Crime and Policing Bill

Debate between Lord Marks of Henley-on-Thames and Lord Walney

Consideration of Commons amendments and / or reasons
Thursday 16th April 2026 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, my understanding of the Companion is that the noble Lord, Lord Pannick, is correct in what he said: if it wishes, the House can set aside the Companion and hear from a noble Lord, but in that case a Motion has to be put and voted upon.

[Lord Walney (CB)]

My Lords, I do not know whether this is helpful in any way—probably not—but as the proposer of the Motion, I really would appreciate hearing what the noble Lord on the Front Bench has to say on it.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, on that basis, unless I am stopped, I will speak briefly.

On the first Motion I was going to address, that of the noble Lord, Lord Walney, we have a great deal of sympathy for his proposal. Indeed, we would go so far as to say that it seems like a good idea. Its principal appeal is that it would permit a step falling short of proscription of an organisation, which would not involve anyone peacefully expressing support for that organisation at a demonstration or a protest being arrested, charged and possibly convicted of an offence under the Terrorism Act. In that, I fully agree with the points made by the noble Viscount, Lord Hailsham, and the noble Baroness, Lady Fox of Buckley.

I understand that the noble Lord, Lord Walney, does not intend to press his Motion to a vote, and we on these Benches think he is right in that because our reservations remain. We abstained on Report, and our principal reason for doing so was that the amendment leaves in place the present law on proscription and does not oblige the Government to make a designation of a group as an extreme criminal protest group where the existing threshold for proscription is met, so we would be left with the position that the Government would have two alternative designations as options: one with consequences that we consider to be undesirable, far too severe and damaging; and the other with far less serious consequences. We think that risks introducing an element of muddle and a lack of clarity into this very difficult but important area of the law. It is important for civil liberties and the rights of the citizen, and important for the control of terrorism and of public criminal behaviour more generally.

As the noble Lord, Lord Pannick, mentioned, we await the decision of the Court of Appeal and any possible appeal to the Supreme Court on the proscription of Palestine Action, and we also await the review of public order law by the noble Lord, Lord Macdonald of River Glaven. We are not persuaded that it would be sensible now to introduce a compromise that would address a very real difficulty with the Terrorism Act as it stands but would leave the law uncertain. It is better by far, we suggest, to wait and trust that a more comprehensive and credible solution to the difficulties presented by the present law can be found that does not involve leaving the law unamended and available on proscription alongside an alternative system introduced as a partial answer only to the weaknesses of the law as it stands. We applaud the noble Lord, Lord Walney, for the work he has done on this and we think he has a sensible way forward, but it needs further work and we agree that it should not be pressed at this stage.

On Motion S1, I have nothing to add to what was said by my noble friend Lady Doocey, except that these Benches are fully behind everything she said in approving of her Motion.