Public Order Bill (Third sitting)

Natalie Elphicke Excerpts

Committee stage
Tuesday 14th June 2022 Public Bill Committees

The Public Order Act 1986 gives the police a wide range of powers to deal with peaceful protest. The Highways Act 1980 makes wilful obstruction of the highway without lawful excuse illegal. The Criminal Justice and Public Order Act 1994 created the offence of aggravated trespass, where a person trespasses on land to intimidate, obstruct or disrupt the lawful activity of others.

[Mrs Natalie Elphicke (Dover) (Con)]

Will the hon. Lady comment on there being an offence for every crime she has described? We heard in evidence, and I commented on it, that the Court of Appeal said of the Stansted incident that there was not an offence that reflected the gravity of the situation there. Does she agree that it is important to ensure that that gap is filled?

[Sarah Jones]

I thank the hon. Member for her remarks. I hope she will forgive me, as I do not have the evidence in front of me, but as I recall it, clearly the charge made there did not lead to the outcome that those people had intended. Perhaps there were other offences, of aggravated trespass, for example, which is imprisonable and could have led to a charge.

Trespass laws can apply even on public roads, when someone is not using them for a permitted purpose. Other legislation is also available. In the evidence session, the Minister suggested that some existing legislation does not allow prison sentences, but it does. Wilful obstruction of the highway comes with a fine but in the Police, Crime, Sentencing and Courts Act 2022—