Police, Crime, Sentencing and Courts Bill

Lord Hendy Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Hendy (Lab)]

My Lords, I add my compliments on the maiden speech of the noble Lord, Lord Sandhurst. I had the pleasure of knowing him at the Bar. He will be a great asset to your Lordships’ House.

The noble Lord, Lord Blencathra, forcefully amplified the Delegated Powers Committee’s serious criticisms in its report published yesterday. I am privileged to serve on that committee under his excellent chairmanship. I want to amplify just one point. In its report, the committee contends that Clauses 55, 56 and 61 are inappropriate in that they surrender the power to define the meaning of certain phrases to delegated legislation, which is not subject to the full scrutiny of primary legislation. The noble Lord, Lord Blencathra, emphasised that our committee took no position on the substantive provisions but recognised that they are contentious and should therefore be on the face of the Bill.

Let me touch on why those provisions might be contentious. Among other things, these clauses give powers to a senior police officer to impose conditions on a procession or assembly where the officer reasonably believes that noise generated by persons taking part may result in

“serious disruption to the life of the community”

or

“serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession”

or “assembly”. The Bill does not define either phrase. Instead, it gives power to the Secretary of State to do so by regulation. Surely this is an abuse of parliamentary democracy. Where the words of primary legislation are to have a particular meaning, they should be set out on the face of the Bill; this would enable us to debate the proposed meaning properly.

In fact, we have a draft of such regulations in relation to the meaning of one phrase but not the other. The phrase defined in the draft regulations is

“serious disruption to the life of the community”.

The draft regulations provide:

“It may be regarded by the senior police officer as serious disruption to the life of the community if there is … a significant delay to the supply of a time-sensitive product impacting on the community, or … prolonged physical disruption to access to essential goods and services impacting on the community.”


They go on to say that

“‘time-sensitive product’ includes newspapers and perishable items … ‘essential goods and services’ means … the supply of money, food, water, energy or fuel … a system of communication … a transport facility … a place of worship … an educational facility … a service relating to health, or … another critical public service.”

It is quite clear that this will mean that the police may impose conditions on those legitimately, but noisily, picketing their place of work to persuade others not to work during a lawful industrial dispute where the workplace is involved in food, water, power, railways, buses, planes, ships, newspapers, mail, TV, radio, film, education, health, local government, civil service or other critical public services. It is hard to think of workplaces which will not be included.

The law on picketing is already highly regulated by statute. It has been so since the Conspiracy, and Protection of Property Act 1875—146 years ago. It has many times been restricted, most recently by the Trade Union Act 2016, but this emaciated right to picket peacefully

“in contemplation or furtherance of a trade dispute”

still remains. This Bill will give the police the power to effectively extinguish it in many sectors.

Some of your Lordships may well think such further restrictions highly desirable; others will oppose them. Let us have the debate on the basis of meanings set out on the face of the Bill, not ones yet to be determined and then tucked away in secondary legislation which avoids all but cursory parliamentary scrutiny and which we cannot amend. I ask the Minister to amend the Bill by including in it the definitions which she desires.