Police, Crime, Sentencing and Courts Bill (Fourth sitting)

Maria Eagle Excerpts

Committee stage
Thursday 20th May 2021 Public Bill Committees

[Sarah Jones]

Thank you. That was really helpful.

[Maria Eagle (Garston and Halewood) (Lab)]

Q I want to ask about the serious violence reduction units and what you think they will be able to do in practice and how they will interact. I do not know what experience you have in Scotland with different arrangements; there may be some. There are existing partnerships and cross-agency collaborations. Do you think that the proposed serious violence reduction units will complement or replace them? What is your experience of this kind of collaborative working and how well it can fit in within existing structures, some of which will overlap?

Will Linden: That is an important question, because they do have to fit in with existing structures. One of the successes we have had in Scotland in delivering on the strategy is because we are connected in. We are connected into policing. We are connected into the Government. We are connected into local government across the country. If you are introducing any new structures alongside that—VRUs; it does not matter what it is—how are they going to connect into local delivery and local services? More importantly, how is it going to connect into local communities?

If we are looking at strategies based on short-term turnaround—for example, we are going to provide x amount of money to provide a reduction in the next year—that is not going to work, because you are looking at how to build the building blocks, within these communities, areas and partnerships, that are going to deliver long-term, sustainable outcomes. That does not mean that the partnerships, in whatever area of the country they are, cannot get reductions just now, but what we want to do is to build upon those short-term wins in order to build long-term, sustainable reductions that are built into the system—that are not additionality.

[Maria Eagle]

Q There are supposed to be pilots of the serious violence reduction units—I think Merseyside, my area, is one of the pilot areas. Do you have any experience of those kinds of pilots in Scotland? If so, what kind of indicators would you expect the Government to be monitoring to assess whether they have been successful before rolling out further?

Will Linden: We do not have any experience in what you are looking to do down in Merseyside or any other areas, but you need to think beyond the traditional route of crime indicators because of the length of time involved.

You can look at trying to reduce the levels of crime and violence, but what we are dealing with just now is a post-pandemic situation. Over the last year, we have seen significant changes to communities’ environments, so you might actually face increasing levels of violence and there might be increasing problems over the next year or two as a result of the consequences of the last year, and post recovery. If you just tie yourselves down to simple crime figures and recorded crime figures, you could be challenged on that. What we will have to do is to look at some of the other figures around things like community wellbeing, trust in the services, trust in policing and education figures, and try to take in a broad spectrum of outcomes, particularly when we are looking at young people.

If our outcome is solely about reducing crime, that can be achieved quite simply with two things. Recorded crime can be reduced by changing the law and stopping recording it; that is easy. But if you want to reduce the harm that violence causes our communities, you have to look at all the various measurements that measure harm. Some of those are simple, like the crime surveys. Others are much more complex, in terms of mental health or wellbeing. I would look to try to include as wide a sweep as possible, to try to get an understanding of its wider impacts, not just the simple ones.

[Maria Eagle]

Q Thank you. Let me welcome Iryna back. I hope she can hear us. We can now see that she is moving, so hopefully she can hear us.

Iryna, I am asking about the serious violence reduction units and how they are going to fit into other arrangements that are already there. From the perspective of the Children’s Society, do you have anything to say about how the new multi-agency collaborations are going to work alongside violence reduction units and existing structures that are supposed to promote collaboration between agencies?

Iryna Pona: First, apologies for being disconnected. There were some technical difficulties.

The violence reduction unit is obviously quite new, and they also work in very different areas. With the new duty to focus on serious violence, I think it is very important that in the way it works, it should be complementary and joined up with the work of the violence reduction unit. It is also important to understand that areas where there are violence reduction units receive additional funding to undertake violence reduction activity locally, but that is not available across the country. It is really important that the new duty is supported with appropriate resources and delivered locally.

The Children’s Services Funding Alliance, which the Children’s Society is part of, looked at the funding from 2010-11 to 2018-19 on early intervention and late intervention services. It showed that the funding for early intervention services reduced by 46% during that time, while the funding for late intervention services increased by 29%. That shows that there is not enough early intervention available. It is important that where there is activity that focuses specifically on diverting young persons from being involved in violence or violence-related activity, it comes together with funding to address the underlying causes of why young people may be in a situation where they may be exploited in a particular way or drawn into certain groups and activities.

