Metropolitan Police: Operational Independence

Michael Ellis Excerpts

Thursday 9th November 2023 Commons Chamber

[Chris Philp]

I thank the shadow Home Secretary for her questions, as always. She asked about where the Home Secretary is. It may have been wise to ask that privately rather than publicly, but she is with a close family member who is having a hospital operation this morning. I have the Home Secretary’s permission to say that to the House in the event that somebody raised it, as the shadow Home Secretary has done, so I am passing that message on to the House.

As we consider this topic, the House should keep in mind the fact that many of our fellow citizens are feeling deeply uneasy about what is going on in the middle east and the domestic repercussions. We have seen a spike in Islamophobic offences—there have been 21 arrests in the last four weeks for Islamophobic offences. We have seen a surge in antisemitic offences—there have been 98 arrests for antisemitic offences in the last four weeks.

I have been contacted this morning by members of the Jewish community who are deeply uneasy about what this weekend will bring. I do not think it is acceptable that our fellow citizens feel scared or uneasy walking about the streets of London. It is reasonable for politicians—the Prime Minister, the Home Secretary and others, including, I am sure, some on the Opposition Benches as well—to raise those concerns and make sure that the police are protecting those communities. It is not acceptable to have fear and hatred on our streets. Let that message go out from this House today.

In relation to the question about operational independence, yes, of course the Government resolutely back operational independence, as the Prime Minister made clear yesterday, after his meeting with the commissioner at No. 10. But the Prime Minister also said after that meeting that he would hold the commissioner to account, as politicians are supposed to do—police and crime commissioners, including the Mayor of London, as London’s PPC, do that, and so do we, as Members of Parliament. That is perfectly proper and perfectly right.

In terms of the approval process with No. 10, I am afraid I do not have any visibility on that at all, but let us keep in mind that we are seeing a humanitarian crisis unfolding in Gaza, there are 200 people being held hostage, some 1,400 people were slaughtered by terrorists and members of our own community are feeling scared this weekend. Let us keep that at the front of our minds, not party political point scoring.

[Sir Michael Ellis (Northampton North) (Con)]

Of course there is a principle of operational police independence, but I am concerned that the Metropolitan Police Commissioner keeps saying he has no powers to stop the march or arrest people in these marches. He certainly has powers under sections 3, 4 and 5 of the Public Order Act 1986 and under sections 1, 12 and 13 of the Terrorism Act 2000. Does my right hon. Friend agree that the commissioner’s predecessors certainly felt that they had the power to ban marches by the English Defence League in 2011 and 2012 under the same legislation that we are talking about now? Does he also agree that the Home Secretary has a power under section 40 of the Police Act 1996? That says that where the Home Secretary feels that the police are failing to exercise their discretion reasonably, she can demand special measures to take action herself.

[Chris Philp]

I thank my right hon. and learned Friend for his question. His knowledge of the law in this area, as in all areas, is immaculate. The commissioner does have powers under—I think—section I3 of the Public Order Act 1986 to ban marches in certain circumstances. As my right hon. and learned Friend says, it was last used about 11 years ago, so it is quite a rarely used power. It applies when the police think that they are unable to deal with disorder that may break out. That is quite a high threshold. The Metropolitan police have so far not made a request to the Home Secretary under that section, but, if they do so, it will be considered very carefully indeed.

As my right hon. and learned Friend said, the police have a wide range of powers that they have been exercising under anti-terrorism legislation. That legislation makes it an offence to glorify, promote and incite association with proscribed organisations, which of course includes Hamas. Section 18—I think—of the Public Order Act makes it an offence to use threats to incite racial hatred. There is a wide range of offences and they are being used. So far during these protests, 188 people have been arrested for hate crimes in relation to glorifying Hamas, inciting violence, and apparently praising the appalling terrorist atrocities that were committed, and we expect that wide-range of powers to continue to be used.