Public Order Bill (Fifth sitting)

Wendy Chamberlain Excerpts

Committee stage
Thursday 16th June 2022 Public Bill Committees

[Sarah Jones]

I would be worried if the Minister were not considering these issues. Disproportionality means that if somebody is from a different race—in this case, particularly if they are black—they are more likely to be stopped and searched than they would be if they were white. It has nothing to do with the make-up of criminals; it is to do with disproportionality. The report by the NPCC and the College of Policing—I am sure the Minister has read it—talks at great length about the problem of disproportionality and how it needs to be tackled. In previous conversations in the Police, Crime, Sentencing and Courts Bill Committee, the Opposition have said that we need to get those things right before we expand powers. The police would agree that there is a big problem to be fixed.

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

I would characterise Opposition parties’ arguments in this Committee as seeking clarity to help the police and the legal system. Our role as legislators is to provide that clarity. The hon. Member for Bristol East highlighted in the evidence session last week that people arrested in relation to the destruction of the Colston statue were acquitted. We are asking for clarity in legislation, to enable the police to make the right decisions and be supported on that, and to encourage the courts to follow through on.

[Sarah Jones]

I agree. This is about clarity in law to enable the police to do their job. The Government are introducing sweeping and increasingly wide-ranging powers to cover things that stop and search has not historically been used for, and the Opposition think that is wrong.

--- Later in debate ---

[Sarah Jones]

We have no issues with the clause. To quote Matt Parr in the evidence session:

“That strikes me as entirely pragmatic. If you look at the Met, the real expertise in public order tends to be at commander rank, rather than above, where people get a bit more generalist. The deep professional experts in London, in my experience, are the commanders. That strikes me as perfectly sensible.”––[Official Report, Public Order Public Bill Committee, 13 June 2022; c. 56-57, Q117.]

We agree.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12

Serious disruption prevention order made on conviction

[Wendy Chamberlain]

I beg to move amendment 38, in clause 12, page 12, line 16, leave out

“on the balance of probabilities”

and insert “beyond reasonable doubt”.

This amendment would raise the burden of proof for imposing a serious disruption prevention order to the criminal standard.

[The Chair]

With this it will be convenient to discuss amendment 39, in clause 12, page 12, line 21, leave out

“on the balance of probabilities”

and insert “beyond reasonable doubt”.

This amendment would raise the burden of proof for imposing a serious disruption prevention order to the criminal standard.

[Wendy Chamberlain]

The purpose of these amendments is to raise the burden of proof in relation to SDPOs to the criminal standard, rather than the balance of probabilities. Simply put, there is a reason why we use a higher bar for crimes that result in people being fined or losing their liberty, and the risks are the same here. One condition of an SDPO could be that someone has to wear an electronic monitor and have their every movement tracked. Given the impact on day-to-life, it is not acceptable that that could be imposed just because the evidence suggests that the offence is more likely than not to have been committed. Justice requires that people are given due process, and it is vastly inappropriate for a low standard of proof to be used when we are, effectively, taking away someone’s rights and restricting their movements. I think this measure shows that we are slipping into a concerning state of affairs, and that is why my amendments suggest that the situation should be rectified.

I also want to talk about keeping trust with the public, and I am thinking of Peter Fahy’s comments last week about the challenges of dealing with protests. Our concern with the legislation is that when the police fail to deal with things effectively, they are seen as incompetent, and that risks public trust. For the public to have trust, they must feel that punishments are fairly applied. We heard a lot in the evidence sessions last week about the importance of policing by consent. That is something that I am passionate about as a former police officer, and it is what makes British policing unique. It is a fundamental principle enshrined in our justice system, and to maintain this consent and to further trust, people must know that sanctions are applied fairly.

[Sarah Jones]

I do not wish to add to what the hon. Lady has said, other than to say that we agree with the amendments.

--- Later in debate ---

[Kit Malthouse]

We have discussed the range of offences that offenders commit. In presenting the requirement for this order to a court, the police would have to make a case that a series of offences had occurred, or indeed that serious disruption had been caused by the individuals’ behaviour, to warrant this order. We will come on to the substance of those matters, and we can debate it at that point. For the reasons I have given, we do not agree with the amendment, and we hope that the hon. Member will withdraw it.

[Wendy Chamberlain]

This is a probing amendment to get the Government’s view on the matter. The Minister has made it clear that he thinks the civil burden is appropriate at this time, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Scott Mann.)