Police Reform and Social Responsibility Bill

Lord Rosser Excerpts

Thursday 16th June 2011 Lords Chamber

[Lord Desai]

My Lords, I spoke on this section of the Bill at Second Reading and I very much support the amendment of the noble Baroness, Lady Hamwee. If we have subsection (1) of Clause 142 in place, which re-establishes the Public Order Act 1986 as the ruling legislation, the rest of that clause/section is completely unnecessary. We can omit all that. If we have the 1986 Act, all subsequent legislation is not required, including Clause 143 and the rest of the provisions in this section.

[Lord Rosser]

My Lords, I have an amendment in this group but we agree with the repeal of the provisions in the Serious Organised Crime and Police Act 2005 relating to demonstrations in the vicinity of Parliament. We also agree with the need for further proposals and for the use of the 1986 Public Order Act. The 2005 Act created a new offence of demonstrating without authorisation in what is described as a designated area, which was defined by order. That designated area had to be within 1 kilometre of Parliament Square. The use of loudspeakers in the designated area was also banned.

However, that Act had unacceptable and unintended consequences on the right of some to protest and it soon raised concerns that the Act had not, in reality, struck the correct balance between the right to protest and the rights of people to go about their everyday business and for them to enjoy Parliament Square. A proposal to repeal the provisions of the 2005 Act was included in the Constitutional Reform and Governance Bill. That proposal fell in the wash-up at the 2010 general election.

In looking at the Government's proposals we have some questions to raise, simply to test whether they are likely to achieve their objectives. It would certainly be helpful if the Minister could define the problem that the Government feel that their proposals will address, and to define the harm that the Government are trying to deal with. The Government’s proposals are, in many ways, similar to the provisions of the Serious Organised Crime and Police Act but they apply to a much smaller area, namely Parliament Square. How did the Government decide that Parliament Square should be the limit of the area to which their proposals should relate? Although he is not in his place, the noble Lord, Lord Blencathra, had amendments proposing, as I understand it, to include Abingdon Green. How would the situation be addressed if those protesting—the permanence of existing protests is an issue—moved just outside the area of Parliament Square?

Do all the parties directly involved support the Government’s proposals, including the Greater London Authority, Westminster City Council, the Metropolitan Police and indeed the House authorities here? Are there any areas of disagreement over the scope or the practicality of the proposals?

We recognise that this is not an easy issue to resolve and that at the end of the day it will not just be about what is or is not in the Bill or any associated documentation. It is also about the degree of common sense—which, hopefully, will be considerable—that will be applied by all concerned in implementing the powers in the Bill.

[Lord Wallace of Saltaire]

My Lords, with nine clauses to deal with, worrying about a very small traffic island seems on the face of it to be a bit excessive, but I recognise that there is concern about the current situation in Parliament Square, the overkill that SOCPA applied to it and the question of what we put in place as we remove SOCPA. On the problem that we are trying to address and the harm that we are trying to remove, I say to the noble Lord, Lord Rosser, that the democracy encampment actually produced a considerable amount of harm to Parliament Square Garden. The garden, which should be there for the enjoyment of all, is still fenced off, as the noble Lord well knows, and not only tents but some semi-permanent structures now obstruct the pavement.

I also recognise that this is part of a much wider discussion that we need to have, not just on the Bill but about the future of Parliament Square and of this part of Westminster as a whole. We had a useful debate on this on Friday, to which one or two Members here contributed. I recommend that those who were not here on Friday read Hansard. The debate raised some much wider questions to which I hope this Chamber will return, and which I hope that Members of both Houses and the authorities of the Abbey and the Supreme Court will address.

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[Baroness Miller of Chilthorne Domer]

Briefly, I agree heartily with my noble friend. It is not just a question of the seniority of the police officer, or whether they are warranted. My noble friend made some important points. Every inquiry into difficulties with protests recently has found that training is the issue. I hope that the Minister will be able to tell the House what provisions are in place under this Government for better training. The other place concluded after G20 that never again must untrained officers be placed in the front line of public protest. Nowhere is more front-line than Parliament Square. Inadequate training in the law, including human rights and public order powers, and a lack of clarity about the role and function of the forward intelligence teams, who are very much on the ground in the case of bigger public demonstrations, have been issues.

I realise that since some of those comments were made, we have had the appointment of Sir Hugh Orde, who has brought some valuable experience in human rights training from Northern Ireland, which was recognised for integrating human rights training into general training. In human rights training, it is so important to get the balance between freedom of expression and that spilling over into something else.

