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 (Third sitting)

Wendy Chamberlain Excerpts

Committee stage
Tuesday 14th June 2022 Public Bill Committees

[The Chair]

A few preliminary reminders for the Committee: please turn off electronic devices, or switch them to silent. No food or drink is permitted during sittings except for the water provided. Hansard colleagues would be grateful if Members emailed their speaking notes to [e-mail], or passed their written notes to Hansard colleagues.

We now begin line-by-line consideration of the Bill. The selection and grouping list is available in the room; it shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or similar issues. Decisions on amendments are taken not in the order in which they are debated, but in the order on which they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on an amendment are taken when we come to the clause to which the amendment relates. Decisions on new clauses will be taken once we have completed consideration of the clauses of the Bill. Members wishing to press a grouped amendment or new clause to a Division should indicate that when speaking to it.

Clause 1

Offence of locking on

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

I beg to move amendment 29, in clause 1, page 1, line 10, leave out

“or is capable of causing”.

This would limit the offence to an act that causes serious disruption.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 46, in clause 1, page 1, line 10, leave out from “disruption” to the end of line 12.

Amendment 30, in clause 1, page 1, line 15, leave out

“or are reckless as to whether it will have such a consequence”.

This would limit the new offence to ensure that there must be intent to cause serious disruption.

[Wendy Chamberlain]

As the Minister and others may be aware, I am a former police officer; I served with the Lothian and Borders police between 1999 and 2011. I am working with my colleague Lord Paddick, who is in the other place; he is also a former police officer, and considered the provisions of the Bill that were put in the Police, Crime, Sentencing and Courts Bill in the other place, so we have some experience of police debates.

[The Chair]

Order. I am sorry; none of the mics is working, so we will have to suspend the sitting for a few minutes.

--- Later in debate ---

On resuming—

[Wendy Chamberlain]

As this is my first Bill Committee, I was worried that I had already made a mistake. I am glad to hear that the issue causing us difficulty was beyond my purview.

As I say, I have policed events and protests; Lord Paddick has been the commander at them. I highlight the evidence that we heard last week from police officers, particularly Chief Superintendent Phil Dolby, who leads on the management of such events. What really came through for me in the evidence was the need for ongoing dialogue and agreement with those exercising their democratic right to protest. I have concerns that the legislation will hinder that dialogue. As former Chief Constable Peter Fahy said, we do not live in France or any other country with a paramilitary aspect to their policing. We do not want any legislation to risk our approach. I have concerns about that balance, about unnecessarily criminalising protesters, and about bringing into the scope of the legislation people who have nothing to do with a protest.

Chief Constable Chris Noble observed in his opening remarks last week that the vast majority of protest activity is non-contentious. I urge us all to remember that in our deliberations. The provisions in the Bill were introduced into the Police, Crime, Sentencing Courts Act 2022 when it was in the Lords last Session, and they were resoundingly opposed in the other place, so I am surprised that the Government are pretty much reintroducing the same measures and are not taking the experience in the Lords into account. I thank Lord Paddick, who spoke strongly against the provisions; the Chair may find that some of my remarks bear a resemblance to his.

Clause 1 will criminalise people who lock on even if there is no disruption caused, as long as there is potential for disruption. Amendment 29 would remove the words

“or is capable of causing”

which are incredibly broad and uncertain. If the Government are determined to create these additional offences—it appears that they are, given that we are back considering this Bill—the law that introduces them must be legal. These provisions are vague, undefined and open to subjective interpretation, as we will see in the law courts if the Bill as drafted passes into law.

The National Police Chiefs’ Council said in evidence that it is concerned about the phrasing, as it will be open to interpretation, and the onus will be on officers to decide the meaning. As I said in our evidence session last week, the first officer to attend a protest, whether they be a police constable, sergeant or inspector, is in charge and takes control and command—they lead. No one officer has the overall picture necessary to make such decisions, and I argue that this measure places the onus on individual officers to decide its meaning. Not only are the police unable to enforce such restrictions, but, as we have heard from organisations such as Amnesty International, the lack of certainty and broad scope makes the conduct in question illegal from the outset. That is not what we should intend to do in legislation. The provision severely curtails the fundamental human right to protest peacefully and will further damage our global reputation.

The clause potentially criminalises all sorts of protests. What about a counter-demonstration to stop holocaust deniers marching past a synagogue? If protesters linked arms to protect the synagogue, they could be caught by this clause. There is no definition of “capable of causing”. We do not criminalise behaviour that might cause crime. We prosecute people who have caused crimes.

[The Minister for Crime and Policing (Kit Malthouse)]

Amendments 29, 46 and 30 target clause 1, which introduces a new offence of locking on. Locking on is an extremely disruptive and often dangerous tactic that can place both protesters and police at extreme risk. It is unacceptable that protesters can use bike locks, glue and an imaginative range of other equipment to inflict disruption on businesses and the public, and the testimony we heard in the oral evidence sessions highlights the need for the Government to act.

Amendment 29 would raise the threshold of the offence by requiring a person’s lock-on to have caused, rather than be capable of causing, serious disruption before they were liable for the offence. That would not account for situations where, for example, a person locks on with intent to cause serious disruption but is quickly removed by the police before serious disruption can be inflicted. If there is to be a deterrent effect, it is important that those who commit acts that could cause serious disruption face appropriate penalties. I do not see the value of accepting the amendment.

Amendment 46 would inadvertently lower the threshold for serious disruption; it would remove the statement that serious disruption is caused by a lock-on only if the disruption applies to two or more individuals or the activities of an organisation. It is entirely reasonable to assume that if someone commits a lock-on that causes serious disruption to one or more person, they may be arrested and charged with the offence. I am not sure the hon. Member had the intention of lowering the threshold of application of this clause.

--- Later in debate ---

[Sarah Jones]

It was jolly good that the police were there and able to deal with that case. We do not need new legislation to enable them to do their job, which they did swiftly and well.

