Public Order Bill

Stuart C McDonald Excerpts

Consideration of Lords message
Monday 24th April 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesman.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I, too, rise to speak in support of the Lords amendments. These are amendments about suspicionless stop and search, and we need to draw a breath and remind ourselves that suspicionless stop and search really is a significant power. It is a hugely invasive, intrusive and arbitrary police tactic that causes incredible inconvenience for those who are impacted, and that is something that has not seemed to register at all with the Government throughout the entire process of discussing clause 11.

From the Casey report, we also know of the hugely significant impact that these powers can have on black and minority ethnic communities in particular, so it is plain wrong to be pressing on when trust has been undermined by a series of horrendous stories, particularly regarding the Metropolitan police, but far from exclusively. Nobody in this Chamber is saying that suspicionless stop and search powers are never, ever appropriate, but there must be serious justifications for them. Of course, there are serious justifications when it comes to terrorism or serious violence, but the powers in the Bill apply in circumstances that do not come remotely close to justifying their use. In some circumstances, we are talking about an inspector having a suspicion that somebody somewhere might commit a public nuisance. That is absolutely no basis for setting up a suspicionless stop and search regime, so this is an appallingly inappropriate expansion of such powers at a time when Casey has called for a reset of practice with regard to them.

As such, we support these Lords amendments. The arguments in favour of them have been set out comprehensively in the last two speeches that we have heard. If anything, the amendments are very limited and do not go anywhere near far enough, but they are just about better than nothing, and they may provide some reassurance for those who are going to be at the sharp end of such searches. We therefore support them and disagree with the Government motion.

[Wendy Chamberlain (North East Fife) (LD)]

I return to trust, which is the basis of policing by consent. We need trust in the police, not just so that when people pick up the phone they get assistance, but from an intelligence perspective as well. One concern that I have had consistently throughout the debate on the Bill is that, in eroding that trust, we will fail to get the intelligence that we need in order to prevent some of the offences that the Government are attempting to stop via the Bill.

The Minister has pointed out the additions to the PACE code, but I wonder whether, if those in the other place had not persisted in their course in relation to suspicionless stop and search, we would have got that climbdown from the Government. I agree with the right hon. Member for Haltemprice and Howden (Mr Davis) that we need this provision on the face of the Bill. The reality is that when we look separately at section 60 searches—again, this is from the Casey report—it does not appear that a sudden surge in use had any effect on the underlying trend.

I have deep concerns that if the Government are successful in disagreeing with the Lords amendments today, which I suspect they might be, we will miss the opportunity of the Casey report and, several years from now, we will be standing in this place debating the fact that—we told the House so—stop and search does not work.