The previous Government rather sloped their shoulders with regard to the Home Office giving guidance on what training should be given and said that it was a matter for ACPO. Does the Home Office feel more strongly now that guidance on training, particularly in this regard, is a matter for the Home Office?

[Lord Rosser]

My Lords, I, too, will be brief. I have one amendment in the group. It relates to Clause 149 and deals with a very similar issue to that raised by the noble Baroness, Lady Hamwee: the definition given of “authorised officer”. The clause states that it can be,

“an employee of the responsible authority”,

or,

“any other person who, under arrangements made with the responsible authority … is so authorised for the purposes of this Part”.

All I want to add is that there are concerns, which have been eloquently expressed, about the powers that may be operated by someone other than a warranted police officer. I appreciate that the purpose of the amendments tabled by the noble Baroness, Lady Hamwee, is to ensure that it is a senior police officer.

It will be very helpful in probing how the Government see the role of people other than warranted police officers under this part of the Bill, if the Minister could say what those authorised officers, as defined under the Bill, will be expected to do. What will an authorised officer not to be able to do that a warranted police officer could do under the Bill?

Will the role of the authorised officers include policing demonstrations? How will people know that they are authorised officers under the terms of the Bill, since presumably they are not going to be dressed like police officers? Will it be obvious to all concerned? The Minister will know from evidence given in relation to this Bill that a view has been expressed in police circles that even clearly identifiable police officers may at times have difficulty in having their decisions and instructions accepted by those who are taking part in demonstrations—certainly in the heat of the moment. Surely that becomes even more difficult, depending on what the Minister has to say about the role of authorised officers, in relation to somebody who is not a police officer. Who will determine the suitability of these authorised officers for the role envisaged for them in this Bill, whatever that role may be?

I hope that the Minister will be able to clarify the situation and perhaps put minds at rest to some extent by what he has to say about the role and responsibilities he expects for these authorised officers who are not warranted police officers.

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[Lord Rosser]

My Lords, I hope that I have the right group of amendments and will not start talking to something that I am not meant to be talking to. I will not add to the points made by the noble Baroness, Lady Miller of Chilthorne Domer. Like her, I await the response with interest. I will raise the issue of guidance, which is covered by an amendment in this group in the name of my noble friend Lord Dubs, who unfortunately is not in his place. I will not go through everything in the amendment, but will simply ask the Minister for clarification. There have been one or two references to other documentation or some form of guidance being issued. Can this be clarified now across the Dispatch Box? What part of the clauses relating to Parliament Square that we are discussing will be the subject of further guidance, perhaps to identify the meaning or interpretation that is to be put on some of the words that are used, in addition to the specific guidance referred to in the amendment? I ask this in the context of wanting to be clear on what areas the Government are going to issue guidance about as far as concerns the clauses in relation to Parliament Square.

[Lord Wallace of Saltaire]

My Lords, I will say two things before I answer the particular points. First, we will come back to Parliament Square on Report. The noble Lord, Lord Blencathra, was unable to be here today and asked to withdraw his amendments and bring them back on Report. I very much hope that we will take further the whole issue of what we should do about the environs of Parliament. I say to the noble Lord, Lord Campbell-Savours, that I have been thinking about when I first became conscious of how special this area is. It was when I was standing on top of the Henry VII chapel at the 1951 State Opening of Parliament. I was fascinated by the speed with which the Westminster City Council rubbish collectors picked up the horse manure as the Horse Guards rode past. My views on what is important have changed a little since then. The following year I sang in Westminster Hall at the lying in state of King George VI, and I have been involved in this area ever since. On Saturday night I will take part in a singing tour of the abbey, so I am probably among those who care most about the integrity of the area.

Secondly, in answer to my noble friend Lady Hamwee, I have the answer from the Box on Clause 142(2). If the provisions come into force on 1 May, for example, directions can be issued from 1 May onwards in relation to activity being engaged in from then, but they cannot include any activity that took place before then: there is no question of retrospectivity. Clause 142(2) ensures that ongoing encampments can be subject to directions once the provisions are commenced. I hope that that answers the point.

I turn to the points made by my noble friend Lady Miller. The Government note that the issues raised are similar to those raised by the Joint Committee on Human Rights. The issue is the appropriate maximum level of fine and whether it is commensurate with the potential damage and harms caused by the prohibited activities. Under the provisions, an individual commits an offence only when they fail to comply with a prior direction that provides an opportunity for them to desist from an activity before committing an offence. While the level of fine is higher than for some other comparable offences, this is balanced by the opportunity to desist from an activity before any criminal liability is attached. Level 5 is the absolute maximum penalty for this offence, and the courts have discretion in setting the level of fine in any case. The Government therefore consider that this maximum level of fine could be a proportionate response to an evidenced problem of serious and wilful disregard of local by-laws.