We will come on in more detail to the fundamental flaws in the Bill, but our underlying argument is that it will not deal with the small number of repeat offenders who come back time and again. It may, however, criminalise people who protest peacefully. Whatever the Government intended, that is not necessarily how the provision will be interpreted. That is why laws need to be drafted very clearly. As the former Prime Minister has said on several occasions, she might have thought that she would interpret her powers very sensibly when she was Home Secretary, but who knows who will come next? If we do not have sensible people making decisions, we do not necessarily want them to be able to interpret these very broad powers, so the law needs to be precise.

The hon. Member for North East Fife referenced Lord Paddick, who made the point that if the locking on

“were on a different road or at a different time, it would be capable of causing serious disruption. But if it is 3 am on a Sunday, is that still capable of causing serious disruption?”—[Official Report, House of Lords, insert date in form 1 January 2057; Vol. 816, c. 980.]

That is a good and interesting point. We are happy to support the amendments put forward by the hon. Member for North East Fife.

Amendment 46 addresses another of our concerns. All those who gave evidence last week discussed the scale of the disruption caused by protest. We were all horrified by the astronomical costs involved, such as the £126 million that High Speed 2 spent on protester removal, which might rise to £200 million next year. However, under clause 1, the offence is triggered where a lock-on causes disruption to just two people. There is clearly a huge difference between the enormous scale of disruption caused to HS2, or by lock-ons on the motorway, and disruption caused to two people. They are simply not the same thing, and it is problematic that the clause appears to conflate them.

[Wendy Chamberlain]

The hon. Lady has referred to the astronomical costs. The Minister said that it is for the courts to make some of the decisions around the wideness of the scope. The reality is that if we arrest more people for these offences and they go through the criminal justice system, those costs will increase. By having such a wide scope, we are making the situation more expensive in the longer term.

[Sarah Jones]

Sadly, the Government are good at wasting taxpayer money. We have seen lots of cases of the profligate use of funds; let us hope this will not be a similar case.

--- Later in debate ---

[Wendy Chamberlain]

It is obvious that on this side of the Committee we are keen to ensure that there is definition to what the Government are proposing so that people do not fall inadvertently within the scope of this. I agree with the shadow Minister, and we heard this in evidence last week, that those who see locking on or committing such offences as a badge of honour will not be deterred by what the Government propose. Although I do not intend to press either amendment 29 or 30 to a vote, it has been important for us to understand what the Government propose and the fact that they are continuing to press ahead with a wide scope for the clause. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Sarah Jones, do you wish to move amendment 46 formally?

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Division 1

Ayes: 6

Noes: 10

[Wendy Chamberlain]

I beg to move amendment 31, clause 1, page 1, line 21, after “fine” insert

“not exceeding level 2 on the standard scale”.

A person convicted of an offence of “locking on” may be subjected to a fine. Under this clause there is no limit on the fine that may be imposed. This amendment would place a maximum limit on the fine.

The Bill allows for unlimited fines but the amendment would limit the fine for the offence to level 2, £500. The amendment belongs with my amendments 34 and 37, because as currently drafted the offences of locking on, being equipped to lock on or obstructing major transport works can carry an unlimited fine.

To divert slightly, reference was twice made during last week’s evidence sessions—and this morning— to Scots law, although I appreciate that the Bill relates to England and Wales. Last week, the Minister referred to the crime of malicious mischief in Scotland, which carries an unlimited fine or prison sentence. That took me right back to my basic training days at the Scottish Police College—is it vandalism or malicious mischief? It is a crime at common law, and that is why it carries unlimited fines or imprisonment. The Scots Advocate, Andrew Crosbie, a member of the Faculty of Advocates in Scotland, describes common law offences on his crime.scot blog as follows:

“I tend to summarise common law cases…they’re crimes because they just are.”

You know us Scots, we are blunt and to the point. But common law crimes such as assault, theft, murder, fraud and breach of the peace were not created by Parliament, and as such are not defined in legislation. In fact, David Hume, whose statue stands outside the High Court of Justiciary in Edinburgh, pooled all the High Court decisions to produce the authoritative account of the state of Scots criminal law in the 1840s. All of those offences could result in unlimited fines or prison time, and I have lost count of the number of times that I charged someone with the breach of the peace, because it is a catch-all piece of legislation. The reality is that those offences do not carry those sanctions because sentencing decisions are usually made within a scale and scope, dependent on the seriousness of the offence and previous case law. I would argue therefore that, contrary to the Minister’s argument last week, it is not as straightforward as it first looks that Scots law is more draconian; it is about the scope of previous stated cases and decisions.

Malicious mischief consists of the wilful, wanton and malicious destruction of, or damage to, the property of other persons. There must be malice, either actual or inferred, on the part of the perpetrator, as destruction or damage caused by accident or under a reasonable belief of right, is not criminal. One main difference between that offence and vandalism is that the latter must result in damage to actual property, whereas under malicious mischief financial damage brought about by a criminal act would suffice. I hope Members will note why malicious mischief might be an appropriate offence in Scotland for some of matters that we are considering in the Bill.

From a police officer’s perspective, if property is damaged and the value of the damage is high, it may be more relevant to label the act as a common law crime other than vandalism. That is certainly how I recall it from my police college days—if it was high value, or involved cruelty to animals, it was malicious mischief, otherwise we preferred statutory vandalism.

I wanted to touch on that because in a democracy punishments are made to be proportionate to the crimes. Is it proportionate to fine someone potentially tens of thousands of pounds for a single act of protest? My simple proposal is that the fine should be limited to level 2 on the standard scale at £500. I am happy to hear from the Government should they have other proposals for a limit, but I argue that it cannot and should not be limitless.

[Sarah Jones]

The intent behind the amendment—to prove whether an unlimited fine is proportionate or not—is sensible. It is difficult to find examples of offences that have resulted in huge fines, and I wonder whether the Minister could provide some examples of the scale of fines for the offence set down in clause 1. I know that the coalition Government introduced an unlimited fine in 2015 under the terms of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The explanatory notes to those regulations state:

“For the most serious offences tried by magistrates that maximum is generally £5,000 although for certain offences where the financial gain from offending is substantial—for example in some environmental offences—the maximum fine can be as high as £50,000.”

