Public Order Bill (Second sitting)

Wendy Chamberlain Excerpts

Thursday 9th June 2022 Public Bill Committees

[The Chair]

Thank you. We will begin with a question from Wendy Chamberlain.

[Wendy Chamberlain]

Q I fear my own policing time is very much in the minority here. Thank you very much to you all for your time this afternoon. This morning, we had in front of us Chief Constable Noble from Staffordshire police, who is the National Police Chiefs’ Council lead. One of the questions that I asked him—actually, it was one of the topics he raised—was specifically around policing by consent. I am keen to get your views, first on how far you think the Bill strikes the right balance, and secondly on whether you think there is a risk that this increased potential criminalisation of peaceful protest will change that balance from the perspective of policing by consent. Sir Peter, perhaps I could start with you.

Sir Peter Martin Fahy: The first thing I would say is that there is a threat to public confidence in policing from the police not being seen to be effective when they are dealing with issues like those we have heard about—issues like the Insulate Britain protest—but there is a danger that this Bill is trying to produce the wrong solution. The problem we have, as you heard from the gentleman from News UK, is that we do not have a standing army of police officers in this country. We are not like France, Spain and Italy, which have paramilitary police forces. If this had happened in France, they would have turned out the CRS very rapidly. They are very highly specialist and trained: they would use water cannon, they would probably use rubber bullets, and essentially the French population would accept that level of force. Thankfully, we do not live in a country like that, and the trouble is that when these events happen—I had a similar thing in Cheshire, with milk protests outside Morrisons and Tesco—in the middle of the night, it is extremely difficult to get together enough officers to safely disperse that protest. If anything, that has got far worse, because in those days we did not have everything filmed and on social media and all those things.

Essentially, it seems to me that we have three problems. The first is the inability to get officers quickly together, with the right equipment—I would like to be able to move lorries, vans and stuff like that quickly—because that is not how British policing is set up. The second issue is that you then have to clear and arrest people, and the trouble is that the rules on bail are very narrow. In most cases, the police have to release that person on bail, which makes them free to go back and rejoin the protest. Even if you are able to get them to court immediately, the court will probably bail them out, because they plead not guilty and are back out on the street again. That is essentially the problem: they are able to keep on going back and repeat their behaviour.

[Wendy Chamberlain]

Q My understanding is that this Bill does not change that.

Sir Peter Martin Fahy: No, it will not deal with any of these three practical issues unless you address the issues of a lot more police officers being available; the public appetite for those officers to be able to use force, confident that the public, the media, and even people like the Independent Office for Police Conduct will support that use of force; and court procedures being able to deal with that and, if necessary, keep people in custody if they are persistent in going back. Just having more powers does not really solve any of those practical issues. Some people will be deterred by harsher sentences, but we know that a lot will not be.

On the other hand, part of that is absolutely that there is a danger to public confidence. That is really critical. I just visited Westminster Abbey and saw the statue of Sir Robert Peel, who laid down some remarkable principles of policing way back in the 1820s. It was very much about the police being impartial, acting under the rule of law, and not seeming to follow any particular initiative. There is absolutely a risk in this. Most protests are short-lived and move on very quickly. We have talked largely today about national protests, such as those on the M25, where there is not really a local community, but most protests and the most difficult protests are often very local protests about things like fracking and road developments, where there are very strong local public emotions. Yes, there may be some outsiders who join it, but most of it is very local people. If the police are involved in gathering intelligence around those people and criminalising them in a way that those local people do not think is fair, and it destroys their confidence in what their local police force is there to do, there is absolutely a risk in that.

Very quickly, I found the Sarah Everard vigil that Matt did a review of interesting in a way, because most of the police service were really clear that that gathering was illegal under the coronavirus regulations. The inspectorate did an inspection and said, “No, it was a very good policing operation done very well.” It didn’t matter. Media, most politicians and public opinion said, “No, that was wrong”, on the basis of two images that ended up on the front of the Sunday newspapers. That is the difficult environment that police officers are operating in, some of them very junior and without the chance to have a great deal of training, and dealing with very complex issues, such as more legislation, more powers and more definitions of what is serious disruption, whether something is national infrastructure or not and whether something is the highway or private ground. Those are difficult issues for individual police officers, even inspectors, to make sense of in the heat of the moment, with strong emotions and the potential need to use force on people.

[Wendy Chamberlain]

Q Regardless of rank, the first police officer there is in charge.

Sir Peter Martin Fahy: Yes. We cannot be naive: the training level for police officers is still very poor. There is no formal qualification for superintendents. They do their best, but we put them into very difficult situations with complex consequences if they get it wrong.

[Wendy Chamberlain]

Q Is abstraction, for both training and deployment, a critical issue in terms of how the police might need to implement the Bill?

Phil Dolby: Certainly from a West Midlands police perspective it is extremely difficult when we have a protracted protest, because all of those cops come from the normal, business as usual police, often at the front end of demand, as opposed to detectives or safeguarding officers. They are the first response and are often the ones trained to be ready to police such events. The opportunity cost, as well as the financial costs, can be significant.

The British model of policing of protests in the last 10 years has matured and advanced. There is more to do, but work has been done on balancing the rights of all; trying to make sure that it is seen as a community issue and not just a policing issue, so the officers do not come into an area and then leave, and how that affects the community; and protest liaison officers who are specialists in how to engage and try to negotiate before we use force.

