Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-24
Topic: Government Operations
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, as we have heard, this group contains two completely different issues: protection of the routes around Parliament and potential places where Parliament may sit while renovation work is undertaken; and the new statutory offence of public nuisance. How putting these two issues into one group is supposed to save time, I have no idea Clause 58 is about the obstruction of vehicular access to Parliament. Noble Lords, particularly those with mobility issues, have had difficulty accessing Parliament, particularly during Extinction Rebellion demonstrations, although I would not describe the Prime Minister being hindered from attending Prime Minister’s Questions in September 2020 as someone with mobility issues, unless you are talking about levelling up. It is a bit late for subtle jokes like that These provisions go much further. They expand obstruction to include "making the passage of a vehicle more difficult." Presumably, any delay caused, even slow-moving traffic, would be covered by such an offence, and this could potentially criminalise any protest within the expanded controlled zone outlined in these proposals. Protests that have resulted in Members of Parliament being prevented from accessing Parliament have been few and far between, which suggests that the existing provisions are adequate. Clause 58 is unnecessary Clause 59 allows the Secretary of State to move the controlled area in the event of either House of Parliament being relocated because of building works under the restoration and renewal programme. This enables the Secretary of State to impose restrictions on protest to whatever area she thinks fit, however wide, by regulations. Parliament has no chance to question or vary the extent of the controlled area; it must either accept or reject the proposal made by the Secretary of State. The clause also gives the Secretary of State power to "make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations" under this provision. This is too much power given in regulations to the Secretary of State, who could effectively ban protest almost anywhere within a wide area around any place where Parliament may be relocated to. Clause 59 is too broad and should not stand part of the Bill in its current form Parliament is at the heart of democracy in this country, but what about other institutions and organisations that are also important to the democratic process? What about news broadcasters or print journalists who hold politicians generally, and the Government in particular, to account? Where is the protection from protests aimed at disrupting a free media, such as the blockading or invading of television news and radio studios and newspaper printworks? This looks very much like protecting the Government and Government Ministers while doing nothing to protect those who hold the Government and Government Ministers to account. Clause 60 creates a new statutory offence of public nuisance, as recommended by the Law Commission, but the provision appears to be far too wide and could potentially impact on all protests. Liberty’s briefing quotes Lord Justice Laws, who said in the case of Tabernacle v the Secretary of State for Defence in 2009: "Rights worth having are unruly things. Demonstrations and protests are liable to be a nuisance. They are liable to be inconvenient and tiresome, or at least perceived as such by others who are out of sympathy with them." If someone is seriously annoyed or inconvenienced, or is put at risk of being seriously annoyed or inconvenienced, by someone doing something, that person commits an offence if they intend to seriously annoy or inconvenience the public or a section of the public Almost every protest could be criminalised by this provision, and not just public protests on the streets, as the noble Lord, Lord Coaker, has said. Are the Government a "section of the public"? If they are, take me away now. As a minority party in this House, we are, very often, unable to change what the Government plan to do, but we can seriously annoy the Government by pointing out the error of their ways and by holding them to account for their actions. Even if we do not have the intention of doing the Government serious harm—maybe—we may be at least reckless as to what harm it causes. Are we too to be criminalised by this provision, however much some noble Lords might like us to be The Government will point to the "reasonable excuse" defence contained in the provisions, but that applies only once a person has been charged with an offence under these provisions. The provisions do not say that a person commits an offence if, without reasonable excuse, the person does an act. Therefore, the police would be justified in arresting and charging people who believed that they had a reasonable excuse because the reasonable excuse provision applies only once a person has been charged We oppose in its entirety this provision as drafted, but we have Amendment 314, which removes the obstruction of "a section of the public in their exercise of a right that may be exercised or enjoyed by the public at large" from these provisions, to at least narrow the extent of this proposed new offence. A counterdemonstration against a far-right group, for example, would be caught by the provisions of this new offence as drafted, but not as we suggest that it should be amended. We support Amendment 315, as far as it goes, in attempting to ensure that the serious harm applies not just to one person but must be caused to the public, further limiting the extent of the offence We also support Amendment 315A tabled by the noble Baroness, Lady Morrissey, to leave out serious harm to a person if, as a result, the person suffers disease. As the noble Baroness, Lady Jones of Moulsecoomb, has said, we saw during the coronavirus pandemic, particularly with the attempt the ban the vigil for Sarah Everard on Clapham Common, restrictions on protest on public health grounds. That is why the police intervened in the Sarah Everard vigil. They felt that there was a public health risk. Although the provisions under which the Sarah Everard vigil was done have been repealed, this appears to be an attempt to reintroduce them. As drafted, it matters not whether the protesters intend to spread disease. They must only be reckless as to whether it would have such a consequence We also support Amendment 316—again, as far as it goes—but we would prefer there to be a reasonable excuse provision added to the offence itself, as I have said before, rather than protesters, for example, having to raise their reasonable excuse in court. People such as protesters, who have a reasonable excuse, should not be arrested in the first place. They should not be charged, and they should not have to appear in court. With respect to the noble and learned Lord, Lord Etherton, I am sure that his amendment is right, but I am not sure that it is necessary. However, I am sure that the Minister will enlighten us This clause needs to be withdrawn and thought through again.