Family Planning Clinics: Public Order Legislation

Paula Sherriff Excerpts

Tuesday 7th November 2017 Westminster Hall

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I beg to move,

That this House has considered public order legislation relating to family planning clinics.

It is a pleasure to serve under your chairmanship, Mr Evans. I thank all the people who helped me to come up with the content of my speech, including the British Pregnancy Advisory Service, Marie Stopes International and our local campaign group, Sister Supporter.

I have been the MP for Ealing Central and Acton since the year before last, but I have been an Ealonian for 45 years, and this issue has been bothering me on my patch for the past three decades. It had the eyes of the world on Ealing just last month.

The Marie Stopes clinic in my constituency provides legal NHS abortions. It is on a busy thoroughfare, Mattock Lane, which borders a park. There are a prep school and an amateur theatre on the road, and West Ealing and Ealing Broadway stations are on either side of it, so a lot of people walk through it. In recent years, it has become simply impassable because of the pro-life protesters outside the gates of the clinic, who proposition women on their way in and out with distressing imagery. They have had me seething with rage since the ’90s. For the past two years, Sister Supporter, a counter-protest group, has been added to the mix. I am cheered to see those young women in their pink hi-vis tabards, because at a time when we are told that young people are not interested in politics, they are a shining counter-example of what people can do if they get active.

I find it uncomfortable to go down that street. I take my son to his theatre group there, and when he says, “Mummy, who are those people? What do they want? What are they doing?” it is quite difficult to explain. I will make a confession: I would rather none of those groups be there, because it is the women clinic users who are made to feel degraded.

[Paula Sherriff (Dewsbury) (Lab)]

I thank my hon. Friend for her excellent work on this very sensitive issue. Has she considered the additional psychological impact that the anti-choice protesters have on those women, who may already be traumatised by having to go through the process of a termination? Some of those protesters hand out plastic foetuses and rosary beads, and tell women who are about to go into the clinic that they will be haunted by their baby. Does my hon. Friend agree that that has a significant extra psychological effect?

[Dr Huq]

I completely agree with my hon. Friend’s powerful point. It is perhaps the most difficult decision that those women have to make, and then they have all that moral guilt heaped on them. She rightly describes the visual aids that the protesters bring along. The women’s path is barred and their access is blocked; they are caught up in the crossfire.

This week, there has been talk all over the media about the harassment of women in Westminster, so some of these arguments are familiar. No woman should be in fear of going about their legal daily business, whether that is going to work in the Palace of Westminster or anything else.

[Dr Huq]

My right hon. Friend is absolutely right. I went to the other side of the barrage to speak to the staff of the Marie Stopes clinic, and people call out to them, “Mum, mum!” in a blackmaily type of way. They are caught up in all this, too. They cannot get to work. As we have been saying in relation to the harassment scandal, no woman should be in fear of going to their daily workplace in Westminster, and the same applies to the Marie Stopes clinic and BPAS clinics all over the country. Those women are trying to access totally legal healthcare, and the staff are trying to deliver it.

Last month, Ealing Council passed a motion to prevent harassment outside our clinic, which has been going on for 23 years—I was not keeping count. Women have been subject to intimidation and harassment in what are called vigils. As my hon. Friend the Member for Dewsbury (Paula Sherriff) said, they are told that they will be haunted by the ghost of their baby and are presented with misleading faux-medical leaflets. In the age of social media, the activity has been ramped up. Women are Facebook live-streamed as they come and go from the clinics. Those actions cross a line. They are not about changing the law. That is not protest but harassment.

My local police have long told me that public order legislation is insufficient to do anything about what they describe as a stand-off between the two groups. My friends from Sister Supporter would completely agree that they should not have to be there. If the first part of the problem went away, they would, too.

I am pleased that the Minister is before us today, because as he said on social media yesterday,

“Decisions on future police funding will be based on evidence, not assertion. Thx to all CCs and PCCs who have helped us update evidence.”

