Parliament Square (Management) Bill [HL]

Lord Marlesford Excerpts

Friday 1st July 2011 Lords Chamber

Moved by

[Lord Marlesford]

That the Bill be read a second time.

[Lord Marlesford]

My Lords, I beg to move that this Bill be now read a second time. In the 20 years that I have been deeply privileged to be a Member of your Lordships' House, this is the first occasion on which I have put before your Lordships a Private Member’s Bill. It is a short and simple Bill. Its basic premise is that public protest and demonstration is a crucial element in democracy and that it should therefore be facilitated. Furthermore, as Parliament is the guardian of the people, their interests and their rights, it is often to Parliament that protesters should first speak. The people expect to be heard and seen by Parliament.

That is not always as it is in all democracies. Let us compare it with France, another democracy and a neighbouring country. There the people do not have the same faith in their parliament as protector of their rights. That is why protests in France so often rapidly become violent, with the mob taking to the streets. Because of the lack of faith in the French parliament, the people often support the mob as their surrogates. All too often in that country, the Government are faced with the choice of either giving in to a protest or sending in the CRS to break it up. That is not the British way, and it is why it is so important for people to have a recognised and convenient way to appeal to Parliament. There are several ways of doing this, including direct lobbying of the House or protesting.

I hope that we can all agree that Parliament Square is an ideal spot for protests and demonstration. However, it must be available to protesters. Its space must not be hogged by long-stay occupants who camp there, sometimes for months or even years. I think that we can all agree that the present situation is completely unsatisfactory and more or less out of control. I have over recent months—years, indeed—asked a number of Written Questions about Parliament Square. When the previous Government were in power, I asked for details of how many tenants there were and on what basis they had been authorised. I got a very full Written Answer. Last month, I asked the same Question again, because we all know that the situation has changed greatly. I was interested to receive from the Minister the Home Office's answer—I do not blame her for it—which stated:

“The Home Office does not hold this information. Section 134 of the Serious Organised Crime and Police Act 2005 sets out the criteria the Metropolitan Police would use for authorisation”.—[Official Report, 29/6/11; col. WA 445.]

When I last counted the number of tents, there were 28. The previous Written Answer referred to eight. This suggests a certain lack of grip. That is why the Government have brought forward their own proposals in the Police Reform and Social Responsibility Bill.

My very short Bill seeks in the simplest and least confrontational way to free up Parliament Square for protests, so that they can be vibrant, relevant, current and can have the maximum impact. Because there has been so much controversy about who is responsible for Parliament Square, the first clause sets up a committee; that will make it clear who is responsible. All those who are responsible at the moment, including Westminster City Council and representatives of the Metropolitan Police, would be part of that committee. The committee would be responsible for co-ordinating the work of its members to ensure that the controlled area is kept free of litter, detritus or other debris.

Clause 2 seeks to facilitate demonstrations: that is its primary purpose. It also provides for certain items to be removed from the square. I have listed most of the items that the Government put in their Bill, such as tents, other structures designed or adapted for sleeping or staying in a place, litter, detritus or any other debris. But how does one achieve the action that will be required? One wants an arrangement that is as liberal and free as possible, but is effective. My solution is very simple and, perhaps I might presume to say, elegant. It merely requires the committee, every night between midnight and 6 am, to clean up the square. That is a simple thing to do that would not impede protest. People would have 18 hours out of 24 to do any protesting that they wished. I hope that it is a better solution than the elaborate proposals included in the controversial Police Reform and Social Responsibility Bill. Therefore, I ask the House to give this Bill a Second Reading.

--- Later in debate ---

[Lord Marlesford]

My Lords, I am extremely grateful to all noble Lords on every side of the House for the contributions that they have made to the debate. Virtually all the points made were sound. In as far as it may be necessary in my Bill to take account of them, I shall be very receptive to amendments that noble Lords wish to put down—or suggest that I should put down. I say that straight away. The noble Lord, Lord Campbell-Savours, read a devastating statement from Westminster City Council, which is totally involved in this matter. I am surprised that the Government were not much more aware of that situation. Frankly, the idea of being able to go ahead in the face of such opposition is absurd. I know that everybody wants to have lunch and go home so I will not go into detail on what noble Lords said—except to be grateful and thank them—but I must deal a little with the Minister.

The problem is that one of these days the Home Office has to recognise that other people can have ideas which may be even better than its own. My noble friend was right when she said that camping is at the heart of the issue—and that is exactly what my Bill is about. The Government’s approach—not the Government’s; it is the Home Office’s approach—is seizure. The whole of Clause 147 of the Police and Social Responsibility Bill is about powers of seizure. My Bill is not about seizure. Seizure is confrontational.

[Baroness Browning]

Just for the record, there is no differentiation between me as a Home Office Minister and the Home Office. As a Minister, I have always taken full responsibility for any department I have had the pleasure to work in. The buck definitely stops with me. I assure my noble friend that this is not just about the Home Office. The matter is sitting on my desk.

[Lord Marlesford]

My Lords, I accept that. It is axiomatic of our system of government. However, my point is that the solution put forward by my noble friend—let us forget the Home Office for the moment—is about seizure. The Minister asks why my Bill, if it were enacted, would prevent people camping, as they would be able to put up camps in the daytime. On the whole, people put up tents to sleep in them at night. If the tents had to be packed up every night, people would soon stop bringing them. It might take a matter of days or, at most, a few weeks. On enforcement, if a Westminster City Council van went around on the first night, there might have to be a certain police presence to encourage people either to walk away with the tent under their arm or to allow it to be put in the dustbin. However, that would be a very simple matter.

All I say is that my proposals are much simpler, less confrontational and more likely to work. I hope my noble friend will, when we debate the provisions in her Bill on Report, be much more sympathetic than she is being at the moment. I say to the noble Lord, Lord Sharkey, that I believe in facilitating; Clause 2(1) of my Bill includes the phrase “facilitate lawful, authorised demonstration”. It is the job of the committee to encourage and allow what we need by way of democratic facilities. However, I am afraid that I am left with the strong conviction that my solution is a great deal better than that of the Government. Therefore, I ask the House to give my Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.