How will the offences we are considering compare? I understand that when a similar amendment was considered during the passage of the Police, Crime, Sentencing and Courts Bill, the Minister in the other place said,

“We think that an unlimited fine is appropriate in the case of these new offences; a level 1 or level 2 fine…would not…in our view…reflect the seriousness of the conduct in question. An unlimited maximum fine allows courts to determine the level of any fine on a case-by-case basis, having regard to the gravity of the offence and the ability of the offender to pay.”—[Official Report, House of Lords, 24 November 2021; Vol. 816, c. 994.]

It would be helpful if the Minister could shed some light on an estimated fine that he believes could reflect the seriousness of the conduct in question, which, as we have just debated, is so broad in scope.

[Kit Malthouse]

I have already spoken about the harm that locking on can cause and we feel strongly that those who commit locking on should face a sentence proportionate to the harm they cause. The maximum fine of £500, which the amendment provides, is simply not proportionate to some of the offences we have seen and the courts should have the discretion to impose an unlimited fine on a case-by-case basis. Judges do this on a regular basis within the framework set for them, dependent on the individual’s circumstances, their relative wealth and the likely deterrent effect the fine will have.

Although I understand and hear what the hon. Member for North East Fife says about what happens north of the border with malicious mischief, it is the case that in theory that offence carries an unlimited fine and, indeed, an unlimited prison sentence, notwithstanding the guidance judges operate under. I am conscious that the fuel protestors recently arrested outside Glasgow have all been charged, as I understand it, with malicious mischief. We will wait to see what the result may be, but I have no doubt that Scottish judges will look to the circumstances of those individuals and the damage and disruption they caused while they decide what the fines should be. Although she might say that that is not more draconian, we are simply seeking to mirror what would be experienced north of the border, and I urge the hon. Lady to withdraw the amendment.

[Wendy Chamberlain]

We ask the Minister to accept that because malicious mischief is a crime of common law there are unlimited fines and imprisonment attached to it. We have no legislation that does not have a fine scale within it, which is why I think we should ensure that we have something on this. My amendment is very much intended to probe what the Government would consider reasonable, so I have no intention of pressing it to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Sarah Jones]

Clause 1, as we know, establishes a new criminal offence targeting people who engage in the act of locking on. It criminalises those who attach themselves to another person, an object or land, those who attach a person to another person, object or land and those who attach an object to another object in the same scenario, as long as such activities cause or are capable of causing serious disruption to two or more people or to an organisation in a public place. Those involved must intend the act to cause and be capable of causing serious disruption to two or more individuals or an organisation or be reckless as to whether it will have that consequence. A reasonable excuse is the defence, and breach of this offence means a maximum of 51 weeks imprisonment, a fine or both. That is how the clause is laid out in the Bill.

I should make one thing clear at the start. During the evidence sessions last week we heard examples of really egregious breaches of law—smoking on oil tankers, gluing oneself to motorways and tunnelling under High Speed 2. There should be no doubt that those are examples of criminal behaviour. They are also highly dangerous to the protestors, to the police and to the public. Many of the examples of what is called protest, as several witnesses explained last week, involve people who have gone way across the line and are committing criminal acts. We do not think that those are examples of legitimate protest; they are criminal acts.

We heard about the deportation flight in 2017, scheduled to take off from Stansted. Protestors cut through the safety fencing around the airport perimeter and locked themselves on to a Boeing 767 jet. Flights were disrupted, delayed and cancelled and the runway was closed for an hour. For oil refineries or oil tankers, as Elizabeth de Jong mentioned, people lock themselves on or attach themselves to the top of stationary tankers, often full tankers. They have locked on at height, often with machinery. Once again, that is illegal behaviour. We also heard evidence of protestors blocking motorways. Insulate Britain blocked junction 25 of the M25, which is the Enfield junction to the north-east of London. Four protesters sat on the road, on both sides of the carriageway. There can be no doubt that that is dangerous to road users and the police as well as the protesters.

--- Later in debate ---

[Wendy Chamberlain]

The hon. Lady has given a very good example. We on the Opposition Benches accept that there are forms of protest that are illegal, which we heard evidence about last week from witnesses. However, we also heard that there is a hard core of illegal protesters who will not be deterred by this Bill. The people who will be deterred are those who wish to engage in peaceful and legal protest, as is their democratic right, but will be prevented from doing so.

[Sarah Jones]

The hon. Lady is absolutely right, and it is also the case that we have seen protests of this scale and nature for many years. The problems we see now are not unique, and they are able to be dealt with through existing legislation.

Our fundamental argument is not that people who are gluing themselves to motorways are not committing an offence or causing a major problem. It is not that the people who were digging tunnels at HS2 sites were doing nothing wrong, and nor is it that the representatives of HS2 and the others who gave evidence to us are wrong to ask that something be done. Our argument is that, first, the Bill will not act as a deterrent to the small number of people we are talking about—those who repeatedly offend and, indeed, want to get arrested. Secondly, it will not speed up the practical business of removing those who lock on. As we heard about the protest at the newspaper, it took several hours for specialist police to arrive. That was the cause of the delay, but once those police arrived and removed those who were locking on, the problem was dealt with. The delay was the problem, and the Bill will not do anything about that.

Thirdly, there are plenty of existing powers that can be, and are, used by the police. Fourthly, lots can be done, and is being done, to improve the way in which the police manage protests, as a result of Matt Parr’s report and other things. Finally, the Bill is drawn so widely that it risks criminalising non-criminal contact, which will have a huge, chilling impact on people who want to peacefully protest. In short, it seems that the Minister wants us to move towards the French, Spanish and Italian systems that we heard about from Peter Fahy. I will read a paragraph from his evidence, because I thought it was incredibly powerful:

“People do not realise that we are pretty unique. When you hear about the sophistication and negotiation the chief superintendent talked about”—

that was the West Midlands chief super—

“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.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 62, Q122.]

Peter Fahy also said:

“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 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”.––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 50, Q110.]