I hope he extends that to police practice. I have got some quotes from my local police force, which I will bring up later. I know that he has visited every police force in England and Wales as part of the Home Office’s demand review. I urge him to pop over to Ealing nick—it is not very far away from his seat of Ruislip. He is a near neighbour, constituency-wise.

[Paula Sherriff]

I thank my hon. Friend for giving way one more time. Am I correct in thinking that some of the anti-choice protesters have taken to protesting outside the offices of MPs who are pro-choice, bringing very distressing images and handing out leaflets and other alarming literature? Does she agree that such behaviour is reprehensible?

[Dr Huq]

I completely agree with my hon. Friend, as always. At my office in Acton, a group called Abort67 unfurled huge graphic images of dismembered foetuses, so speaking out against abuse invites abuse. I was in Westminster on that day, but parents complained to me because there are two primary schools in the vicinity of our office and they did not want to walk their kids past all that. My hon. Friend makes an excellent point.

Rather like with the Westminster scandal, there is a sense that things cannot go on as they are. It is unsustainable. The evidence pack that Sister Supporter compiled for the 8 October Ealing Council meeting is a powerful document. It includes statements from residents, photographic evidence, video transcripts and the leaflets that have been distributed by the pro-life lobby, which includes groups such as Abort67, the Good Counsel Network and 40 Days for Life. Their claims have been meticulously fact-checked, and they have been found to be lying, frankly.

I went to the other side of the barrage to speak to the people at Marie Stopes Ealing. The clinic logs every incident. Comments such as “God will punish you” are made to service users. People have been grabbed, their entrance has been prevented and they have been called “murderer”. The plastic foetus dolls, which my hon. Friend the Member for Dewsbury described, are wildly inaccurate. The groups use graphic images designed to shock, and teddy bears—pink for a girl and blue for a boy.

It is not just me who thinks this. Abortion has been legal in this country for 50 years. The week before last, with the help of the British Pregnancy Advisory Service, I compiled a letter that was signed by 112 other MPs from five different parties, including four party leaders. It called on the Government to take action in the wake of the historic Ealing decision. The fact is that 50 years on, women daily have to run a gauntlet to have that procedure done. This is not simply an Ealing issue. It happens in Portsmouth, Doncaster and many other places. It is one of the few issues that has united MPs such as our leader, my right hon. Friend the Member for Islington North (Jeremy Corbyn), and the hon. Member for Richmond Park (Zac Goldsmith). Lots of people were queuing up to sign the letter. Anyone who has a clinic in their constituency is supportive of it, because they know what goes on there. The present system is unsustainable.

Make no mistake: the protesters are implacably opposed to abortion under any circumstances. Their tactics are emotive. As an illustration of the cross-party support for this issue, when the motion came to Ealing Council, every one of the 61 counsellors present, representing three parties, supported it, and just two people abstained. There was a reassuring degree of unanimity. Two Conservatives, who are medics—one a vet, the other a GP—and who fought me tooth and nail in the general election, pointed out that their anatomy classes have told them that the foetus drawings and the dolls are completely wrong, and ditto the bogus science in the information leaflets thrust into people’s hands. The mistruths include the description of how developed the foetus is at 24 weeks—it is shown as having fingernails and things when that is just not the case—and the statement that women get breast cancer as a result of an abortion, which is completely unproven.

I completely get the point about public protest. We have a long and honourable tradition in this country of many legislative changes coming about through protest by people such as the suffragettes, on the right to vote for women—the Levellers and the Diggers. If the Ealing protesters really want to make a point through public protest, surely they should stage it here at Parliament where there are 650 legislators, or at the town hall or somewhere similar. Harassment is not protest; it is unacceptable. Buffer zones are needed to stop the gendered intimidation that is going on. With this debate, I am calling for a durable and lasting solution, because the Ealing idea only goes so far. It is being talked about as a test case, but it must be more than that; it should be the start of a national answer to the problem.

