Public Order Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Monday 23rd May 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Along with a gentle reminder about the word “you”, may I remind hon. Members that it was suggested earlier that about eight minutes per speaker would be appropriate? I also remind the House that we must keep our language temperate.

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[Zarah Sultana]

No. Many people have told you that, so please just stay sitting down.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill, which is set for its Second Reading in the House tomorrow, has been described by one human rights organisation as an “exercise in denying justice.” [Interruption.] Stop heckling me and just listen—how about that? Thank you very much.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is important that hon. Members do not address one another directly in that way, but I do think that the hon. Lady has said that she is not going to take an intervention at this stage.

[Zarah Sultana]

Thank you, Madam Deputy Speaker.

We also see this in the Police, Crime, Sentencing and Courts Act 2022 and today’s Bill. The first bans “noisy” protest and risks criminalising Gypsy, Roma and Traveller communities out of existence; and the Government are trying to push the second through before that Act is even put into effect, repackaging measures that have already been rejected by Members in the other place.

The Bill will introduce so-called serious disruption prevention orders, which can be used to ban individuals protesting and can even apply to those who have never, ever committed a crime. As the human rights group Liberty states, it amounts to

“a staggering escalation of the Government’s clampdown on dissent.”

It will massively extend police powers to undertake stop and search at protests, including—as many hon. Members have mentioned—without suspicion of any wrongdoing. Police officers themselves seem quite alarmed about that. As one officer says,

“a little inconvenience is more acceptable than a police state”.

As we know, black people are already 14 times more likely to be stopped and searched without reasonable grounds. We can be sure that this new power will be disproportionately used against black and other ethnic minority citizens, including with the predictable effect of deterring people from raising their voice against injustice.

It does not stop there. The Bill’s vague and ambiguous language means that anyone walking around with a bike lock, a roll of tape or any number of everyday objects could be found guilty of the new offence of an intention to lock on, and could face an unlimited fine. These are just some of the measures in the Bill that are clearly aimed at climate campaigners. No one will be happier than the fossil fuel industry and the companies that fund the Conservative party. The Government are attacking our freedoms in order to criminalise those who stand up for a liveable planet for us all.

Conservative Members like to talk about freedom and liberty and make out that they are the champions of democracy and human rights, but a Government committed to freedom do not try to let their soldiers commit torture. They do not let state agents commit sexual violence. They do not deliberately make it harder for citizens to vote. They do not deport refugees to detention camps 4,000 miles away. They do not try to privatise a broadcaster just because of its rigorous coverage. A Government committed to freedom certainly do not crack down on protest and dissent, but that is exactly what this Government are trying to do. We have a name for a Government who do those kinds of things: an authoritarian Government. That is what this Tory Government are, and we all have a duty to oppose them.

[Mick Whitley (Birkenhead) (Lab)]

It says everything we need to know about this Government’s priorities that their first Bill since the Queen’s Speech does not seek to address an out-of-control cost of living crisis, ensure that justice is done for the 1.3 million victims of crime who were forced out of the criminal justice system last year, or indeed deliver any of the people’s priorities. Instead, Conservative Members, who have so often styled themselves as the champions of individual liberty, have lined up today to defend this latest assault on our basic rights of peaceful protest and public assembly.

The Home Secretary has resurrected and repackaged some of the most draconian provisions of the Police, Crime, Sentencing and Courts Bill, which were rightly thrown out by colleagues in the other place earlier this year, and has returned them to this House, but the issues remain the same. The Bill is unworkable, disproportionate and deeply illiberal. The Home Secretary wants to silence the voices of protesters outside this House, but we must ensure that they are heard loud and clear today. We must kill this Bill.

It is not just about a single piece of legislation, but about the direction of this Government as a whole, and the creeping authoritarianism that increasingly characterises their every step. After years of being told that we had to free ourselves from the supposed despotism of the European Union, we now find ourselves subject to the whims of an Administration far more oppressive and contemptuous of dissent than any ever found in Brussels. From the Police, Crime, Sentencing and Courts Act and the Nationality and Borders Act to the Bill before us today, Ministers have come to this House month after month armed with legislation that seems more suited to Viktor Orbán’s Hungary than to a robust liberal democracy.

The right to protest, the right to boycott and even the right to strike seem set for the Tory chopping block. We are forced to contemplate with horror a future in which the rights and freedoms for which earlier generations fought and died have been trampled underfoot. We must not allow that to happen. I plead with colleagues on the Government Benches—there are not many of them here, by the way—and especially with those hon. Members who bemoaned mask madness as a symptom of Government tyranny, but who remain conveniently silent on this issue of actual importance, to join me in the No Lobby today.

