Police, Crime, Sentencing and Courts Bill

Rachael Maskell Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

Tonight, I pay my respects to the life of Sarah Everard. As she grew up in York, her loss is deeply felt by me and my community.

Extraordinary liberties have been relinquished to ensure that we kept safe during this last year, but when our liberties are stolen—and, I say this as a woman, at the very time we need them most—the measures in the Bill can only be described as repressive. We have a justice system that is institutionally discriminatory against women; that does not secure high-quality representation for them, that fails to prosecute the most heinous of crimes, that delays cases for years without survivors being able to access vital and necessary trauma services, and that completely fails to keep women safe. The Home Secretary was remiss in her opening speech, since the Bill fails women, fails society and fails to advance our justice. Now is the time when we need to take to the streets and reclaim them, yet the Bill threatens to criminalise us for using our power to force Government and their institutions to change. With economic, social and environmental failure, it is our duty to enable people to exercise their rights, but part 3 of the Bill restrains them.

Let me move on to part 4. I shudder at how the Government are drawing on the darkest periods of history by criminalising Gypsy, Roma and Traveller communities. This demonstrates that the hostile environment continues to fester in the Home Office, and it must be called out.

Before I close, I want to focus on clause 45. I have made a number of representations to Justice and Home Office Ministers, so they will know what I am about to say. It is not just in sport and religious settings where young people have been groomed and abused. My constituent received private tuition—music coaching—and was groomed for two years before being raped. Her case was one of the 99% of rape cases reported, but not prosecuted. Her perpetrator, now known for sexual impropriety, had no DBS check. If he had, she would have been safe. She was failed, and the Bill fails her and many more. All private tuition settings need full safeguarding checks and measures to be introduced. Secondly, host families of international students accommodate young people of different cultures and language. They need the protections covered by clause 45 too. I trust that the Minister will support such amendments.

The Bill is woefully insufficient when it comes to protection yet overtly hostile in disallowing people their rights and their voice. I came to this Parliament to fight for equality, protect the rights of my constituents and advance justice. It is unconscionable not to stand in the way of the repressive ideology advanced in the Bill. I call on the Government to think again and I will vote against the Bill.

Police, Crime, Sentencing and Court Bill

Rachael Maskell Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Sarah Jones]

I thank the right hon. Gentleman for making that good point and I welcome the amendments that he has tabled to this section of the Bill. The Opposition want clauses 55 to 61 removed from the Bill and we want to protect our right to protest.

[Rachael Maskell (York Central) (Lab/Co-op)]

When I spoke to my local police about these clauses, they were really concerned that policing by consensus will be replaced and drive protests into more conflict, and therefore, for them and for us, it is a negative step.

[Sarah Jones]

That is a very good point. The Peelian principles—the people are the police and the police are the people—are very important. I know the police value that careful balance between them and the public and where consent is and how powers are drawn. We strongly believe that these powers go too far.



Part 4 on unauthorised encampments represents an attack on the Gypsy, Traveller and Roma communities and their whole way of life. The police are clear that they do not want these powers. Martin Hewitt, head of National Police Chiefs’ Council, said in Committee that he strongly believes that

“the fundamental problem is insufficient provision of sites for Gypsy Travellers to occupy, and that that causes the relatively small percentage of unlawful encampments”.––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 15, Q20.]

The police already have extensive powers in the Criminal Justice and Public Order Act 1994 to move on unauthorised encampments. As at January 2020, just 3% of Gypsy and Traveller caravans in England were on unauthorised encampments. We know that there are high levels of prejudice and hate towards Gypsy Traveller communities. Even on this Bill Committee, one Member made an incredibly prejudiced and offensive remark. We have asked this of the Government before, and we will keep on asking: under the provisions in part 4, what would happen to a Traveller family in a single vehicle who are residing on a highway and have nowhere else to go?

Police, Crime, Sentencing and Courts Bill

Rachael Maskell Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

Of course we are not closing down protest. The right hon. Gentleman is right that people have a fundamental right to dissent, to protest and to make their views known in the public sphere as they do in the private sphere, but, as the House of Lords and the European Court of Human Rights have said, the right to protest is not unqualified, and I am afraid that, in the last couple of years, we have seen protestors using tactics that are massively disruptive to other people’s lives. People just wanting to go about their business have been so frustrated that they have been leaping out of their cars and taking things into their own hands. We have seen protestors running on to the fast lane of motorways, causing danger to themselves and motorists, and distracting police officers from stopping people from being stabbed or burgled in all our neighbourhoods. We have a duty to address that, and the role of the House and that of the police is to strike a balance between competing rights. That is what we do, and that is what we are trying to do with these modest measures.