The Home Office identifies three pieces of legislation that cover harassment and intimidation outside clinics, but each of them has gaps and problems; there are grey areas that we need to turn into black and white. The Public Order Act 1986 covers words or images that are “threatening, abusive or insulting”, or people behaving in such a way as to cause “harassment, alarm or distress”, but it does not apply to every case or individual, and does not account for the stress or the coercion of women into non-attendance; women have been found to be simply delaying the decision and having to come back another day when the protestors are not there. That Act is wanting.

The Anti-social Behaviour, Crime and Policing Act 2014 allows dispersal of individuals causing harm or distress, but only for 48 hours. If that had to be done every 48 hours over 23 years, there would be a total of 4,198 police actions; we came up with that with a calculator. That Act is also unsatisfactory.

A public spaces protection order, as proposed by Ealing Council, is more of a local byelaw type of thing that is used against antisocial behaviour, to move on street drinkers or drug dealers. Again, it is temporary and applies only to a certain number of streets. Imaginative use has been made of the order, and I salute Councillor Aysha Raza, who is in the Public Gallery, and Councillor Julian Bell, the council leader: they introduced a PSPO as a last resort to stop the 23-year campaign of harassment, but doing so was a long process. All the evidence had to be gathered, such as videos, clinic logs and testimony, through several years of work by committed volunteers, such as those from Sister Supporter, who would not take a no from central Government. We can do better.

My local police have said that they cannot wait for the PSPO to address the gaps in their powers, but they foresee problems. The pro-life people are often well endowed—from America, we believe—and they have said that when the order is implemented they will stage mass incursions and mount legal challenges. Furthermore, sections 12 and 14 of the Public Order Act have quite a high threshold to demonstrate “serious” damage or disruption and violence.

The Saturday after the council decision, I went with Sister Supporter to Mattock Lane. Many expected some kind of overnight change, but it had not happened because we are at the stage of the eight-week statutory consultation. Instead, there was an almost—I am sorry to put it like this—“West Side Story” stand-off, something like the Montagues and Capulets. There were six police who said to me that they would rather be doing other stuff than guarding women who should be able to go about their legal business in safety. The police recognised the physical and emotional trauma suffered by the women, and said that they would rather be dealing with shoplifting on the nearby high street, engaging with young people on neighbouring estates or carrying out weapon sweeps.

In January 2017, when I asked a question in the main Chamber, I was told that any such situation would inevitably require local police judgment of some sort. Our police in Ealing say that they have limited resources per ward—six police officers ties up the two Walpole ward officers plus four from outside, so that whole neighbourhood team is deployed to that one place. They say they would rather the protests were moved away from the gates of the clinic so a woman could get a taxi there and go straight in. With a radius of 150 metres or something like that, the protestors could not stop everyone at the perimeter.

The officer I spoke to said: “I recognise the right to protest. It is not an offence, but the turmoil from calling ‘mummy, mummy’ to someone at the 11th hour is not constructive or useful.” He said that both groups have perfected what they can and cannot do. The argument is often that no prosecutions have taken place for 23 years, but that is because people know how to operate within the law. Also, women often do not want the hassle of giving evidence for a prosecution, which is similar to what is happening in the Westminster harassment scandal.

The police want the protests moved away from the venue so that the “angst” would not be there and so that they would not be policing the two sides from “coming to blows”. They also raised the issue of better funding and resourcing: in the words of that same beat officer, “It is difficult to pull your boots on if you don’t feel supported and appreciated.” The Minister wished for evidence on the ground, so I have brought him some today.

[Paula Sherriff]

When the Minister responds, will he address the fact that his Government recently awarded an anti-choice charity called Life £250,000 from the tampon tax fund in what I believe is the largest award? Life’s website previously referred to termination as “murder”. I understand that the award is for specific activities, although one of the chief executives of the charity told me that if they were helping a woman who decided to go on and have a termination, they would withdraw any support from her, including housing. Particularly given the language that Life uses, is it helpful for the Government to fund such charities?

[Dr Huq]

I am interested to hear that. I have seen the story on social media—although I have not seen the detail—and like my hon. Friend, I am waiting to hear what the Minister says about that anomaly.