Finally, I want to speak out about those environmental campaigners whose actions have repeatedly been invoked as justification for these draconian measures. I have no intention of justifying their tactics or some of their campaigns, which have caused significant disruption and even misery to working-class communities, but I find it interesting that a handful of activists blockading an oil refinery can set the wheels of Government spinning so quickly, while the imminent prospect of breaching the 1.5° global warming threshold musters, at best, empty rhetoric and unrealisable targets from those on the Government Benches.

As the northern hemisphere approaches a summer that is likely to be characterised by record-breaking heatwaves and power outages, I wonder how history will judge a Government who prioritise criminalising climate protesters over tackling the unfolding climate catastrophe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Sarah Jones.

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[Sarah Jones]

I am not sure that today is the right day to be talking about people who have broken lockdown rules. Perhaps the hon. Member has not seen some of the pictures that the rest of us have been looking at this afternoon.

We believe that some of the provisions in this Bill effectively replicate laws already in place that the police can and already do use. There is already an offence of wilfully obstructing the highway. There is already an offence of criminal damage or conspiracy to cause criminal damage. There is already an offence of aggravated trespass. There is already an offence of public nuisance. More than 20 people were arrested for criminal damage and aggravated trespass at Just Stop Oil protests in Surrey. Injunctions were granted at Kingsbury oil terminal following more than 100 arrests, and there were arrests for breaching those injunctions, which are punishable by up to two years in prison—nine people were charged. When Extinction Rebellion dumped tonnes of fertiliser outside newspaper offices, five people were arrested. Earlier this year, six Extinction Rebellion activists were charged with criminal damage in Cambridge. In February this year, five Insulate Britain campaigners were jailed for breaching their injunctions. In November, we saw nine Insulate Britain activists jailed for breaching injunctions to prevent road blockades.

Removing people who are locking on can take a long time and require specialist teams, but a new offence of locking on will not make the process of removing protesters any faster. The Government should look at the HMICFRS report and focus on improving training and guidance, and they should look to injunctions.

I cannot but attack the issue of stop and search and SDPOs. This Bill gives the police wide-ranging powers to stop and search anyone in the vicinity of a protest, such as shoppers passing a protest against a library closure. The Home Secretary said the inspectorate supports these new powers, but the inspectorate’s comments were very qualified and talked of, for example, the powers’ potential “chilling effect”.

Many of my hon. and right hon. Friends talked of the serious problem of disproportionality, as did the hon. Member for North East Bedfordshire, and talked of how these powers were initially rejected by the Home Office because of their impact. Members who have spent many years campaigning on these issues, like my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), pointed to the risk of these deeply concerning provisions increasing disproportionality, bringing peaceful protesters unnecessarily into the criminal justice system and undermining public trust in the police who are trying to do their job.

Our national infrastructure needs protecting. We hear the anger, irritation and upset when critical appointments are missed, when children cannot get to school and when laws are broken. As our reasoned amendment makes clear, we would support some amended aspects of the Bill, but we cannot accept the Bill as it currently stands. The proposals on suspicion-less stop and search, and applying similar orders to protesters as we do to terrorists and violent criminals, are unhelpful and will not work. The police already have an array of powers to deal with such protests, and injunctions would be a better tool to use. We will not and cannot stand by as the Government try to ram through yet another unthought-through Bill in search of a purpose.

I urge all reasonable Members to support Labour’s reasoned amendment, and I urge the Government to focus instead on their woeful record on crime.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the Minister, I remind colleagues that it is extremely discourteous to both Front Benchers not to get back in good time for the wind-ups. It is also extremely discourteous to spend long periods of a debate out of the Chamber. It is important to hear what other people have to say; those who give speeches and then disappear for hours ought to listen to others. That would be the courteous thing to do.

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[Thangam Debbonaire (Bristol West) (Lab)]

On a point of order, Madam Deputy Speaker. Over the weekend and this morning, Government Ministers have said that the meeting between the Prime Minister and civil servant Sue Gray ahead of the publication of her much-anticipated report was instigated by Sue Gray herself. However, this afternoon, No. 10 has conceded that the idea of the meeting came originally from Downing Street. Given the confusion and concern about whether political pressure has been exerted on Sue Gray ahead of her report being made public, could you advise me whether you or Mr Speaker have received any request for a ministerial statement to clarify exactly how the meeting was arranged and what was discussed?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the hon. Lady for her point of order. As she said, she is referring to statements made outside the House—nothing has been said in the House on this subject—and correcting the record on what may have been said elsewhere is not a matter for the Chair. However, I can confirm that the Speaker has not had a request from the Government tonight to make a statement.