It is really important to understand that local picture. In that respect, it is really important that violence reduction units and local safeguarding partnerships work together to understand those underlying causes and try to develop a strategy that will comprehensively address those local issues.

[The Chair]

Sorry about this noisy room, colleagues. It is an extraordinarily noisy room.

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[Mr Goodwill]

Thank you very much indeed for those clear and concise answers.

[Maria Eagle]

Q May I ask about secure 16-19 academies: the new initiative, delayed for various reasons, to try to break that link between being in custody and educational achievement ending up very low? Do they offer a way forward not managed by other provision? Do they provide a fundamentally different model from the current youth custodial provision?

Hazel Williamson: We are obviously supportive of anything that improves youth custody. We know that outcomes for children who end up in youth custody are poor and have been for some considerable time. The recent inspection reports will detail that we do not yet have the significant improvements we need in youth custody.

As an association of YOT managers, we believe that children in custody—custody should be a last resort—should be placed in small, secure units close to their homes. We do not advocate large custodial establishments where children are placed far away from their home; we would advocate small custodial units. As for the academy trust, it remains to be seen what the detail is around the secure school and how children will manage as part of the routine within that environment.

[Maria Eagle]

Q Thank you. You do not sound entirely convinced that it will be a great initiative, but no doubt the proof of the pudding will be in the eating when we see these things established and starting to work. Do you have any views on the changes proposed to youth rehabilitation orders?

Hazel Williamson: If we look at the proposal for an extended intensive supervision and surveillance programme, it did not have great results when it was previously piloted, and it was not piloted on a scale to allow an effective evaluation. We as YOT managers are not convinced that the extended ISS is the way to go. We are absolutely committed to ensuring that custody is the last resort for children and young people.

The other proposal in the Bill that we as an association have been discussing is around intensive fostering. Staffordshire youth offending team—my service—was part of one of the pilots. That scheme was extremely expensive and did not necessarily get the expected results for those children and young people. So while we absolutely support robust alternatives to custody, I think we need to be consulting with our youth offending teams to try to examine what we think will work with the cohort of children we are dealing with.

[Maria Eagle]

Q Finally from me, do the changes in the Bill on custody for children and options for children make enough good provision to distinguish between the needs of boys and the needs of girls in the system?

Hazel Williamson: There has always been a disparity for our girls in the system. I am concerned overall that the numbers of children going into custody will increase with some proposed mandatory sentencing, and I am concerned that it will impact in particular on our girls and our black and minority ethnic children—particularly our black and mixed heritage boys. I am also concerned that it may impact on our children who are looked after. There are some particular groups in the youth justice system who I believe will be adversely affected by some of the recommendations in the Bill.

[Sarah Champion]

Q Thank you ever so much for this, Hazel. I have been around one of these secure children’s homes—it was a mixed-sex one—and I found it absolutely terrifying. I have visited places such as Strangeways that were nowhere near as horrifying as I found the secure unit. You said that you would rather they were small and located close to the child’s home. Can you define “small”? How many children? What would be the maximum?

Hazel Williamson: I am not going to put a figure on it, but we know that we get better outcomes for children and young people who are placed in secure children’s homes that are generally run by people who are social work and social care-trained, and that provides a much more nurturing environment. It is a children’s home with security rather than a custodial environment overseen by prison rules.

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[Mr Goodwill]

Thank you.

[Maria Eagle]

Q I think the Law Society does have some concerns about some aspects of the Bill. Would you like to set out to us the main areas of concern that the Law Society has?

Ellie Cumbo: Certainly. The heading for all of our concerns is access to justice and the impact, or potential impact, of some of the provisions on access to justice. Now, in some of those areas, it is more that we have a question and we would like to see more detail about how this will look in practice—the open justice provisions would be in that category—but there are two particular areas where our concerns are already sufficient to put us in a position where we do not support what the Bill currently proposes. Those are in relation to video juries and the pre-charge bail provisions.

