Public Order Bill (Second sitting)

Natalie Elphicke Excerpts

Committee stage
Thursday 9th June 2022 Public Bill Committees

[Tom Hunt]

Thank you.

[Mrs Natalie Elphicke (Dover) (Con)]

Q To follow up on fuel distribution, there was certainly an impact in Dover and Deal. We had petrol stations running dry during that period. That really brings home the impact: people were unable to get the fuel that they needed to go to work and to school, and to get about. It has an impact on hauliers as well.

I want to explore the Stansted situation a bit more. You have your highly secure zone—that goes without saying for national infrastructure—and people break in through a security fence and close a runway. I think you said that 25 flights were grounded as a result.

Steve Griffiths: Yes.

[Mrs Elphicke]

Q What sort of impact do you feel that had in terms of security? Do you feel that the impact was not just to cause disruption but to affect the security of the airport?

Steve Griffiths: Yes, indeed. Obviously, the security of the airport is critical to its safe operation, as you said. We have practices and procedures, CCTV and patrols, as well as what we call a “critical” part of the airport for maintaining security. We know about the security that we experience just as travelling passengers; that is equally important around the whole perimeter of the airport.

It is very serious, and any situation like that requires our staff to respond to it as well as ensuring the continued safety of the operation of incoming aircraft and aircraft that could be departing at that time.

[Mrs Elphicke]

Q At what stage did you know that this was a political protest rather than a terrorist incident or similar? Was there any concern about the nature of the protest when your personnel saw people breaking into the airport?

Steve Griffiths: No. Obviously, we work with the local police, so we very much have a partnership between the airport police and Essex Police, and they look at intelligence and so on. All the intelligence suggested that it was a protest rather than terrorism.

[Mrs Elphicke]

It had a political dimension.

Steve Griffiths: Yes.

[Mrs Elphicke]

Q Finally, I am mindful of the Court of Appeal’s decision and its clear direction that there was no specific offence that could reflect the magnitude of the event. The Court reportedly said:

“We recognise that the various summary-only offences with which the appellants were originally charged…might…not reflect the gravity of their actions.”

I think that underlines the importance of the matters before us. At the Court of Appeal, Lord Burnett referred specifically to disruption “likely to endanger” the safe operation of the airport or the safety of people there. We have heard from your evidence that the actions that were taken were grave and had real impacts on the airport’s operations and security.

Steve Griffiths: Yes, they did indeed.

[Andrew Bridgen (North West Leicestershire) (Con)]

Q Elizabeth, clearly there are two parts to the threat from protesters: first, if they gain access to your oil terminals—the one at Kingsbury, just down the road from my constituency, is the largest in the country—and secondly, if they cause damage to assets or disrupt access to your fuel depots. How are those situations currently treated differently in policing, how easy is it to get people off your premises once they are there on them, and how will the Bill help you to deal with those situations?

Elizabeth de Jong: We follow guidance produced by the Centre for the Protection of National Infrastructure. New guidance on the security of sites was issued in April by the Department for Business, Energy and Industrial Strategy, with the support of national counter-terrorism police and the National Police Coordination Centre. Lots of site security plans are already put in place using guidance and experience, and there are updates; that is continually being reviewed using the best available guidance. It is a tiered system, as people gain access and then further access into the site, but one of the points I wanted to make is that the sites are very large indeed. CCTV and fencing are already there, but it is very hard to stop a large number of people—

--- Later in debate ---

[Andrew Bridgen]

Q But surely most of that is delivered online now.

David Dinsmore: But it could be just as easily threatened by this kind of protest.

[Mrs Elphicke]

Q I want to follow up on that very point. On a number of the other disruptions that we have seen, what is disrupted cannot be delivered in another way: the roads, ports, fuel and so on. But, as you say, minute-by-minute news is doing its stuff. If I understand the reason that you were targeted, it was that there was a view about what the political representation of the group was, rather than what was necessarily going on at the plant itself. I think you mentioned The Guardian, among other things. Do you think that the measures should be widened to give greater protection to organisations that are targeted, not because of what they are doing but because people just want to disrupt that business, organisation, or person’s life to make a political point in an unacceptable way?

David Dinsmore: I do think that the way the law is structured protects the rights of the few against the rights of the many. That feels to me to be anti-democratic. So, without going into the specifics of it, yes, I do think that. On that point of “you can get it online”, there is still a significant cohort in the community—principally older readers—who cannot or do not get it online, and do get their news in print.

[Kit Malthouse]

Q I want to underline that point. Do you believe that the reason you were targeted was the political and social posture of your publications, and that those protesters were effectively trying to silence your point of view or the point of view of your publications?

David Dinsmore: I do not know if we know for a fact that that is the case. However, certainly, in a lot of protests that we see—and believe you me, we see a lot of protests—an anti-Murdoch element always comes out. We are big, grown-up girls and boys, and we deal with most of that in our daily work, but on that occasion, the level of disruption caused was well beyond what would be acceptable.

