Metropolitan Police: Casey Review

Wendy Chamberlain Excerpts

Tuesday 21st March 2023 Commons Chamber

[Suella Braverman]

I expect every report of rape to be treated seriously from the point of disclosure. Every victim needs to be treated with dignity and every investigation needs to be conducted thoroughly and professionally. The rape review took a hard and honest look at how the entire criminal justice system deals with rape, and in too many instances, it has not been good enough. That is why there is a whole programme of work afoot—including Operation Soteria, of which I am a big supporter—to improve the investigation of rape, reduce the time that it takes to get a prosecution going, and, ultimately, to improve outcomes for victims of rape.

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

As a former police officer, I would like to say that I was shocked to read Baroness Casey’s excellent report, but to be honest, I am pretty inured by now to some of what we have heard. I will make two points. First, in my view, the most important rank in the police service, particularly if we want to change the culture, is police sergeant, but the report told us that the training for police sergeants amounted to a 23-slide PowerPoint. Will the Home Secretary task the College of Policing to ensure, and make an assessment, that that is not the case in other forces, and to directly support the Met in that regard? Secondly, as a Scottish MP—not a police officer any more—let me say that the Met’s performance impacts my constituents, too, through its national priorities. The Casey report said that it did not recommend dismantling the Met at this point but that that may be recommended in future. How will that assessment be made and who will make that decision?

[Suella Braverman]

The hon. Lady is right to talk about leadership training; that is why I work closely with the College of Policing to ensure we have a better programme of preparation for the next generation of police leaders. That must start early on in a policing career. The existing training is frankly not good enough, and that is why there will be a programme of reform announced soon.

Public Order Bill

Wendy Chamberlain Excerpts

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Danny Kruger]

Okay, well, I will wind up now, because I think the point has been well rehearsed. My concern is with the principle we are setting here. Of course, everyone must have sympathy with these women, and we need to protect them from harassment, but where does this lead and what we are doing by saying that people should not be allowed to pray quietly on their own?

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

Policing by consent is central to how our criminal justice system works in the UK and the authority by which officers wield the power given to them. That is why this issue is challenging and why we are having this debate. It is seen as being about balancing the rights of protest in this situation with other rights to go about everyday legitimate business. It is important to take a balanced and sensitive approach.

Several legal minds here are much greater than mine. I am not a qualified lawyer, but I am standing here as the only former police officer participating in this debate. I know who the other two former police officers are and they are not here. I have approached this debate, these clauses and the Lords amendments by thinking about what would happen if I, as a police officer, went to attend a “spontaneous protest”, meaning that as a constable, the first person there, it would be on me to make the decisions about what was legitimate or not and about how I carried out my duties. I also thought about what would happen if I was part of a team of police officers policing a bigger protest, and about the instructions that I would be given by the silver and bronze commanders in relation to that protest and how they would tell me how to interpret the law.

I found it interesting when the Minister for Crime, Policing and Fire, who is no longer in his place, intervened on the hon. and learned Member for Edinburgh South West (Joanna Cherry) to say that he would explain that this is confusing. Police officers are dealing with an ambiguity in the moment all the time. If we create legislation in this place that is confusing and if we have not provided clarity, it is not surprising that police officers will be found not to be applying the law correctly.

Interestingly, the right hon. Member for Haltemprice and Howden (Mr Davis), who is also no longer in his place, talked about the interviews that His Majesty’s inspectorate of constabulary and fire and rescue undertook with police officers. I cannot totally repeat what the former silver public order commander to whom I am married called this Bill, but I can say that it was a pile of something. I will leave Members to speculate on what else he said. These are complex decisions to be made in real time, regardless of rank. Policing by consent is how we ensure that we carry out our duties safely.

--- Later in debate ---

[Chris Philp]

The Government accept that protection for journalists might helpfully be set out, and that is why Government amendment (a) to Lords amendment 17 will substantively do what the Lords request, albeit in slightly different language.

[Wendy Chamberlain]

I am pleased to hear that.

If Lords amendment 1 is disagreed to and Government amendment (a) to it is passed, I would disagree with the broadening of the definition of “serious disruption”. Whatever the Government may think of protesters, they are not terrorists, and applying similar legislation where no offence is committed is simply wrong.

[Chris Philp]

As I said in my earlier intervention, the Government have accepted that serious disruption prevention orders can only be handed out by a court, following a conviction. The title of clause 20 is somewhat confusing, but we have accepted the point that there must be a conviction first.

[Wendy Chamberlain]

I am grateful to the Minister for that clarification, but the point I made while he was not in his place still stands: this is confusing. We are presenting confusing legislation to police officers to apply and potentially to take away people’s liberty accordingly.