The reason why we are here in this House is to make the best law we can, but as it stands I do not think that the breadth and scope of clause 1 is proportionate to what we are trying to deal with. The right to protest is not an unconditional one; nobody says that it is. It will always be about mediation and compromise, and action where there needs to be action. I and other Opposition Members are horrified by some of the disruption that we heard about in the evidence sessions.

--- Later in debate ---

[Sarah Jones]

Amendments 47 and 48 are in my name, and I will speak to amendments 32 and 33 in the name of the hon. Member for North East Fife.

Amendments 47 and 48 are similar and intended to deal with a similar problem. Amendment 47 narrows the clause and puts the onus on the police to be sure that a particular object was absolutely intended to be used in a lock-on, not just that it “may” have been. We should be clear—again, we will talk about this when debating clause stand part—that, if the police are to criminalise someone for being equipped to lock on, which we disagree with, then they must be entirely clear that the object in question is absolutely there for a lock-on.

Liberty, for example, expressed concerns about a vast range of possibilities of things that “may” be used in the course of locking-on. I hope that the Minister will help us with his ideas of what “may” means. Speaking to amendment 48 as well as this amendment, would bottled water or food for other people who are locked on come under that definition? They may be used in a lock-on, although also most likely would not be.

Amendment 48 also contains important wording changes to protect those good people who attend protests with entirely the best intentions, but who risk being criminalised by drafting that is too broad. The amendment removes the possibility that an individual could be criminalised due to the possibility that an object in their possession may—“may” is the important word here—be used by someone else in the course of a lock-on. Let us imagine that my son is on his way to a protest. He cycles there, much as my staffer cycles to work. He is already at risk of criminalisation by having a lock in his bag. As it turns out, however, he is doubly at risk, as that lock could be used by any person for a lock-on and he would be liable for it. It should be noted that the clause also does not contain any reasonable excuse defence.

Such issues, because bad and careless drafting gives clauses such breadth and scope, cut to the core of what we are grappling with in the Bill. As I said earlier, the Opposition do not stand with those who cause serious disruption and break the law, but we absolutely stand with those who protest peacefully, not causing disruption, and who wish to be loud, annoying and proud in a peaceful manner about the issues that they deeply care about.

[Wendy Chamberlain]

My party and I are happy to support Labour’s amendments 47 and 48. The scope of my amendments 32 and 33 is similar.

The intention of our amendment 32 is to probe what might be criminalised in connection with an offence. The theme this morning has been the broadness of the legislation as drafted, and the Opposition are looking to get some definition of what that might look like. Amendment 33 intends to ensure that the person who is prosecuted for the offence of being equipped also did the locking on themselves.

My concerns are linked to those set out by the shadow Minister, the hon. Member for Croydon Central. As she asked, will the provision of food and drink to someone engaged in protest activity be included? What about medical supplies, if a protester is injured in the course of the protests? What about a parent, simply worried about the safety of a young adult, who makes sure before they go to a protest that they are wearing sturdy clothing? What about the community group that lends its loudspeakers to an event?

The scope is so broad that such people, arguably, could get caught. This morning, we have discussed how the law will be interpreted. Those interpretations, given the Bill’s existing scope, are valid. What about people who happen to be caught passing a protest while carrying material used for locking on? For example, lots of MPs cycle in to Westminster, and demonstrations happen in Westminster all the time. Are MPs to be caught by this legislation simply because they are carrying their bike locks as they make their way into the estate? Under the Bill, that could theoretically happen.

While the police may not prosecute MPs, we know from the evidence we heard last week and from other evidence that sections of the population are overly policed. We will discuss the stop-and-search powers later—I am sure that Members will have much to say then—but if the evidence currently says that black people are eight times more likely to be stopped and searched, it follows that black people will also be disproportionately criminalised for carrying innocent items in the wrong place at the wrong time. As such, I am keen to hear from the Minister what this clause includes, and for amendments to be tabled that will limit its scope appropriately.

Amendment 33 addresses some of those problems. As drafted, the Bill allows for someone to be prosecuted for carrying an item that someone else uses to lock on. This has the potential to criminalise people who are peacefully protesting, or indeed those who are not protesting at all. We need to be clear: it is not a crime to attend a protest, nor is it a crime to carry the sorts of household items that are used for locking on—if that were the case, how would anyone purchase those items? Doing so without then breaking the law, simply put, cannot be a crime.

[Kit Malthouse]

I will speak to the amendments now, and then speak more substantively on stand part.

The amendments seek to raise the threshold for the offence of going equipped to lock on. Amendment 47 would raise the threshold for that offence, requiring that individuals “will” intend that the equipment be used in the course of locking on, rather than “may” intend. It is important that the police can protect the public from the possibility of someone locking on. Raising the threshold of the offence to “will” rather than “may” would restrict its effectiveness and the ability of the police to take proactive action against lock-ons, which we heard from the operational police chief during our evidence session was critical to minimising disruption.

Amendments 32 and 48 would remove from the scope of the offence of being equipped to lock on, someone who carries equipment intended to be used in connection with the locking-on offence, rather than in the course of that offence. Amendment 33 would also narrow that offence by applying it only to the individual who commits a lock-on. These amendments would mean that during disruptive protests, those who deliberately brought lock-on equipment to hand over to fellow protesters for them to use would not be criminalised for doing so, effectively allowing protesters to continue to legally provide lock-on equipment to others and removing a key deterrent aspect of the offence. Doing so would severely limit the effectiveness of the offence in stopping the use of lock-ons from spreading during a fast-moving protest situation, and I am afraid that we cannot support it. We ask that the amendment be withdrawn.

[Sarah Jones]

Given the vote that we have had on a similar measure, I see little point in pressing amendment 47 to a Division. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Wendy Chamberlain]

I beg to move amendment 34, in clause 2, page 2, line 17, after “fine” insert

“not exceeding level 1 on the standard scale”.

A person convicted of an offence of “being equipped for locking on” may be subjected to a fine. In the Bill there is currently no limit on the fine that may be imposed. This amendment would place a maximum limit on the fine.

