Police, Crime, Sentencing and Courts Bill

Nickie Aiken Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I rise to speak in favour of Lords amendments 73 and 80.

Like many of my hon. Friends, I marched and protested in opposition to the Iraq war. They were some of the largest and most important protests that we have ever seen. Anyone who attended or saw them would agree they were big, they were noisy and, by their very nature, they caused some disruption. None the less, it was absolutely right that the people were allowed to protest against one of the biggest injustices of our time, even if it was in direct opposition to the policy of the Government. Let us be clear: if protests of this kind, or protests such as those against the poll tax, were to take place today under the measures in the Bill, there would be a real fear that they could be stopped by this Government.

As has been reiterated time and again in this Chamber, the right to peaceful protest, however disruptive it may be to Ministers and Members of Parliament, is one of the fundamental tenets of our democracy. Yet the restrictions that the Government want to impose in the Bill would allow the police to render protests inert, amounting to what is an effective ban. Of course, we have yet to be given any clarity about why the Government are giving themselves such draconian powers, especially when the Government and the police already have ample powers to prevent protests that threaten public order and to take action against those protests they deem disruptive.

It could not be clearer that the powers that the Government want to hand themselves are an extreme overreach, which should leave us all worried about their ability to stifle popular protests against their policies. The reality is that these measures are nothing more than a petty vengeance against protesters by Ministers who are too thin-skinned to accept any criticism. Frankly, they are measures that put the protection of ministerial egos and business interests before the protection of human rights, as part of an intentional journey towards the creation of a Big Brother state that stifles protest and dissent.

Let there be no doubt: this is an extraordinary ideological attack on our civil liberties, with draconian laws, from the undermining of our trade unions to the taking away of our British citizenship without notice, all passed by this Government to curb our freedoms and restrict our rights. That is why this Government must be challenged on every occasion to stop the further erosion of our civil liberties.

[Nickie Aiken (Cities of London and Westminster) (Con)]

In the time given, I wish to speak on Government amendments (a) and (b) to the Bill in lieu of Lords amendments 189 and 146. Of course, I am speaking about the amendment to repeal the Vagrancy Act 1824, which brings us a massive step closer to ending rough sleeping and would drastically change how we view and help those on the streets.

For almost 200 years, the criminalisation of the homeless has shamed our country, but at long last the Vagrancy Act’s days are numbered. I thank the Minister for his constructive discussions with me, and my right hon. Friend the Member for Newark (Robert Jenrick) for being beside me, both when he was on the Front Bench and now on the Back Benches, fighting for the repeal of the Vagrancy Act.

I know there has been some concern in our discussions about the Vagrancy Act’s disappearing and our inability to deal with aggressive begging. I want to make the point that there are powers in place today in the Anti-social Behaviour, Crime and Policing Act 2014 which are now used by the police in the majority of cases against aggressive begging. It should be no surprise, therefore, that arrests and prosecutions under the Vagrancy Act have plummeted since 2014. From the conversations I have had with the Met and the City of London Police, I believe alternative powers to deal with aggressive begging are already available.

I am a pragmatist, so I accept the Government’s position of seeking a thorough and comprehensive review, but I ask the Minister to ensure that that is done quickly and concisely; up to 18 months is a very long time, so I ask him to please bring it forward. I hope that during the review he and the Home Secretary might consider revising the specific guidance on aggressive begging under the 2014 Act. I would welcome his response on that.

Finally, in my constituency of the Cities of London and Westminster we have the largest number of rough sleepers in the United Kingdom. I hope that the repeal of the Vagrancy Act will send a clear message to those sleeping on the street, tonight and every night that we will help and support them to turn their lives around and we will no longer criminalise them.

[Olivia Blake (Sheffield, Hallam) (Lab)]

I am really proud to represent Sheffield Hallam for so many reasons, but one that is particularly relevant to today’s debate is the city’s long and proud tradition of protest. In the 1800s, Sheffield’s Chartists took part in mass demonstrations, holding nightly meetings in Sheffield’s Paradise Square to protest against the then royal ban on open-air meetings. Sheffield played a pivotal role in the struggle for women’s suffrage, and our city’s suffragettes took to the streets time and again to fight for the right to vote. My point is that protests have formed the world around us. They are the reason that I stand here today. They have made our world a better place. Protest is often the start of change. Yes, it is often loud and often messy, because people have been ignored for too long and we need to listen.

Without protests, our country would be unrecognisable. Women would not have won the vote. There would be no NHS. Parliament would be less democratic. The right to protest is a person’s right to shape the world around them—to stand up for what they believe is right and to oppose what they believe is wrong. It is a fundamental cornerstone of our democracy. As such, the Police, Crime, Sentencing and Courts Bill is a flagrant attack on the core principles of that democracy. When this Bill was first proposed, we rightly saw people come together and spread out into the streets because what was being proposed was utterly draconian. I am proud to have worked with the Bishop of Sheffield and many others to talk about how this will impact on Sheffield’s history but also our future.

Having heard what has happened in the other place, I am glad that several amendments have been proposed that would mitigate the worst impacts of the Bill—particularly amendment 73 removing the ability of the police to impose noise-based restrictions on public processions, amendment 80 on giving police the power to impose greater conditions on static demonstrations, and amendment 87 removing their ability to impose conditions on one-person protests. The idea that one person cannot protest or should not be allowed to express themselves is completely at odds with what our democracy should stand for.

We live in a climate and ecological emergency where the future is not only for our country but for the whole planet, and it will be determined by the actions that are taken over the next few years. It is absolutely right that people should be able to hold us to account by raising their voices on our inaction. We have seen a brilliant wave of young people standing up for our environment—for a liveable planet for future generations. We should hold on to those thoughts as we protect protest.