Policing needs to be done with consent. This is knee-jerk legislation, as I have said throughout, to replace powers that already exist and that the police say they can utilise now. It also prevents the important discussions that take place between protest groups and police officers; we are going to create a chilling effect not only on the right to protest, but on the relationships that help us to enable legitimate protest. I think that is why the Lords rejected these clauses outright in their previous guise in the Police, Crime, Sentencing and Courts Act 2022. The Lords have attempted to ameliorate the worst excesses of this Bill, and I will certainly vote in support of keeping the Lords amendments in place.

[Nick Fletcher (Don Valley) (Con)]

I rise to speak to Lords amendment 5 and the amendments to it put forward by my hon. Friend the Member for Northampton South (Andrew Lewer).

Buffer zones are basically public spaces protection orders, extending a distance of 150 m. PSPOs, as they are called, are generally used for antisocial behaviour. We have three in Doncaster, apparently, and I have personally applied for one in Conisbrough in my constituency. We have a set of seating in the middle of town where we have people under the influence of drugs and alcohol, and beggars, and they make a nuisance of themselves with antisocial behaviour. They are killing the town centre. I have been refused a PSPO there, but I will continue, because I think it is the right thing to do.

Lords amendment 5 will put a mandatory buffer zone, a PSPO, around every single clinic in the country. Regardless of what we think about that, I want to tell people in this House and in my constituency what that will look like. The drunks and the people under the influence of drugs in Conisbrough are going to continue to be able to make a nuisance of themselves, damage the local economy and scare old and young people who want to go to the shops; yet a lady or a gentleman who has a real strong faith and believes they can help the people coming in to a clinic is not going to be able to do that.

The hon. Member for Ealing Central and Acton (Dr Huq) talked about people praying and standing in front of people, and my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) asked why they have to do it there. Well, if that is the worst day of a woman’s life, and I accept that it probably is one of the worst days of a woman’s life, if she saw somebody there who was praying respectfully, who was there to help, and she knew they were there, she could ignore that lady or gentleman who was praying and just walk in—but, if it was the worst day of her life, she might want somebody just to turn to for that second. Also, if somebody is being coerced into going into one of those places to have a forced abortion, that lady or gentleman could be somebody who is there to help.

I agree with everybody else in this House that shouting, screaming and holding up placards is an awful thing to do and should not happen, but silent prayer and consensual conversations should not be banned. The papers will get hold of this in a year’s time: we are the party of law and order, but we will be arresting people for prayer and for conversations, while letting the people who are harassing the public in our towns and our shops continue to do so.

I ask all Conservative Members in this House to think about amendment (a) to Lords amendment 5, which my hon. Friend the Member for Northampton South has put forward. It simply asks for people to be allowed to pray and to have those consensual conversations. Amendment (b) provides that, before we put this law in place, we carry out a review on it. That is what I am asking for.

Illegal Migration Bill

Wendy Chamberlain Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

My right hon. Friend the Minister for Immigration is working intensively to secure bespoke, appropriate and—importantly—sustainable asylum accommodation around a range of locations within the United Kingdom. We are working with local authorities and Members of Parliament. We want to make the right decision for communities, and that is why all dialogue is welcome.

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

Torpiki Amrakhil, an Afghan journalist and former announcer on Radio Afghanistan and on the radio station of the United Nations assistance mission in Afghanistan, drowned in Italian waters on the way to Europe. Given the brutality of the Taliban regime and precarious security situation in neighbouring third countries, it is shocking that there is no specific safe route for at-risk Afghan women and girls. We have failed the people of Afghanistan at every stage, and the UK is an outlier in that regard. What steps is the Home Secretary taking to create a specific safe route or to at least ensure that existing promises are kept?

[Suella Braverman]

Unspeakable tragedy is occurring in the channel and through all maritime routes around the world because of the global migration crisis. That is why it is absolutely essential that the UK takes a robust but compassionate approach. That is at core a humanitarian package of measures that sends the message to people: “Do not come here illegally.”

Crime and Neighbourhood Policing

Wendy Chamberlain Excerpts

Tuesday 31st January 2023 Commons Chamber

[Yvette Cooper]

With respect for the rules and the rule of law, Mr Deputy Speaker, I turn to the need for a new approach, because this situation is not fair for our communities. The collapse in neighbourhood policing and in justice for victims is not just making people feel less safe, but undermining our town centres and local economies, as well as undermining respect for the rule of law and the crucial trust that lies at the heart of the British policing model of policing by consent.

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

The right hon. Member is talking about respect and we are also talking about trust, and I think we have to acknowledge that trust in the police has been significantly eroded of late. Does she agree with me that neighbourhood policing is actually critical to rebuilding that trust? It is much better to see a police officer on the street who knows their local community and is known by the community, as opposed to one at a distance.

