Natalie Elphicke
Main Page: Natalie Elphicke (Labour - Dover)Public Order Bill (Seventh sitting)
Natalie Elphicke ExcerptsTuesday 21st June 2022
(2 years, 6 months ago)
Public Bill CommitteesRead Full debate Public Order Act 2023 View all Public Order Act 2023 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 June 2022 - (21 Jun 2022)
Dr Huq
My hon. Friend makes a really good point. When is a protest not a protest? These women are subject to harassment. There is a time and place for protest. If someone wants to attack legislators, they should protest here, or they could protest at the Department of Health and Social Care, wherever that is now—I know it is not in Richmond House anymore, because my office is there. There are legitimate places where people can hold a protest without shaming individual women and rubbing their noses in it. We have heard how these things are filmed and put on Facebook Live, and the new clause takes that into account.
The Minister has chided me on this before, but last time there was a Labour amendment on this issue, it also concerned anti-vax protests. The former Minister for vaccines used to have a Friday call with all of us that was very popular, and he pointed out that stuff has been done in law to stop those protests. This is not dissimilar. We said after the horrible Sarah Everard episode that women should be able to go about their lawful business, to use the public highway and to walk down the street without being impeded by others. Some people would describe what is happening outside clinics as a protest; the people doing the “protesting” would say they were holding vigils and offering advice to the women, but there is a time and a place for that, and it is not at the clinic gates when women are making the most difficult decision of their life, as my hon. Friend the Member for Bristol East said. They are not doing it lightly, and it may be for all sorts of reasons, such as fatal foetal abnormality.
Other jurisdictions have similar legislation. The French legislation brackets the offence with causing psychological distress, and the amendment is lifted from British Columbia. Several American states have such an offence, as does Australia. I have given the example of Ealing before, and I am proud that my local authority was the first to set up a public spaces protection order, or PSPO. Ministers have told me, “Well, councils can do that,” but that order was set up in 2018, and only three other councils in the country have done the same, although new locations for such action are popping up all the time. The Minister might not understand, but my hon. Friend the Member for Bristol East and the shadow Minister, my hon. Friend the Member for Croydon Central, will know that walking past certain unpleasant things will send a shiver down a woman’s spine anyway. Imagine how that might be magnified when they face a difficult medical procedure. Women can sometimes be uneasy about using the public highway; such activity adds a whole new dimension.
As I say, only three other councils have used a PSPO. Why have other councils not done so? Because setting them up is time-consuming and clunky for local authorities, who have quite a lot on their plate. In Ealing, we have the west London Marie Stopes clinic. It is not just my constituents who use it; women come from all over the country, and women from Ireland historically have used it. We are lucky in Ealing: protesters are moved away from the clinic gates. They are moved only 150 metres away, because there is a main road boundary there. We could be flexible about the limit; it could depend on where the clinic gates are, and where women have to pass. As a mother, I have taken little ones past these groups. We are not just talking about protests; there can also be gruesome images of foetuses and 3D dolls. I have been asked, “Mummy, what’s that?” People who are not even using the clinic have had to divert and use other roads so as not to pass that distressing scene.
Other councils have not followed Ealing because doing so is very resource intensive. We had this situation for 24 years in Ealing before the council took the imaginative route of using antisocial behaviour order byelaws; that is what PSPOs are thought of as being. The order is only temporary; it lasts three years before it has to be renewed, and a huge burden of evidence is needed. There is the principle of consistency before the law. We are lucky in Ealing, but this should not be a matter of luck. People should have equal protection under law, wherever they live, and there should be such restrictions for every clinic. I understand that Birmingham has two clinics, one in the north and one in the south; sometimes the protest gang will be at the north clinic, and sometimes at the south one. The element of uncertainty needs to be eliminated. Life has enough uncertainties as it is.
