Parliament Square (Management) Bill [HL]

Lord Sharkey Excerpts

Friday 1st July 2011 Lords Chamber

[Lord Sharkey]

My Lords, perhaps one of the most striking aspects of the Bill introduced by my noble friend Lord Marlesford is its distinguished ancestry. This House has debated the issues which the Bill addresses many times and at some length. It has even frequently debated these issues since the beginning of the year. Reading those debates from this and previous years leaves me with two strong impressions. The first is of the careful thought and the quality of the advocacy that has gone into these discussions, and here I have particularly in mind the contributions of my noble friends Lord Tyler, Lord Cormack, Lord Wallace of Saltaire and the noble Lord, Lord Desai—who spoke again a moment ago in his usual eloquent fashion. His speech reminded me that I also demonstrated in Grosvenor Square, without staying overnight.

The second strong impression I have is of Groundhog Day. We seem to have found it terribly difficult to put in place satisfactory measures for the proper management of the square, despite a fairly large measure of agreement about what that management should be. It is in this context that I very much welcome the clarity and simplicity of my noble friend’s Bill. It seems that the proper tests for any scheme of management for the square should be, first, that the management scheme makes proportionate and reasonable provision for visitors and workers, including parliamentarians, and for peaceful demonstrations; secondly, that the management regime recognises that the reasonable requirements of these groups should be assessed alongside the requirement to protect and even promote the historic nature of the square and its environs and its architectural and other visual appeals; and, thirdly, that the rules should be simple, unambiguous, short and easy to apply.

It seems obvious that the Serious Organised Crime and Police Act 2005 did not meet these tests, above all in one critical respect. It instituted a management regime that was unreasonable and disproportionate in its treatment of certain peaceful demonstrations. Your Lordships will remember the case of Maya Evans and Milan Rai, who were arrested in 2005 for reading out the names of war dead at the Cenotaph. My noble friend Lord Tyler has rightly described this response as wholly disproportionate. In his Demonstrations in the Vicinity of Parliament (Removal of Authorisation Requirements) Bill, my noble friend proposed a simple repeal of the sections of the 2005 Act that dealt with Parliament Square.

Since then, however, we have had the Police Reform and Social Responsibility Bill presented to us, which contains provisions that would replace the SOCPA provisions for Parliament Square. These new government provisions run to five pages and go into considerable detail. The Government’s Bill starts by proposing, as my noble friend Lord Tyler did, the repeal of the relevant provisions of the Serious Organised Crime and Police Act. On the whole, the Government’s proposed new provisions seem to pass the first test—they seem to make adequate provision for peaceful demonstration and would restore free access to the square to visitors and workers. By ending both the overnight and enduring occupation of the square and its pavements and the erection of temporary shelters, these provisions most definitely take account of the need to protect the historic nature of the square. They most definitely would also restore the visual appeal of the square, after such a long and occasionally rather squalid interlude.

I am doubtful whether the new government provisions altogether pass the third test and whether even the drafter of that Bill could call the text relating to Parliament Square simple, unambiguous and short. More importantly, it seems that these proposed new provisions have another, more general defect—namely, that they have missed the opportunity to be positive about the square and its environs. These new provisions are wholly negative; they all say what cannot be done. Given the importance and historical resonance of the square and the undeniable grandeur and beauty of its immediate environs, I should have liked to see a duty written in to promote the square and its environs and to encourage its general, uncontentious and peaceful use.

As for the Bill before us, it is immediately clear that its provisions are indeed simple, unambiguous, short and easy to apply. Yet I wonder whether in this case the present Bill may be a little too simple, a little too short and, simultaneously, in one sense, a little too complex. The Bill before us does not, as I understand it, repeal the provisions of SOCPA, but it would be highly desirable and easy to add that. Nor does it create a responsibility to promote the use of the square, which is a pity. However, it does seem to add yet another layer of management and yet another committee to an already rich mix of interested and responsible parties. I wonder whether that is really necessary. Finally, the Bill seems to be silent on music. I invite my noble friend to give consideration to these points.

My noble friend Lord Marlesford has done us all a significant service today with this Bill. He has shown us that simplicity and clarity can be achieved and has focused our minds on the need for action to resolve this astonishingly long-running problem. I very much welcome this initiative and encourage the Minister to think carefully about the merits of the construction of the Bill when it comes to consideration of the Government’s own proposals for the management of Parliament Square.