Family Planning Clinics: Public Order Legislation

Nick Hurd Excerpts

Tuesday 7th November 2017 Westminster Hall

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a huge pleasure to serve under your chairmanship, Mr Evans. I join others in congratulating the hon. Member for Ealing Central and Acton (Dr Huq) on securing the debate, and on the way in which she framed an argument that she clearly feels passionately about and has done for a number of years. If I heard her rightly, she informed the House that this has been going on for 23 years—an extraordinarily long time. I should say, I have sat and participated in some rubbish debates in this Chamber, but this has been a good one, in the sense that both sides of a highly sensitive argument have been presented with both passion and dignity. I congratulate all Members who have participated.

I say to the hon. Lady—she will know this from a brush-by in the Sky studios on Sunday—that the Home Secretary takes a personal interest in this issue and has made it quite clear that she will monitor closely what is happening in Ealing and consider whether further action is needed, if that is where the evidence points us. The Government are absolutely clear that it is unacceptable that anyone should in any way feel harassed or intimidated simply for exercising their legal right to healthcare advice. She put it well: harassment is not protest. I think we all agree on that, so let us send that message clearly.

Where such behaviour occurs, I am clear that the police and local authorities should take action to deal with it, making full use of their powers to protect both patients and staff; that goes to the important point made by the right hon. Member for Hackney North and Stoke Newington (Ms Abbott). As well as ensuring that full use is being made of existing powers, the Government will explore whether any further action is needed to ensure that clinic staff and patients can go about their lawful business free from harassment, offence or alarm. I will go on to talk about existing powers; I was interested in what the hon. Member for Ealing Central and Acton said of her doubts about whether they are fit for purpose.

The Government are clear that the rights to share views and to peaceful protest do not extend to harassment. We believe that the law provides protection against such behaviour, but we are open to the argument. All protestors are subject to the law, and the police should act when they have evidence that crimes have been committed. It does seem clear that few complaints are made to the police by those attending healthcare clinics, which is the point made by my hon. Friend the Member for Gainsborough (Sir Edward Leigh). However, my feeling is, and I recognise, that the reasons for that may include those who access the clinics wanting to maintain their privacy, and that having to give evidence in a court of law may be a deterrent in this situation.

I strongly urge anyone—as I hope all Members would—who suffers any kind of harassment or intimidation at the hands of protestors to contact the police. I also call on abortion clinics to contact the police if they witness such behaviour towards patients and their staff. Information provided helps the police to take action. I know that the national police lead, Deputy Chief Constable Rachel Swann, has previously written to forces to remind them of the importance of investigating such alleged crimes sensitively.

[Ms Abbott]

The hon. Gentleman will understand that at probably the most vulnerable time in a woman’s life, the last thing she wants to do is present herself to a police station. That may account for the low level of complaints from women who have been harassed.

[Mr Hurd]

I totally understand that point, and I think I was sensitive to it in my remarks, but it is still the responsible thing to remind people that if we want the police to take action, they need information. This is absolutely not easy because of the context, but it is still a point worth making.

I would like to say a few words about the actions of pro-life groups, which have received criticism here. I should say that everything we have heard about accusations of intimidation and harassment is a million miles away from the experience I had, which was similar to that of the hon. Member for Ipswich (Sandy Martin). Three ladies came to talk to me in Harefield library in my constituency about their deeply held views on the other side of the argument—the pro-life side—which were rooted in their deep faith and conviction and presented with great calmness and dignity. That was a million miles from what we are talking about happening on the pavements of Ealing, and was rooted in faith that I am sure all Members would want to respect.

However, it seems that in recent years there has been an escalation in the adoption of extreme tactics by pro-life groups in the UK; the right hon. Member for Hackney North and Stoke Newington was right on that. Tactics such as those used by the American anti-abortion movement—displaying graphic images, the wearing of video equipment to film locations and direct engagement with individuals entering health clinics—are a feature of that. The police recently assessed that pro-life demonstrations do not ordinarily result in crime or disorder, and it is rare that police intervention has been called for. I am also aware that pro-life groups deny harassment and intimidation.

[Sandy Martin]

I thank the Minister for considering the point. However, whether or not a member of a pro-life demonstration intends to harass, the fact that they produce leaflets and push forward their views to women who are entering these clinics at a moment of extreme emotional vulnerability constitutes harassment. The only way to avoid such harassment is not to have demonstrations at such locations.

[Mr Hurd]

I understand the hon. Gentleman’s point. I simply place on record something he has already heard from my hon. Friend the Member for Gainsborough: pro-life groups deny harassment and intimidation and claim that they seek only to dissuade and offer support to those seeking the services of family planning clinics. There are clearly deeply held views on this. I have no doubt about the upset some of those actions can cause, which have been expressed powerfully, not least by the hon. Member for Ealing Central and Acton, but by other Opposition Members as well.

In terms of police powers and management of protests, the police have a duty to facilitate peaceful protests by providing a lawful and proportionate policing response that balances the needs and rights of protesters with those of people affected by the protest. Rightly, Ministers have no power to direct or control police operations, but I am absolutely clear that women seeking medical advice or interventions in such circumstances should not be harassed or intimidated by the illegal actions of protesters.