[Yvette Cooper]

The hon. Member is exactly right. It is having police officers and PCSOs rooted in communities, who know their communities and can also respond to communities and community concerns, that helps to gather intelligence about offenders and perpetrators, helps to prevent crime in the first place and helps to build trust so that people feel more confident about reporting to the police. I agree with her that it is crucial, alongside the other reforms I was about to mention.

We would also introduce a new law on police standards, making vetting compulsory and being clear on mandatory standards on training and misconduct, with the very basic idea that, if a police officer faces allegations of rape or domestic abuse, they should be suspended, not just put behind a desk. Raising standards and increasing the community connections of the police is a really important way to support policing as well as to support communities.

Police Conduct and David Carrick

Wendy Chamberlain Excerpts

Tuesday 17th January 2023 Commons Chamber

[Mr Deputy Speaker]

Order. I remind Members that aspects of this issue are sub judice. Please stay well away from anything relating to things that are still before the courts.

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

I too commend the bravery of the women involved in this case, but some of them would not have needed to be brave if action had been taken. As a former police officer I am disgusted and ashamed by what I have heard. The Metropolitan Police Commissioner has said that 800 of his officers are under investigation. Has the Home Secretary requested similar figures from other police forces? What is the impact on the operational capability of police officers? Finally, as the Mother of the House rightly pointed out, police officers are not employed. They are not subject to employment law; they are appointed. Staff associations within the police service, such as the Police Federation, play a very important role in disciplinary and conduct issues. What engagement is the Home Secretary having with them?

[Suella Braverman]

The inspectorate reported late last year on that issue, looking at the performance of forces all over the country on vetting and the monitoring of disciplinary matters in policing. The inspectorate made 43 recommendations, largely focused on chief constables around England and Wales, the College of Policing and the National Police Chiefs Council. They have all been accepted. There are deadlines for spring this year, and later this year, and we are closely monitoring the implementation and delivery of those recommendations.

Police Service: HMI Report

Wendy Chamberlain Excerpts

Thursday 3rd November 2022 Commons Chamber

[Chris Philp]

My right hon. Friend is absolutely correct. The vast majority of police officers are decent, hard-working and brave people who put themselves at risk to keep us safe, and they will share our horror at these findings.

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

As many know, I was a police officer, joining Lothian and Borders police in 1999. I will not pretend that I do not recognise some of the elements of the culture described in the report, but I am concerned that policing by consent, which is the central tenet of policing in the UK, is threatened by reports such as this one. Scotland is not immune—the Minister mentioned Dame Elish Angiolini, who has carried out a similar report in Scotland. We need to sort out the vetting, but I have a real concern that there are people serving in the police force today who should not be there. What actions is the Minister taking to ensure that all forces do that? Given that the picture is quite fractured, with 43 forces, does the IOPC have a role in ensuring that that work is expedited?

[Chris Philp]

I thank the hon. Lady for her question and for her service as a police officer in Scotland. She is right to point out that this is not just about vetting on entry; it is also about conduct while in office. The recommendations touch on this matter, including in relation to the Home Office and the rule 13 processes around people who are still on probation. I have only been in post for a week, but I do think that making sure that misconduct allegations and wider performance issues are acted on quickly merits further attention, and it is something I will look into.

Public Order Bill

Wendy Chamberlain Excerpts

Report stage
Tuesday 18th October 2022 Commons Chamber

[Joanna Cherry]

I suspect the Minister will still hear our views after we become independent, so I would not get too upset about that.

During the passage of the Police, Crime, Sentencing and Courts Bill, the Joint Committee looked very carefully at a large volume of responses and heard from two panels of witnesses about the issue of the public order provisions. The Minister has said the stated intention of the Bill is to strengthen police powers to tackle dangerous and highly disruptive protest, but we think the measures go beyond that, to the extent that we believe they pose an unacceptable threat to the fundamental right to engage in peaceful protest. That was the conclusion of the Committee’s report dated 17 June, in which we proposed the amendments that I am speaking to today.

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

I wanted to reflect on the point that it is not just about our constituents in Scotland being concerned about the provisions in the Bill. One of the fundamental parts of policing in the UK is mutual aid, so there will be considerations for Police Scotland in relation to the Bill, if it is passed, when we have police officers from Scotland attending protests in other parts of the UK.

[Joanna Cherry]

That is a very good point and I am grateful to the hon. Lady for making it.