The amendment is very similar to the amendment to clause 1 that I tabled previously. It ensures that any fines levied for the offence of being equipped for locking on are quantified, rather than left as an unlimited fine. I have very little to add beyond the remarks that I made regarding my previous amendment.

[Kit Malthouse]

As I made clear when speaking to the hon. Lady’s previous amendment, we disagree with lowering the maximum fine available for this offence. We feel strongly that those who commit lock-ons and carry lock-on equipment should face a proportionate sense of the harm they cause. The maximum fine that the hon. Lady proposes, £200, is simply not proportionate; we believe that the courts should have discretion to apply an unlimited fine. As such, I encourage the hon. Lady to withdraw her amendment.

--- Later in debate ---

[Wendy Chamberlain]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Sarah Jones]

The clause creates a new criminal offence targeting people who have an object with them in a public place with the intention that it will be used in the course of or in connection with the commission of the new offence of locking on, as we have been debating. The punishment for the offence is an unlimited fine.

Our concerns about the clause should be read and understood in conjunction with our concerns about clause 1. This very short clause is too vague and ambiguous to be useful. Line 12 talks of an “object”, but that object need not be related to protesting at all. All that is required to be criminalised under this offence is that a person might have intended to use the object—potentially, any object—in a certain way. Perhaps more pressingly—I will come back to this later—the object does not have to be used by the person who has it in their possession. It needs to be used only

“in the course of or in connection with”

a lock-on.

It is so important that we consider the limits of the legislation that we create in this place. None of us who works here in Parliament is a stranger to protests. We see them outside our offices almost every day. The example of the bike lock is real and I do not think it has been meaningfully disputed by the Minister. Perhaps it is in someone’s bag or attached to the bike, but that makes no difference.

Someone could wheel their bike through Parliament Square—multiple protests might be going on at once, which is not uncommon—and be in potential breach of this legislation. No proof that the bike lock is to be used in a lock-on is needed, only that it “may” be. Hard-working, law-abiding people simply trying to get in to their place of work are at risk of being found to have committed this offence. The original drafting of the clause is deeply ambiguous.

It was notable that so many of our witnesses last week spoke of the deterrent effect that they hoped the Bill would provide—a desire for something to be done to act as a deterrent. John Groves from High Speed 2 Ltd hoped that

“this legislation is about the deterrent effect”.––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 18, Q28.]

Nicola Bell noted:

“what is included in the Bill, I hope, offers that deterrent.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 20, Q37.]

We have real doubts, however, as to whether the Bill will provide anything close to a deterrent to hardcore repeat offenders. Instead of providing a deterrent to the hardcore of the protest movement, who are intent on causing disruption, such people might be delighted that their lock-on protests would be criminalised. We were told last week that those protesters

“will not be deterred by this legislation.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 44, Q91.]

For them, going to prison for the cause is a badge of honour.

Sir Peter Fahy said:

“I do not know whether there is actually any evidence that people are deterred...but clearly some people are so determined, and have a certain lifestyle where it does not really have any consequence for them, that—if anything—it makes them martyrs.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 58, Q120.]

However, we must absolutely not ignore the people who will be deterred, those who are not willing to go to prison, but who might not do anything illegal at a protest—those who just want to express their democratic right.

The title of Matt Parr’s report was “Getting the balance right?”, and it seems abundantly clear that the Government have not got the balance right with this legislation. I note that, with regard to lock-on, he was

“impressed by forces for the work they have done to make sure that PRTs”—

protester removal teams—

“are able to deal safely with lock-ons.”

He noted:

“It is vital that PRTs remain up to date with the rapidly evolving problems presented by lock-on devices.”

I agree, and much of the evidence from last week suggests that improved sharing of best practice, more resources and better training would help the police to deal with nuisance protests much better—without the need for this specific legislation.

Lord Rosser noted in the other place:

“The reality is that powers already exist for dealing with lock-ons. What we should be looking at is proper guidance, training and…improving our use of existing resources and specialist officers.”—[Official Report, House of Lords, 17 January 2022; Vol. 817, c. 1433.]

Matt Parr’s report also notes that most interviewees, who were junior police officers, did not wish to criminalise protest actions through the creation of a specific offence concerning locking on. With regard to his fifth proposal, Matt Parr noted explicitly that the purpose was not to create an offence of lock on during a protest. He did not call for that in his report.

The Government have brought back these overreaching clauses without any real evidence that they will work. Our witnesses were unable, quite rightly, to comment on the new clauses with any specificity. Elizabeth de Jong was unable to be specific about how the clauses would help. She noted:

“I can see a direct reference to locking on.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 33, Q59.]

Steve Griffiths stated:

“I am really here to talk about the impact of disruption, and I am probably not qualified to comment intensely on the Bill.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 34, Q60.]

He later noted:

“I cannot really talk about the policy itself”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 39, Q81.]

Those witnesses were right: they were present to define the problem as they saw it, and not to tell us that the legislation will work: that is our job. In the Opposition’s view it will not work. It is fair and understandable that the witnesses instinctively feel hopeful about something being done, but they did not claim that they had the expertise to know that.

The clauses, which make provision for the offences of locking on and going equipped to do so, are ill thought through and represent a knee-jerk reaction to events that have caused real disruption and annoyance—no one disputes that. There were criminal acts that were infinitely more disruptive to people and the police acted. There is no evidence that the clauses will act as a deterrent and it seems likely that they will be welcomed by the hard core of protestors who are willing to go to prison for their cause. The clauses will, however, deter those who come to protest peacefully, and that is our concern.

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.

Public Order Bill (Second sitting)

Wendy Chamberlain Excerpts

Committee stage
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.

Public Order Bill (First sitting)

Wendy Chamberlain Excerpts

Committee stage
Thursday 9th June 2022 Public Bill Committees

[Lee Anderson]

Q Just one more question, Mr Noble. This is about tunnelling—protesters tunnelling underneath roads and fuel depots. My big concern is that somebody is going to get seriously hurt, whether that is the protester or, more importantly, the police officers. Can you just explain what you have to deal with—not on a daily basis, but in general—with tunnels, and the measures that you have in place to protect your officers.