[Maria Eagle]

Q The Bill, if it is enacted, would increase the initial bail period to three months, with extensions to six months, nine months and then beyond nine months. Would you set out what your precise concerns about that are?

Ellie Cumbo: I should say at the outset that we support the aim of those provisions, first to give clarity, and secondly to give the police a realistic opportunity to conduct investigations in hopes of preventing such measures as we have seen in recent years: the over-reliance on release under investigation, which the Committee may be aware that the Law Society has raised significant concerns about. At the moment, the risk is that a great many people—we do not know how many, and that is part of the problem—who are suspected of a crime but have not yet been charged with one are living in limbo for truly unacceptable lengths of time, as are all other potential parties to the case, including the complainants and potential witnesses. We understand that if the police have a little bit more time in which to put somebody on bail, that might reduce the need for them to feel that release under investigation is their only option.

However, at the other end of the scale, we do not want to return to the situation prior to 2017, where suspects could be on bail for indeterminate lengths of time. That too is a situation that places an unacceptable strain not only on defendants, as they are at that point, but on the other parties to the case, including complainants —potential victims. Our preference was for a middle way, so when this was consulted on in 2017, our preference was for an initial period of two months, followed by extensions up to four and up to six. That was what we felt was the appropriate middle ground. We feel that the potential to go to nine months before a court gets anywhere near the matter is excessive, but we do support the aim. We obviously want there to be greater certainty for all concerned.

I should just say, in closing, that ultimately what we really want, which I hope we could all agree on, is fewer delays, and investigations that conclude in a timely fashion. In our view, that is better achieved by greater investment of resources in the criminal justice system, rather than by what I might call a little bit of tinkering around bail time limits.

[Maria Eagle]

Q Are there difficulties for solicitors and lawyers who seek to assist those accused who might be on bail or release under investigation for long periods? Are problems caused by the delay, in terms of getting proper access to legal advice for those people who are on bail for an extended period of time, perhaps a long time before they are charged, or due in court having been charged? We are seeing extensions in those timescales caused in part by the impact of the coronavirus pandemic and in part by delays that were in the system beforehand. Does the Law Society have concerns about access to legal advice that are made worse by these delays because of long time periods on bail or release under investigation?

Ellie Cumbo: The first thing to say is that of course that uncertainty, that living in limbo that I referred to previously, affects solicitors and legal practitioners, too. Ultimately, though, I think what my members would say is that it is their entire duty to act in the interests of their client, so it is the impact on their clients that they are quick to raise with us, and the potential injustice not only for, as I say, suspects and potential defendants, but all other parties to the case.

It is probably worth also developing the issue of what this might mean for access to legal advice. The longer a case is put off, the greater the risk of disengagement by the suspect or defendant and by all others. Memories fade. Justice outcomes are potentially damaged by the time that there actually is a hearing, and that is not good for anybody.

[Maria Eagle]

Q Thank you. You also raised concerns about remote hearings and clause 166. What concerns do you have about that?

Ellie Cumbo: I should say that we are in a middling position—again—on those provisions. We have not taken a stance against the provisions. Solicitors have adapted very well to remote hearings over the last year and a half, and they have been seen to have very great advantages, particularly in relation to administrative or interlocutory hearings where only the legal representatives are present. That has enhanced everyone’s convenience and the efficiency of proceedings in a very clear way, and our members are very clear about that.

However, we do have concerns about the fact that this is a very new development. It is foetal in terms of lifespan in the broader justice system. We would not be the first to raise concerns about the ability of vulnerable parties to participate in an effective way. In a survey that we recently conducted with our members, only 16% of them told us that they felt that vulnerable parties were able to participate effectively in remote hearings. We understand that the judiciary have taken notice of that. Guidance is available, in different jurisdictions, about the cases in which remote hearings are thought to be suitable. But it is still a developing agenda, and we are concerned that things should not move forward too quickly, because it is a substantive change and of course—as with so much in the criminal justice system—we know very little about the potential impact on justice outcomes and whether it is in fact in any way a risk to the right to a fair trial to conduct certain types of hearing in a remote way.

