Public Order Bill

Debate between Sarah Jones and Bernard Jenkin

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Sarah Jones]

I do not agree with that interpretation at all. We have public space protection orders around some abortion clinics now, and we are broadening that out. That has been voted for twice, in this House and in the other place. I believe very firmly that the changes proposed in amendment (a) would risk preventing people from getting the medical support they need. Let me explain why.

I am a person of faith. I have also walked into an abortion clinic. I pray, but I also know how intimidating it is to walk past people silently standing there with signs trying to communicate, trying to pray, trying to persuade women to change their mind. It is a balance that we strike in this place between a woman’s right to privacy and healthcare and everybody’s right to go about their business and do what they choose. This place has already struck that balance.

I will explain why I also believe the proposal would not work. It goes way beyond silent prayer. Amendment (a) states:

“No offence is committed under subsection (1) by a person engaged in consensual communication”.

What is “consensual communication”? How on earth can we define it? Members have said women should not be harassed. Everybody agrees with that, but one person’s consensual communication is another person’s harassment. We have taken some legal advice on the amendment. The Government, when considering whether to support it, should look at the wider implications it might have.

[Sir Bernard Jenkin]

Just to make the obvious point, the whole purpose of the buffer zones legislation is to create an exclusion zone around abortion clinics so that people with views they want to express about the subject of abortion clinics will not be in contact with people going to use those services. Amendment (a) would drive a coach and horses through that whole process. The way it is worded would mean that people would be protected from accusations of harassment, because their actions

“shall not…be taken to be…harassment”

whatever they may actually be doing, so long as they can call it silent prayer. That drives a coach and horses through what the House of Lords compromised on and what the House of Commons originally agreed to vote for and approve.

[Sarah Jones]

The hon. Member is completely right. The amendment also risks driving a coach and horses through all the protests legislation. If I am standing outside Parliament protesting and being annoying and loud, the police may want to intervene, but I might say, “Actually, I’m silently praying. Are you going to tell me I’m not?” How far does the amendment ride roughshod over all our definitions of protest? That is a question that the hon. Members who support it have not considered.