subsection (1)(b) shall include provision about—
(a) the circumstances in which a direction under section 145(1) may be made;(b) the form of any direction given under section 145(1), in particular—(i) the circumstances when a direction or the variation of a direction must be in writing;(ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction;(iii) the appropriate duration of any direction or variation of a direction; and(iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction.(4) Guidance issued under subsection (1)(c) shall include provision about the circumstances in which the powers under section 147(1) shall be exercised, in particular—
(a) the identification and notification of the owner of any relevant prohibited item; and(b) the use of force by constables under section 147(4).(5) Guidance issued under subsection (1)(d) shall include provision about—
(a) the criteria for withholding authorisation; (b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication;(c) the conditions which may be imposed by the responsible authority in connection with any authorisation;(d) the target timetables for processing applications for authorisation (including fast-track procedures for priority authorisation);(e) the form and manner of—(i) the application for authorisation,(ii) the notice of authorisation, and(iii) the notice of variation of any authorisation;(f) the maximum fee to be paid for determining any application.(6) Before issuing guidance under this section the Secretary of State must—
(a) publish a draft of the proposed guidance; and(b) conduct a public consultation on the draft guidance.(7) In preparing draft guidance, the Secretary of State must, in particular, consult—
(a) the metropolitan police force;(b) the Greater London Authority;(c) Westminster City Council; and(d) the Director of Public Prosecutions.(8) Guidance issued under this section must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.”

[Lord Dubs]

My Lords, I draw a little comfort from the fact that the Minister has said that non-statutory guidance will be introduced. That addresses some of the points in my amendment.

Amendment 307 not moved.