Crime and Policing Bill

Baroness Butler-Sloss Excerpts

Committee stage
Tuesday 13th January 2026 Lords Chamber

[Lord Hanson of Flint (Lab)]

I hear the point that the noble Lord, Lord Pannick, makes. We have drawn a line in the defences. I come back to the principle that the power to be used by the police officer, not the Government, is to determine this in the event of suspected criminality occurring.

There may not be, in the case that the noble Lord has mentioned, the need for that designation, because the police may make a judgment, which is their judgment to make, that a protest outside the Iranian embassy, for example, would not lead to potential criminal activity. That is the judgment that we are making. That is the line that we have drawn. I see the point that he has made, but that is the defence that I can put to him today. Because—

[Baroness Butler-Sloss (CB)]

I very much support what the Minister is saying. The only question is: will the police have the power not to require this person to take his mask off if they accept his view that that would cause some danger to him or his family in Iran?

[Lord Hanson of Flint (Lab)]

The exemptions in the Bill are very clear, and I have already talked about those that relate to religious, work or health reasons. Police officers will make a judgment on those issues on the ground and, as in the experience of the noble Lord, Lord Hogan-Howe, they have a significantly difficult job to do at any demonstration.

If I can give any comfort to the noble Lord, Lord Pannick, and the noble and learned Baroness, all the offences under the Bill are currently under review by the noble Lord, Lord Macdonald of River Glaven, as part of the review that he is undertaking, to be completed by spring 2026. I have no doubt that he will pay close attention to the comments that are made in this debate and make an assessment to government about whether the points made by noble Lords are ones that he should reflect on. I would say to the Committee—

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[Earl Attlee (Con)]

My Lords, I strongly support my noble friend on the Front Bench. I think we grossly underestimate how much damage to the UK economy is caused by stopping motorways, particularly the M25. I have not seen authoritative figures for how much it costs to block a motorway, which happens with road traffic accidents. Years ago, I saw a figure of £0.75 million per hour. I do not know whether the Minister has a figure for how much it costs when the M25 or another important motorway is closed. It is not just the effect on motorists; it is the effect on industry, transport and supply chains, and the need to build in extra float in the transport system to allow for that. So, I strongly support my noble friend in everything he said.

[Baroness Butler-Sloss (CB)]

My Lords, some months ago I was trying to get to Oxford Street and at Oxford Circus a large number of people were sitting on the ground, making it impossible for either end of Regent Street or Oxford Street to move. I believe they were there for several days. All I can say is that, as an ordinary member of the public, I found it extremely irritating, so I am very sympathetic to Amendment 370.

[Lord Strasburger (LD)]

My Lords, I will comment briefly on Amendments 382A and 382C. Amendment 382A amounts to the banning of protests in almost any circumstances at the behest of the police. Proposed new subsection (2)(1B) is particularly guilty in this respect, allowing, as it does, for a protest to be banned because, in the opinion of a chief officer of police, it would place undue demands on the police. But the police, as a public authority, have a duty to facilitate protests, not prevent them. Of course, that duty to facilitate protests has resource implications for the police, sometimes serious implications. That means that the police must be provided with adequate resources by the Government, but it does not mean that, as an alternative to proper resourcing, financial corners should be cut by the Government, thus making it impossible for the police to carry out their duty to facilitate protest. But that is precisely what Amendment 382A would do. It says that protests should be banned because the police are underresourced. It would be better if it said that the police must be sufficiently resourced to allow them to facilitate protest. It does not, and for that reason Amendment 382A must be opposed.

Amendment 382C seeks to extend from six days to 28 the notice period for informing the police of a demonstration, but many demonstrations are spontaneous or are, by necessity, organised at short notice. In any case, the amendment would appear to not achieve anything, because this section of the Bill already contains a provision for late notice as soon as practicable, so there is nothing to be gained by increasing the formal notice period, unless the goal is to make it ever more difficult to organise a protest. Amendment 382C should also be opposed.

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[Baroness Butler-Sloss (CB)]

My Lords, I had not intended to speak; I have been listening with great interest to the competing arguments. However, I am utterly convinced by the speech of the noble Lord, Lord Pannick, on the government amendment.

It crosses my mind that, just as Jews and synagogues are currently at risk, I can see a situation in the future where mosques and people who support Muslims, or indeed the gurdwaras of the Sikhs, are under threat. You might get an extremist group of Sikhs opposed to the current Sikh processes who decide to have a demonstration every single week against a series of gurdwaras in a certain area. What the Government are seeking to do is entirely sensible. It will impose on the police a duty and give them a power to decide whether to carry out what may or may not be needed. We need to accept this government amendment. I am also very attracted to the amendment from the noble Lords, Lord Walney and Lord Pannick, which would add a bit to the government amendment. Having listened, I really think that the government amendment must get through.

[Lord Mendelsohn (Lab)]

My Lords, I support Amendment 370AA, which stands in my name as well as that of the noble Lord, Lord Austin, and the noble Lord, Lord Polak, who has already spoken to it. I also support Amendment 486C, which I tabled with the noble Baroness, Lady Deech.

I start by thanking the Government for introducing this clause and their amendment, both of which are very important measures. I am grateful to them for introducing them, and I hope that they remain as strong and as resolute as they can be in pushing them through.

I will try to give noble Lords the context of what we are doing. The reason we are here is that we are facing the considerable problem of non-prosecutions. This is the type of thing happening in our society that is undermining democratic resilience and social cohesion, and which is particularly targeting the Jewish community. That is the area where my amendments are particularly relevant, and they apply in that context.

It is absolutely clear that one of the issues coming up is that a lot of existing powers are not used. I fear to mention Policy Exchange again, but I note that that Jonathan Hall KC, the Independent Reviewer of Terrorism Legislation, made a significant point in his speech there today. He said:

“My perception is that if you don’t deal with anti-Israeli hatred, you leave wriggle room for those who indulge in antisemitism but formally disavow it. Once hatred to Israelis is tolerated then it is carried around like a flame”.


He made the further point, which I think is immensely significant:

“The truth is that hatred of nationality fits onto hatred of race like a glove. And importantly, our law recognizes this. The Public Order Act 1986 prohibits stirring up racial hatred. Let me read section 17 of the 1986 Act which defines racial hatred, and I am going to do this slowly: ‘In this Part “racial hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins’”.