My noble friend also raised the question of how one measures the strength of protest. Again, we have to balance the strength of protest that a very small number of people wish to assist in against access for a very large number of protestors. I suspect that my noble friend was, as I was, on the demonstration against the Iraq war. We spent a very long time marching—actually, shuffling because there were so many people there—along the Embankment, through Parliament Square and down Whitehall. I never got to Hyde Park. There were 2 million of us. If there had been a small number of people encamped in our path, we would not have been able to get even as far as we did. One has to think about the right to protest in a balanced way. Strength of protest there was expressed by the number of people, not by the fact that any of us wanted to stay overnight and camp for the next six weeks in Hyde Park or anywhere else.

On the other amendment, the Government think that a maximum of 90 days strikes the right balance. Without any limit it would, for the person directed not to start a prohibited activity, be unclear and uncertain at what point a direction ceased to apply. With the limit of 14 days, we could, with some persistent resident protestors, so to speak, create a burden requiring unduly frequent renewal. Ninety days has been applied in a number of other areas for these sorts of orders.

Subsections (1) and (2) of this clause provide that the direction to stop a prohibited activity may include a direction that the person does not start doing that activity again and that the direction continues in force for a period of time specified by the constable or authorised officer giving the direction.

Then we come to the use of “varied” in Clause 145(6)(c). We thought it fair to give officers the ability to amend a direction given to enable them to deal with changing operational circumstances. This would mean the officer would be able to change the duration of the direction or to reinforce the direction taking account of changing circumstances. This amendment would curtail the rights of officers and reduce their ability to respond proportionately to changing circumstances, and we are all familiar with how difficult it can be to do so in large demonstrations.

I am not sure whether the noble Lord, Lord Rosser, formally moved the amendment tabled in the name of the noble Lord, Lord Dubs, but our sense on the amendment is that he was providing detailed guidance of the sort that should not be in the Bill but which should be provided. I think I will need to write to the noble Lord about exactly which parts of these clauses will be subject to further guidance, but I promise that I will write.

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[Lord Rosser]

Perhaps I may raise one point. My memory may have failed, in which case I am sure it will be pointed out to me. In the proceedings in the other place, some surprise was expressed when the Minister said that a loud radio would be regarded as amplified noise equipment. Is the Minister able to say any more about the definition of amplified noise equipment? I appreciate that it is dealt with in Clause 144(4), but if someone came along with a radio, some of which can be pretty loud, and played it, would that be regarded as being amplified noise equipment or not?

[Baroness Browning]

My Lords, in responding to Amendment 244ZB and its linked amendments, it is important to re-emphasise why the Government are bringing forward this package of reforms. Parliament Square is a World Heritage Site surrounded, as we know, by important historic buildings such as Westminster Abbey. Its location opposite the Houses of Parliament makes it a focus for protests, and rightly so. This means that we need to balance the competing and legitimate needs of members of the public who come to the area as protestors and of Members of Parliament and others who need to be able to carry out their daily work and enjoy the space as visitors. This extends to the use of amplified noise equipment as much as to encampments.

However, the Government recognise that the use of loudhailers is linked to freedom of expression in a way that erecting a tent is not. The package of reforms accordingly puts lesser restrictions on the use of loudspeakers than on the erection of tents. It does this by putting in place a proportionate authorisation scheme which balances competing rights, so using a loudhailer is a prohibited activity only if it has not been authorised. The authorisation regime set out in Clause 148 applies to a much smaller area than the SOCPA provisions which the Government are repealing. This is in line with the Government’s determination to take an approach based on evidenced problems of the misuse of loudhailers in Parliament Square. The amendments would mean that there would be no regulation whatever on the use of items such as loudhailers and loudspeakers. Not only would this be an abdication of responsibility to deal with the noise nuisance that has plagued Parliament Square for many years, it would also risk causing difficulties where a number of competing protests are taking place.

I will not go into great detail on this. I give way to the noble Lord.

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Moved by

[Lord Rosser]

250: Clause 158, page 104, line 29, after “subsections” insert “(2A),”

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[Lord Rosser]

My Lords, in moving Amendment 250, I shall speak also to Amendment 252. This Bill represents a major change for policing in England and Wales, and the Minister has told us on more than one occasion that the Government are listening.