--- Later in debate ---

[Sarah Jones]

Q I was talking to your police and crime commissioner, who was singing your praises at some other event, about how well you have managed lots of protests over a long period of time. You have managed to talk people down, to get people to change behaviour and to come to a sensible agreement about somebody who had been there for a short period time moving on. You have obviously deployed the powers that you have, and the persuasion that you have, effectively. Can you talk to us a bit about what you do, how that works and how you managed protests in the west midlands without too much disruption?

Phil Dolby: No one protest is the same as any other, even if it might be about the same cause. Some of the most challenging ones we have had have not necessarily been Extinction Rebellion or High Speed 2. The issues in Gaza led to some go-slow protests that were going to churn up the city, which I had to deal with.

Another protest was in the paper a few years ago. A school was hoping to do a teaching element about same-sex relationships, and some of the local Muslim community were upset about that. We have also had Sikh tensions at the Indian consulate general, the Kisan protests and so forth. Sometimes you can start your tour of duty and something appears on Al Jazeera—suddenly, you can feel the tension rising during that same tour of duty.

The first thing is very much: what relationships do we have with communities before there is a protest? What kind of neighbourhood local policing service do we have? What is our community engagement across the spectrum of age, ethnicity, communities and so on? That is the most important. One of the most important briefings I give to everyone—including protesters—at the beginning of any operation, be it pre-planned or spontaneous, is always about the style and tone of what we are about to do. That is about being a fair service that is not afraid to make decisions when it needs to.

I will give you a couple of quick examples, starting with when we had the go-slow. Like most cities, Birmingham has a ring road, and it does not take much for that artery to suddenly be blocked, which means that nobody is going anywhere. We had a protest about Gaza whereby they were going to do a go-slow with their vehicles and do a circuit around the city. Because it kept moving, we tolerated that. We did some traffic management around it, kept the city moving and made sure that really important things, such as hospitals and so forth, were not affected. They then went for a second lap, and that was where I had a threshold with a gold commander who had given me a strategy that said, “That’s enough now, because everyone else in the city has the right to peaceful enjoyment of the transport system and to get around.”

We currently have a power under section 12 of the Public Order Act 1986—this goes to Sir Peter’s point—that already has the term “serious” within it. There is a test called 3DI—serious damage, disorder, disruption or injury —but the definition of “serious” is still quite open to interpretation. You also need to have an organiser. During the pandemic, people did not want to show that they were organisers, because they would then be potentially prosecuted under the coronavirus regulations. That has kind of stayed. Before then, people were quite happy to say, “I was the organiser,” but that is less so now.

The go-slow had no clear organiser, but through the CCTV around the city, I was able to see who the organiser was. There were probably about 200 vehicles involved in it, and I just gave a warning about the police’s power to who I was evidentially satisfied was the organiser. I negotiated and said, “Look, I’ve got this power. It’s ready, and here it is. Do you want to carry on, or can I encourage you to stop? You have had your opportunity, and you need to move on.” There was a negotiated approach that I thought tried to keep the balance for everyone.

Similarly, Extinction Rebellion recently blocked a fairly minor road. We were a little confused about the road they chose. If we had been doing it, we would have chosen a different one. They had a tactic whereby instead of staying in the middle of the road all the time, they would use the pelican crossing but let the traffic stop by the traffic furniture. They would then occupy the road for about five minutes and when the traffic built up, they would move away. That was an interesting application of the law but, again, what we did was start negotiations with them.

We have our protest liaison teams, and there is a five-step appeal that officers go through, which we document and fill, giving every opportunity for the protesters to reach the decision themselves. Eventually, I said, “Okay. There is a power here to stop you. This is an unlawful assembly because it is now causing serious disruption. There’s a children’s hospital that is starting to be affected, so now that’s enough.”

I brought forward the van that is a mobile prison cell—kind of a show of strength, really—and said, “That is what I am prepared to use”. They said, “Okay”, and that was enough. Again, both the powers were available to us. They were being prepared to be used. We were not just tolerating it; there was a negotiated approach, and both of those are examples of where that has been successful. On the serious disruption element in the Bill, I would encourage as much precision for that definition as possible.

[Mrs Elphicke]

Q I will start with Mr Parr. In terms of that level of disruption not being right, we have also seen eye-watering costs. I have some figures here. In 2019, Extinction Rebellion cost about £37 million, and at least £6 million was spent on just the policing costs alone. I appreciate all the comments that have been made about choices of policing and taking people from alternative policing duties. That is an enormous amount of resource that is going on this type of political activism, rather than on preventing and detecting serious crime. Part of that resetting is, obviously, ensuring that this has a deterrent effect and fills in some of those gaps. By filling in those gaps and giving greater clarity, will that help with this resetting and start some of that resetting of behaviour?