Ealing has been talked about as a test case, yet local government has suffered in the past 10 years. Ealing Council has had a cut of £168 million—half its operating budget—since 2010. Everyone is trying to do more and more with less and less. That is why we need a national solution at a time of unprecedented austerity in local government. The attacks on the budgets of police and local government make me think that the best solution is a national one, with new legislation to tackle this ongoing gendered street harassment—that is what it is. It is about shaming women for choices they have made. No outside person can know why they made that choice; it may be for myriad circumstances. It is about controlling women in a horrible, public, misogynistic fashion.

Other criticisms I have heard of PSPOs is that they involve an arduous process. The burden is on the council to introduce the order and the police to enforce it. The conditions must be clear and well worded, so some direction from the top would be ideal.

The weight of expert opinion is substantial, even for a Government some of whose members have at times said they have had enough of experts. The law journal Legal Action concluded:

“Speaking to both sides on this issue, it is apparent that there is little or no common ground…The vote by Ealing Council, though, is one clear indicator of how out of step with mainstream…public opinion”

the anti-abortion protesters are. It cites precedent from Victoria in Australia, where there is a 150-metre radius zone around such clinics. There are also examples from 14 American states, France and Canada.

The BMA wrote to me only today to raise its concerns about intimidation of patients and staff outside facilities. That is the British Medical Association, not the Socialist Workers Party or anyone like that. It says that it has raised the issue with the Home Office and the police, but continues:

“Unfortunately, their responses have not reassured us that the situation is being adequately addressed.”

It talks about the “intimidating manner” in which views are professed outside abortion services, especially as women may feel vulnerable already. It says that the staff are providing a “lawful and necessary service” and continues:

“We are…pleased…that you have secured the debate this afternoon, and we hope it will provide an opportunity”

to address the issues.

Other groups that support the campaign include the Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the End Violence Against Women Coalition, Women’s Aid, Mumsnet, the Family Planning Association and, as might be expected, Marie Stopes International. In fact, in a YouGov poll released today, 57% of MPs supported the Ealing approach to exploring the options for introducing a buffer zone, and only 24% were against. Petitions need to have 1,500 signatures to be brought to the council and debated; this one had an unprecedented 4,000 signatures, which shows the weight of public opinion in Ealing.

As a civilian in Ealing I have witnessed the situation for 43 years, and since becoming an MP, many people have contacted me. One said, “These protestors have become a permanent and unwelcome intrusion into our close knit, diverse and tolerant community.” Cars hoot their horns in support of Sister Supporter. Someone from a house opposite said, “I’m trying to put my baby to sleep”—we do not necessarily think about such things. People now swerve to avoid that road—that is what it has turned into. People do not want to go there because of this ugly situation. How are we doing for time?

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

I am grateful to the hon. Member for Ealing Central and Acton (Dr Huq) for how she has spoken on this very difficult and sometimes emotional issue, but I believe that it is my duty to offer another point of view, so that Parliament hears both sides of this difficult issue. I would hope that the hon. Lady would listen to women who have benefitted from help from groups outside abortion clinics, who would be denied that help if buffer zones were imposed around those abortion facilities. I want to ask the hon. Lady whether she has talked to those women who say that they have benefitted from the offers of help by those groups outside the Marie Stopes abortion facility. If not, surely both sides of this story deserve to be listened to. It is very important that we listen to both sides. How does the hon. Lady account for the fact that if harassment were really occurring outside these facilities, it would be perfectly possible for Marie Stopes to call the police, yet we see no ongoing prosecutions for harassment or instances where police powers to disperse crowds have been used? I would have thought that it would surely be easy and common for the police to intervene if harassment were indeed occurring.

[Paula Sherriff]

The hon. Gentleman is very generous in giving way. Has he considered that the women going into those clinics will have spent many weeks, and potentially months, making their minds up? I am not aware of any specific help that they are given outside those clinics by people holding things such as rosary beads or giving them pictures of dismembered foetuses and things like that. I would be surprised if that would aid them in coming to a different decision.

--- Later in debate ---

[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.