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister give way?

[Kit Malthouse]

No. I have given way lots of times. There will be many speakers, and I do not want to use up all the time. We have only got until midnight to get through all of this stuff. I will move on from the noise powers, which, as I say, we think will be used only in exceptional circumstances but must be available given changes in amplification.

Lords amendment 80 would prevent the alignment of the police’s ability to place conditions on public assembly with their existing powers to place conditions on public processions. HMICFRS found that a distinction between processions and assemblies was no longer appropriate. In the light of the practical challenges of safely policing protests, there is an unjustifiable inconsistency in the current law. When does a procession become an assembly and vice versa?

Lords amendments 74 to 79 implement a recommendation to the Delegated Powers and Regulatory Reform Committee to the effect that the term “serious disruption” should be defined in the Bill rather than in regulations. I trust that the amendments have allayed the concerns raised by my right hon. Friend the Member for Maidenhead (Mrs May), who is not in her place, in our previous debates on the matter.

I am afraid that Lords amendments 81 and 82 arise from a misunderstanding of the effect of the provisions in clause 58, which are designed, in the words of the Joint Committee on Human Rights, to protect the rights of access to the parliamentary estate for those with business there. The changes to the Police Reform and Social Responsibility Act 2011, which governs prohibited activities in the vicinity of Parliament, will not prevent protests outside Parliament, nor will they prevent the Greater London Authority from authorising assemblies outside Parliament. Clause 58 will simply enable a police officer to direct an individual to cease or not to begin obstructing the passage of a vehicle into or out of the parliamentary estate. That is extremely important for those who are disabled or otherwise need a vehicle to access the estate, either to work here or to exercise their democratic rights. We expect police officers to use their sound judgements to determine when it is appropriate to make use of the power, and I do not see how it can lead to a prohibition of any kind on protests outside Parliament. Lords amendments 81 and 82 are therefore unnecessary.

Lords amendment 88 is a stripped-out version of the Government’s proposal to increase the maximum penalty for those who obstruct the highway. It would limit the increase in the maximum penalties to the obstruction of the strategic road network. Many major roads lie outside the SRN; indeed, some 98% of all roads in England do not form part of it. Were we to limit the increase in the maximum penalty in that way, protestors could continue to cause extensive and wholly disproportionate disruption to commuters and parents dropping their children off at school without facing sentences proportionate to the harm they have caused. Amendment (a) to Lords amendment 88 will ensure that the full extent of our road network is protected with the increase in maximum penalties.

--- Later in debate ---

[Sarah Jones]

I absolutely agree with my hon. Friend, who put it so well.

[Rachael Maskell]

Protests occur so that people can be heard, and if people need to be heard, they need to make a noise. I was particularly struck over the weekend not only by the masses who have stood up against an authoritarian state, but by the actions that the police have had to take against those people. If we are to criminalise people for exercising their rights, is that not just going down the same path?

[Sarah Jones]

My hon. Friend is right: this is about getting the right balance. We believe that the measures in part 3 of the Bill already threaten that careful balance by putting too much power into the hands of the Home Secretary, undermining rights, and hindering, rather than helping, the police to do their job. Labour’s Lords amendment 73 therefore focuses on the imposition of conditions related to noise on public processions. It would omit subsections (2) and (3) from clause 55, which broadens the circumstances in which conditions can be imposed by a senior police officer based on the noise generated by the people taking part and the impact that that has on the people in the area. Essentially, part 3 provides a trigger for imposing conditions on public assemblies, public processions and one-person protests if a protest is too noisy. The Opposition want those provisions removed from the Bill.

We also support Lords amendment 80, which was tabled by Lord Paddick and removes clause 56 from the Bill altogether, and we urge hon. Members to vote for Lords amendment 81 to ensure that permission can be granted for major protests in Parliament Square despite new rules on obstructing vehicle access.