Public Order Bill

Sarah Jones Excerpts

Consideration of Lords message
Wednesday 22nd March 2023 Commons Chamber

[Chris Philp]

I am not sure I entirely agree. The offence of intentionally or recklessly causing public nuisance is set out in section 78 of the Police, Crime, Sentencing and Courts Act 2022, and I do not accept the characterisation of that offence as simply a minor one. Causing huge inconvenience to other members of the public is not something that this House should treat lightly, particularly as we have seen examples in recent protests of ambulances not getting through, and of people unable to get their children to school or to attend medical appointments. I am not sure I accept that characterisation.

A number of changes have been proposed in Lords amendments 6B to 6F. They first propose a higher level of authorisation for suspicionless searches. By the way, the other place is not disputing the principle; it is simply seeking to change some of the thresholds, one of which would involve changing the authority level in a way that would be inconsistent with the use of searches under section 60 of the Criminal Justice and Public Order Act 1994 in other contexts.

Another change relates to the time periods. As Lord Hogan-Howe, a former commissioner of the Metropolitan police, pointed out, the use of the power has to be practical and reducing the time threshold to just 12 hours would limit the ability of police forces to use these powers in a meaningful way. We should take seriously the opinion of the noble Lord who used to be the Met commissioner.

The changes proposed in the other place would also require a chief superintendent to provide authorisation for this matter, when an inspector is acceptable under the existing section 60. I think that overlooks the urgency and speed with which these protests can unfold, and the speed at which decisions need to be made. It also has potential to cause confusion if there is a different level of seniority here, compared with the well-established section 60.

Finally, the amendments proposed in the other place would set out in statute a requirement for the forces to communicate the geographical extent of an order. The Government recognise that communication of any power is important for understanding and transparency. I am aware that most forces already communicate their section 60 authorisations—I have seen that happen frequently in Croydon and it is gratefully received when it happens. But, for consistency, it is important to keep these new powers as close as we can to existing legislation, although the Government encourage forces to communicate any use of this power, in the way they already do for a section 60 order, where it is operationally beneficial to do so. There is a lot to be said for consistency, which is why I respectfully encourage Members of this House to gently and politely disagree with the other place in their amendments 6B to 6F.

[Sarah Jones (Croydon Central) (Lab)]

Stop and search is a crucial tool, as we all agree. Its normal usage is based on intelligence around a crime or a potential crime, based on proper suspicion, and applied for the right reasons. In our country, we use stop and search with suspicion to look for weapons, drugs and stolen property. Under particular circumstances, we use suspicionless stop and search—a section 60, as we call it—to search people without suspicion when a weapon has been used, or where there is good reason to believe there will be a serious violence incident. The Government are introducing suspicionless stop and search for potential protests, an overreach of the law that the police have not asked for and which pushes the balance of rights and responsibilities away from the British public.

Yesterday, we debated Baroness Casey’s report into the Metropolitan police. It is an excoriating report that, among much else, calls for a fundamental reset in how stop and search is used in London. I was pleased to hear the Prime Minister today accept all the findings and recommendations in the report. The report states:

“Racial disparity continues in stop and search in London. This has been repeatedly confirmed in reports and research. Our Review corroborates these findings.”

It is ironic that the day after the report was published the Government are trying to pass laws that risk further damaging the relationship between the police and the public by significantly expanding stop and search powers way beyond sensible limits.

[Kit Malthouse]

The hon. Lady says these measures may damage relations with the public. The vast majority of the public feel very strongly that their lives have been severely impacted by these protests, so giving the police the tools to get ahead of them may in fact command widespread public support, notwithstanding the issues of protest. I wonder what her solution might be to the problem of people who persistently come to protests and glue themselves to all sorts of surfaces, thereby causing enormous disruption to other people’s lives, disproportionate to the issue they are protesting about.

[Sarah Jones]

I thank the right hon. Member for his intervention. We do not disagree on some of the struggles here—we never have. We have never said that it is not a problem in terms of major infrastructure, getting around the country and so on. Our argument has always been, first, a series of existing laws is in place that enables the police to do their job. Secondly, the use of injunctions could have been made easier—we put that case forward in earlier stages of the Bill—so that we could get ahead of some of these problems. But fundamentally, we disagree with the premise that extending these powers, which are used at the moment for serious violence, to this loose definition of potential protest is helpful, or anything the police will necessarily want or use.

