Public Order Bill (Second sitting)

Tom Hunt Excerpts

Committee stage
Thursday 9th June 2022 Public Bill Committees

[Sarah Jones]

Q My question was more about the speed. It is interesting—and, as I think we all accept, a big challenge—to ask, “What is the right legislative response? What can we do through the law?” There were 500 arrests, as you say, so the problem was not that the police were not arresting people; they were arresting loads of people quickly, but you cannot speed up the process of getting the specialist to come and remove someone who has locked on. Even with an offence of locking on, you will have the same time problems when it comes to removing people. All those things will be the same; locking on will just be an offence that the police can charge people with, just as they have been charging them with aggravated trespass or criminal damage.

I guess my question is whether an offence of locking on—I think that it has its own problems because of the very broad way it is drafted—will be any more helpful than those 500 arrests that the police made; you are talking about people who just come back afterwards.

Elizabeth de Jong: My understanding is that the legislation will reduce the time and cost spent getting the injunctions that allow the arrests. It clearly says, “This is an offence. We don’t need to go through the injunction process.” The issue is the time it takes to get the injunctions; that allows people to reoffend. There might be an opportunity for faster processing as well, but clearly local authority injunctions will allow court appearances to take place sooner.

Steve Griffiths: There is nothing I could add to that. I am really here to talk about the impact of disruption, and I am probably not qualified to comment intensely on the Bill; I leave that to the police.

[Tom Hunt (Ipswich) (Con)]

Q This is really for Elizabeth. Which region was most badly impacted by the Just Stop Oil protests that we have seen over the past three months?

Elizabeth de Jong: The particular areas are Kingsbury and Esso Purfleet; it has been around Essex and Warwickshire. It has also been nationwide, but those are the current ones that have been focused on.

[Tom Hunt]

Q So the eastern region is up there, in terms of being the most impacted region.

Elizabeth de Jong: Currently, but the difference that we are seeing in these protests is that they are more widespread, both in number and geography. I think it will be, potentially, that other aspects of supply chains are focused on in the future.

[Tom Hunt]

Q With locking on, in terms of individuals locking on to tankers et cetera, roughly what proportion are employing locking on tactics, as opposed to just blocking key roads around depots, et cetera?

Elizabeth de Jong: I do not have an analysis of that available.

[Tom Hunt]

Q Do you feel that the police have been as interventionist as they ought to have been? Have there been occasions when you have been slightly frustrated that the police have not been more, for want of a better phrase, on it when it comes to intervening and moving on some of these protesters?

Elizabeth de Jong: I do not have an opinion on the police response. We have been working together with them, but I am really focusing on what would make their role easy.

[Tom Hunt]

Q Do you think that all of this disruption has in any way fed through to increased prices of petrol and diesel?

Elizabeth de Jong: It has had an impact on fuel deliveries. It has been hard to estimate that, but, for example, I can give you evidence that for the week ending 3 April, there was a 9% drop, week on week, in fuel deliveries. We have calculated that.

[Tom Hunt]

Q So, the chances are that that is likely to have an impact in terms of how much consumers are paying for petrol at the pump.

Elizabeth de Jong: I cannot equate that to an impact on cost; I can say just that there was an impact on deliveries. However, the costs of obtaining injunctions across our members and across the different sites, for example, have run into the hundreds of thousands of pounds—we estimate tipping over the £1 million mark. Our estimate for the cost of obtaining injunctions for local authorities is that they will also be spending that. The cost of security staff has also been at the hundreds of thousands of pounds mark, tipping into the millions. There is an increase in the cost base, and a need to repair for industry, but I am not here to comment on prices at all; that is not something that we address.

[Tom Hunt]

Thank you.

[Mrs Natalie Elphicke (Dover) (Con)]

Q To follow up on fuel distribution, there was certainly an impact in Dover and Deal. We had petrol stations running dry during that period. That really brings home the impact: people were unable to get the fuel that they needed to go to work and to school, and to get about. It has an impact on hauliers as well.

I want to explore the Stansted situation a bit more. You have your highly secure zone—that goes without saying for national infrastructure—and people break in through a security fence and close a runway. I think you said that 25 flights were grounded as a result.

Steve Griffiths: Yes.

--- Later in debate ---

[The Chair]

We are very tight for time, so I am going to Tom Hunt.

[Tom Hunt]

Q Sir Peter, I think you mentioned the point about police forces being aware of views within communities when it comes to policing protests. I am somebody who thinks it is very important that all protests are policed in the same way, and my slight concern is that it opens a Pandora’s box if you perhaps have a force that thinks, “Well, we think this cause is quite popular in the community, so we’re going to police it in a certain way”. Actually, that might not be the case. It might be that there is a vocal section of opinion that makes you think it is quite uncontroversial in its support when actually that is not the case. I just wondered how that is balanced.

Also, I just want a point of clarification—I think this discussion was again with Sir Peter—in terms of how we can improve things and how we can get to a point where perhaps there is a more dedicated team of people who are very trained and specialist. If we believe that these protests are becoming more frequent and more of an issue, although we do not want to go down the route of France, there have been occasions when I think that has been a temptation—when we have seen some of these out-of-control protests. I want to know what this new team that could help us get to a better place looks like.