Matt Parr: We made that point in the report. There are certain things that probably would have a deterrent effect—the £37 million is something that we referred to. I think it is relevant. It is difficult to say that you cannot put a price on articles 10 and 11 and, of course, you are right. However, just for context, the two operations we looked at in London cost £37 million. That is twice the annual budget of the violent crime taskforce, so it does have a significant effect.

The other general observation I would make is that protest has been increasing and the complexity and demand on policing has increased. It does not seem likely to us that it will go in a different direction in the years to come, so something has to be done to prevent it becoming too much of a drain. Yes, I think that some of these act as a deterrent, of course. It rather depends on how they end up progressing through the courts—if, indeed, they are brought to court—and if it turns out that they are not meaningfully prosecuted and there are not meaningful convictions, any deterrent effect will pretty soon dissipate after that, I would have thought.

Sir Peter Martin Fahy: I would make the same point. Anything that could be put in the legislation to clarify the issue about “serious”, which absolutely could be some financial calculation, would be extremely useful. You have to remember that it was quite clear that the vast majority of people thought the Insulate Britain protests were extremely disruptive and pointless.

There are certainly some protests where you have two sides. Therefore, you will get pressure from one side to use this legislation, and we should not be naive about the pressure that police leaders come under from local politicians to do that. I will be honest: they were some of the most uncomfortable times in my police career when that happened. Therefore, having clarity about the legislation is really important, as is anything that can be put in to help that.

I do not know whether there is actually any evidence that people are deterred. Common sense says that some people will be deterred by harsher sentences and the threat of a conviction in court, but clearly some people are so determined, and have a certain lifestyle where it does not really have any consequence for them, that—if anything—it makes them martyrs. Certainly, as Matt said, if they are not convicted or get found not guilty, if anything that gives them a greater status as a martyr and leads to further criticism of the police.

Phil Dolby: I want to make a point on the precision of the legislation. When looking to consider stop and search without suspicion, I think no matter how hard you try, there will be a complete, solid line in the public discourse between that and section 60, which is the existing power to have targeted stop and search around violence principally. That is a tool that is being used increasingly with the challenges we are all facing around youth violence and knife crime. It is also something around which communities have not always necessarily experienced fair treatment.

With all that we are trying to do now, it is still a key point of discussion and, sometimes, contention. We have the community coming in and scrutinising how we have used it. They watch our body-worn video of what we tried to do. We have even got youth versions of that for young people. I do not know how you would do the same kind of thing with protest. I think there is something that needs to be done there. There is best practice advice on how to conduct stop and search, and I think there is potentially some real thinking if those go ahead to start with that position as opposed to learning those lessons as we go along.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

Q We touched on what a protest is and also what serious disruption is. Some of these things have very vague boundaries. Peter, you mentioned the Sarah Everard case. For me, it was disappointing that the words “woman” or “women” are not in there at all. After the Sarah Everard vigil, I know you said it was all done by the book, but to the public it looked like very insensitive policing of the vigil. The reason it looked scandalous is that it was taken alongside all the other scandals with the Met police at the time, with that previous commissioner. The case itself is pretty horrific, and then there was the policing on the other side of it. What I wanted to ask you is whether serious disruption could be different for different people, and could it include psychological distress?

Sir Peter Martin Fahy: On your point about the Sarah Everard vigil, there is a question about what the difference is between a vigil and a protest, which is really critical for policing. Again, I would come back to that point: it did not really matter how legal or professional the police operation was. Because of that wider context, the public view of it is really clear.

Going back to what the chief superintendent said, you have to take into account absolutely the feelings of your local community. I would say that on things like this extension of stop and search, for me there would need to be a well-documented community impact assessment, where the police worked with other agencies and community groups to assess what the impact is going to be. I am not sure about the psychological impact. It is about the fact that this is how policing is judged now, and that is the risk.

I would bring in the issue of disruption orders. Anything that is about gathering intelligence is extremely problematic. Even if you go way back to the 1970s and the big scandal about undercover policing, that came from a desire to try to gather intelligence about protesters, and look where it got the police service. This is about what could be a group of people here organising a protest against a local road development and the police using the local council CCTV to try to show that, for instance, three people had met and a gentleman had put something on Facebook to bring about the protest. That is the form of intelligence gathering that I would suggest some of your constituents, if they were involved in something that was local and very emotional, would find extremely disturbing.

I think the police service has to be very careful about going down that route. Again, I think most people would say that we want the police to use intelligence gathering against serious criminals. It would need to be a very serious degree of public protest and disruption for the police to be using some of those tactics, in terms of the degree of trying to hold on to public confidence in law and police powers and tactics.

Matt Parr: As the person who conducted the study into that vigil, I was genuinely shocked. I had a team significantly composed of female senior police offers—mostly detectives or people with firearms backgrounds. Therefore, they had done relatively little public order in their careers. I found astonishing the look on their face at some of the evidence they saw from that night and the abuse that the police took. There was a very, very clear difference between an entirely well conducted and peaceful vigil that lasted until a certain time of the night, and the disorder that—