We are often told in Committee, “There is sufficient legislation.” Opposition Members have at times asked the Government, “Why do you want to create a new offence? There is sufficient legislation out there. These people can be stopped.” In this instance, it is proven that there is not sufficient legislation. Whenever I have ventilated the issue, the idea of taking action has been popular on both sides of the House. As constituency MPs, we all know about the complaints we get in our postbags when a street becomes unusable and police are tied up in dealing with unnecessary stuff. I was discussing this offline with a Committee member who I cannot see in his place today. He has an issue with abortion, but this is not about abortion at all; it is not about the number of weeks before which a person can have an abortion, or about being anti-abortion or pro-abortion. It is just about people not having a protest within the buffer zone, however many metres wide we define that as being. People can make their protest in a way that does not interfere with women’s right to walk into the clinic and have the procedure.
As my hon. Friend the Member for Bristol East pointed out, having an abortion is a huge, difficult decision, and women should be informed of the pros and cons and their choices by medical professionals, counsellors and family members. These things should not happen in the street, in a pressurised environment, and in a distressing and confrontational way that is about trying to bring on all these feelings of guilt and shame.
This issue is just not going away. The number of protest sites is growing year on year. The stuff going on across the Atlantic, where Roe v. Wade is being revisited, is very regressive. I do not want us to take a polarised position in Britain. As I have said before in this Committee, the Ealing decision has been challenged at every level—in the High Court, the Supreme Court and the Court of Appeal—and it has always won. Judges have seen that someone having a medical procedure has a right to privacy that trumps freedom of belief, thought, conscience and expression. The two do have to be balanced, and people can have their protest, but not in a way that interferes with women’s right to use the public highway, and to have a procedure to which they have been legally entitled for decades—for longer than my lifetime. All the medical opinion supports this approach; it is supported by the British Medical Association, all the royal colleges, the nurses and midwifery people, and even good old Mumsnet, who are not normally seen as militant crazies.
I think I have said my bit for now. As I say, this measure was massively popular when it was a ten-minute rule Bill, and that was at the height of covid, so not everyone was in the building, but I think the numbers in support of it were crushing. If there was a free vote on the measure, I think that the House would support it. The Government should adopt it; they can then show that the Sarah Everard case was not in vain, and that something has been done for women and girls, even though there are zero mentions of the issue in the Bill.
Mrs Natalie Elphicke (Dover) (Con)
I agree with the hon. Member for Ealing Central and Acton that the new clause is not about abortion rights. This is a Public Order Bill about the right to protest, the extent of active protesting that seriously disrupts others, and where the balance lies.
The public order subject matter of new clause 1 has been debated previously and was the subject of an in-depth review by the Government in 2018. That review engaged with more than 2,500 people and organisations, and it concluded that national exclusion zones of the type proposed in new clause 1
“would not be a proportionate response, considering the experiences of the majority of hospitals and clinics, and considering that the majority of activities are more passive in nature.”
I note the evidence submitted to the Committee by a Mr Damien Fitzgerald, who described in the following way the activity we are discussing:
“Peaceful pro-life vigils are not ‘protests’…Pro-lifers at peaceful vigils do not behave in a harassing or intimidating manner. They are simply praying and making it clear that help is available.”
That description was echoed in the findings of the Government’s review:
“The main activities reported to us that take place during protests include praying, displaying banners and handing out leaflets.”
The review went on to say that there were
“relatively few reports of the more aggressive activities described.”
Those examples included
“handing out model foetuses, displaying graphic images, following people, blocking their paths and even assaulting them.”
Such behaviour is entirely unacceptable and should, like all such activity on any issue, be tackled robustly.
There are existing laws to address personal intimidation and assault, as the then Home Secretary set out at the time of the review. There are also laws that allow local authorities to introduce local exclusion zones, where they believe that to be right. I note what the hon. Member for Ealing Central and Acton says about Ealing Council’s order, which has been in place since 2018. I therefore suggest that new clause 1 is wholly unnecessary for addressing the harm that has been outlined. It can be addressed, and indeed is being addressed, under current laws.
