Public Order Bill

Debate between Wendy Chamberlain and Joanna Cherry

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).

Policing and Crime

Debate between Wendy Chamberlain and Joanna Cherry

Wednesday 29th January 2020 Commons Chamber

[Joanna Cherry]

I wholly agree with that. Matters such as criminal justice, policing and tackling violent crime are best fought as close to home as possible by people who understand the communities in which these issues occur. As I have said, Scotland has a good news story to tell about fighting violent crime and about policing numbers, and I am sure that if the wishes of Plaid Cymru and the Labour party, who I believe considerably outnumber Conservative MPs in Wales, were listened to, Wales could benefit in a similar way.

I stress that there is no room for complacency in Scotland, and my colleagues at Holyrood continually strive to improve matters, but I think that Scotland’s successes are something from which the UK Government could learn. I therefore hope that Ministers will listen to this carefully, because what I am going to say is based on evidence, rather than flung-about allegations about policy failures. In Scotland, crime is down to historically low levels. Recorded crime has fallen by 41% since 2006-07 and non-sexual violent crime is down by 43% since 2006-07. Cases of homicide have fallen by 25% in the past 10 years, and the Scottish crime and justice survey shows a 46% fall between 2008-09 and 2017-18 in violent incidents experienced by adults in Scotland.

It is well known that Scotland moved in recent years from having eight regional police forces to a single police force, and it is worth bearing in mind that that was a bit of a no-brainer. Scotland’s population is only 5.5 million, which seems a sensible number to be policed by one force. In the days when I was prosecuting, having multiple different practices across the regions of Scotland caused problems. The benefit of a unified police force in Scotland is that we have been able to improve best practice across the force, but do not just take my word for that. Let us hear what Rape Crisis Scotland has to say about the single police force in Scotland:

“The move to a single police force has transformed the way rape and other sexual crimes are investigated in Scotland. It has allowed far greater consistency of approach, including to the training of police officers and to the use of specialist officers.”

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

I acknowledge what the hon. and learned Member says in relation to Rape Crisis and serious crime and in relation to Police Scotland, but does she acknowledge that moving to a single police force in Scotland has taken away the third leg of the stool in terms of local accountability, meaning that the police force is now a much more politicised institution than it was prior to unification?

[Joanna Cherry]

With all due respect to the hon. Lady, whom I congratulate on her recent election victory, I cannot agree with that. It is a political point that the Liberal Democrats repeatedly try to make in the Scottish Parliament, but it is not borne out by experience.

Police officer numbers are up by 1,000 in Scotland despite significant cuts to Scotland’s budget from Westminster. As of 30 September 2019, the total police officers were up 1,022 on 2007 figures. Scotland has more officers per head of population than in England and Wales. The ratio in Scotland is 32 officers per 10,000 members of the population versus 21 officers per 10,000 members of the population in England and Wales. I suggest that the sort of ratio we have in Scotland is something that England and Wales should be aiming for. The present Government’s proposal to increase police numbers simply reverses a position that they enforced at an earlier stage, so it is a bit rich for them to expect to be congratulated on reversing their own policy failures.