[Maria Eagle]

Q Thank you. When I was the Minister for disabled people—a long time ago now—I led on recognising British Sign Language as a language. The Bill amends the 13th person rule by allowing a BSL interpreter into the jury room, with the aim of enabling deaf jurors to participate. Do you welcome that? If you do have concerns about it, what are they?

Ellie Cumbo: We certainly welcome it, yes. Many people might be surprised that it is not already the case that a British Sign Language interpreter can be present in those circumstances. Obviously, that is a reflection of the fact that the whole system takes the importance of an independent jury very seriously—it is perhaps the most important safeguard we have for the fundamental rights of those who are charged with criminal offences. That is probably why it has taken the length of time it has to get here.

Our view is that, given where the public consensus can be judged to be and the fact that BSL interpreters participate in other types of confidential proceedings, we do not think that at this point it would be sustainable not to move forward with these provisions. Obviously, we are pleased to see that the Government are taking seriously the risk that the jury might in some way be influenced unduly by the presence of a 13th person, but as long as those safeguards are in place, we are entirely supportive of those provisions.

[Sarah Champion]

Q Chair, I apologise for running late.

Ellie, I am reeling from something that our Front-Bench spokesperson said in the last session. In chapter 3, on the extraction of information from electronic devices, in clause 36(10), the Government redefine an adult away from the definition in the convention on the rights of a child, which defines a child as a human under the age of 18, to

“ ‘adult’ means a person aged 16 or over”.

Could you comment on that extraordinary change?

Ellie Cumbo: I have not had the benefit of hearing that, so I think it would be unwise and unhelpful for me to do so. Could I come back to you on that?

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[The Chair]

Dr Janes, you wanted to say something a moment ago and put your hand up.

Dr Janes: I would just add, on this point, that the really important aspect of sentencing is judicial discretion. That is essential if you want to really make sure we do not make women, children and disabled people—people from all sorts of backgrounds—suffer unduly. There is a real shift away from judicial discretion in this Bill.

Nina Champion: Some of the provisions will disproportionately impact women, and also black, Asian and minority ethnic women. For example, on the clause relating to assault on emergency workers, the equality impact assessment acknowledges that for that type of assault, which can often happen, for example, after a stop and search, it is more likely that women will be caught up by extending the maximum sentence in that provision. Of course, we want to protect our frontline workers, but these sentences have already been increased, even in 2018, and the deterrent effect just is not there. The proof is not there that it has any impact on protecting our frontline workers. What it does is catch more people up in the criminal justice system.

The other proposal relating to mandatory minimum sentences, particularly for issues around drug trafficking, will also capture more women and black, Asian and minority ethnic women. As Laura said, it removes judicial discretion to look at the individual circumstances of the case. We know that many women may have been coerced or exploited in drug trafficking cases. As Kate said, they are victims themselves. Introducing minimum sentences removes the opportunity for the judge to look at the individual circumstances of the case.

[Maria Eagle]

Q I want to press a little further on the impact on women in prison and on whether this Bill will help or make things more difficult. As my hon. Friend the Member for Rotherham said, many of the women who end up in prison are there on short sentences for less serious and non-violent offences, and quite often they are victims themselves. To what extent to do the sentencing provisions in the Bill recognise the difference in offending in respect of women, who are a small proportion of the overall prison population? Do you believe they have been forgotten in this policy development process?

Dr Paradine: Yes, absolutely. This is a Bill that does not recognise the nuances of individual cases, including those relating to women. We know that hard cases make bad law, and many of the provisions are an example of that. We absolutely think that the needs of women have been overlooked.

We know that sentence inflation has knock-on effects throughout the system. There are many unintended consequences to, for example, focusing on the enforcement of community orders and including more and more enforcement measures without addressing the real issue, which is about support to ensure that those who have community sentences can complete them with the support that they need. From our point of view, many of these measures are not looking at individual cases and enabling the discretion on the ground that is needed to make sure we meet each case as we find it. We know that the women’s prison population can be radically reduced, but not with some of these measures, which do not take into account the unintended consequences—particularly the impact on women who are primary carers and the best interests of their children.