[Wendy Chamberlain]

Q To focus on the 2021 report, “Getting the balance right?”, part of the training and abstractions piece was a shortage of people who had the specialist training required. Has that changed?

Matt Parr: I suspect I am here because I wrote not just the report on the Sarah Everard vigil but the report you mention, at the Home Secretary’s request, on what was then a series of proposals, some of which have made their way into the Bill and some of which have not. That report covered much more than legislation: it made the point that getting the legislation right is not a panacea. A dozen or so recommendations were made in the report, and they covered issues such as greater expertise, increased training, better intelligence and more debriefing afterwards. The problem is not solved by legislation. It is solved by a mixture of legislation, greater training, awareness and preparation for decision-makers and police.

[Wendy Chamberlain]

Q And intelligence, in terms of preparation, probably.

Obviously, your report from 2021 considered protest banning orders, which was something suggested by the Met. Your report stated that

“such orders would neither be compatible with human rights legislation nor create an effective deterrent.”

What are your views on the serious disruption orders in the Bill, given what you have said previously?

Matt Parr: I can only comment on what we said in the report. We looked at them and at what the Home Office said about a protest ban at the time. It opposed a ban, saying that it

“essentially takes away a person’s right to protest and…would very likely to lead to a legal challenge…Consequently, we believe it unlikely the measure would work as hoped.”

The report agreed. We said:

“We remain unconvinced that such orders would either be compatible with human rights legislation or create an effective deterrent.”

We supported many of the other measures, some of which have not made it into the Bill.

[Wendy Chamberlain]

We shall find out from the Minister why he has changed his mind.

[Sarah Jones]

Q Thank you all for coming: we really appreciate it. Sir Peter, obviously we do not want a French model—I do not think the British public would have the appetite for change that would be needed if we were to police slightly differently. But we do potentially need more resources in this area. Do you have a sense of the appropriate level of resourcing and training, and who should police protests and how they should be trained? Do you also have any thoughts on the real challenge that we have heard from large infrastructure organisations that are being disrupted a lot—people gluing themselves to things and causing damage? What more can we do to deter those people or to deal with them once they are in place?

Sir Peter Martin Fahy: You mention the level of resources. Certainly, when you look at the number of officers per head of population in the UK roughly compared with France, Italy and Spain, you see that we have about half the number that they have. Why is that? Because they have national police forces and paramilitary police forces that essentially are part of the military, live in barracks and are able to respond in that militaristic way. That is not our history whatsoever and I would absolutely not want it to be, but it possibly gives you some indication of the level of resource.

Even if the chief superintendent had double the number of officers, I am not sure that he would necessarily want to put them into this form of policing, because he is absolutely right that when officers had to be on motorway bridges at the time of Insulate Britain to try to be available to clear the protests, they were officers who would have been investigating rapes, burglaries or whatever. There is a practical issue here: could we ever have the level of resources to be able to effectively—? The fact is that the protesters will always be fleeter of foot than the police, because they have the element of surprise.

In terms of what can be done to help people like Newsquest, Morrisons and other people I have dealt with who were absolutely very concerned about the future of their businesses, for me it is about being prepared to look at issues like bail. In the more immediate sphere, it is for the courts to be able to keep people in custody, rather than having to wait for a court case a few months down the line, or for one of these particular orders.

I would still doubt whether the appetite would be there—the judicial appetite. Police officers are very wary, and you heard the exact reason for that from Newsquest: when cases get to court, the judiciary or the magistrates often give out very minor sentences—whatever might be allowed in the legislation. They find, as happened with the Sarah Everard case, that higher courts then disagree and bring in human rights legislation, or bring in a different interpretation that is in the legislation, which then completely takes the legs of the police from underneath them.

That can only really be covered partly by legislation but essentially by judicial practice, because you can bring in all the laws you like—it will not actually solve those practical issues that the police face. There is also a real difficulty with definitions. This Bill talks about “protests”. Previous legislation, such as the Public Order Act 1986, talks about “gatherings”. We seem to have brought in this word “protests”, and I am not sure there is a legal definition of what is a protest.

The 1986 Act uses the phrase,

“serious disruption to the life of the community”.

I dealt with a really difficult protest in the centre of Manchester, which essentially put the Jewish community and the Muslim community at odds. I actually contacted the Home Office and said, “Please can you tell me the definition of serious disruption to community life?” They said, “The legislation’s never been used. We can’t tell you.” I was left wondering whether I should go around the shops of Manchester and try to work out whether their takings were up or down as a result of the protest.

With words such as “serious disruption”, on the face of it, yes, they are common sense and everybody knows what it looks like. In reality, however, when it gets into the courts that is exactly where the lawyers make their money from, but it absolutely undermines the police action and seriously means that police forces may be sued for unlawful arrest, and officers may be more liable to receive complaints because the conviction was not secured. It is a really complex issue, as Matt has said, and it needs a range of things, but just having more legislation without dealing with those other issues—you would certainly need an absolutely huge investment in training.

That would be my concern about this legislation. It is quite complex legislation. How, for instance, are West Midlands police supposed to train that, with all the day-to-day of policing? There is no time in policing for training. Again, those officers who are going to be on training courses have to be taken away from other duties. In my time, in my early stage there was very little change to the law. It is now changing almost month by month, and trying to keep police officers—who, with due respect to them, do not have the sort of professional background on how to interpret legislation—up to date with that is really difficult, because we are putting them into a totally different scenario, in terms of their level of accountability and the level of transparency that has now come from mobile phones and social media.