It is a matter of regret that when the Government responded to our cross-party report they said:

“Any chilling effect on the right to protest, damage to the UK’s reputation, or encouragement of other nations seeking to crack down on peaceful protest is more likely to arise from the misleading commentary on the PCSC Act and this Bill”

than anything else. No, Minister. That is not the case. The Committee’s conclusions are not misleading commentary. They are the conclusions of a cross-party Committee of this House, informed by evidence from many different sources and advice from our own legal experts on the European convention on human rights, to which, thank God, the UK is still a signatory and which is still enforceable under the Human Rights Act 1998, which seems, thankfully, safe for the time being.

Before I turn to the amendments, I want to quickly make the point that the criminal law and the powers of the police already allow for action to be taken against violent protest and disruptive non-violent protest. That is addressed in detail in paragraph 18 of our report, where we list all the existing provisions under the criminal law of England and Wales that cover the situations about which the Minister says he is concerned. So not only do we think that the Bill is an attack on the fundamental rights of freedom of speech and freedom of assembly, but we believe that it is unnecessary and simply replicating existing law.

Our first tranche of amendments deal with the new offences set out in clauses 1 and 2—the proposed offences of “locking on” and

“being equipped to lock on”.

The purpose of those amendments is to try to water down what we consider to be far too stringent positions. We are particularly concerned about the reversal of the burden proof, putting it on the accused. The purpose of our amendments is to reverse that and put that burden on the prosecution, as is consistent with the presumption of innocence and therefore with article 6 of the ECHR. So amendments 28 to 33 would narrow the scope of clauses 1 and 2 and improve safeguards against violation of convention rights.

We believe that the offence of obstructing major transport works in clause 6 is so widely drafted that it could easily criminalise the peaceful exercise of rights under articles 10 and 11, so our amendments 34 to 36 would narrow its scope, including by introducing a requirement of intent and removing the unnecessary reversal of the burden of proof.

We think the proposed offence of interfering with “key national infrastructure” is too widely drawn and thus risks criminalising, without justification, behaviour that would fall within the provisions of articles 10 and 11 of the ECHR. Amendments 37 to 49 would narrow its scope and remove the unnecessary reversal of the burden of proof.

The proposal to extend stop-and-search powers to cover searches for articles connected with protest-related offences risks exposing peaceful protesters and other members of the public to intrusive encounters with the police without sufficient justification. We would like the utilisation of these new powers to be carefully monitored. In that respect, I note with approval the terms of new clauses 9 and 10 in the name of the hon. Member for Battersea (Marsha De Cordova).

--- Later in debate ---

[Wendy Chamberlain]

I rise to speak in support of several amendments, including new clauses 1 to 5, tabled by the official Opposition, and new clauses 9 to 14. I agree that there should be a free vote on new clause 11, to which I am sympathetic and which I will support. The speeches on it so far have been very powerful. I also wish to speak to new clauses 15 to 17—the hon. Member for Streatham (Bell Ribeiro-Addy), who is no longer in her place, spoke powerfully about them—and to the amendments tabled by the hon. and learned Member for Edinburgh South West (Joanna Cherry) on behalf of the Joint Committee on Human Rights, by the hon. Member for Glasgow North East (Anne McLaughlin) on behalf of the SNP, and by the hon. Member for Broxbourne (Sir Charles Walker).

I speak on behalf of my constituents who are concerned about what the Bill means for the right to protest. It might be argued that the Bill will not affect them directly, but like the hon. and learned Member for Edinburgh South West, I have constituents who will travel to England and Wales to protest. As I highlighted in my intervention about mutual aid policing arrangements, the Bill is likely to mean additional training requirements for Scottish officers deployed elsewhere, as at last year’s G7 meeting.

We have heard from many Members of this House with a legal background and training, but I believe I am the only former police officer in this debate; I do not see the other two hon. Members who I know were police officers. I am also the wife and daughter of former police officers—indeed, my husband was a senior public order commander—and I am the stepmother of serving police officers. I have policed demonstrations. It might have been some time ago, but I speak with some knowledge and direct experience.

Laws should be necessary, but as we heard in our Bill Committee evidence, the police already have the power to respond to protests; I am grateful to the hon. Member for Broxbourne for raising that point. Ideally, laws should not break our already stretched systems—that was an area of focus for me in Committee—but this law risks our police’s very ability to tackle day-to-day crime, which the Home Secretary says is a priority for the Government.

Regardless of rank, length of service or extent of training, the first officer to attend any incident—protest or otherwise—is the officer in charge until they are relieved of that duty. I say that not to denigrate, but to illustrate. That officer will have to determine whether there is a risk of serious disruption and, if so, whether an offence under the Bill or any other law is being committed. I am concerned that there is a risk of inconsistent application of the criminal law and a breach of the rule of law. I therefore support the official Opposition’s new clauses 1 to 5, which would ensure that the Bill’s provisions are applied appropriately.

