Public Order Bill

Rupa Huq Excerpts

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Sir Charles Walker]

We are so lucky to benefit from my right hon. Friend’s wisdom, which has been built up over a 30-year period, and I thank him for making that important point.

I know that you want Members to make brief contributions, Madam Deputy Speaker, so I will conclude. We are at this point, because we criminalised protest during the covid pandemic, and the Chamber did not push back when the Executive did that. We are paying the price. It is all very well being wise after the event. I have always believed that protest was a right, but I was mistaken because rights cannot be taken away from people. Actually, protest is a freedom, and we discovered that during the covid pandemic, when people up and down the country gathered in small town centres and village squares to protest at the restriction on their freedom, perhaps to earn a living as artists and performers. They were often rounded up by the police and arrested. At the time, many of us warned that once this poison was in the country’s bloodstream it would be difficult to get it out. I am deeply disappointed that the Chamber went missing in action for so long. We allowed the Executive, as I say, to get away with appalling abuses of our unwritten constitution, and we are now paying the price for that. I do not think that we should do that, and I will certainly vote against the Government’s attempts to strike out the Lords amendment.

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

There is lots to consider today. I share the concerns that have been expressed about things like stop and search and locking in. Those things go too far. I want to concentrate on Lords amendment 5, which would introduce an

“Offence of interference with access to or provision of abortion services”,

which is a perfectly sensible thing to do. The Lords, particularly the Conservative peer, Baroness Sugg, have done a great job in tackling what are called, rather clunkily in clause 9, buffer zones, and making them into safe access zones. I therefore urge colleagues to support Lords amendment 5 unamended tonight.

Were it not for the actions of anti-choicers, the amendment would not be necessary at all, but something must be done when, every week nationwide, 2,000 women seeking lawful medical treatment find themselves impeded on their way to the clinic door by unwanted individuals. Now, those individuals would not call themselves protesters; they may just be silently holding a sign, lining the pavement with images or holding rosary beads, but given the slogans on those signs, and the ghoulish images of foetuses, and given that the whole intent of all of that is to shame these women, guilt trip them and stop them exercising their bodily rights—

[Eddie Hughes]

Will the hon. Lady give way?

[Dr Huq]

I don’t want to eat up time. There are a lot of people and I’m in the middle of a sentence, so, no, I will not give way right now.

[Eddie Hughes]

Will the hon. Lady give way at the end of her sentence?

[Dr Huq]

I know that the hon. Gentleman is jumping up and down, thinking, “Red light here,” but if he will allow me to develop my point, I will be happy to debate with him.

Okay, these individuals do not call themselves protesters—they are not those angry young radicals—but the whole point of these actions is to deter, to dissuade and to knock off course those women who have made a very difficult decision, and probably the most agonising decision of their lives. We could therefore call it obstruction.

In 2018 in Ealing, my home patch, I went and saw the evidence logs of our Marie Stopes clinic. It was not just women users of the clinic but women practitioners—medical professionals—describing how they had to run a daily gauntlet just to get to work or to have a completely legal procedure.

Five years ago, our council became the first in the country to introduce a public spaces protection order buffer zone, and protest still occurs every day. I heard the catastrophising of the hon. Member for Northampton South (Andrew Lewer), but he should come to Ealing and see that it has just moved a set number of metres down the road so that it is not right in front of the clinic gate and women can get in and have their procedure without people in their face and without any kind of influences.

Within that, I include Sister Supporter, a pressure group known for its members’ pink high-vis jackets. Towards the end of 2018, they were accompanying women into the clinic because people felt afraid to go on their own. It is an upsetting enough experience as it is without all these layers on top.

[Ian Paisley]

Will the hon. Member give way?

[Dr Huq]

Okay, I will give way now.

[Ian Paisley]

I thank the hon. Member for giving way. The issue of “for or against abortion” is really not what we are debating here today, but I want to know, loud and clear, whether the hon. Member believes that, if a person is engaged in silent prayer, that person should be arrested.

[Dr Huq]

Well, I would say to the hon. Gentleman that there is a time and a place for everything. Regarding prayer, does it have to take place literally outside the gates of the clinic at the moment that these women, in their hour of need, are seeking their treatment? Is it necessary for it to take place at that place at that moment? I would say that, no, it is not.

We had this argument over the vaccination centres, didn’t we? The anti-vax people would try to deter people from getting in the door. Everyone should be able to seek lawful medical treatment—this procedure has been legal in this country since 1967—without interference. That is what I believe. It is public highway issue as well.

As I say, Sister Supporter, our local campaign group, wishes that it did not have to be there—and it does not, now. The problem is that only three other local authorities have followed that PSPO route, because they have enough on their plate without that onerous process and without the threat of a legal challenge. In Ealing, it has been upheld three times—in the High Court, the Court of Appeal and the Supreme Court.

The other week, the Prime Minister was challenged at that Dispatch Box—I had a question that week as well—by someone raising a case from Birmingham. He said that, yes, we do accept the freedom of thought, conscience and belief, but that, at the same time, there are freedoms of women to seek legal treatment unimpeded and uninterfered with, and we have to balance the two.

[Carla Lockhart (Upper Bann) (DUP)]

Will the hon. Member give way?

[Dr Huq]

I want to carry on for a minute, actually.

Some of the tactics that such people employ include live-streaming, filming and uploading to Facebook, despite there sometimes being a violent ex-partner in the background. I do not disagree with praying or informing, as I think people call it, but there is a time and a place for everything. That informing should take place at the GP surgery down the line.

