Crime and Policing Bill

Max Wilkinson Excerpts

Tuesday 14th April 2026 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

[Max Wilkinson (Cheltenham) (LD)]

As the Liberal Democrats made clear at earlier stages, there are parts of the Bill that we can support and parts that we strongly oppose. We welcome a number of the new measures brought forward today. None the less, it is a pity that the Government have overlooked opportunities to take action in some crucial areas, from cracking down on rural crime to supporting a real return to proper neighbourhood policing.

In addition, we are deeply disturbed by the use of the Bill to further erode the protest rights of British people. These are hard-won freedoms that were won by the suffragettes, trade unionists and others over many years, but the previous Government and this one are recklessly taking them away for short-term political expedience, so we strongly oppose those measures. That is happening not just because of the measures in the Bill before us today; it is happening regularly under this Government. We must all consider that at some length in this House.

However, I am pleased that the House will today consider two amendments tabled by Liberal Democrats in the other place. Amendment 2 will ensure that private companies are not incentivised to issue as many fixed penalty notices as possible, so more serious antisocial behaviour is prioritised instead. The Government’s amendment in lieu does not go far enough. It substitutes the clear ban on fining for profit with non- statutory guidance. We must remove this perverse incentive with a ban, not guidance that will inevitably be open to challenge.

Amendment 342, another Liberal Democrat amendment tabled in the other place, will change how youth diversion orders are issued, ensuring courts are given a full account of any alternative interventions that have been tried or considered, why those interventions failed and what consultation took place with the child, as well as relevant agencies. Multi-agency input will help courts better understand why other interventions have failed, leading to higher success rates and time efficiency. Crucially, this amendment will mean better outcomes for young people who would otherwise become embroiled in terrorist activity. We call on Members from across the House to support these measures.

The Liberal Democrats are also supporting several other amendments. We support Government amendments 1 and 4 regarding respect orders, which were concessions secured by our Liberal Democrat colleague Lord Clement-Jones. Respect orders will grant police extended powers to tackle antisocial behaviour, with police chiefs given the power to issue orders without oversight. Lords amendments 1 and 4 require the Secretary of State to make appropriate consultations before issuing or revising those orders.

We are backing several further measures that take action on violence against women and girls. We support Lords amendment 294, a concession thanks to the work of our Liberal Democrat colleague Baroness Brinton, which would replace the power to issue stalking guidance by the Secretary of State with a duty to do so. That follows similar provisions in the Domestic Abuse Act 2021, which places a duty on the Secretary of State to issue guidance.

[Richard Foord (Honiton and Sidmouth) (LD)]

There was a discussion earlier about the register of non-consensual intimate images, which is set out in Lords amendment 259. I want to share with the House the experience of one of my constituents, who was subject to the creation of a non-consensual abuse image by her husband while unconscious, having been the victim of spiking. Zoe Watts has chosen very bravely to speak with the media to help to secure legal change and public education, and she points out that there is a disturbing rise in pornography that depicts sex with somebody who is sleeping. Does my hon. Friend share my view that the depiction of non-consensual intimacy in sleep can encourage spiking and sexual abuse and should be banned?

[Max Wilkinson]

Zoe’s case goes to show that we need to go so much further to protect women, and the depiction of that kind of activity clearly might provoke unintended consequences that none of us in this House want to see. Spiking remains a big problem on high streets and in pubs and bars up and down this country.

With a view to strengthening online protections, we will support Lords amendments 258 and 259, relating to the non-consensual generation and sharing of intimate images. It is crucial that the law catches up to the reality of abuse being faced by women like Zoe every day. We will support Lords amendment 301 to extend the Crime and Disorder Act 1998 to include protections against hostility motivated by a range of characteristics, including sex and disability. The Liberal Democrats will support Conservative Lords amendment 15, which would increase the maximum penalty for possession of a weapon with intent to use unlawful violence against another person to 10 years, in line with the recommendations from Jonathan Hall KC.

To effectively tackle criminal gangs, we must ensure that the legal system can effectively cut off their revenue sources. The current closure notice periods for shops selling counterfeit goods are too short, and criminal gangs are too often able to survive the economic hit, impacting the prosperity of our high streets. That is why we support Lords amendment 333, which would extent the period in which the police and the magistrates courts may make closure notices to seven days and closure orders to 12 months.

We are supportive of the suggestion in Lords amendment 311, proposed by Cross-Bench peers, that an alternative is needed to proscription. That has been made particularly clear by what has happened with Palestine Action. However, we are cautious about voting for such a change while the outcomes of the independent review of public order and hate crime legislation are not yet known.

Finally, Liberal Democrats are vehemently opposed to the Government’s Lords amendment to give the police unprecedented powers to further restrict the right to protest. That follows a pattern started by the previous Conservative Government, who hacked away again and again at the historical right to protest enjoyed by British people. It is an absolute travesty that that has carried on under Labour. The right to protest is a vital component of our democracy, and Liberal Democrats will fight to defend it.

I urge Members on all sides of the House to put aside their personal feelings about certain ongoing protests and seriously consider what the consequences of this change would mean for our right to challenge those who exercise power over us. Members on the Government Benches might be content with that approach while they are in charge, but Labour MPs must ask what might happen under a future Government who might not adhere to liberal democratic principles.