It is not just me. The National Police Chiefs’ Council’s evidence to the Bill Committee suggested similar concerns, which would be at least partially addressed by some of the amendments, particularly those tabled by the hon. and learned Member for Edinburgh South West to implement the recommendations of the Joint Committee on Human Rights. I remain concerned that the police, particularly those in junior roles, may end up ill-equipped to make the judgment calls that the Bill requires.

Let us be clear: the police do not need this Bill to respond when protests cross the line. Where there is criminal damage or trespass, they already have the power to respond. However, if the Bill is passed with no amendments but the Government’s, all protest will effectively be frozen for fear of being caught by the legislation. Importantly, the Bill is also likely—I refer to the comments that the shadow Minister, the hon. Member for Croydon Central (Sarah Jones), made about policing in France and elsewhere—to freeze the police’s relationships with a wide range of activist groups, which involve constant dialogue to balance the facilitation of protests with the rights of others to go about their daily business. That dialogue happens all the time in all our communities and is something to be celebrated.

[Jeremy Quin]

I deeply respect the hon. Lady’s policing experience and that of her family, but she has implied that the Bill will allow the freezing of protests and an inability to protest, which is not the case. I think that, as a former police officer, she would recognise serious disruption. We are absolutely clear about this: a protest constitutes something that is really interfering with people’s way of life, preventing them from getting to work and engaging in their normal business.

[Wendy Chamberlain]

What I am trying to say is that the existing legislation already deals with those circumstances, and that, given that some of the Bill’s provisions mean that people need not even have done anything to be subject to them, there is a fear that it will prevent them from doing anything at all. I believe that the fact that our police service is grounded in policing by consent—unlike those in other countries whose police forces have evolved from more militaristic origins—is something to be celebrated.

If the police do not need the powers, if all that the Bill does is make it harder for legitimate protest to take place and if it restricts the right of citizens, I would argue that we do not need it at all. We should reflect on the fact that the Minister, in his opening remarks, claimed that the existing legislation was a reason for rejecting new clause 11.

Let me now raise another point, which I have touched on already. It is not about protecting the democratic rights of our citizens, but in many ways it is just as important, because it concerns the real impact on the capacity of the police service. In Committee I tabled a number of amendments, and although I have not tabled them again on Report, this is a key consideration.

When we pass poor legislation, we sometimes see the results in our constituency surgeries, but when it comes to legislation such as this, we will not be dealing with the outcomes directly. I believe that if the Government are confident that the Bill, in its current form, will do what it is intended to do, they should be comfortable with receiving reports from the College of Policing and from police forces about the capability and capacity of those forces to deliver the legislation—and that is before we even think about the huge backlogs in the criminal justice system. It will take some time for people to come before the courts in the context of this Bill.

The proposed new powers will require additional officer training. Sir Peter Fahy, the former chief constable of Greater Manchester Police, gave evidence to the Bill Committee. The simple fact is this:

“If there are not enough police officers trained to properly respond to protests and apply these new laws, that means that more people must be trained—training that costs thousands of pounds and means that officers are potentially in classrooms, not out on the street.”––[Official Report, Public Order Public Bill Committee, 16 June 2022; c. 191]

Chris Noble, the chief constable of Staffordshire Police, estimated that, under the current legislation, it takes an officer two or three weeks per year to keep up with necessary additional public order skills. The offences specified in the Bill will require significantly more training at the outset, at the least, and will mean even more days of actual policing lost at significant cost, with simply abstracts from core policing duties. Once the officers are trained, it is likely that deployment to protests will increase as a result of the Bill’s restrictions. Simply put, people cannot be in two places at once, and resources are limited. According to evidence given to the Committee, the arrest of a protester usually involves six officers. We will run out of police officers before we run out of protesters.

I know where I would rather the police were. I would rather see an officer making sure that the streets were safe for women and girls walking home at night, going after gangs and those working across county lines, stopping the scammers who target our elderly and vulnerable, working on counter-terrorism, and preventing organised crime. I ask colleagues to reflect on what they and their constituents really want when faced with the reality of these choices, which were made even more stark by the Chancellor when he stood at the Dispatch Box yesterday.

Policing by consent is one of the greatest attributes of our country, and it is something that I am passionate about. The Bill undermines that. Although we will support amendments that curb its worst excesses, I will continue to argue that the decision in the other place to remove these clauses when they were part of the Police, Crime, Sentencing and Courts Act 2022 was correct. I cannot support the Bill in its current form.

[Victoria Atkins (Louth and Horncastle) (Con)]

I rise to speak in favour of new clause 11.

