Public Order Bill (Sixth sitting)

Natalie Elphicke Excerpts

Committee stage
Thursday 16th June 2022 Public Bill Committees

[Kit Malthouse]

What is acceptable is what is in the Bill.

[Mrs Natalie Elphicke (Dover) (Con)]

Opposition Members seem very sympathetic to these extreme protesters. As the Committee knows, I am no stranger to the frontline when it comes to a protest, but we need to recognise the impact of these extreme protesters.

In Dover, when protesters close the main road—be they Extinction Rebellion, the oil brigade or anyone else that decides to rock up and make a nuisance of themselves—it does not just bring our trade to an end; it disrupts the lives of everybody in the town. It also puts the emergency services at risk because they cannot get through if people glue themselves to the motorway and cannot be moved safely. The provisions are important to areas such as mine that are at the forefront of actions by extremists. It is proposed that this be a summary offence; does the Minister think that the level of fine is appropriate? How has he come to that decision?

--- Later in debate ---

[Kit Malthouse]

New clause 4 closes a gap in the existing powers at part 2 of the Public Order Act 1986 for policing public processions and assemblies. It does so by harmonising the position between on one hand the territorial police forces, those covering a geographical force area, and on the other hand the British Transport police and Ministry of Defence police force.

The present position is that the territorial forces are able to exercise those powers, but the British Transport police and MOD police are not. New clause 4 extends to those forces some of the powers of part 2 of the 1986 Act where there is an operational case for doing so. It does not extend all the part 2 powers, as not all are relevant to the functions of those forces. I emphasise that new clause 4 does not create any new powers, nor does it broaden existing ones. It simply serves to close a potential gap in jurisdiction by extending certain existing powers to these two additional non-territorial police forces. The powers contain various limitations and safeguards. For example, only the most senior of the officers present may exercise the powers, and there is a requirement that the officer must reasonably believe that the assembly may result in certain forms of serious disorder. These limitations and safeguards are replicated in new clause 4.

These modest and proportionate measures largely seek to address an anomaly in the powers currently available to our specialist non-territorial forces. I imagine it would surprise the British public that the British Transport police in particular does not have these powers.

[Mrs Elphicke]

Will the Minister confirm that port police are not included in these provisions relating to transport because they operate using existing powers? I have the port of Dover police in mind particularly.

[Kit Malthouse]

My hon. Friend is exactly right. It applies where they are part of a territorial police force. I know she has a particular interest in Dover port police, and we will seek clarity for her on that before Report.

I think the British public would be surprised to know, given how much protest is targeted at the transport network, that the British Transport police does not have these powers. The new clause will deal with that anomaly. The existing legal tests and safeguards for the use of these powers will continue to apply. Making these changes will help to promote a consistent and effective response to public order protests. I commend the amendments to the Committee.