On balancing those rights, I note that new clause 1 is considerably wider in scope than the Ealing order. I would be grateful if the hon. Lady explained the reasoning behind the significant widening in the new clause. In particular, the Ealing order relates specifically to protests approving or disapproving of abortion services, but the new clause would criminalise only those who disapprove of abortion services. It seems that any person who wishes to facilitate the provision of such services within the buffer zone, for example by providing a physical or verbal presence in the zone, would not be criminalised by the new clause. That is a considerable difference from the approach taken in the Ealing order.
The Ealing order specifies that the people who are to be protected are service users—the women seeking the services—and those who work in the abortion clinics, but not protesters. Under the Ealing order, where there is a protest and a counter-protest at the same site, all protesters are treated equally, but that is not the case under subsection (1) of the new clause. It favours one side of a protest over another. That is an issue on which the Committee has heard evidence; I will come to that in a moment.
The Ealing order limits the offence to interfering, intimidating, recording or photographing service users or members of staff in the controlled area. New clause 1 contains no such limitation, which raises the question of whether a protester could be criminalised for photographing a counter-protester—not a member of staff or service user—when both are in the buffer zone, or indeed when one is in the buffer zone but the other is outside it.
On “seeks to influence” in subsection (3)(a), I draw the Committee’s attention to the evidence we received from Martha Spurrier of Liberty, who said:
“People are entitled, as part of their right to protest, to seek to influence people, as long as they do not do so in a way that is harassing.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 74, Q143.]
The new clause seems much broader than the Ealing order, and I would be grateful if the hon. Lady could explain why in detail.
Subsection (2) of the new clause specifies that the buffer zone boundary should be 150 metres from any part of the abortion clinic, or any access point to the site. The hon. Lady stated in evidence:
“The distance need not be 150 metres. We just took that from Ealing, because that is where the main road is, so then it is not in the eyeline.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 73, Q143.]
I think she expressed a similar view just now.
The map of the area covered by the Ealing order shows that it has a highly unusual shape. It is a fat T; it covers a long strip of main road along the top, and a section of the park in which the clinic is situated. Reports, including from the BBC, refer to it as a 100-metre buffer zone, rather than a 150-metre one. I would be grateful if the hon. Lady clarified the basis for that, and her understanding of how the measures would operate in different locations. Is it intended, as the drafting suggests, that the buffer zone be a 150-metre circle around the site, or does she envisage a more site-specific approach being taken, as was the case in Ealing? She referred to Ealing, but the new clause does not provide for a site-specific or case-by-case approach.
Dr Huq
Let me finish what I am saying. There are two main providers: BPAS and Marie Stopes, which runs the West London clinic in my constituency. They have stand-alone clinics, and these services are all that the clinics provide. The east London clinic is not known to me. I advise the hon. Lady to take a trip to the Marie Stopes in Maidstone, the nearest one to her, and look at the evidence logs. Getting the PSPO involved presenting the evidence logs.
The Chair
Order. Hon. Members must ask the person speaking if they will give way, and should not carry on talking if the other person is still talking.
The Chair
No. To be absolutely clear, when a Member is speaking, and someone wants to intervene, they ask if the Member will accept the intervention. If the Member carries on speaking, they have not agreed to the intervention. Could we follow that process? Otherwise, things will get chaotic.
Mrs Elphicke
I am grateful to the hon. Lady for giving way. That is not what I said; I wanted to clarify, because I think that there has been a factual misunderstanding. I was describing the location of the BPAS centre, and mentioned the things around it—a doctor’s surgery, a school, a midwifery clinic. I was not saying that the BPAS centre sits in a doctor’s surgery.
Dr Huq
I think there has been plenty of misunderstanding of our two positions. I think that there are about 77 clinics across the country, including in Streatham and Bournemouth. Three local authorities have orders in place; that is a tiny number. I wanted to ask the Minister whether he knows how many prosecutions there have been under the Public Order Act 1986 and all the other bits and pieces of legislation that he cited. I think it is pretty much zero. Again, there was whataboutery; it was said that the new clause would criminalise people unnecessarily. [Interruption.] Yes, exactly; that stuff.
Mrs Elphicke
I beg to move, That the clause be read a Second time.