In a perfect world, no woman or girl would be raped; no foetus would have life-shortening, agonising conditions or endanger the life of the mother; and every baby born would be yearned for and cherished. But we do not live in a perfect world, and that is why Parliament has settled laws for the regulation of the provision of abortion services. This is what new clause 11 concerns. It is not about the form of those laws, or their details; it is about the provision of those services in day-to-day life.

I had the responsibility for looking after abortion clinic buffer zones from 2017 until I was promoted from the Home Office last year. It was, as my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) says, an issue with which I grappled, because there is a real balancing skill involved in weighing up not only the concerns of those women seeking medical services and those who support them, but the sincerely held beliefs of those who do not agree with abortion. My right hon. Friend the Member for Gainsborough (Sir Edward Leigh), who is no longer in his place, has set out some of the history of this, and I was an active part of it, so I really am trying to help the Minister when I try to explain some of the shifting of that balancing operation.

In 2017 Amber Rudd was Home Secretary, and in response to concerns voiced by parliamentarians she commissioned a review into demonstrations and protests outside abortion clinics. We announced the results of that review in, I think, 2018, when my right hon. Friend the Member for Bromsgrove (Sajid Javid) was Home Secretary. At that point I stood at the Dispatch Box and I signed letters to say that we had looked at the number of clinics and weighed up the power of PSPOs. At that point, from memory, one council—maybe two—had applied for a PSPO, and we felt that the balance was in favour of PSPOs being using on a targeted basis for those clinics affected.

The review continued—I genuinely kept this under constant review—thanks to the efforts of my hon. Friend the Member for Harwich and North Essex and my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Basingstoke (Dame Maria Miller), among many others on this side, as well as the hon. Members for Ealing Central and Acton (Dr Huq) and for Walthamstow (Stella Creasy). It is a pleasure to see the hon. Member for Walthamstow in her place today. Indeed, only last summer we looked at this again in the Police, Crime, Sentencing and Courts Bill. At that point, although the number of clinics affected by demonstrations had increased since the initial review, we felt that in the interest of balancing both sets of interests, PSPOs were the right way to go.

Today, however, five councils have applied for these orders, and happily the imposition of those orders has been upheld by the Court of Appeal as being lawful. We have heard in the course of this debate the concern that the five PSPOs cover five clinics out of some 50 that have been the subject of protests and demonstrations. My right hon. Friend the Member for Basingstoke made the important point that this is not just about the number of clinics; it is about the number of women who go to the clinics for these services. I think I am right in remembering that she cited the statistic that around half of women who seek these services had attended clinics where there had been protests and demonstrations.

So I find myself in the position of agreeing with new clause 11, not because I like banning things or because I am against the legitimate and sincerely held beliefs of those who cannot support the provision of abortion services, but because I come back to the point about the provision of services to women who need them and the circumstances in which they find themselves as they walk that long and lonely path to the doors of the clinic, hospital or surgery providing those services. I know from speaking to women who have been through these protests that they have made a difficult decision. There may be many factors surrounding the decision, involving their home lives, the circumstances in which the pregnancy came about and the concerns for what might happen if their friends, families or the wider society found out that they had had these operations. These are fundamental healthcare services that we provide, rightly and lawfully, in the 21st century. We must surely enable women to access these services as and when they need them so that they get the right help and advice.

Oral Answers to Questions

Wendy Chamberlain Excerpts

Monday 20th June 2022 Commons Chamber

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

5. What assessment she has made of the potential impact of the points-based immigration system on labour shortages.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

Our immigration system works in the interests of our whole United Kingdom by covering a broad range of occupations across many sectors for firms looking to attract the talent that they need, while ensuring that the domestic labour market is supported—yet recruitment issues are not unique to the UK, and immigration must not be seen as an alternative to improved pay, conditions and training for key workers.

[Wendy Chamberlain]

There is a severe shortage of care workers around the UK. In St Andrews in my constituency, a social care business had to shut down recently because of staffing issues. My inbox is increasingly full of messages from people who are waiting for care-at-home packages. One way of helping would be to allow asylum seekers to work while their claims are being processed: it would allow them to support themselves and would mitigate the worst of the shortages. Will the Secretary of State and the Minister consider that?

[Kevin Foster]

That is an interesting one. Those whose asylum claim has been outstanding for more than a year can take jobs on the shortage occupations list, which has included care workers since February. One of the slight issues, of course, is that until very recently, 31 out of the 32 local authority areas in Scotland, including the hon. Lady’s, refused to be part of the dispersal accommodation system. Now that we have made the change to full dispersal, some of those people will actually be living in those areas.

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.)

