Public Order Bill

Lord McAvoy Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, there seems to be a litany of problems with Clause 9, but I will pick up on just a few. First, I want to make it absolutely clear that I support the view that it is unacceptable for women to face harassment or intimidation of any kind. If people are found to be doing this outside abortion clinics, they should be dealt with swiftly, and support should be provided to victims. It is important to be clear that we already have laws which provide wide-ranging powers for authorities to keep public order and to protect women from harassment and intimidation, including outside abortion clinics. These include police powers to protect women who are harassed and intimidated and to take action where protests result in serious disruption. Indeed, that was the conclusion of the Government themselves: a former Conservative Home Secretary stated in 2018 that

“legislation already exists to restrict protest activities that cause harm to others … and I am adamant that where a crime is committed, the police have the powers to act so that people feel protected.”—[Official Report, Commons, 13/9/18; cols. 37-38WS.]

Although this amendment was added to the Bill in the other place, I know that the Government still reiterated the position that there was enough legal protection for women in that position. The Home Office recently said that

“the Government expects the police and local authorities to use their powers appropriately.”

Therefore, what is the purpose of this clause? The police already have the powers needed to deal with harassment where it occurs. The only discernible difference seems to be that we are now also criminalising those who offer to support women in that position—often very vulnerable women—and criminalising quite a peaceful process.

I need to stress that I quite understand that proponents of Clause 9 are seeking to protect vulnerable women entering abortion clinics. It is absolutely the case that women experiencing crisis pregnancies can often be under a great deal of pressure and are therefore deserving of our support. However, the pressure can also cause many women to feel that they have only one option: to terminate the pregnancy. Volunteers outside abortion clinics recognise this fact and are simply trying to help women to find out what help is available. People like that should not be sentenced to prison for six months—that is what this clause does, according to my reading of it. Are those in support of this clause really in favour of criminalising people who seek to help women with housing, protection from domestic abuse, the provision of clothing or a variety of other financial and legal support?

The Be Here For Me campaign is a testimony to the value that this help can provide. One mother who benefited from this help was quoted as saying:

“You don’t have to disagree with abortion to see that simply offering alternatives should be legally permissible. The day that I turned up to my abortion appointment, a volunteer outside the clinic gave me a leaflet. It offered the help that I had been searching for … there are hundreds of women just like me who have benefited”


from support. That may be only one instance, but it is a clear example of how people can be helped.

We cannot start using blunt instruments such as this clause to criminalise innocent volunteers. If we make it illegal to hand out a leaflet with offers of housing or support, we embark on a slippery slope that could lead to bans on other leaflets with which we disagree. Who among us would condone such a policy being imposed on the Members of the other place during an election? Yet that outcome becomes a possibility if this clause becomes law. Let us strongly oppose Clause 9, and let the Government get the message here from what seems to be all sides of the House, so that they consider how they can protect the ability to offer valuable help to vulnerable women when they need it most.