Police, Crime, Sentencing and Court Bill

Steve Brine Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I will speak to amendment 1, which has cross-party support, and amendments 2 to 7, which would remove the provisions in the Bill that affect the right to protest.

In passing, I point out that a number of other issues are in play today, and goodness only knows what such a debate must look like to those looking in from the outside, but that is the consequence of the inadequacy of the time that has been made available to us. I will therefore limit my remarks strictly to the amendments that stand in my name.

Essentially the objection that many of us have to the proposals is that, first, the Government have got the balance badly wrong, and, secondly, their language in trying to strike that balance is among the vaguest and most imprecise I have ever seen as either a legal practitioner or a parliamentarian.

To ban protest on the basis that it would be noisy or cause serious annoyance may appeal to many parents of teenagers up and down the country, but we have to do rather better when fundamental issues of free speech are in play. Many years ago, it was said—the hon. and learned Member for Edinburgh South West (Joanna Cherry) may have heard the same thing—that in Scots law, a breach of the peace was almost anything that two cops did not quite like the look of. It seems to me that what the Government want to do here, in regulating not the conduct of a few drunks on the high street on a Saturday night but the fundamental right to protest, is to take the law back to that imprecise state of affairs. The risk is that that serves only to pit the police against the protesters. It will not be the Home Secretary who makes a decision about what is noisy and causes serious annoyance, but police officers, often those on the ground at the time. That risks undermining the fundamental principle of policing by consent, which has always underpinned the way in which we police protest and, indeed, all behaviour in this country.

I remain of the view that the provisions will be ineffective and have a chilling effect. I do not believe for one second that, if the Bill becomes law, Extinction Rebellion will look at it and say, “Oh well, we can’t possibly go out and protest on the streets of the capital. We’d maybe better just go home and email our Members of Parliament.” Although I have heard some in the House say that even that is seriously annoying sometimes. The Bill will not stop Extinction Rebellion protesting.

However, communities throughout the country who face a challenge to hospitals, schools, traffic management and so on will look at the Bill and think, “Actually, it’s not safe for us to use our voice and to protest against what is being done to our community.” For that reason, as in so many other cases, I believe that this is a fundamentally mistaken provision. The only amendments we can seek to introduce are those that would excise it from the Bill, where they should never have been in the first place.

[Steve Brine (Winchester) (Con)]

Will the right hon. Gentleman give way?

[Mr Carmichael]

If the hon. Gentleman can intervene in nine seconds.

[Steve Brine]

I am listening to what the right hon. Gentleman says. He does not want Conservative Members to smear Opposition amendments, so in that spirit, I point out that the Bill does not ban protest. Is he not tempted by new clause 85, which my hon. Friend the Member for Huntingdon (Mr Djanogly) spoke about, and which provides for a code for the policing of protest?