Public Order Bill (Fourth sitting)

Wendy Chamberlain Excerpts

Committee stage
Tuesday 14th June 2022 Public Bill Committees

[Sarah Jones]

Clause 4, as we have been talking about in the debate on the amendments, introduces a new offence of interference with the use or operation of key national infrastructure. Subsection (1) makes it an offence for a person to

“do an act which interferes with the use or operation of any key national infrastructure”

where the person intends the act to have that effect or is

“reckless as to whether it will do so.”

Subsection (2) provides a defence of “reasonable excuse” and a defence applying to industrial action, which the Minister referred to. The clause sets out the maximum penalty for the offence—namely,

“on summary conviction, to imprisonment for term not exceeding the general limit in a magistrates’ court”,

rising to 12 months, or an unlimited fine, or both—imprisonment, a fine or both.

Subsections (4) and (5) define interference as an act that “prevents” or “significantly delays” the infrastructure from being used or operated to any extent of its intended purpose. The clause then lists the key national infrastructure, which we have been debating, and that includes, apart from emergency workers, transport sectors including air transport and harbours; oil, gas and electricity infrastructure; and newspaper printing infrastructure, which we will talk about later.

We think clause 4 defines interference incredibly broadly, as any act that

“prevents the infrastructure from being used or operated to any extent for any of its intended purposes.”

Liberty has pointed out that the low threshold appears to contradict the Supreme Court’s finding that deliberately obstructive protest can come under the protection of articles 10 and 11, and risks criminalising an extremely wide range of activities, including where the use or operation of infrastructure is “significantly delayed”. That term is not defined in the offence.

We have tried to remove clause 4. We hear the concerns that some protests can tip the balance of rights in the wrong direction. I repeat that protest is not an unqualified right—campaigners who block people from reaching relatives in hospital and oil protests that prevent people from crucial travel are breaking the law—but there are a raft of measures already in place. This is a fundamental point that the Minister has not acknowledged: a panoply of existing powers on public order is available to the police.

In the debates we have had over the past year on the Police, Crime, Sentencing and Courts Act, the way some Members have talked about the policing of protest has sometimes implied that the police are not doing anything and that there are currently no powers they can use. We are not starting from a position of nothing; we are starting from multiple pieces of legislation. There is wilfully obstructing the highway, the offence of criminal damage or conspiracy to cause criminal damage, the offence of aggravated trespass, the offence of public nuisance and the offence of breach of the peace, which we have not yet talked about much.

More than 20 people were arrested for criminal damage and aggravated trespass at Just Stop Oil protests in Surrey. Injunctions were granted at Kingsbury oil terminal following more than 100 arrests, and there were further arrests for breaching those injunctions, which are punishable by up to two years in prison: nine people were charged. When Extinction Rebellion dumped tons of fertiliser outside newspaper offices, five people were arrested. Earlier this year, six Extinction Rebellion activists were charged with criminal damage in Cambridge. In February this year, five Insulate Britain campaigners were jailed for breaching their injunctions, and in November, nine Insulate Britain activists were jailed for breaching injunctions to prevent road blockades. It is important to point out that for the kinds of protesters we are talking about, breaking the law and being arrested is often the aim.

During our evidence sessions, we heard from police officers about how well the police can use the existing laws. Chief Superintendent Phil Dolby from West Midlands police spoke to us about a large, disruptive protest in Birmingham, where he negotiated conditions using the Public Order Act 1986:

“I just gave a warning about the police’s power to who I was evidentially satisfied was the organiser. I negotiated and said, ‘Look, I’ve got this power. It’s ready, and here it is. Do you want to carry on, or can I encourage you to stop? You have had your opportunity, and you need to move on.’ There was a negotiated approach that I thought tried to keep the balance for everyone.

Similarly, Extinction Rebellion recently blocked a fairly minor road…They had a tactic whereby instead of staying in the middle of the road all the time, they would use the pelican crossing but let the traffic stop by the traffic furniture. They would then occupy the road for about five minutes and when the traffic built up, they would move away…

We have our protest liaison teams, and there is a five-step appeal that officers go through, which we document and fill, giving every opportunity for the protesters to reach the decision themselves. Eventually, I said, ‘Okay. There is a power here to stop you. This is an unlawful assembly because it is now causing serious disruption. There’s a children’s hospital that is starting to be affected, so now that’s enough.’

I brought forward the van that is a mobile prison cell—kind of a show of strength, really—and said, ‘That is what I am prepared to use’. They said, ‘Okay’, and that was enough. Again, both the powers were available to us. They were being prepared to be used. We were not just tolerating it; there was a negotiated approach, and both of those are examples of where that has been successful. On the serious disruption element in the Bill, I would encourage as much precision for that definition as possible.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 57-58, Q119.]

As Peter Fahy aptly said,

“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…You work up to it”.––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 62, Q122.]

