Public Order Bill

Lord Foulkes of Cumnock Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I am pleased to follow the noble Viscount, although, however tempted I am, I am not going to go down the avenue that he opened up. Instead, I want to pay tribute to my noble friend on the Front Bench, who made a brilliant speech in introducing this debate on our side. It was one of the best I have heard from the Opposition Front Bench. I say so not because of my usual sycophancy, but for two real reasons. First, because it is true—it was a powerful, passionate speech, and I agree with every word of it, which makes my approval of it even better—and, secondly, because he was one of those who slightly raised an eyebrow when some of us challenged this Bill at First Reading. We know that it is not usually done. In fact, it is hardly ever, if ever, done to challenge a First Reading, but some of us felt that there are some provisions in the Bill that are so awful that this House should not even consider them. That is why we took that unusual step, and I am sure my noble friend will understand.

I want now to outline, since we are forced by the Government to consider the Bill, some of the reasons for my opposition. In have been in Parliament for about 43 years, a long time, having served in the other place. I believe that one of our core duties here and there is to protect key democratic rights, now being fought for in Ukraine by the brave people there, and we should not undervalue their importance.

One of them is the right to protest. Some noble Lords who have heard me speaking in foreign affairs debates and asking questions will know that I have highlighted before the various human rights abuses which the brave protesters in Belarus continue to endure. My noble friend Lady Chakrabarti and the noble Lord, Lord Beith, raised the issue of Belarus. I am alarmed to note that many of the proposals in this Bill closely mirror protest laws which are currently enforced by the Lukashenko regime in Belarus. Until we expelled Russia, Belarus was the only country in Europe not to be a member of the Council of Europe, because of its awful regime.

For example, in Belarus anyone who has received a fine for organising a protest or a “related crime” is then forbidden from organising further protests for one year following conviction. The SDPOs in this Bill not only enforce a similarly draconian punishment but will go a step further, preventing not just organising but participating in protests for up to two years, with the potential to renew indefinitely. Furthermore, these SDPOs could be imposed on individuals who have not been convicted of any crime, which could result in a dystopian scenario in which innocent members of the public, as has been said by others, are subject to measures usually reserved for criminals, such as electronic tagging.

Another parallel with Belarus are the new stop and search measures included in the Bill, which would give police the power to conduct stop and search without any suspicion whatever, just because someone is in the vicinity of a protest. This distinctly resembles Lukashenko’s law on mass events, which gives Belarusian authorities the power to search any citizen attending a protest and ban them from participating if they refuse to be searched. We should be very wary of adopting these policies of repression. Belarus’s democracy index is the lowest in Europe. Do we want to sink that low?

I am also troubled by the legality of the Bill since, according to Amnesty International and Liberty—well-reputed third sector organisations—the stop and search powers proposed are incompatible with our existing international obligations under, as was said earlier, both Article 11 of the European Convention on Human Rights and Article 21 of the International Covenant on Civil and Political Rights. I am aware that some members of this Government, sadly including the current Home Secretary, have advocated us leaving the European Convention on Human Rights, but surely they cannot also think that we should abandon our commitment to the UN Human Rights Committee.

Let us come to where we are now. I can assume only that the authors of the Bill must believe that the current powers are insufficient. As others have said, that is completely wrong, for in just under 30 days of mildly inconvenient protests by Just Stop Oil there have been more than 600 arrests—54 protesters were arrested on 4 October alone. That does not seem to be a toothless police force.

The police agree with this. As others have said, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services is on record saying that measures equivalent to the protest ban orders

“would neither be compatible with human rights legislation nor create an effective deterrent”

and that

“a little inconvenience is more acceptable than a police state”.

Surely that is a very powerful argument.

My final issue with the Bill is that, even if it was necessary and the measures were not indicative of the authoritarian creep we have come to expect from this Conservative Government, the vagueness of the wording will target far too broad a range of individuals and behaviours. I imagine most of us agree that carrying a bike lock or some glue in the vicinity of a protest should not be considered a crime. Similarly, criminalising a paramedic who is supervising the safety of a protester seems both dangerous and totally unethical.

This is not a Bill designed to curb the actions of a few disruptive protesters. It goes much further than this and seriously risks harming a liberty that, in this Government’s own words, is unique and precious. These are the worst aspects of the Bill. I believe we should oppose the Bill at every opportunity, and I intend to do so.