Chris Noble: This is very close to home. We have a live operation in Staffordshire, which has been running now for some time, involving a number of protesters. It is incredibly complex, clearly. We have a limited idea of what is going on under the ground, in terms of what risks might be there. Are they near utilities? What risk could there be in terms of collapse of tunnels? It is clearly not a safe environment unless it is done by professional tunnellers. There is an inherent risk there, as well as the impact on the legitimate business going on in that area.

At this point—this probably goes to the core of one of the key issues that police are keen to discuss within the Committee—the vast majority of that work is done by the landowners and private companies that are skilled and experienced within this work. While I have some dedicated resources allocated to that at present, if that responsibility was to significantly shift to policing, it would cost me probably in the region of £80,000 a day to resource that. It would need significant officer resources, which clearly would need to come from elsewhere, so it is not only inherently dangerous; it is costing significant money and it is undoubtably impacting on the genuine, legitimate business interests of various companies.

The key, for me, is not so much even, necessarily, an offence around tunnelling, because we may well have powers that, broadly speaking, exist to deal with it—we are keen to develop that conversation. The challenge is in preventing it in the first place, and then in how we can work with industry and landowners on how we could potentially remove individuals more quickly. However, we are concerned that we have seen tunnelling come back on the radar again, and people will be held to account for what they do.

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

Q Good afternoon, chief constable. Thank you very much for your time. The Minister asked you about training requirements. Can I ask about Staffordshire police in the first instance? How many officers do you have trained in these tactics, at command level—gold, silver and bronze—and among the police officers that are deployed?

Chris Noble: From a gold point of view, we probably have two or three officers who are trained or just about to do a credit, but we are also able to draw on neighbouring forces for that strategic support and command role, and top that up as necessary. Silver-wise, it is probably more in the region of maybe a dozen officers, again either accredited or being trained. For bronze, it is probably more in the region of a couple of dozen officers.

Now, this is not their day job. They do not wake up every morning and become a bronze commander and that is all they do—they are neighbourhood officers, they work in the criminal investigation department, they work in public protection teams—so while we have significant numbers of command officers, they are constantly being drawn for other matters. Whenever we have environmental protests or protests around High Speed 2 or other areas, there is a drain of that leadership role from elsewhere. We maintain hundreds of other officers within Staffordshire with a range of public order skills and capabilities but, again, none are completely dedicated to it. We would have about two dozen officers trained, as a minimum, in some other specialist skills as well. It is a significant commitment to maintain that training, but Staffordshire has definitely attracted some significant protest activity, so it is a necessary investment.

[Wendy Chamberlain]

Q When you say “significant”, what are we talking about in terms of abstraction rates, not only in terms of policing these protests but in terms of training?

Chris Noble: Training for the more specialist roles could be at least two or three weeks a year, in terms of the various skills that they need to maintain. For general public order trained officers, you are talking about two to three days per year to maintain that. From a command point of view, depending on refreshers, it could be a week a year. The bigger challenge is when they are deployed. If we take, for example, Just Stop Oil—we supported colleagues in a neighbouring force. Our protest removal team was essentially out of force for two weeks, consistently maintained within those deployments. There are abstractions around training, but we are finding because of the dynamics of the protest environment at the minute, either in force or supporting other parts of the country, those abstractions are increasing.

[Wendy Chamberlain]

Q Is the reality that with new legislation, and therefore additional training requirements, those abstractions would potentially be increasing?

Chris Noble: I see your line of questioning. I suppose we would be hopeful that by being able to intervene earlier, we could maybe limit the impact of protest. I think the proof of that will come out in terms of whatever moves from the Bill into formal legislation.

The biggest challenge that policing has at the minute—one we are keen to discuss as the Bill progresses—is any shift from public realm protest policing. If we moved more into a private space than currently, we would see that as potentially being incredibly significant for money and opportunity lost in terms of policing communities. Those abstractions would probably quite fundamentally change my local model of policing, in terms of being able to maintain that. That does not mean that we are any less committed to working with businesses and organisations to try to minimise the extreme disruption that can be caused to them on occasions.

[Wendy Chamberlain]

Q The report from Her Majesty’s inspectorate of constabulary and fire and rescue services, “Getting the balance right?” found that insufficient officers were coming forward for training in these roles. Is there any evidence that you have seen that that has changed?

Chris Noble: Not within Staffordshire. That said, when you look at the challenge that is applied to policing of protest from those who protest, from those who are not happy with protest and those in the media looking on, I am not quite sure why some people would want to, but they do—they step up. They are excellent. They come back from training. They seek out the roles. They are open to feedback and learning and training. I have a huge amount of regard for them.

I have not found people being reticent to step up because, fundamentally, it is a core part of our democracy. Having local officers dealing with local protest, who are then policing those communities the next day, is incredibly important for me. I have not seen a reticence, but it is an incredibly challenging job. Very often, there is a perception that we do not get it right, when actually the inspection report was very clear that in the vast majority of occasions we did and a minor recalibration was required around the balance we needed to strike.

[Wendy Chamberlain]

Q Obviously this legislation is England and Wales only, but as we saw in COP26 in Glasgow last November, mutual aid is critical for policing services across the UK. What assessment has been done by the NPCC in relation to the impact the change in legislation might have on mutual aid?

Chris Noble: There is a rolling assessment with a part of policing called NPoCC, which is the police co-ordination body. As it becomes clearer what legislation will take place, those conversations will step up in terms of what it might mean for other jurisdictions, whether the legislation applies and whether the learning transfers across. We are constantly in contact with the devolved Administrations, and with European colleagues more widely, about legislation, tactics and police capability. Rest assured that those conversations will continue.

[The Chair]

Andrew Bridgen and then Anne McLaughlin, but we will need quick questions and quick answers if everybody who wants to participate can get a chance.