Concerns have been widely expressed about the impact of the politicisation of the police; the impact of the lack of effective checks and balances on commissioners and the considerable unchallenged powers that they will have; the impact of the relationship between the PCCs and chief constables on the latter’s operational responsibilities; and the impact of the strategic policing requirements and the proposed national crime agency on the new arrangements. There is uncertainty, too, about the impact of the new policing structure on relationships and working arrangements with other bodies, including local authorities. There has been no assessment of the impact of the proposed new arrangements on levels of crime, which have been going down steadily for a number of years. The Government agree that their proposals represent a major change to policy in England and Wales. We should not make such a change without a full inquiry and a report on the impact of the changes by Her Majesty’s Inspectorate of Constabulary, with the report being laid before both Houses of Parliament before a commencement order is made by the Secretary of State under Clause 158(1) in respect of Part 1 of this Bill.

The Government have sought to put Bills through Parliament that have then been delayed because they have been compelled to reassess their stance when the impact of their proposals has become clearer. It has resulted in delays, for example, to the health Bill, the Armed Forces Bill and the Public Bodies Bill, which is why we have to start a week earlier after the summer Recess than the Government previously announced.

[Baroness Anelay of St Johns]

My Lords, I should not wish the noble Lord to mislead the House; I know he has no intention of doing so. As he knows, earlier today I explained that the earlier start was as a result of the Labour Party’s excessive use of 17 days in Committee on one Bill, and the absolute refusal of the opposition Front Bench to divide Bills as normal between Grand Committee and the Chamber. The noble Lord would not wish to mislead the House, and that is the reason—fairly and squarely at the feet of the Opposition—for our coming back a week earlier. There is no doubt about the matter.

[Lord Rosser]

I am sure the noble Baroness would not wish to think that because she and the Government have a view on the cause of the situation, that view is automatically right and everybody else accepts it.

[Baroness Anelay of St Johns]

My Lords, perhaps in that case the noble Lord—or the noble Baroness the Leader of the Opposition, who is now present—will confirm that the Opposition are now willing to make a proper disposition of Bills into Grand Committee, and assist the Government by having a normal disposition. We now have the lowest level of Bills in Grand Committee for the past 10 years.

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[Lord Rosser]

I am sure that if the issue had been caused by what happened over the Parliamentary Voting System and Constituencies Bill, it would not have taken as long as it has for the Government to decide that they needed to come back earlier after the Summer Recess. It is clear that it has happened because of the kind of issues that have been raised over the health Bill, the Armed Forces Bill and the Public Bodies Bill. The Government have been compelled to reassess their stance as the impact of their proposals has become clear.

[Baroness Anelay of St Johns]

My Lords, I really cannot allow the Opposition to mislead the House. The decision was made only after the Opposition refused to come to agreements over the scheduling of business. That is why we have delayed. We could have made this decision a lot earlier had we had a definitive answer from the Opposition. We are clearly now in a difficult position where the noble Lord, Lord Rosser, is trying to gainsay reality. I know Hansard will record his words. I know wherein the facts lie; they are not in his words.

[Lord Rosser]

I appreciate that the noble Baroness is fairly sensitive on this matter because the reasons that she put forward this afternoon are being challenged. I simply repeat: surely the noble Baroness does not believe that when she expresses a view on why the Government have got themselves into a mess, it means that everybody else will accept it. We do not.

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[Baroness Anelay of St Johns]

My Lords, I put on record my gratitude to the noble Baroness the Leader of the Opposition for her intervention. She and I agree on so many matters when it comes to the business of the House. I entirely accord with her views expressed clearly about the value of Grand Committee. I am sure that she is right that it is misunderstood generally around the House, not just by newer Members of this place who work well here but those who have a more established presence. It is a valuable place.

I recall that I agreed very reluctantly for the Extradition Act to be considered in Grand Committee because it was a highly controversial Bill at the time. But it proved that it was worth while. I certainly welcome, late as it is at night—we have had a long day—the measured way in which the Leader of the Opposition has responded and the fact that she has put forward a proposition that the noble Lord, Lord Bassam, the opposition Chief Whip, should enter into further discussions next week about the disposition of Bills into Grand Committee. That is most welcome.

[Lord Rosser]

I shall conclude the comments that I was making. In putting forward these two amendments, I have made points about a number of areas of concern in relation to this Bill that have been expressed in our discussions, particularly in relation to Part 1. We should not be taking risks over changes to policing arrangements. We should be as clear as we can before we start on the impact of what is proposed, and the Government should agree to the independent inquiry and the report on the impact of their proposals that is provided for in these amendments. I beg to move.