Sir Peter Martin Fahy: Point No. 1 is that absolutely the police must never be swayed by a popularity contest. It is exactly what the chief superintendent says. Sometimes you have to stand above all that, and you are never going to win. Also, you might lose the battle, but you win the war. But the fact and the reality of policing is that you have to judge that. You have to talk to community leaders. You have to try to balance that. You have to make a decision. You have to try to involve people. One of the frustrations I had with that particular protest in Manchester is that I could not persuade anybody like the local council, the university or anybody to take this issue away from the street. It was an issue about what was going on in Palestine, and Israeli action. “Take this away”—but they would not do it. Sometimes, you need a mediation mechanism that takes that away from the street and that sort of public protest. It will not work on every occasion.

It is also about who makes that decision. Interestingly, the chief superintendent talked about using community panels to help you in your decision making. That was used with COP26 in Glasgow. Clearly, in Northern Ireland, they have the Parades Commission to make decisions on contentious protests and where they should and should not go. I find it interesting that we never mention police and crime commissioners, who are locally elected and, in some ways, should be representing local people. PCCs could possibly have a role in this, or it could be that more goes to the judiciary, so it is not so dependent on the police, with all the consequences for public confidence.

If you are looking at capability, there is a much wider debate, which the policing Minister will be aware of, about the structure of policing in 51 police forces and whether that is appropriate for the current situation. It is very difficult in our policing system, where we do not have paramilitary operation, policing is by consent and, rightly, the public have a particular attitude towards the use of force, to come up with something that would have the capability to deal with the sort of situations we are talking about. There would need to be a huge shift in the public mood and I think British policing is not really set up and does not have the mentality to use the degree of force that you see in other countries.

People do not realise that we are pretty unique. When you hear about the sophistication and negotiation the chief superintendent talked about, that is the British style. In all the protests it is escalation, which looks in the early stages like the police are being weak, but in the background they are talking to people and they are escalating. They are saying, “If you keep on coming back, we will use this power and that power. Have you heard about that?” That is the British style of policing. You do not start with the heaviest. You work up to it, and that then maintains the confidence in your legality and proportionality.

[Matt Vickers]

Q We talked about the financial cost of policing these sorts of protests. Actually, as part of the pile that is spent, if the volume of resources spent increases on protest, it reduces on knife crime and on everything else. How bad does that get? When you look at something like Insulate Britain when they took to London’s streets, what happened to policing in our communities that was tackling things such as knife crime? How low does the bar get in communities when you have to prioritise something like that?

Sir Peter Martin Fahy: It can get very low. Unfortunately, that is not part of the public discourse. I think the public think that there are lots of police officers sitting around in police stations doing nothing, whereas the reality is—somehow the police service needs to find a better way of articulating this—that no, even the Metropolitan police does not have loads of spare officers. So absolutely, that is part of the huge frustration for policing and where it sometimes feels it does not get the support of local politicians and the media—and, crucially, the courts—to deal with this.

Matt Parr: One of the things we criticise a lot, not just in London but across the country, is abstraction and the disruptive effect it has on building up long-term relationships. It is not necessarily detectives being taken off their work and therefore serious investigations not getting followed through. It is more likely to be neighbourhood policing that gets depleted, or response that gets depleted, and therefore you get longer response times or neighbourhood cops just not doing their job. It is rather difficult to quantify what the long-term effects of that are, but we definitely see in the inspectorate the negative effects of abstraction for a whole range of things, and this is one of the more serious ones.

Phil Dolby: At the same time that there are more protests—and more complexity around them—the service is also facing increased demand. There is a national shortage of the word “unprecedented” now because we have used it so much, but the demand that we are currently seeing as a service across the country is unprecedented. It is not only the amount of calls we are receiving—so volume—but, because hopefully we are doing better with our partners around vulnerability, more people are telling us about things that are really quite complex. The theft of a Mars bar is one call and “Twenty years ago, myself and my entire scout group were unfortunately the victims of something” is one call, but the complexity and the resource the latter needs is massive, and those are both going up at the same time.

There is not a standing army waiting to deal with protest. They come out of normal policing when they are required to do so, and the amount of neighbourhood policing that is affected by just keeping up with that demand is already quite acute. I just wonder whether, when we define organisations in the Bill, there is something about the organisations having some kind of responsibility to do what they can do to prevent— through their design, their target hardening and whatever staff they might put on—and to contribute to this as well and reduce it. Actually, we are talking about the cost of policing and the financial cost, but communities—with the reduction in policing that they are receiving—are the ultimate people bearing the cost. Perhaps we could do something with this, as we have with the Protect duty coming in under the terrorism Bill, putting responsibilities on local authorities and other people to do those kind of things.

We have had a very expensive protest recently around Amazon warehouses. Those drew in different forces and specialist policing. Some of the protesters were so long there in the cold that it became a medical emergency, and officers had to do some life-saving stuff around the protesters. With all those normal cops who have come away from other work, Amazon could have done more.