--- Later in debate ---

[Mrs Elphicke]

Q I just want to draw on that a bit more, Mr Groves. I think most people recognise that there is a difference between making a political protest and just causing trouble—deliberately blocking national infrastructure and affecting other people and how they go about their lives. Tunnelling is obviously far less visible than the sort of thing that we have seen on the highway. What do you feel is the intent behind some of the activity you see? Is it just to stop what you are trying to do?

John Groves: Absolutely. The protestors state that in their social media posts and in the things they say directly to us when we are talking to them. They are intent on stopping the project. They want to stop the railway. They believe it is the wrong thing to do.

We have had to shift how we approach the removal operation by taking land earlier, to build in sufficient time for removal, so that it does not have a direct impact on the programme. We have learned as we have gone along and, as the protestor strategy has changed, our reaction to that has changed. Again, it is expensive work, having to have a High Court enforcement team, paramedics and mine rescue there 24/7, since 10 May, until they come out. Then we hand that over to the police and also probably the ambulance service.

[Wendy Chamberlain]

Q I thank you both for your time. What has come through strongly in your evidence is about very committed groups of individuals who have no regard for the law as it currently stands and are continuing to break it. What you have both said is that you hope this additional legislation will be a deterrence. Why do you think this legislation will be a deterrence, given what we have just described and what you have illustrated about very committed groups who pay no attention to the law?

John Groves: I would expect that, if the legislation is enacted and the police pursue charges against individuals who are breaking these laws, it will have a direct effect. At the moment, when you compare the number of incidents we are seeing against the number of prosecutions and convictions, there is a disparity. I would hope this legislation would initially have a significant effect, and hopefully the deterrent effect will tail off after that and we would see a reduction in it. That is how I see it.

Nicola Bell: Similar to what I said earlier, for me it is about that repeat offence, where people keep going back out. That is one of the biggest impacts for us—what could be used under the serious disruption prevention order. I guess it is about them having more powers. All I can say is that, with the system as it is working at the moment, the police are telling us they do not have anything to deter and so they continue this repeated behaviour—hence why the injunctions were sought.

[Wendy Chamberlain]

Q Mr Groves, you said that these groups are very good at looking forward and looking at where you are. Once this legislation is in place, where do you think these people will go next?

John Groves: I do not know. In terms of the numbers of people we see protesting against HS2, we think there is roughly about 150 that are the core. Within that, there is a focused 20 people. It is not a big number, but we also see that they move between different causes and different protests. I suspect that we will see some of the people Nicola has been talking and vice versa. They will move. If there were a new Heathrow runway being built or a new nuclear build, they would probably move in those directions as well.

It is a relatively, I think, small community, albeit they draw in quite a large number every now and then. They will move on to other things, which is probably why the order would be helpful in that respect. At the moment, we are focused on HS2 actions in terms of our security and injunction work, but if the order has a broader effect across protester activity in general, that would be positive.

[Andrew Bridgen]

Q My questions are for Mr Groves. I will declare that I am no fan of HS2. Indeed, I voted against it at every opportunity I had in the House. However, as we all know, the majority of the House approved the project. Many of my concerns are about the spiralling cost of HS2. Could you tell the Committee again the costs of security measures for HS2 and removing protesters? Do you have any estimate of what the savings would be to the taxpayer if the Bill is enacted?

John Groves: It is not just standard security for a site, which you would expect to see anywhere. The direct costs of protester activity to the taxpayer up to the end of March were £126 million. We estimate that by the end of next year, that could in a worst-case scenario reach £200 million.

Homes for Ukraine: Visa Application Centres

Wendy Chamberlain Excerpts

Thursday 28th April 2022 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for the Home Department to provide an update on the working of the visa application centres in relation to the Homes for Ukraine scheme.

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

The whole country is united in horror at Putin’s grotesque war, and we stand with the Ukrainian people. Many in this Chamber wear it as a badge of honour that they were sanctioned by the Kremlin yesterday due to that support.

We are delighted that so many British people have already put forward generous offers of help to displaced Ukrainians. Nearly 90,000 visas have been issued so that people can rebuild their life in the UK through the Ukraine family scheme and Homes for Ukraine. Our visa application centre footprint in Europe has traditionally been small, in line with the fairly limited demand. This is because EU nationals had freedom of movement and, post-Brexit, EU nationals do not need visas to visit the UK, with applications from European economic area nationals for key routes such as skilled worker and student visas able to be done from home via our fully digital application route.

As the Ukrainian crisis escalated, we increased appointment capacity across Europe, going from offering about 2,000 appointments a week to offering 13,500 appointments a week. In the run-up to the recent Russian invasion, we established a new visa application centre in Lviv, and we kept our visa application centre in Kyiv running right up until the Russian attack was launched. We also established a new application point in Rzeszów near the Polish border with Ukraine. We were able to offer walk-in and on-the-day appointments to customers wishing to apply for the initial family member concession route and were able to fulfil all appointments wherever they were required.

I am pleased to advise the House that visa application centre appointments are readily available in all locations across Europe, and in the majority of locations are available on the same day for customers looking to book a slot. As we have throughout, we will continue to stand shoulder to shoulder with the people of Ukraine.

[Wendy Chamberlain]

Thank you, Mr Speaker, for granting this urgent question.

We all know that the conflict in Ukraine has been devastating, and the resulting humanitarian crisis is outwith the control of any Government. Members of this House are now familiar with UK Visas and Immigration and the Homes for Ukraine scheme, but refugees—not “customers”—without passports are required to go through additional checks at in-country visa application centres, following which their permission to travel is provided in person. The majority of those who are required to go through this are very young children who do not yet have their own passport.

The problem is that the VACs are not providing anywhere near the service required and the Home Office seems unable to do anything about it. VACs have been outsourced to TLScontact for the past nine years, with the contract renewed twice. However, before the current crisis, an inspection found that TLScontact was missing targets, there was a lack of support for vulnerable applicants and there was no transparency from the Home Office in relation to the service level.

