Policing and Crime Bill

Debate between Norman Lamb and Geoffrey Clifton-Brown

Monday 13th June 2016 Commons Chamber

[Norman Lamb]

I am grateful to the Minister for that intervention, and I understand that we have to balance all these things. I am trying to ensure that legislation puts pressure on agencies to provide sufficient resource to meet a clear need. That is not the case at the moment.

I conclude by saying that the amendments and new clauses in this group are all designed to improve the rights of people with mental ill health, who are too often let down by the system at the moment.

[Geoffrey Clifton-Brown]

I wish to address new clause 23 and take the Minister on a very short metaphorical journey with me, although perhaps nowhere near as far as new clause 23 seeks to go. I am sorry if I am trying the patience of the Minister and the House, because the Minister has been exceptionally courteous today, as he has been to me on previous aspects of the Bill.

Let me explain the mischief of face coverings, with which the House is well acquainted. In my intervention on my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier), I mentioned two events: the Conservative party conference in Manchester, and an incident in my constituency in which, during the badger cull, two people in masks parked outside a farmhouse several evenings in a row as it was getting dark, deliberately intending to intimidate. A similar thing happened at the Blackpool conference. I was there when people, women in particular, were intimidated by people in masks. If only the police had been able to ask those people to take off the masks, I think the intimidation would have stopped almost on the spot. I suspect that in those two incidents, the mere act of the constable on duty asking those people to take off the masks would have stopped the mischief there and then.

That is the journey on which I want to take my right hon. Friend the Minister. It is perhaps not the entirety of new clause 23, but let us simply look at section 60AA of the Public Order Act 1994, which requires a constable on duty to obtain prior written consent before a mask is taken off—[Interruption.] The Minister is going to intervene. May I just explain where I am coming from on this? Very often, a constable will get on the radio and obtain verbal consent, and the written consent is given afterwards. Technically, a crime is being committed because they have not got prior written consent.

Let us do away with the whole issue of written consent. We train our constables to a very high level, and we put a great deal of trust in them. Let us trust them in individual situations. If they think that face masks are a problem, we should give them the power to demand that the face masks be removed immediately. It may even be possible to do this by secondary legislation. Section 60AA—[Interruption.] Does my right hon. Friend the Minister want me to give way? If he does as I suggest, I think we will achieve what we want to achieve.