Nina Champion: I just wanted to add a point about the lack of overall consultation with this Bill and these provisions. Because it was brought in as a White Paper, rather than a Green Paper, there has been no public official consultation. Groups that will be disproportionately impacted by these measures have not had the opportunity to be heard, including organisations and individuals representing those from black, Asian and minority ethnic communities, women, or young adults. We really need to have much greater consultation before these measures are brought in to ensure that there are not the adverse impacts that Kate was talking about.

[Maria Eagle]

Q In your experience, does it happen that women end up getting sentenced, usually for short terms of imprisonment, because they have either breached community orders or have committed repeat petty offences, such that magistrates end up feeling like there is not really any alternative to a custodial sentence? And to what extent do you believe that a broader range of more appropriate community sentences, for example, might be an answer to this situation, rather than imprisonment?

Dr Paradine: Yes, absolutely. The problem-solving courts pilot is one small green shoot of hope in this Bill, in that those sorts of measures, which will enable court and multi-agency support across the system locally to tackle the root causes of what brings people into the system, are really the answer here. We would like to see much more focus on those innovative solutions, restorative justice and out-of-court disposals, of course, which are a really untapped resource in terms of what could turn our system around.

We are concerned not only about the lack of consultation with all sorts of groups representing the interests of those affected by this system but with professionals working within it. We know that there is real progress with out-of-court disposals and the use of simple cautions, conditional cautions and all those provisions available to the police, and we think that those measures must be looked at really, really closely, to make sure that the unintended consequence is not to undermine progress that is already being made in doing exactly what you say needs to be done, which is to focus on a wide range of community solutions that enable us to tailor sentences and responses to individual cases, and actually turn these situations around rather than driving people into a system—indeed, a revolving door—that they find it difficult to escape from.

[Maria Eagle]

I think that the Howard League wanted to come in there, if I can see properly.

Dr Janes: Thank you very much; I just want to make a brief point. I completely agree with what Kate just said, but I will add to it that the Howard League is concerned about this increased use of electronic monitoring, and particularly, as was raised earlier, the lack of scrutiny of it by the courts. There is a real concern that, instead of it being an alternative to custody, it can become a gateway to custody, and a real concern that that could disproportionately affect women. I just wanted to add that.

[The Chair]

Dr Bild wants to come in on this and then Nina Champion. Dr Bild.

Dr Bild: Sometimes there is a disconnect between what Parliament does with legislation and what happens in practice. Lots of relatively innovative and problem-solving options have been available, in theory, for a number of years. You can attach treatment orders—alcohol treatment orders, mental health orders or drug orders—to community orders and suspended sentence orders, but in practice it happens very, very rarely. Only a tiny proportion of community orders and suspended sentence orders will have what might be a rehabilitative order attached to them.

Part of this is a commitment to resourcing, as well. There does not need to be huge legislative change; this stuff is already on the statute book and it is already, in theory, available to sentencers. Anecdotally, sentencers are reluctant to impose an order that they are not entirely sure is available, and the defendant will not be able to benefit, through no fault of their own.

It is not necessarily only about finding new ideas, although new ideas are very welcome; it is also about properly resourcing, and showing some commitment to, what is already on the statute book.

Nina Champion: I just wanted to add that there are a couple of missed opportunities, in terms of a presumption against short sentences—there was a real missed opportunity here to divert people from custody—and to look at adult remand as well as child remand, as adult remand disproportionately affects women.

Also, just picking up on Kate’s point about restorative justice, the White Paper made some positive noises about the benefits of restorative justice, both for victims—in terms of coping and recovery—and for reducing reoffending, particularly for violent offences. However, the Bill does nothing to ensure that there will be more access to restorative justice. For example, the national action plan for restorative justice expired in March 2018 and has not yet been renewed. Those are the sorts of measures that really will make a difference for victims and reduce reoffending.

[Maria Eagle]

Q Finally, the Government do have a policy about diverting women from prison. They have a concordat. They have policy development ongoing that seeks to do that. Do you believe that that policy intent, which has often been referred to by Ministers—there is documentation out there about it—is reflected in the Bill, and that the policy intent of trying to divert women from prison can be translated through the measures in the Bill, as well as existing provision, into concrete change that will divert women from prison?