I move the new clause on behalf of my hon. Friends the Members for Thurrock and for Blackpool North and Cleveleys (Paul Maynard). Right hon. and hon. Members will be more than aware of the disruption and danger caused by offences involving locking on and obstructing major roads, which have caused gridlock and stopped emergency services getting through during recent severe protests.
New clause 3 seeks to ensure that the particular and additional harm of preventing emergency services—police, ambulances and the fire service—is included as an aggravating factor in the primary offences considered for conviction under clauses 1 and 3 of the Bill, rather than relying on a separate offence. The new clause would provide a more effective and appropriate reflection of the total harm caused by the additional seriousness of blocking emergency workers getting to people in need. I am grateful to the Committee for its consideration of the new clause.
Sarah Jones
I will keep my comments very brief. As the hon. Lady has said, the new clause would create an aggravated offence when someone in the course of locking on or obstructing major transport works impedes an emergency worker in exercising their function.
We did not support the clauses that new clause 3 relates to—those being clause 1, “Offence of locking on” and clause 3, “Obstruction etc of major transport works”. We will not be supporting the new clause today, but we believe very strongly in the principle of emergency workers being able to exercise their functions. In other parts of the Bill, we have talked about adding emergency workers to the list of critical national infrastructure necessary for the country to function as we want it to. Although we are sympathetic to the principle that emergency workers are crucial and need to be exercising their functions in any way they need to, we will not support it today because it is attached to parts of the Bill that we do not support.
Kit Malthouse
I am grateful to my hon. Friend the Member for Dover. We all sympathise with the intentions of the new clause, initially tabled by my hon. Friend the Member for Blackpool North and Cleveleys. It is completely unacceptable that a small minority of individuals cause significant disruption, and it is even more unacceptable when that disruption strays beyond delaying or inconveniencing the public and into interfering with the emergency services. We all remember well the scenes of ambulances stuck in traffic on the M25, and thank God that there was no major fire that the fire service needed to get to, or a worse incident. Such behaviour is unacceptable and the new clause seeks to ask the courts to account for this behaviour when convicting individuals for obstructing major transport works and for locking on in particular. I applaud my hon. Friend’s support for the new clause.
As I have said previously, however, acts that obstruct emergency workers from exercising their functions are sadly not new and are—happily, perhaps—already illegal under existing law. The Emergency Workers (Obstruction) Act 2006 already makes it an offence to obstruct without reasonable excuse an emergency worker such as a police officer or paramedic from responding to an emergency. It also provides an offence of hindering someone assisting an emergency worker in responding to an emergency. Anyone found guilty of those offences faces an unlimited fine.
Given that there are existing legal remedies, we do not believe it necessary to legislate to direct courts to consider using the maximum penalties available to them when sentencing individuals convicted of locking on or obstructing transport works in those scenarios. Courts can already consider a whole range of aggravating and mitigating circumstances presented to them by the prosecution and defence when deciding whether to convict a defendant and impose a sentence proportionate to their crime. When assessing cases relating to the two offences mentioned in new clause 3, courts may wish to consider impeding emergency workers as an aggravating factor, but that is a decision for them. While we understand the intention behind the new clause, we hope that my hon. Friend will withdraw it at this stage.
Mrs Elphicke
I am grateful to the Minister for his comments and ask him to consider in greater detail whether the action is sufficient. This was a probing new clause, which I spoke to on behalf of my hon. Friends the Members for Thurrock and for Blackpool North and Cleveleys. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 8
Publication of data about use of stop and search powers
“(1) The Secretary of State must publish data about the use of the stop and search powers under sections 6 and 7 within three years of—
(a) if sections 6 and 7 come into force on the same date, the date on which they come into force, or
(b) if sections 6 and 7 come into force on different dates, the later of those two dates.
(2) The data published under this section must include—
(a) the total number of uses of stop and search powers by each police force in England and Wales, including whether the powers were used on suspicion or without suspicion,
(b) disaggregated data by age, disability, ethnicity/race, sex/gender and sexual orientation of the people who have been stopped and searched, and
(c) data relating to the outcomes of the use of stop and search powers.”
Brought up, and read the First time.