Clause 11 will introduce wide-ranging powers for the police to stop and search anyone in the vicinity of a protest, including any of us who happen to walk through the area. The Government’s knee-jerk reaction to introduce sweeping powers that will risk further damaging policing by consent is not the way forward. Members in the other place passed very sensible changes to raise the threshold for the powers in clause 11 to be used. To the Minister’s point that they are not disputing the principle, they have already disputed the principle—we have had that argument and they have, rightly, as is their role, moved on. So they are trying to contain what they think are the problems with these measures. All we ask is that the Government accept these sensible minor tweaks to clause 11.

Lords amendments 6B to 6F would raise the rank of the officer able to authorise the power to stop and search without suspicion for a 12-hour period to a chief superintendent. The Minister argued that we need consistency. I do not accept that argument. There are all kinds of different levels of all kinds of different things across the law that we can all understand. Because this is a more significant intervention for potentially a lesser crime, the amendment is relatively reasonable.

Lords amendment 6C removes “subsection (ii)”, which means the power could be used for the anticipation of “causing public nuisance” such as merely making noise. Without this change, every time music is played outside Parliament anyone could be stopped and searched without suspicion. Baroness Casey suggests that

“as a minimum, Met officers should be required to give their name, their shoulder number, the grounds for the stop and a receipt confirming the details of that stop.”

Lords amendment 6F would insert:

“The chief superintendent must take reasonable steps to inform the public when the powers conferred by this section are in active use.”

That is important because communication failures are a common factor in problematic stop and searches.

A recent report from Crest Advisory, examining the experience of black communities nationally on stop and search, found that 77% of black adults support the use of stop and search in relation to suspicion of carrying a weapon. So, in the poll, the black community absolutely agrees that we need the power to stop and search. But less than half of those who had been stopped and searched felt that the police had communicated well with them or explained what would happen. That less than half of those who had been stopped and searched felt that the police had communicated well to them or explained what would happen shows how important it is to make sure people are communicated with when these strong and impactful powers are used by the police. If we imagine that in the context of clause 11, where anyone can be stopped, including tourists who might have got caught up in a crowd and not know what is going on, there is a risk of a chaotic invasion of people’s rights to go about their business.

We have discussed previously and at length the definition of “serious disruption”. The Minister considers it

“more than a minor degree”.

Would being stopped and searched for simply walking through Parliament Square when a protest is taking place disrupt his day more than a minor degree? The suspicionless stop and search powers being applied to protests are extreme and disproportionate. We have raised many times in this House the warnings from former police officers that they risk further diminishing trust in public institutions.

After the devastating Casey report, it is hard to see how public trust in the Metropolitan police could suffer more. Ministers were unable to offer any solutions to bring the reforms we desperately need in policing, but they could at least try not to pass laws that would risk making trust and confidence in the police even worse. Clause 11 will create powers that risk undermining our Peelian principles even further. When Ministers say that it would only be in very unusual circumstances that the powers would be used, I want to stress, why bother? Why bother, when to deal with disruptive protests the police could already use criminal damage, conspiracy to cause criminal damage, trespass, aggravated trespass, public nuisance, breach of the peace and obstruction of the highway? The Minister knows I could keep going. Many protestors have been fined and many have gone to prison using those powers. Thousands of arrests are already made using existing powers, but the Bill is apparently justified by an impact assessment that says it will lead to a few hundred arrests only. The powers are there for the police to use.

Disruptive protests have a serious impact on infrastructure and on people’s ability to go about their daily lives. Over the course of the passage of the Bill, we have spent many hours on new ways to ensure the police have all the levers they need. We tried to introduce sensible amendments on injunctions. The Government’s response to the problem is a totally disproportionate headline-chasing response that is, depressingly, what we have come to expect. Gone are the days when the Government were interested in passing laws that could fix problems or make things better. The truth is that the Government’s disagreement with the sensible narrowing amendments from the other place will create more problems than it will solve. I urge the Government to think again and to back these common-sense amendments from the other place.

--- Later in debate ---

[Sarah Jones]

On that point, I remind the right hon. Gentleman that every year that the former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), was Mayor of London, the number of stop and searches went down.

[Mr Davis]

I suspect that my right hon. Friend the Member for North West Hampshire (Kit Malthouse) wants to intervene on that point.