Metropolitan Police: Use of Section 14 of the Public Order Act 1986

Debate between Baroness Williams of Trafford and Baroness Miller of Chilthorne Domer

Wednesday 16th October 2019 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the right to protest peacefully is a long-standing tradition in this country. However, it does not extend to unlawful behaviour, and the police have powers to deal with such acts. The use of these powers and the management of demonstrations are operational matters for the police. The Government have been clear that they expect a firm stance to be taken against protestors who significantly disrupt the lives of others.

[Baroness Miller of Chilthorne Domer]

Does the Minister think that a citizen’s right to have a voice is a question of democracy? Given that, does she think that a blanket ban across the whole of London for an indefinite period is a proportionate response, as required by the Act? The Minister will know that judicial review proceedings have been started today. Can she give an undertaking that, whatever the outcome of that review, the Government will give further guidance on what “proportionate” means?

[Baroness Williams of Trafford]

My Lords, the word “proportionate” is long established in law. The noble Baroness asks whether it is democratic to have a citizen’s voice. Of course it is, but public disorder disrupts the lives of others; we have seen that over the past couple of weeks, when it has been impossible to get around the centre of London. I outlined some of the issues last week but, ultimately, the High Court will test this judicial review.