Nusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Home Office
(1 day, 8 hours ago)
Commons ChamberWith your permission, Mr Speaker, I will make a statement on public order.
The Commissioner of the Metropolitan Police, Sir Mark Rowley, has requested a prohibition on processions relating to al-Quds Day under section 13 of the Public Order Act 1986. I have consented to that request, placing a ban on those processions for both protesters and counter-protesters that will now last for a month. This is the first ban since 2012, so I wish to explain to the House today why I have done so.
It is important that we start with the context. Initiated by Iran’s then leader, Ayatollah Khomeini, in 1979, al-Quds Day is an event held on the last Friday of Ramadan. The day is marked worldwide by rallies and demonstrations in support of Palestine, including here in Britain. Plans for a procession this Sunday in London have been led by the Islamic Human Rights Commission, an organisation that has been closely associated with the Iranian regime. Of course, this year’s event interacts with the ongoing conflict in the middle east. It comes at a time when the Iranian regime is attacking British forces and bases, as well as those of our allies. It also comes just days after the arrest of four individuals as part of an investigation led by counter-terror police. Those individuals were arrested under the National Security Act 2023 for allegedly spying on Jewish communities on behalf of the Iranian regime.
This context creates clear challenges for the police: heightened attention and therefore larger expected attendance, and heightened tensions between protesters and counter-protesters and therefore greater potential for conflict. The expertise on whether and how those challenges can be safely managed rightly sits with the police, and the legal test is clear. Any request to prohibit a procession must only be lodged with the aim of preventing serious public disorder that could not otherwise be prevented by imposing other conditions on a public procession under section 12 of the Public Order Act. Section 12 conditions typically include specifying the route, location and times of a protest. Under normal circumstances, they are sufficient to ensure protests remain peaceful and the public are kept safe.
However, the commissioner has clearly stated that the Metropolitan police’s view is that serious public disorder cannot be avoided unless a prohibition under section 13 is introduced. That assessment is grounded in the tensions created by international conflict, the scale of the expected march, and the presence of protesters and multiple counter-protesting groups all seeking to march at once.
My first duty is to keep the public safe. Having carefully and thoroughly considered the risk assessment presented to me by the Metropolitan police, I am satisfied that an order under section 13 is necessary. For one month, there will therefore be a prohibition on processions in London related to al-Quds Day involving protesters and counter-protesters, which will come into effect today and end on 11 April. Should the commissioner consider that a further extension is required, he will be able to make a further submission at that time.
I must be clear about what this prohibition does not do. The police and the Home Secretary only have the power to prohibit a public procession. Section 13 cannot be used to ban a static protest, referred to in the legislation as a “public assembly”. Should a static demonstration proceed this weekend, the police will not be able to stop it. Instead, they will be able to impose conditions, such as dictating the precise location and timing. People will therefore be able to exercise their right to peaceful protest, although the full force of the law will be enforced if hate crimes, or other crimes, are committed.
Today’s announcement is confined to specific circumstances, but I know that it will excite scrutiny of the wider issue of policing protests. The House will be aware that I have appointed Lord Macdonald of River Glaven to carry out an independent review of public order and hate crime legislation. His review is ongoing, and I will update the House on its findings at the earliest possible moment. I do, however, want to make a wider point about the right to protest in this country.
What I have announced today is narrowly focused on specific circumstances in a unique moment, but it does not alter an enduring fact. In this country, we rightly pride ourselves on our freedoms, including the right to peaceful protest. It is a precious right and one that I revere, as it sets us apart from autocracies of all kinds across the world. This prohibition is therefore limited and specific. It bans marches, but not static demonstrations, in relation to al-Quds Day. Equally, I must add, there is no prohibition on protesting against the plight of Palestinians, and there never will be. Hundreds of protests have already taken place across the country this year in solidarity with Palestinians, and the Met alone has policed 32. Peaceful and lawful protest, whether for Palestine or for Israel, or for any other cause, must be cherished and protected, and this Government will always defend that sacred freedom.
At the same time, as Home Secretary I have a solemn duty—and it is my first duty—to keep the British people safe. I have been presented with the assessment of the Commissioner of the Metropolitan Police that he cannot guarantee the security of our capital and prevent serious public disorder without a prohibition on processions relating to al-Quds Day. I have reviewed his assessment, and it is clear to me that my duty to the public and their safety dictates that I must accept his request. It is right that we prohibit these processions, while continuing to uphold our ancient commitments to the freedoms of which we are rightly proud. That is the balance that I have sought to strike today, and I commend my statement to the House.
My hon. Friend will know that the IRGC is already sanctioned in its entirety. As I say, we do not comment on matters relating to proscription, but we have accepted the recommendations made by Jonathan Hall KC. The Government will take those forward at the earliest available opportunity.
Max Wilkinson (Cheltenham) (LD)
The Home Secretary is aware that we have concerns about her authoritarian tendencies. We have particular concerns about this Government’s enthusiasm for restricting the right to protest and their use of terrorism legislation to proscribe protest groups. The Liberal Democrats place a much stronger weight on the right to peaceful protest than the Home Secretary does. That is her right. The right to protest is a fundamental freedom, and any decision to ban a march must only be made in exceptional circumstances.
On this occasion, however, it is right to take a cautious approach. The Islamic Human Rights Commission has very concerning views on Iran. The organisers of the al-Quds march have expressed support for the late Ayatollah Ali Khamenei, and have claimed that he stood on the right side of history. Clearly, these values are at odds with those of the British public, who would rightly condemn the ayatollah’s oppression of the Iranian people and sponsorship of terrorism across the world. At a time when Iran is putting the safety of British citizens in the middle east at risk with its indiscriminate attacks, it would be inappropriate for the march to go ahead.
Nevertheless, the decision to ban the march highlights a deeper failure by the Government to tackle the underlying threats that fuel such tensions. Labour has dithered and delayed over the proscription of Iran’s Islamic Revolutionary Guard Corps, the organisation responsible for much of the violence and terror emanating from Iran, and for attacks abroad. It is utterly ridiculous that the Home Secretary has already sunk almost £1 million of taxpayers’ money in fighting in court to keep Palestine Action proscribed while dragging her heels on the IRGC’s proscription, even when the independent reviewer of terrorism legislation has urged immediate proscription. Will the Home Secretary commit to confronting the threat of the Iranian regime by immediately proscribing the IRGC? If not, will she give the House a date for legislation?
The House will be pleased to know that I decline the invitation to learn any lessons from the Liberal Democrats—not just on this occasion, but for evermore.
Let me reiterate the point about the IRGC. We will bring forward measures as soon as we can. We obviously have to proceed with care, because these are complex matters, and we have to get the balance right in the action we take. However, we have accepted the recommendations made by Jonathan Hall KC, and the Government are working at pace to move forward with delivery.
The conditions that might be placed on a static protest that may or may not take place are operational matters for the Met police. However, I and the whole House should have every confidence in our police, not just in London but across the country. Police forces have been dealing with a huge increase in the number of protests, the variety of protests and the multiplicity of counter-protests that take place, and I think we should pay tribute to the work day in and day out of our hard-working police officers, who manage to keep our country safe while allowing respect for our fundamental freedoms.
I agree with everything the Home Secretary has said, especially as she is one of the best Conservative Home Secretaries we have ever had! Will she forgive me for asking her to stress just one part of her statement? I have noticed an increasing tendency to say that we should ban marches because we find the views of the marchers thoroughly offensive. Frankly, I find most of the marches in London fairly offensive, because most of them are left wing, but I would defend to the death the right of those people to march. Can she emphasise that there is a very high bar, and that marchers will be banned only if they might incite or cause violence?