[Apsana Begum (Poplar and Limehouse) (Lab)]

The right to protest is a basic democratic freedom that was won over centuries of British history. It is not a right that was granted, but one that was hard-won by suffragettes, trade unionists, anti-fascists and many others. Today we are focusing only on the Lords amendments, but I place on record that this Bill is a serious and substantial assault on our democratic freedoms. Indeed, before the Bill was introduced to this House, the Policing and Crime Act 2017, the Public Order Act 2023, and many other anti-protest Bills passed under the last Government had already expanded police powers. Those Bills were widely criticised by legal experts and civil society organisations and faced widespread opposition from Members from across the House. This makes the shambolic process by which these proposals have been brought before the House even more disturbing.

The Bill proposes giving the police even more powers, including to decide where, when, and even whether a protest takes place. At this very late stage, the other place has now proposed amendment 312, which could lead to protests being not just restricted, but banned outright. That should alarm anyone who cares about democracy, because it should not need pointing out that the whole point of protests is that they are supposed to have a cumulative impact. Should the suffragettes or the Chartists have given up after just one attempt? The UN’s special rapporteur on the rights to freedom of peaceful assembly and of association has recently outlined how far out of step this extraordinary expansion of state power is with international norms.

This Bill and Lords amendment 312 exist in the context of one of the largest and most sustained protest movements in modern British political history. The Home Secretary has not obscured the fact that these proposals are a direct response to the demonstrations for Palestine. Indeed, I have been proud to protest alongside hundreds and thousands of constituents in over 30 major national demonstrations demanding an end to the genocide in Gaza—collective actions to stand up for humanity in the face of the gravest acts of inhumanity. In this context, it is absurd that under these proposals, holding repeated protests could justify far-reaching restrictions and even outright bans.

Where does this lead? Trade unions are asking whether picketing during an industrial dispute would make them vulnerable to heavy-handed interventions. I understand that the Government are supporting Lords amendment 312; I oppose it entirely, and will instead be supporting a motion in the name of my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) to disagree with amendment 312. This assault on the right to protest could lead us down an extremely worrying path, where Governments can become totalitarian and are able to silence whomever they choose.

British democracy has been defined by dissent, and social progression has been achieved by diverse groups mobilising for women’s rights, for LGBTQ+ equality, for workers’ rights, and for solidarity across those causes. I reiterate my opposition to clauses 156 and 158, which deal with wearing or using items to conceal identity at protests. There has not been a fundamental assessment or full clarity about how making

“wearing or otherwise using an item that conceals”

a person’s

“identity or another person’s identity”

an offence, as the Bill states, will work in practice. For example, how will it work for Muslim women who observe hijab or niqab? I understand that a defence has been worked in for those concealing their identity at protests for religious purposes, but it is a defence in law, to be proven only after an arrest and during onerous court proceedings. These clauses will only extend the ways in which black, Asian and minority ethnic individuals are over-represented at every stage of the criminal justice system.

If we believe in democratic values, we must defend the space for protest—loudly and with determination—against attempts to shrink it further. At a time when public trust in political institutions is already incredibly fragile, the Government’s decision to weaken one of the few tools people have to hold power to account is, in my view, irresponsible. This Bill draws another line in the sand between those who benefit from the political establishment and those who wish to challenge it. I am with the protesters, who have my solidarity, because I know which side of history I want to be on.

--- Later in debate ---

[Sarah Jones]

We do not know what Lord Macdonald is going to recommend. He has terms of reference that we have agreed, which are to look at public order legislation and hate crime legislation and to consider whether it is fit for purpose or whether it needs amending. Of course, we will consider carefully whatever he brings forward and we will act according to what we think is right. He is a man of great note who has done a lot of things in his past—he is a former Director of Public Prosecutions—and we will of course listen to whatever he says.

[Max Wilkinson]

The Minister seems to be arguing that there is not very much to see here, and that the difference is between “can” and “must”. Is there evidence that when police are having problems policing protests at the moment, they are not assessing the cumulative impact and the problems that that causes?

[Sarah Jones]

Yes, and that is why we are introducing this amendment; we want to provide clarity that it should be considered. We have a community—in particular, the Jewish community—who are suffering and afraid, and they have spoken to us and to many people many times about the impact of cumulative protests outside places of worship and other places. We are responding to that. This is one change in the grand scheme of public order legislation, but it is a very important one for that community.

[Max Wilkinson]

I thank the Minister for being generous with her time. Earlier, she said that the right to protest was sacrosanct in this country. My understanding of the definition of “sacrosanct” is that it describes something that is too important to be trifled with. In making this argument, the Government are suggesting that the right to protest should be trifled with, and that the police must do more to restrict the right to protest, aren’t they?

[Sarah Jones]

This Government believe in the fundamental right to protest. We will never change our view on that. It does have to be balanced with the responsibility to look after our communities. This Government are seeking to get that balance right. We are making a change to the cumulative disruption legislation through this Bill, which we brought forward in the Lords, and several Members asked about that. Of course, normally legislation is introduced here, but amendments are introduced in the Lords by Government and have been by this Government—it is not uncommon. We have had an opportunity to debate the issue today, and I have listened carefully to all the speeches that hon. Members have made.