As I said before, we believe—but we are open to the arguments on this—that the law provides protection against such behaviour, and the hon. Lady referred to the legislation. Sections 4A and 5 of the Public Order Act 1986 make it an offence to display words or images that may intentionally or unintentionally cause harassment, alarm or offence. The Protection from Harassment Act 1997 includes criminal offences that protect individuals conducting lawful activities from harassment by protesters. That Act also allows for a person to take civil proceedings in respect of harassment.

The Anti-social Behaviour, Crime and Policing Act 2014 provides the police with dispersal powers in public places, which can be used to disperse individuals or groups who are causing others to feel harassed, alarmed or distressed. The police also have powers under the Public Order Act 1986 to place conditions on the location, duration or numbers attending a public assembly. They can use those powers if, in their professional judgment: the assembly will result in serious public disorder, serious damage to property, or serious disruption to the life of the community; or the organiser’s intention is to compel others to act against their own rights. How and when any of those powers is used is an operational judgment for the police; there is no getting round that. They will judge each case on its merits, and will ultimately decide whether to use the powers available to them.

However, as part of our work to ensure the existing powers are used to the full, I will ask the relevant national police leads to ensure that the most appropriate tactics and best practice are being used. I will go further than that and extend an invitation to the hon. Lady: if she has good arguments and good evidence to support the argument that that package of legislation, which reads robustly to me, is somehow not fit for purpose, I am open to listening to her and the right hon. Member for Hackney North and Stoke Newington, if they want to make a case.

[Paula Sherriff]

I thank the Minister for the tone he is adopting. Does he agree that it is imperative that, given that we are celebrating the 50th anniversary of the Abortion Act 1967, the Government of the day adopt a pro-choice position, so that women are given a range of options if they have an unplanned pregnancy? By giving a charity that is firmly anti-choice a huge sum of money, they are in fact adopting an unfortunate bias.

[Mr Hurd]

Let me push back on that gently. As the right hon Member for Hackney North and Stoke Newington, who speaks for the Opposition, said, we have a settlement in this place that we have come to. We have found a balance and a compromise, and I think any shift in that will be subject to personal votes in the future. To the point about the funding for the charity Life, that falls outside my Department, so the hon. Lady will forgive me if I read from the brief. It is basically set out in the grant agreement that Life will not be able to use the tampon tax grant of £250,000 to fund its counselling service or its Life Matters education service, and it is prohibited from spending the money on any publicity or promotion. The grant—as I think the hon. Lady mentioned—is for a specific project in west London to support vulnerable, homeless or at-risk pregnant women who ask for its help. All payments will be made in arrears and on receipt of a detailed monitoring report, but I will make sure that the hon. Lady’s concerns are expressed directly to the Minister responsible.

I will say something about public spaces protection orders because, as the hon. Member for Ealing Central and Acton says, the local authority in Ealing has decided to consult on issuing such an order outside the Marie Stopes UK healthcare clinic in the borough. Public spaces protection orders, under the Anti-social Behaviour, Crime and Policing Act 2014, can be used by councils to stop people committing antisocial behaviour in a public place, applying restrictions on how that public space can be used. I apologise for the dryness of the prose, but there are clear legal tests that must be met. In particular, the behaviour that the order is seeking to stop must: have had or be likely to have a detrimental effect on the quality of life of those in the locality; be likely to be persistent or continuing in nature; be or be likely to be unreasonable; and justify the restrictions imposed.

It is for the London Borough of Ealing to determine, in consultation with the local police and any other community representatives, whether a public spaces protection order is justified. The Home Secretary and I will watch developments, and the response to them in the consultation, with interest.

I would like to give the hon. Member for Ealing Central and Acton a chance to respond and close the debate, so I will conclude. It has been a good debate on a highly sensitive issue. As I have made absolutely clear, the right to peaceful protest should not extend to harassment or intimidating behaviour.

[Sir Edward Leigh]

We all absolutely oppose harassment, but the Minister is defending the right to peaceful protest.

[Mr Hurd]

I think I have made that clear. The right to peaceful protest is incredibly important and is fundamental to our democratic process, but it cannot extend to harassment. The hon. Gentleman said so in his remarks, and there is agreement in this place. It is unacceptable that women seeking their legal right to healthcare, advice and support encounter such situations, and I expect any such cases to be robustly investigated and dealt with by the police.

The bottom line is that we are talking about vulnerable women at a point of very high vulnerability. The last thing we should want or accept is for them to feel any more vulnerable at that point in time, and when protest creeps into harassment, that is completely unacceptable. As I said before, it is essential for any democracy that individuals have the right to peaceful protest and freedom of speech, but with those rights comes a responsibility to ensure that individual views and protestor actions do not cross the boundary into criminal acts.

Finally, I assure hon. Members who have taken part in the debate that both the Home Secretary and I will carefully consider the important points made. We will monitor developments in Ealing to see the outcome of the decision to grant a public spaces protection order. I will ensure that the national policing leads responsible for the issue are made aware of the concerns expressed, and ask that they and local authorities make full use of their existing powers to prevent that kind of behaviour. I will also explore with my officials and the police whether any further action needs to be taken to ensure that clinic staff and patients can go about their lawful business free from harassment, offence or alarm.