The concern about the definition of serious disruption is shared by many people across policing. In the written evidence submitted by the National Police Chiefs’ Council, Chief Constable BJ Harrington—the national lead for public order—wrote that,

“the term ‘serious disruption’ has been subject to much discussion and debate. Within any new legislation we would welcome clarity or guidance about the threshold and interpretation of this to allow operational commanders to best apply their operational responses.”

I urge the Minister to bear in mind the consequences of these provisions for the police officers trying to put them into practice.

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

For me, that is the issue: one of the impacts of this legislation will be that we give the police nowhere to go, other than straight to arrest. In my policing experience and that of Lord Paddick, once the police start arresting people, they very quickly run out of cops before they run out of protesters. Does the hon. Lady agree?

[Sarah Jones]

I absolutely agree; the struggle within policing to have enough people to do the day job is already bad enough. I have been to Berwick, and very often in the summer months, when there are vast numbers of holidaymakers at the caravan parks, the police will only have one or two officers on. If there is a fight and they choose to arrest somebody, they then have to take that person into custody, which means there is no one left, so they have to make very difficult decisions. In the case of a protest, the police can have a negotiation and allow people to make their point, which is what protesters want to do and what we all want to facilitate. Then, the police can get to the stage where they say, “You are now causing serious disruption, so now we need to begin to use some of our powers.” That is a much preferable way of policing.

The police did not ask for most of these powers, and there has not been a proper consultation process with them on this piece of legislation. The big piece of work that was done by Matt Parr took place before the then Police, Crime, Sentencing and Courts Bill and, as we heard in evidence, some aspects of this Bill were considered by him, but some were not, including the infrastructure and transport sections. There has been no proper consultation with the police on these clauses.

The police should not have to make decisions about definitions of vague terms in legislation. They will look like political decisions and put even more pressure on the police. During progress of the Police, Crime, Sentencing and Courts Bill, many Members from different sides of the Chamber made that point in the House.

The National Police Chiefs’ Council wrote:

“It is essential that any powers or legislation are straightforward and capable of use by officers and staff at all levels. Experience has shown that unless legislation is clear and simple for use in complex and fast-moving public order situations that it can fail to have the positive impact intended and sometimes create an expectation that cannot be met or lead to unintended issues.”

I also note the points in the NPCC’s excellent evidence about police responsibilities on private land. It wrote:

“We want to ensure that any new legislation does not inadvertently transfer or encourage reliance on policing for security or reduce the ability or necessity of organisations to obtain injunctions. This would not only be a fundamental change in the role of policing but would create a significant capacity issue that would detract from force’s wider duties to prevent and detect crime.”

The NPCC argues that,

“police powers that are practical for use on the front line…Police responsibilities on private land—The funding and resourcing of Home Office police forces is applied primarily to ensure effective policing of public spaces.”

There is an interesting section on this issue that I will not read out, but I am sure the Minister has seen it and will be thinking it through.

The NPCC goes on to say,

“we believe that the question of the responsibility for policing of private land is key. There is a question about the definition of ‘key national infrastructure’, and we would have concern about an explicit duty being placed on policing to deal with activity on private land.

We would be concerned about the impact to our operational response were the responsibility, risks, and costs for securing these sites to be moved from private sector organisations to the police. The impact on police resources, especially for the forces where much of this key infrastructure resides, could be substantial. We believe there is potential for other agencies and organisations to have the powers which would go some way to prevent this.

We believe that there needs to be a strong rationale behind what is considered key national infrastructure, taking into consideration the potential impact of any disruption taking place, so that there is no risk to confidence in policing in being seen to protect private business interests or placing an unreasonable burden on policing that will detract from our core mission.”

We argue that it is not fair to keep piling on new offences. In his evidence, Sir Peter Fahy talked very well about expecting the police to make sense of the new offences, then interpret them and then do all the work.

The Government could do more to work with the police, those who run public and private infrastructure and local authorities to support the right to peaceful protest, to work together to safeguard essential infrastructure, to review the measures that they have just introduced before coming back for more, to work on training, guidance and the resources that public order teams need, and to work on streamlined plans for injunctions that could protect the smooth running of essential infrastructure, if needed.

I again make it clear that we do not support those hardline protesters who keep returning to make people’s lives a misery. We do not believe that clause 4 will fix the problems that our evidence sessions highlighted. It will not speed up the removal of protesters who are causing serious disruption or be a deterrent for those who want to break the law. It risks creating more flashpoints for the police.

Our national infrastructure needs protecting. We hear the anger, irritation and upset when critical appointments are missed, when children cannot get to school and when laws are broken. Of course, the police must act but, unamended, the legislation is too broad to be workable.