The hon. Member for Northampton South said that the police are being made into a laughing stock, but our police in Ealing welcome the measure because it frees them from patrolling two different groups outside the clinic, so they can fight real crime. There is real crime out there.

Anyone should be able to use medical services without navigating an obstacle course of people trying to impose their view of what is right on the process to dissuade and deter. Even the reviled Iranian regime got rid of its morality police, so why do we allow them here?

[Christine Jardine (Edinburgh West) (LD)]

The hon. Member is making a good and powerful point. Several people have written to me about the Bill with varying views. Does she agree that there is a huge contradiction in people saying, “We have a right to protest in buffer zones,” yet denying women the freedom of choice for themselves? At that point, it is not protesting but bullying and harassment. That is the difference.

[Dr Huq]

I completely agree. These things are always subjective, so someone might say, “I’m just praying. I’ve just got some rosary beads,” but the woman seeking the treatment is traumatised for life. It is often a traumatic experience in the first place.

[Hannah Bardell (Livingston) (SNP)]

The hon. Lady is making an excellent speech. Does she share my frustration at the number of men who have stood up in this Chamber and pontificated when they will never have to make that choice? They are telling women that they should put up with being harassed when they are just seeking healthcare. [Interruption.] I have heard a number of men in this Chamber shouting down women, but perhaps they should pipe down and listen to our perspectives, because none of them will ever have to go through it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is important that we do not personalise the issue. That goes for everybody in the Chamber.

[Dr Huq]

I completely accept what the hon. Lady just said. As a woman, Madam Deputy Speaker, you know that, if any woman present in the Chamber were walking down a dark alley, they would shudder if someone was there. That feeling is magnified x amount of times for women having that difficult and distressing procedure when people determined to stop them having a termination are in their path. Those people can have their say, but let us move them away from the clinic door.

Buffer zones are not outlandish. They exist in France, Spain, Canada, Australia and some US states. In Ireland, they are legislating on them at the moment. We will be out of step with the rest of the UK, because a Bill is being brought in in Northern Ireland and a private Member’s Bill will become law this year in Scotland.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I apologise to my hon. Friend the Member for Northampton South (Andrew Lewer), because His Majesty the King was visiting my constituency today, so I arrived back too late to hear him propose the amendment. It is worth pointing out, however, that both Houses have now voted heavily in favour of the principle of buffer zones. We have to understand the passions behind what is proposed, but it is not really a relevant amendment that advances the argument. In fact, it tries to set the argument back against what both Houses have already decided.

[Dr Huq]

The hon. Gentleman and knight of the realm makes a completely incontestable point. When we last voted on it in this place, we voted in favour by almost 3:1. In the other place, the vote was taken on voices, because the support was overwhelming. Hon. Members should not fall for a wrecking amendment; they should reject it.

This is about not the rights and wrongs of abortion—that question was settled in 1967—but the rights of women to go about their lawful daily business. It is not even a religious issue: the Bishop of Manchester in the other place made a barnstorming speech on the day.

As we said after the tragic killing of Sarah Everard, she was only walking home. Women should be allowed to use our pavements unimpeded. We saw the re-sentencing of her killer yesterday, so it all came back, and sadly, Sabina Nessa and Zara Aleena have been killed since. We cannot stand by, do nothing and say, “This is all okay.” It is obviously not, when 10,000 women a year are affected. Who could argue with safe access? I urge hon. Members to support Lords amendment 5 unamended.

[Sir John Hayes]

I was elected to this place in a free and fair election, and I come here and say not what I am asked or told to, but what I believe. Similarly, my constituents make representations to me in a free and open way, fearlessly. They sometimes agree with me and they sometimes disagree. Part of the glory of our democracy is that we can exchange views, we can learn from others, and we can disagree openly, fairly and, as I have said, without fear. That would once have been taken as read as a way of describing not just this place and our representative democracy, but the character of a free society in which we are all proud to live.

--- Later in debate ---

[Danny Kruger]

The difficulty is with the private prayer—the silent prayer; that is what we are trying to protect. If the person is standing offensively in somebody’s face and trying to obstruct their access, of course they will come within scope. We are trying to protect people such as the lady who was standing quietly at the side, praying to herself, as far as we know. She might have been thinking about her shopping, but that was what the police were interested in; she was asked, “What are you doing standing over here quietly?”.

I am afraid to say that there was always going to be difficulty with this new law, because the police are going to be required to make all sorts of strange interpretations and judgments about why somebody is doing something. Nevertheless, in passing a law to create these zones we must consider people who are doing this utterly inoffensive thing, standing quietly at the side praying.

[Dr Huq]

Let me just give the hon. Gentleman the example of Ealing, where we have had our zone since 2018—this is now its sixth year. Only three breaches have occurred and none has resulted in a conviction, because these people are usually law-abiding. Only one came close—I think it is still being legislated on and is probably sub judice—because it was done as a stunt. In reality, these things do not occur. People can pray elsewhere, and every royal medical college, including the Royal College of Obstetricians and Gynaecologists, as well as the British Medical Association and all medical opinion support this measure.

[Danny Kruger]

Okay, well, I will wind up now, because I think the point has been well rehearsed. My concern is with the principle we are setting here. Of course, everyone must have sympathy with these women, and we need to protect them from harassment, but where does this lead and what we are doing by saying that people should not be allowed to pray quietly on their own?