Crime and Policing Bill

Debate between Baroness Butler-Sloss and Lord Marks of Henley-on-Thames

Report stage
Wednesday 18th March 2026 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I strongly support the amendment of the noble Baroness, Lady Chakrabarti. It seems to me entirely sensible, for the reasons set out so well by the noble Lord, Lord Pannick, and I agree very much with what he said about the amendments of the noble Lord, Lord Blencathra.

I agree with the noble Lord, Lord Strasburger, that Palestine Action should not be proscribed. It is not that I have any sympathy with it—it is a deplorable organisation that does a great deal of damage. If in fact the other laws required to deal with such appalling organisations are not sufficient, the Government should bring to this House, as well as the House of Commons, stronger laws to deal with them. But it is not, in my view, a terrorist organisation.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I will deal with this group as briefly as I can. I too support the amendment of the noble Baroness, Lady Chakrabarti, supported by the noble Lord, Lord Pannick, and the noble and learned Baroness, Lady Butler-Sloss. The idea that you can bundle together organisations and then proscribe them as a group seems ridiculous. Parliament should be faced with one organisation at a time when it votes—that is a matter of common sense. MPs must be entitled to decide on the proscription of particular organisations individually, and the fact is that many Members of Parliament resented being asked to proscribe three organisations together.

Of the three organisations, the other two—Maniacs Murder Cult and the Russian Imperial Movement—were plainly terrorist organisations that ought to have been proscribed, and it was invidious for Members of Parliament to be told that it was an all-or-nothing decision. That amendment should plainly be accepted. I agree with the noble Baroness, Lady Chakrabarti, that, try as he loyally might, when the noble Lord, Lord Hanson, spoke to this in Committee he could say only that this has been done before and is the way we have generally done it. That is no answer to the argument so elegantly put by the noble Baroness.

Turning to the amendments proposed by the noble Lord, Lord Blencathra, I will deal with Amendments 421 and 422DA together. Both contain what are commonly called ouster clauses; they have been spoken to by the noble Lords, Lord Pannick and Lord Anderson of Ipswich, and the noble and learned Baroness, Lady Butler-Sloss. As the noble Lord, Lord Pannick, said, it is the right of the courts to pronounce on the legality of the actions of the Home Secretary. The amendments proposed by the noble Lord, Lord Blencathra, would, in effect, outlaw legal challenges to proscription, no matter how irrational, or what lawyers call ultra vires, or contrary to the evidence the proscription may be. An exception is suggested in the amendment: if a right to a fair trial would be totally nullified. As a test, I respectfully suggest that that is an entirely meaningless exception.

Crime and Policing Bill

Debate between Baroness Butler-Sloss and Lord Marks of Henley-on-Thames

Report stage
Monday 9th March 2026 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, for all the reasons given by the noble Lord, Lord Katz, protests outside officeholders’ homes are in a special category. These amendments are plainly directed at harassing or intimidatory behaviour towards public officeholders, and they affect the families as well, so we are happy to accept these two amendments.

[Baroness Butler-Sloss (CB)]

My Lords, I wish to add how delighted I am that the Government have done that. It is rather overdue and will give some degree of satisfaction to at least some families of MPs in particular.