Public Order Bill

Lord Coaker Excerpts

Consideration of Commons amendments
Wednesday 26th April 2023 Lords Chamber

[Lord Paddick (LD)]

My Lords, the Minister said that there is only one disagreement remaining. He was, of course, referring formally to what the House as a whole disagrees about; but we on these Benches have opposed police stop and search in relation to protest from day one, as any stop and search power will have a chilling effect on those wishing to exercise their rights to freedom of expression and freedom of assembly. These are fundamental human rights that are even more important to those who feel excluded from the parliamentary process, such as black and other minority-ethnic people. These groups are less likely to be registered to vote, less likely to have the correct form of voter ID even if they are registered to vote, and more likely to be stopped and searched by the police. Black people, for example, are between seven and 17 times more likely to be stopped and searched by the police than white people, depending on whether the power used is with or without suspicion. That is despite the legal safe- guards the Minister referred to.

The Commissioner of the Metropolitan Police, in response to the Baroness Casey Review, accepts the fundamental need to reset relationships between the police and the public, especially on the back of the findings of racism, misogyny and homophobia. Sir Mark Rowley acknowledges the past tendency of the police to impose tactics, rather than collaborate with, listen to and engage with communities. That is exactly what the noble Baroness, Lady Casey of Blackstock, said needed to happen, and the wording of the Lords amendment that we should insist on today is taken exactly from the Baroness Casey Review.

On the one hand, we have the Commissioner of Police for the Metropolis and the noble Baroness, Lady Casey of Blackstock, both pulling in one direction, wanting stop and search to be based on collaboration, listening and engaging. On the other hand, we have this Government pulling in the other direction, rejecting the Lords amendment that would require police forces to draw up a charter on the use of stop and search, in consultation with local communities. This House should insist on the implementation of the recommendations of the Baroness Casey Review and not reject them.

I understand that some noble Lords have been concerned about the precise wording of the amendment. But as the commissioner has found to his cost, not accepting the exact wording of the Baroness Casey Review can result in diverting attention away from actually getting on and doing things instead of debating the meaning of words. However, with other important votes to come this afternoon, and without the support of the Labour Opposition, we appear to have reached the end of the road.

[Lord Coaker (Lab)]

My Lords, I thank the Minister for his response and the noble Lord, Lord Paddick, and many others for the detailed scrutiny and the way this Chamber has tried to hold the Government to account. To be fair, the Government have made one or two changes with respect to suspicionless stop and search, and I will go to them in a moment. But before we do, it is important to reiterate that the Bill is about giving powers to the police that the Government say they need, where—I think it is worth repeating—many of us believe they have the powers necessary to deal with the protests that have caused such alarm in government and beyond over the last few months.

In the last couple of months, it has come down to stop and search without suspicion—for the avoidance of doubt, to deal with protest rather than knife crime, terrorism or serious offences such as those. I welcome what the noble Lord, Lord Sharpe, has agreed to in the amendments to PACE Code A: to require, where operationally practical, to communicate the extent of the area authorised for suspicionless stop and search, the duration of the order and the reasons for it. I think the noble Lord, Lord Hogan-Howe, said that this would be important to include in any change to the PACE code, so I thank the Government for listening and including it, as well as for placing data collection in the legislative framework of PACE Code A and therefore including a breakdown of suspicionless stop and search by age, sex and ethnicity. Can the Minister confirm my understanding of the changes that the Government are proposing?

While it is welcome, it is to say the least a missed opportunity, as the noble Lord, Lord Paddick, said, to respond to the Casey review. If noble Lords refer to page 22 of that review when they return to their offices, they will find that the amendments we put forward, which were supported by the House, are a complete lift from what the noble Baroness, Lady Casey, recommended. My contention is that, given their significance, it was and should have been a real necessity for the Government to put them in the Bill. If things were working with respect to PACE Code A, why was she so insistent that, to restore trust and confidence in the police, this needed to be placed in the Bill? The Government have rejected that, saying that it is fine because of what is in PACE Code A.

Let me share the view expressed on Monday in the other place by David Davis MP:

“why should it not be on the face of the Bill? After all, that would broadcast in clear terms what we want to happen”.

Many noble Lords said this, including the noble Lord, Lord Paddick, and I. That was precisely the point: not to tuck it away in regulation but to say clearly that, such is the significance of suspicionless stop and search related to protest, the Government would put it in the Bill and demonstrate to everyone what they believe should happen. They rejected that for what I consider to be no good reason. It was not only David Davis; Wendy Chamberlain MP said that, in line with the Casey review,

“we need this provision on the face of the Bill”.—[Official Report, Commons, 24/4/23; cols. 550-51.]

The Government say that they absolutely agree with the Casey review and accept its recommendations. Why then do they choose to ignore what the noble Baroness believes is one of the most important things that the Government need to do to restore trust and confidence in the operation of suspicionless stop and search? It is a real missed opportunity and chance for the Government to demonstrate how serious they are about the use of this power and the need to restore that confidence.