Draft Public Order Act 2023 (Interference With Use or Operation of Key National Infrastructure) Regulations 2025

Debate between Rachael Maskell and Sarah Jones

Wednesday 17th December 2025 General Committees

[Sarah Jones]

I thank all hon. Members for their contributions. I am not surprised that there is so much interest in the debate. Animal welfare and the right to protest are two of the most fundamental values of being British, and two things we fight for: we love our animals, and nobody wants unnecessary animal testing—indeed, it is against the law—and of course the right to protest is absolute. As the shadow Minister said, when was were in opposition, much legislation went through about protest, and there was much debate. There is more debate to come on how we manage protest.

I want to consider the two issues separately. The first, animal testing, is obviously a Home Office matter where it involves protest, but I will veer into topics about which hon. Members who have had many years of work in this area will know more than I do. The Home Office is responsible for the licensing of testing; there are 135 places around the country where we allow testing, and there is a very rigorous regime.

As some Members have mentioned, the three Rs system operates under the Animals (Scientific Procedures) Act. There is also a three-tier licensing regime whereby we license the establishment itself, we license the project—the thing that that establishment is doing—and we license individuals. Across the country, thousands of people are licensed. In licensing a project we do a harm/benefit analysis. If it is possible to use any testing other than on animals, it is the law that that should be done. We are really clear on that.

It was mentioned that we have some of the strongest legislation in this space, and we have some of the strongest animal welfare legislation in any country. I am very proud of that, and this Labour Government will continue to protect and defend animal welfare. The reality at the moment, though, is that testing is done on animals in order to produce medicines or vaccines. During the covid pandemic, dogs—which have been mentioned a lot—were not tested for the vaccine, but monkeys, rats and mice were. In that moment of national crisis, we had to produce a vaccine that saved lives. As hon. Members can appreciate, ensuring that we are prepared for a second pandemic is very high on this Government’s risk register. We must ensure that we have what we need in this country; as has been said, if we do not, those things will be done elsewhere—potentially in countries where there are not the stringent rules and laws around animal welfare that we have.

[Rachael Maskell]

It is my recollection that we were locked down during the pandemic when much of this science was being undertaken, so people would not have been able to protest anyway. When we face such extreme circumstances, I think the country understands, but this provision is far broader in scope, and if that is the Government’s intent, I have to press the Minister on why that is not written in the legislation.

[Sarah Jones]

I thank my hon. Friend for her intervention and for her powerful speech, which I respect; I understand where it is coming from. During the covid pandemic there was separate legislation that stopped people gathering, which is why people could not protest at the time. We have had conversations—I know that Lord Vallance in his work has had multiple conversations—with industry in which it has explained that it cannot, in some cases, function and do the things we currently need it to do because of the levels of protest. Some protests are more high-profile than others, but all 135 sites potentially are subject to protests of different degrees.

My fundamental point on animal welfare is that we only use the testing where we absolutely have to. The research that this Government are funding to deliver alternatives, and the strategy that Lord Vallance has brought in, will take us towards a virtual dog that we can use. There is new technology that will get us to where we need to get to, but we are not there yet, and in the interim we need to protect those who are working, so that we can continue to do what we need to do in terms of the production of medicines.

The second element is protest and rights.

--- Later in debate ---

[Sarah Jones]

My right hon. Friend has debated these issues for years, and he is right to defend the right to protest. I know that there have been many years of protests at Heathrow, and that is a way for people to get their voices heard. We are introducing this legislation now because our sovereign capability needs to be protected. We are adding life sciences, but we are not changing any of the thresholds. We are also reviewing legislation across the board on protest and hate crime. Lord Macdonald is doing that for the Home Secretary. That review was prompted in part by recent protests and the conversations we have had with many different groups, including the Jewish community, about protests and how we police them in a measured way.

Members are concerned about how this measure will be implemented and where it will end. That has been raised quite a lot, but this is a relatively small amendment to the legislation. We are not curtailing the right for people to protest peacefully. There will be operational guidance on how it will work through the authorised professional practice from the College of Policing and guidance from the National Police Chiefs’ Council.

It is important to say that we want to work with our police colleagues on this legislation, and that the vast majority of protests are policed brilliantly. Ministers have said in this place before and we will say it again. Where there is interaction between the police and the community groups that are protesting, it is agreed what the route will be, what the parameters will be and what the timescales are. The vast majority of the many protests that happen across the country are peaceful.

There are contentious protests, and it is problematic when where a protest will go has not been agreed with the policing community, but our police are very well trained in this. They will take this legislation and interpret it, but they will be trained to interpret it as well. Public order training is very comprehensive, and I will be monitoring—as will Parliament—how this legislation is implemented.

[Rachael Maskell]

I have to say that, after listening carefully to her speech, I now have even greater concerns about trade unionists taking legal industrial action outside facilities. That would clearly disrupt the infrastructure and the operation of that infrastructure, which would fall under the wording of this legislation. Therefore, we could end up criminalising trade unionists for taking legitimate industrial action because of the disruption it causes—protest does cause disruption, after all.

As a result of that, I think that, as the Labour party—the party of the trade unions—we need to take this incredibly seriously. I am sure that is an unintended consequence, but that is a problem that comes with poorly drafted legislation. I therefore really do ask the Minister to review the detailed wording of the legislation to ensure that that situation could never occur.

[Sarah Jones]

That would not occur. The right to strike is protected in legislation, and it is a defence for a person charged—as it is under the existing legislation. As I have said, this has not changed the parameters of the existing legislation; it has just added a definition. It is a defence for a person charged, and the right to strike is one that people have. I am very happy to write to my hon. Friend with more detail about the specific way that this legislation will work, but I want to reassure her that that is not what would happen in that context.

The two aspects of this debate are the testing of animals and peaceful protest. The parameters of this statutory instrument are about protest. To reiterate, peaceful protest is completely fundamental to our society, and a right that this Government will always defend.