Police, Crime, Sentencing and Courts Bill (Ninth sitting)

Siobhan Baillie Excerpts

Committee stage
Tuesday 8th June 2021 Public Bill Committees

[Victoria Atkins]

It is, as always, a pleasure to serve under your chairmanship, Mr McCabe. It is a pleasure to appear opposite the hon. Member for Enfield, Southgate. He did a fine job in the temporary absence of the hon. Member for Croydon Central.

I welcome this debate because it is only in a Public Bill Committee that we get the chance to scrutinise a piece of legislation line by line, word by word, as has been amply demonstrated this morning. Second Reading is important, of course, but it simply does not provide the time for this sort of back and forth about the Government’s intentions behind each line of legislation, and indeed the intended consequences, so I genuinely welcome this approach..

I also very much welcome the constructive views that have been put forward by Opposition Members in relation to this part of the Bill, because it goes without saying, of course, that it is our job as a Public Bill Committee to do this. It also demonstrates the important role that this place plays in scrutinising legislation and holding the Executive to account.

I note that there are some misunderstandings about what the Bill entails, and I very much welcome the opportunity to correct some of those, in a way that I hope and expect will reassure Committee members. Hon. Members have made very fair points about the right to peaceful protest being part of living in a democracy, and part of the social contract between the state and citizens. As part of that social contract, there are constraints both on citizens—we are expected, as members of this society, to observe and abide by the rule of law—and on the state.

That is why, for example, we have this process in Parliament, and not just in relation to this piece of legislation; it is for every single piece of legislation introduced by any Government of any colour. We have measures such as the European convention on human rights, an incredibly important document whose influence runs throughout this part of the Bill and other relevant parts. I say this because I very much want to approach this discussion with a constructive tone, to try to clear up some of the misunderstandings that have emerged about what the Bill encompasses.

I have enjoyed hearing some of the recollections of hon. Members about attending protests, particularly that of the hon. Member for Stockton, North, who I think is claiming credit for a Prime Minister standing down because he went out protesting—perhaps I am being mischievous. In a mischievous tone, I also note that nobody has yet mentioned the Iraq protests and how those massive protests did not change the course set by the Government who were then in power.

The first misunderstanding that I want to clear up—first and foremost—is that this Bill is not about banning peaceful protest, and nor can the measures within it enable the police, or indeed the Home Secretary, to ban peaceful protest. Nothing in the Bill does that. I state that clearly and proudly on the record, so that people listening to this debate from outside this Committee Room understand that that is simply not the case. That is a misunderstanding and I am very keen to clarify it.

[Siobhan Baillie (Stroud) (Con)]

We have probably all received emails suggesting that the Bill will ban protest. Indeed, we have not just seen emails but violence, and protests that have led to violence and attacks on the police. I think that it is incumbent on all of us to ensure that we use language in such a way that, while we are challenging the provisions of the Bill and talking about churches and noises and having all those debates, we make it absolutely clear that we are not stopping protests with this legislation.

[Victoria Atkins]

My hon. Friend makes a very important point. There is a responsibility on all of us in the language we use. I know that in the heat of debate and the joy of advocacy, one can sometimes get a little bit carried away. But I am really keen that in this Committee we understand that the Bill is not about banning peaceful protest, particularly because of the unrest that we have seen in some parts of the country, which I will come on to in a moment.

Another perhaps colourful piece of advocacy that seems to have crept into the debate this morning is that the Bill is somehow about imprisoning more people. That is simply not correct. Indeed, anyone making such allegations should be mindful of the fact that, of course, as with any other criminal offence, the standard and burden of proof remains the same: namely, that it is for the Crown to prove the case beyond reasonable doubt. Those fundamentals of our criminal justice system remain throughout this process.