Dr Paradine: I am sorry to say that, no, we do not think that the current Bill does that. There are all sorts of ways in which the intent to reduce the number of women in prison radically and to divert women, and others, from the system is not played out in its provisions. For all the reasons that have been covered by the various members of the panel, it does not do that. Sadly, unless the Bill’s direction of travel is redirected towards rehabilitation and communities rather than prison and creating harsher sentences, any progress that has been made will unravel really quickly. The 500 prison places will sadly be the focus, rather than our hope that we could really transform the system in the way that it affects women, families and communities, and beyond that men and young people also.

There needs to be a really strong rethink of what the Bill is trying to do, and a focus on the real problem, which is community support services and the ways that we tackle the root causes of offending. There is very little in the Bill that convinces us that that is the focus, so we need a really strong rethink to focus on communities and not on prison. We know that victims want sentences that work. They do not want to see harsh sentences that do not work. Their interest is in stopping crime and reducing reoffending. Sadly, we do not think that the Bill as it stands achieves that ultimate aim.

[Alex Cunningham]

Q I will be very brief because my colleague has also asked some questions. Jonathan, do you have concerns about clause 108 and the power to refer high-risk offenders to the Parole Board in place of automatic release?

Dr Bild: Yes I do. Of all the clauses, that is the one that I have the most concern about. I saw some of the discussion on Tuesday with Jonathan Hall, QC in relation to terrorism, but this is broader than terrorism, of course. It takes in a large number of offences that are violent, and certain sexual offences.

The problem I think it creates is twofold. First, there is an issue with the power being given to the Secretary of State. As I say, I saw the debate on Tuesday. I think it engages slightly different considerations than the changes that took place last year in relation to terrorism did. On this occasion, we are talking about the Secretary of State intervening on the sentence of an individual prisoner, which engages a slightly different debate to the Secretary of State changing the arrangements for everyone convicted of a certain offence. I would draw an analogy to the Home Secretary’s old role to set the tariff for life-sentence prisoners. That power spent about 20 years in litigation before the Home Secretary lost it. It is slightly different, but there is an analogy, I think, and I am not sure that it is an appropriate power for the Secretary of State to have.

There is also a real concern that the most dangerous people will come out with no supervision, no licence conditions and no support. In some respects, the more dangerous you are, the less you will be managed in the community. In terms of managing that—

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[Lee Anderson (Ashfield) (Con)]

Q My phone has been pinging all day. We have an unauthorised Traveller camp just set up in the constituency of Ashfield. With that comes lots of problems. We know from experience that there will be an increase in crime locally tonight. We will see sheds getting broke into. We will see a little bit of intimidating behaviour in the local neighbourhood. Probably, pub landlords will have a tough time as well. There will be some fly-tipping. The list goes on and on. It is a big problem, not just in Ashfield, but all over the country. The Bill sort of addresses that and it is great news for my residents.

I surveyed 1,000 people in my constituency earlier this year. I will run through a couple of the questions I asked. The first question was: do you think the Travelling community respect the rights of the local community when they set up camp in your area? Only 4% said yes. I asked: do you think the Home Secretary is right when she said that we need to give our police tougher measures to stop unauthorised camps? Only 3% said no. I am not going to run through all the questions, but the last one I will give you is this: do you think crime rises in the area when an illegal camp is set up? Some 92% of my residents said yes.

The Bill is great news, because what it will do is see a decrease in crime the four or five times a year when unauthorised camps are set up in my community. I would like to ask the witnesses whether they agree with me that crime will reduce in places such as Ashfield because of the new measures in the Bill to stop unauthorised camps. It is a yes or no answer.

Professor Clark: Well, I am speaking to you as someone who has been employed as a professor and a researcher for more than 25 years.

I suppose we need to begin with querying the methodology of the survey that was just mentioned and how robust that kind of response and the data are. In terms of a yes or no answer, the answer in a sense would be this. What is in place to ensure that we address the ripple effect of the issues and consequences of the lack of provision of Traveller sites at least since the Caravan Sites Act 1968 and up to the Criminal Justice and Public Order Act 1994? The concern is that if people have nowhere to go, if there are no legal sites in the area, these encampments will not go away, so unfortunately this new legislation, which I think is going to be just about as unpopular as the Dangerous Dogs Act 1991, and we all remember how unpopular that was, will do nothing to solve this issue.

