Public Order Bill

Debate between Sarah Jones and Paul Bristow

2nd reading
Monday 23rd May 2022 Commons Chamber

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to follow all the contributions that have been made today.

As you know, Madam Deputy Speaker, and as many of my hon. Friends have said, we were disappointed with this Queen’s Speech. It was a missed opportunity to tackle the cost of living crisis, to tackle climate change and to attack the very real problems of crime. The long-awaited victims Bill has yet to make its way to the Chamber but, if the Government were serious about governing in the interests of the people, that Bill might have been at the top of their agenda. There was nothing in the Queen’s Speech to turn around the collapse in prosecutions or the rise in crime, nothing to tackle violence against women and girls, and nothing to prevent neighbourhood crime.

This is a Government with no guiding principle, searching for anything to show a sense of purpose where there is none. What are this Government for? What good have the last 12 years brought us? That is a question for another time, but the hotch-potch of Bills in this Queen’s Speech tells its own story.

The Public Order Bill largely rehashes what we saw in the Police, Crime, Sentencing and Courts Act 2022, which—as my hon. Friend the Member for Coventry South (Zarah Sultana) and others have pointed out—was rejected by the other place. Moreover, it arrives before the protest clauses in that Act have come into effect, which in itself seems slightly peculiar. Perhaps introducing the statutory instruments to put those clauses into law would have made more sense, but I am not sure that sense is a guiding principle of this Government.

The problem that the Bill seeks to solve is the need to ensure that vital public infrastructure is not seriously disrupted to the detriment of the community and our national life, while also ensuring that the rights of free speech and public protest are protected. The Opposition believe that it manages to deliver neither of those things. A starting point must be to ask: what are the basics that the police need to equip them with the tools that they need to manage protests in the minority of cases that lead to lawlessness or violence? Let me tell the House about the basic pillars.

[Paul Bristow]

Will the hon. Lady give way?

[Hon. Members]

No! Keep going.

[Sarah Jones]

I hear heckling. I will keep going for a minute. Perhaps the hon. Gentleman will listen to my pillars, and then see if he still wants to intervene.

First, we need the police numbers to be able to deal with protests. The policy of the Conservative party, which was to cut more than 20,000 officers, thousands more police community support officers and thousands of police staff, did precisely the opposite. Specifically, there are not enough protester removal teams across the country, as the inspectorate pointed out in its report on policing protests. Why not do something about that? Secondly—this too was highlighted in the report—the police across the board need effective training in the law and in policing protests so that they can use existing legislative processes. The inspectorate said:

“Non-specialist officers receive limited training in protest policing.”

According to the Police Foundation, over the seven years up to 2017-18, 33 forces reduced their budgeted spending on training in real terms by a greater percentage than their overall reduction in spending. Forty per cent. of police officers say that they did not receive the necessary training to do their job. Why not do something about that?

Thirdly, we need to give the specialist teams the tools that they need to be effective at prevention and de-escalation. I recently visited the brilliant mounted police branch team in the Met. The mounted police are an important part of the policing of protests and other events such as football matches, but they too have been cut across the country, not just in the Met. Why not do something about that?

Finally, when the police do press charges, they want to be sure that those charges will be followed through. There is no deterrent in a system that never sees cases go to court, but we are told by the police and by the inspectorate that the Crown Prosecution Service often has to drop cases because of huge court delays. Why not do something about that?

The Government have taken away the tools that the police need to manage protest. How can they claim to take this issue seriously?

[Paul Bristow]

I have been listening carefully to the hon. Member, and she is making an interesting speech, but would she agree with some of her own Back Benchers on this? For example, the hon. Member for Coventry South (Zarah Sultana) said that the Police, Crime, Sentencing and Courts Bill would marginalise Roma and Traveller communities out of existence, and the hon. Member for Cynon Valley (Beth Winter) said that this Public Order Bill was a threat to religious gatherings. Does the hon. Member agree with those two points?

[Sarah Jones]

The hon. Gentleman is talking about the Police, Crime, Sentencing and Courts Act 2022, which we on this side of the House opposed, in part because of its punitive measures against the Traveller community—so absolutely, yes.

We think that this Bill does not strike the right balance on protests and that it is not the most effective way to stop significant disruption of our national infrastructure. The right to protest is a fundamental right and a hard-won democratic freedom that we are deeply proud of. We will always defend the right to speak, to protest and to gather, but there is a careful balance to be struck between those rights of protest and the rights of others to go about their daily lives. Much of the debate today has been about that balance.

We heard from the hon. Member for Cities of London and Westminster (Nickie Aiken) about the disruption caused in her constituency. We heard from the hon. Member for Ashfield (Lee Anderson) about attending the miners’ strike. We heard from my right hon. Friend the Member for Hayes and Harlington (John McDonnell) about the expansion of Heathrow and the desperate plight of people in his constituency. We heard from the hon. Member for North East Bedfordshire (Richard Fuller) about how we can ensure that protest is not used as a cover for criminal activity. We heard from my hon. Friend the Member for Battersea (Marsha De Cordova) about the importance of protests in the context of rights for people with disabilities. This is a genuine debate, and it is the right one to have. We know that the Prime Minister values the right to protest, as he said that he would lie down in front of the bulldozers to stop a third runway at Heathrow airport.

But some protests tip the balance in the wrong direction. Protest is not an unqualified right. Campaigners who block people from reaching relatives in hospital, marches that close down entire towns and oil protests that prevent people from crucial travel raise a valid concern, which is why we have tabled a reasoned amendment to the Bill. Our approach, rather than seeking to restrict people’s rights beyond the point of reasonableness, is to establish a swifter process for seeking an injunction to prevent disruption to vital national infrastructure. That would be a more effective prevention tool and, as my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said earlier, it would have the advantage of giving judicial oversight, which would safeguard rights.

If protesters are causing a huge amount of disruption to the supply of essential goods and services such as oil or medical supplies, an injunction is more likely to prevent further disruption than more offences to criminalise the conduct after the event. Injunctions are more straightforward for the police. They have more safeguards, as they are court-granted, and they are future-proofed for when protesters change tactics. We would include emergency health services in vital national infrastructure, and we would also ensure proper training, guidance and monitoring on the response to disruptive protests, in line with the inspectorate’s recommendations, so that we could use the existing legislation effectively.