My own constituents’ case exemplifies these problems. Sofia and Kirill are four and seven. They have experienced significant trauma from the devastation they saw before leaving Ukraine. Their application was initially submitted in mid-March. I am pleased to say that, finally, it was granted last night, but this was weeks after the adults in their group were able to travel. In that time, the family made three visits to the VAC, each time waiting for hours and then being sent away. Each child was issued documentation that was factually incorrect and had to be reprocessed, and throughout this the family were moving between temporary accommodations in Poland, with no certainty and no funds. My office has been extensively involved in trying to conclude this case, with representations made to senior Home Office officials and via the Minister for Refugees. Even they could not get answers. It was admitted by one official that this was not the service we should expect at a basic level, never mind for families fleeing war.

What are the current oversight arrangements for TLScontact and for its day-to-day operation of VACs? What steps are being taken to improve such oversight and to prevent the current black hole, whereby no one has overall responsibility for their proper functioning? What was the outcome of the Minister for Refugees’ visit to see the areas surrounding Ukraine? Did he visit any of the VACs? What issues did he identify and what steps are being taken to resolve them? What steps are being taken to ensure immediately that FAVs—forms for affixing the visa—are issued to families promptly and without error? What steps are being taken to ensure proper communication with families? I am not asking for an update on a particular case. I am asking a fundamental question about operations.

[Kevin Foster]

It is worth outlining where we see the future of our immigration system. As I touched on in my statement, EEA nationals already make fully online applications, for things such as student and skilled worker visas. When we rolled out the British nationals overseas route last year, we included a fully digital application system, which the vast majority of applicants have used. Our future work is to move away from people having to go to a VAC every time they want to apply for particular types of visas, including visit, student and skilled worker visas, and for a range of products that people apply for. For example, we will be moving to more of a system where we re-use biometrics or are able to extract biometrics via passports. Our future vision for the UK immigration system looks towards a time when a lot fewer people will be going to a VAC than are doing so today, and that technology will be used. We have seen that move in the Ukraine schemes. For example, about 90% of those who have now been granted visas under the Homes for Ukraine scheme have done this via the biometric bypass: they have not had to attend a VAC. We are also looking to roll out next month the system that will allow those who have come to this country with six months on a permission to travel letter to then be able to apply for the full visa from home, as would those looking to travel after that. So we are looking to reduce significantly the number of people who need to use a VAC.

That said, for those who do not have valid international passports the VACs perform a role of carrying out safeguarding checks, particularly in relation to children. For those of a younger age, we are not looking at the same security checks as we would do for an adult. For children, we are ensuring that key safeguarding checks are done. As we have said, our feedback at the moment is that there is wide availability of appointments, and that a large number of visas have been issued and people have arrived in the UK, having been through that process, in relatively significant numbers. We continue to work with our provider to improve the service on offer, but, as I say, our long-term vision is moving strongly away from VACs and things such as the issuing of vignettes, and instead looking towards e-visa permissions, which will mean that people do not need to go to collect something physical in their passport to allow them to travel to the UK. That is where the vision is going, but the changes we have made to the two systems, allowing the biometric bypass, means that the vast majority of people now making applications need to go nowhere near a VAC.

HM Passport Office Backlogs

Wendy Chamberlain Excerpts

Wednesday 27th April 2022 Commons Chamber

[Kevin Foster]

First, I thank the hon. Gentleman for his comments about passport office staff. As he knows, a large number of Home Office staff are based in Liverpool—we have fantastic staff in those decision-making hubs—so it is good of him to recognise their contribution. I understand that there is regular engagement with staff trade unions. Just to be clear, the weekend working is based on incentivised overtime, not on people being compelled to work. If the hon. Gentleman gives me the details of the individual case he raised, I will happily follow it up.

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

The Minister said in his opening remarks that over 90% of applications were meeting the timescales, but the particular problems, based on my own casework, seem to be with first-time applications and children. As we have seen with the Homes for Ukraine scheme, we are leaving families hanging while they wait for a child’s application to be processed. What assessment has he made of how the Passport Office is linking applications together, because too many families are losing out while waiting for one application to be processed?

[Kevin Foster]

Passport applications would not usually be linked together as such. It is not like applying for a travel visa, for example, when a family will travel together. This document confirms that someone is a citizen and lasts for 10 years. As I have said, the service standard of 10 weeks applies to paper-based applications and to the digital service, although adult renewals via the digital service will inevitably be quicker, and we would not delay issuing a passport if it was going through the paper process. Certainly, 90% between January and March were issued within six weeks, so not the 10-week standard, and over 1 million were issued last month. For a first passport it may take slightly longer—that is more likely to be a paper-based application—but the 10-week standard still applies.

Ukraine Refugee Visas

Wendy Chamberlain Excerpts

Thursday 31st March 2022 Commons Chamber

[Kevin Foster]

We have certainly provided support, and we have a support hub out in Poland. We have also simplified the form quite significantly since the launch of the Ukraine family scheme, removing a number of parts that did not require basic security and safeguarding checks. Working with our colleagues in the Foreign, Commonwealth and Development Office, we are keen to look at what further support we can provide not only to those who are applying to our two visa schemes, but, for example, to the relatively small number of surrogate babies that will be born British in Ukraine. We will look at what support we can have available once people have crossed the border into Poland.

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

I echo the comments of the right hon. Member for New Forest West (Sir Desmond Swayne) about what has been available in PCH. I have certainly made some real progress with cases, but I am concerned that those staff will not be available during recess. Even a skeleton staff would be helpful there. Following on from the comments of the Chair of the Home Affairs Committee, I have a three-year-old stuck in Poland, with a birth certificate but not a passport. UK Visas and Immigration has said she needs biometric security clearance as a result. Are we really going to make the family wait weeks or even months to join relatives in the UK because UKVI thinks their toddler needs a security check?

[Kevin Foster]

We would paint cases involving children as having safeguarding checks rather than security checks, which were touched on in another context earlier today. In terms of our visa application centre capacity, given that the vast majority are now applying without needing to make a biometric appointment, there is capability. Certainly in urgent or compassionate cases, we would look to find availability quickly and, as touched on in answer to a previous question, we would look to turn around the visa decision quickly as well.