What needs to be in place is a national site strategy that to some extent addresses the wide-ranging social policy issues that arise when there are unauthorised camps, as they were referred to there; roadside sites is another way of talking about it, in terms of the terminology. The Government need to work with the organisations that represent the communities to plan an effective road map—quite literally—of UK sites and accommodation. I just do not see this legislation helping that by any means at all.

We are witnessing right now what is going on in Bristol —the really draconian eviction that is going on in Bristol. We are witnessing what has happened at the Wickham horse fair. This goes back many, many generations, and I think there has been an overreaction at the Wickham horse fair today as well. A really serious rethink is needed. I would hope that time and energy were spent addressing the shortfall issues with accommodation and the consequent social policy issues that arise, rather than trying to use a sledgehammer to crack a walnut. It is a minority within a minority of the population. Bear in mind that 75% to 80% of the Gypsy and Traveller population in the United Kingdom are in bricks-and-mortar housing; this is a small percentage.

I absolutely sympathise with the speaker who mentioned the issues in the local area. What needs to be done is to address that issue in a more comprehensive, national strategy. That, not criminalising populations, is the answer.

Oliver Feeley-Sprague: I agree with a lot of what Colin said. The specific issue around Traveller legislation is not something that we prioritised in great detail in our submission on the Bill, but as a representative of Amnesty International I would say that Travelling communities, not just in the UK but widely across continental Europe, are among the most discriminated against and victimised of any minority group in existence. That is even reflected in things like the Lammy report on racial discrimination in the UK. You do not address the problem by criminalising an entire way of life, which is one of the potential outcomes of the measures in the Bill, especially when you are talking about groups that already have protected characteristics under other relevant law.

I point out that the list of things that anecdotally were reported as part of the survey are already criminal acts. There are already powers in place to prevent, detect and stop those things and to prosecute the offenders. A common feature of some of the measures in the Bill, in our view, around the necessity and proportionality test, is that many of the things that are addressed are already criminal, or can be made criminal in the right circumstances. Those measures are neither necessary nor proportionate.

Gracie Bradley: I would echo a lot of what Colin and Olly said. The real issue here is the chronic national shortage of site provision. Instead of criminalisation, what we want to see is local authorities and Government working together to improve site provision.

It is really important to recognise that we are talking about one of the most marginalised communities in the UK at the moment. These measures are a disproportionate and probably unlawful interference in Gypsy, Roma and Travellers’ nomadic way of life. Article 8 of the European convention on human rights protects people’s right to private and family life and their home. The Court of Appeal has set out that this community has an enshrined freedom to move from one place to another, and the state has a positive obligation to protect Gypsy, Roma and Traveller communities’ traditional way of life. The new seizure powers in respect of vehicles in particular are very likely to mean that people end up facing homelessness.

As we have already discussed, some elements of these proposals are very subjective and invite stereotypes and profiling. The majority of police forces do not want greater powers. Research from Friends, Families and Travellers has shown that when police were consulted in 2018, 84% of the responses said that they did not support the criminalisation of unauthorised encampments, and 75% of responses said that their current powers were sufficient and/or proportionate. The issue is the chronic national shortage of site provision, and that should be the priority of Government and local authorities.

[Maria Eagle]

Q Thank you to our panel for turning up early. I want to give you an opportunity to tell us anything you like about your views on the powers for policing protests in the Bill. Are they necessary? What impact will their use have if the provisions are enacted?

[The Chair]

We will go in reverse order. Gracie first, then Oliver and Colin.

Gracie Bradley: Thanks. I would like to set the Bill in its wider context. What we are seeing is a shrinking space for people to speak up and hold power to account, the Human Rights Act potentially being watered down, and attacks on judicial review. Now we see this policing Bill that inevitably poses an existential threat to our right to protest. These aspects of the Bill are so significant and so serious that they cannot be mitigated by procedural amendments.

The right to protest is the cornerstone of a healthy democracy and it is protected by articles 10 and 11 of the European convention on human rights. I recognise that it is not an absolute right, but the state has a duty to protect that right and has a positive obligation to facilitate it. We must not forget that protest is an essential social good. For people who do not have access to the courts or the media and so on, it might be the only way they have to make their voices heard.