[Baroness Doocey]

In view of the lateness of the hour, I will be brief. The purpose of Amendment 251 is to move the implementation of the changes to policing in London from October this year to October next year. The Mayor of London and the Government are keen to introduce the new system from 1 October this year and the Bill would allow that to happen. There are two important reasons why that should be delayed.

First, the Olympic and Paralympic Games will take place between July and September next year. There will also be many preparatory events which require large policing operations. For example, the torch relay will start in May and continue until July. That will be a major security challenge. Police officers will be drafted in from all parts of the country to police the Games. The Olympics will affect every police force in Britain, not just the Metropolitan Police. There is absolute agreement that the Olympics present the biggest security challenge that British police have ever faced in peacetime. They will require a policing operation on an unprecedented scale. The Metropolitan Police have spent years planning for every eventuality. As circumstances develop, these plans will need to be updated and revised to take account of issues as they arise. For any Government to allow the police to divert their efforts from this huge security operation in order to take part in a reorganisation is deeply worrying.

Secondly, the mayoral election in London next May could result in a change of mayor. It is entirely possible that a new policing system could be put in place on 1 October this year, designed to reflect the current mayor’s priorities, only to be dismantled again next year if another party wins the election. It is a real possibility that the police in London could face not one but two major reorganisations in the period leading up to the Olympic Games. Reorganisations are disruptive in any organisation. This one will require the police to change all their reporting structures and to brief a completely new set of stakeholders and board members. This is no easy task, as anyone who has ever been involved with policing will say. It will take huge effort and time on both sides. The reorganisation will be work-intensive, expensive and time-consuming. It should happen only once and at a time when it does not conflict with the planning of the Olympic Games. The police must not get involved in a major reorganisation at this time. They must be free to concentrate their efforts and energies on the greatest security threat this country has ever faced.

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[Baroness Browning]

My Lords, my noble friend Lady Doocey has put forward the assertion that it is not in the interests of the Metropolitan Police Service for the model to be implemented in London before the Olympics due to the potential impact on the operational delivery of policing within London. I have to say to my noble friend—and I know she has heard this also from my right honourable friend the Policing Minister in person on a number of occasions—that not just the Mayor of London but the Commissioner of the Metropolis is also keen for the transition from MPA governance to that of the Mayor's Office for Policing and Crime as soon as possible after Royal Assent is achieved for this Bill.

I appreciate that my noble friend’s concerns that moving to the new system of governance ahead of the Olympics will require the membership of the newly established police and crime panel in London to be brought up to speed on the intricacies of the Olympic operation in London, which the Metropolitan Police will co-ordinate with the support of other forces in England and Wales. However, I would stress that the key decision-makers around this operation within London, the Mayor for London and the Commissioner of the Metropolis, will remain the same if the transfer from one system of governance to the other takes place before May 2012. Of course, we cannot predict the outcome of the mayoral election in May 2012. It may be the case that in May next year the commissioner will be briefing a new mayoral team on the policing arrangements for the Olympics. But that is a possibility that arises whenever we commence the provisions in the Bill. The point is that commencing the provisions before May 2012 would not create any additional disruption.

I am sorry that I cannot say more to my noble friend. I know that she has had several conversations with my right honourable friend in another place about this since she originally raised these concerns. I am obviously very happy to talk to her about it again, but we have double-checked that there is no real concern with the mayor or the commissioner. That is the response sought specifically in relation to the concerns that my noble friend raised previously.

We have already debated at some length the merits of pilots, and it is the Government's view that pilots should not take place, as this would create two models of governance within England and Wales for a police service that on a daily basis interacts and collaborates across force boundaries. We have also made it clear that the Government do not believe it necessary for HMIC to conduct a feasibility study into the coalition Government’s manifesto commitment. HMIC has already provided sound evidence of the need for reform and greater accountability and transparency to be introduced within the policing landscape within England and Wales.

I am grateful to the many noble Lords who have made their views known during the Committee stage of this Bill. I am also grateful for the meetings that I have had with Members across the House on Part 1 of the Bill. I hope to meet as many concerns as possible when we return at Report, but I am unable to accept the amendments before the House tonight, and I invite the noble Lord to withdraw his amendment.

[Lord Rosser]

I thank the Minister for that response, which I have to say was not entirely a surprise. The Minister has said on more than one occasion that the Government are listening. We will await and see what impact that has at Report before considering whether or not to pursue this matter at that stage. In the mean time, I beg leave to withdraw the amendment.

Amendment 250 withdrawn.