Public Order Bill (Seventh sitting)

Debate between Natalie Elphicke and Kit Malthouse

Committee stage
Tuesday 21st June 2022 Public Bill Committees

[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.

Public Order Bill (Sixth sitting)

Debate between Natalie Elphicke and Kit Malthouse

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.

Public Order Bill (Fourth sitting)

Debate between Natalie Elphicke and Kit Malthouse

Committee stage
Tuesday 14th June 2022 Public Bill Committees

[The Minister for Crime and Policing (Kit Malthouse)]

Amendments 35 and 36 take issue with the scope of the offence of obstructing major transport works. I understand that the hon. Lady is concerned about the wide scope of the offence, but it is clear from the evidence that the Government need to protect vital transport construction sites across the country. I think the whole Committee was shocked to hear evidence from HS2 that the cost of protest to the scheme was £122 million and likely to rise to £200 million.

Amendments 35 and 36 attempt to limit the potential acts that fall within the offence by removing references to any acts that obstruct steps “in connection with”, or “reasonably necessary” to facilitate, construction or maintenance of a particular project. They would also remove references to acts that interfere with, move or remove any apparatus that relates to the construction or maintenance of major transport projects.

As I said, I understand that there are concerns about the wide scope of this offence, but a balance needs to be struck. Protest against transport sites comes in many different forms and is constantly evolving, as a small minority seeks new ways to inflict further disruption. It is entirely proportionate for this offence to capture behaviour that obstructs any stage of these projects. Furthermore, it is right that this offence should protect from interference key machinery, materials and other necessary apparatus, without which construction or maintenance of projects cannot occur.

It is worth remembering that we are talking about projects that have been decided through a democratic process. In many ways, individuals seeking to impede such projects are latter-day King Canutes. seeking to stop something that has been decided by the House of Commons or other democratic process and should therefore be allowed to take its course.

[Mrs Natalie Elphicke (Dover) (Con)]

Does the Minister agree that the health and safety measures that are so vital to protect everyone, as well as equipment, on construction project sites are simply not respected by those seeking to disrupt, and that that puts everyone at risk?

[Kit Malthouse]

My hon. Friend makes a powerful point, which we have seen throughout some of the protest tactics that we aim to deal by means of the Bill. They include a complete disregard for the safety not just of the protesters but of the workers on the sites affected and indeed the police, who have to go and remove the individuals.

Public Order Bill (Second sitting)

Debate between Natalie Elphicke and Kit Malthouse

Committee stage
Thursday 9th June 2022 Public Bill Committees

[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.

Public Order Bill (Second sitting)

Debate between Natalie Elphicke and Kit Malthouse

Thursday 9th June 2022 Public Bill Committees

[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.