In Liberty’s view, we have not seen a compelling case in favour of expanding existing powers in respect of protests. The existing powers are already broad and difficult to challenge, and they are weighted heavily in favour of the authorities. I know that there is some analysis to suggest that the protest provisions in the Bill are a direct response to Extinction Rebellion and Black Lives Matter. I just remind the Committee that during the judicial review of the Met’s decision to ban Extinction Rebellion protests in 2019, the commissioner conceded that there were sufficient powers in the Public Order Act to deal with protests that were attempting to stretch policing to its limits. We are incredibly concerned by the existential threat to protest that the policing provisions in the Bill propose. We invite the Committee to say that they should not stand part of the Bill. I will leave it there for now because I am sure others have more to say.

Oliver Feeley-Sprague: Again, I agree wholeheartedly with what Gracie has said. Amnesty is part of a number of civil society organisations and academics who think that part 3, on protests, in its entirety should be removed from the Bill. It is neither proportionate nor necessary.

I have been working on policing issues for the best part of 25 years and I have never seen a roll-back of policing rights in all of that time. Often I think what is missing from these discussions is recognition that it is not necessarily about a lack of policing power. It is a tactical and operational decision made by commanders at the time to maintain and uphold public order, and they already have a variety of powers and laws. You have only to look at the College of Policing’s authorised professional practice on public order to see the enormous list of powers police have at their disposal.

From an international perspective—you would expect me to say this as someone from an international human rights organisation—these are international legal obligations under article 21 of the international covenant on civil and political rights. Interestingly, the Human Rights Committee issued a general commentary on this issue last year. It is quite normal in international legal circles for authoritative bodies to introduce guides and interpretation statements about how these things are supposed to be implemented. Importantly, the commentary on the right to peaceful protest issued by the Human Rights Committee last September said that states parties should avoid using

“overbroad restrictions on the right of peaceful assembly.”

It stated that peaceful assembly can be

“inherently or deliberately disruptive and require a significant degree of toleration.”

Lowering the thresholds and introducing vague terminology such as “noise”, “annoyance” and “unease” are the clear definition of overly broad restrictions on the right to peaceful protest. It puts the UK out of step with its international obligations.

That is also important in the foreign policy setting, because Britain—the UK—goes out of its way to say that it wants to be a champion of human rights around the world, especially on issues of civic space and freedom of assembly. It was a feature of the integrated review and it featured in the UK’s response to the G7 communiqué. It is awfully difficult for the UK to champion these issues on the world stage when domestically it is rolling them back. If any other regime in any other context were to introduce powers of the kind introduced in the UK by this Bill, the UK Government would be the first to criticise. It gives those regimes an easy excuse or get-out clause. They can point the finger and say, “Well, the UK is as guilty as all of us. The UK has no credibility to lead on these issues on the world stage.” That discussion is missing a bit from this Bill.

Professor Clark: There is little I can add to what has been said, but I will do my best.

The words that Olly quoted—“noise”, “annoyance” and “unease”—are replicated in other parts of the Bill, where there is talk of “disruption”, “damage” and “distress” of a significant nature. What strikes me is the imprecise language and terminology of the Bill, and the potential that it would introduce for discretion, the operation of prejudice and bad governance, in a sense. It leads to some fundamental questions about what kind of democracy we want to live in. Do we want to live in a democracy that protects human rights, protects peaceful assembly and guarantees both formal and substantive citizenship rights?

I am of an age where I remember being outside where you are right now back in 1993, peacefully assembling to protest the introduction of the Criminal Justice and Public Order Act 1994 for the same reasons that we are here today. There is a real sense of déjà vu about this in terms of the rights to protest and to peaceful assembly. Then, of course, it was raves and the succession of repetitive beats, as the Act made it known. It was a section of the Criminal Justice and Public Order Act 1994 that effectively ripped up the obligation of the state and local authorities to provide Gypsy sites within local authority areas. There is a real sense that we have not made much progress here at all.

Again, I concur with what Gracie and Olly said. I hope this is taken on board.