Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what consultation her Department has undertaken with (a) police forces and (b) Police and Crime Commissioners on the proposal to extend police powers to consider the cumulative impact of protests.
Answered by Sarah Jones - Minister of State (Home Office)
The Government has tabled an amendment to the Crime and Policing Bill which will allow senior officers to take account of the cumulative impact of protest activity when considering whether to impose conditions under sections 12 and 14 of the Public Order Act 1986.This provision will help protect communities from repeated disruption caused by protests, while protecting the right to peaceful protest.
The Home Office regularly engages with the National Police Chiefs’ Council lead for Public Order and Public Safety, Chief Constable Mark Hobrough, and this clause has been developed in discussion with the NPCC and other operational policing partners, and informed by community concerns about the ongoing disruption caused by repeat protests.
The Home Office will work with the College of Policing and NPCC to include guidance on cumulative impact in the Public Order Public Safety authorised professional practice, and the Protest Operational Advice Document, which contain operational advice for frontline policing and are regularly updated to include all public order powers.
Police forces will be engaged in the development of the guidance, to help ensure the application of this legislation achieves the objective of addressing safety and security concerns of affected communities while ensuring that consideration of any cumulative disruption is balanced with the right to peaceful and lawful protest.
It will be for senior officers to consider whether to impose conditions on a protest having considered any relevant cumulative disruption to the life of the community in the area in which the protest is held or intended to be held.
Statistics on police protest powers are published here: Police protest powers, June 2022 to March 2024 - GOV.UK The latest figures cover the period up to March 2024.
In the period 28 June 2022 to 31 March 2024, 10 forces used powers under Sections 12, 14,14ZA of the Public Order Act (1986). The remaining 34 forces confirmed they had not used these powers in the period.
Since sections 12, 14 and 14ZA of the Public Order Act 1986 (as amended by the Police, Crime, Sentencing and Courts Act 2022) came into force, they have been used to apply conditions to 473 protests. Of these 473 protests, 434 were recorded as processions (conditions imposed under section 12) and 39 were recorded as assemblies (conditions imposed under section 14); the powers have not been used to apply conditions to any one-person protests (section 14ZA). As part of this data collection, information is provided on the ‘theme’ of protests that had conditions applied to them under sections 12 and 14 of the Public Order Act 1986, to indicate whether the protest had one of more of the following themes: social justice, anti-fascism, cultural nationalism, animal rights, international, anti-government, environmental.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department holds data on the subject matter of protests at which sections (a) 12 and (b) 14 of the Public Order Act 1986 have been used in the last three years.
Answered by Sarah Jones - Minister of State (Home Office)
The Government has tabled an amendment to the Crime and Policing Bill which will allow senior officers to take account of the cumulative impact of protest activity when considering whether to impose conditions under sections 12 and 14 of the Public Order Act 1986.This provision will help protect communities from repeated disruption caused by protests, while protecting the right to peaceful protest.
The Home Office regularly engages with the National Police Chiefs’ Council lead for Public Order and Public Safety, Chief Constable Mark Hobrough, and this clause has been developed in discussion with the NPCC and other operational policing partners, and informed by community concerns about the ongoing disruption caused by repeat protests.
The Home Office will work with the College of Policing and NPCC to include guidance on cumulative impact in the Public Order Public Safety authorised professional practice, and the Protest Operational Advice Document, which contain operational advice for frontline policing and are regularly updated to include all public order powers.
Police forces will be engaged in the development of the guidance, to help ensure the application of this legislation achieves the objective of addressing safety and security concerns of affected communities while ensuring that consideration of any cumulative disruption is balanced with the right to peaceful and lawful protest.
It will be for senior officers to consider whether to impose conditions on a protest having considered any relevant cumulative disruption to the life of the community in the area in which the protest is held or intended to be held.
Statistics on police protest powers are published here: Police protest powers, June 2022 to March 2024 - GOV.UK The latest figures cover the period up to March 2024.
In the period 28 June 2022 to 31 March 2024, 10 forces used powers under Sections 12, 14,14ZA of the Public Order Act (1986). The remaining 34 forces confirmed they had not used these powers in the period.
Since sections 12, 14 and 14ZA of the Public Order Act 1986 (as amended by the Police, Crime, Sentencing and Courts Act 2022) came into force, they have been used to apply conditions to 473 protests. Of these 473 protests, 434 were recorded as processions (conditions imposed under section 12) and 39 were recorded as assemblies (conditions imposed under section 14); the powers have not been used to apply conditions to any one-person protests (section 14ZA). As part of this data collection, information is provided on the ‘theme’ of protests that had conditions applied to them under sections 12 and 14 of the Public Order Act 1986, to indicate whether the protest had one of more of the following themes: social justice, anti-fascism, cultural nationalism, animal rights, international, anti-government, environmental.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what steps his Department is taking to improve the enforcement regime for payment of awards made in the employment tribunal.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department (a) collects and (b) publishes data on the outcomes of employment tribunal enforcement actions taken under (i) the employment tribunal penalty enforcement scheme, (ii) employment tribunal fast track enforcement and (iii) county court judgments.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how many employment tribunal awards have been made each year since 2016; and what proportion of those have been (a) paid in (i) full and (ii) part and (b) remain unpaid.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department has considered bringing forward legislative proposals to make company directors personally liable for unpaid employment tribunal awards.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department has considered introducing restrictions on directors who repeatedly preside over companies that fail to comply with tribunal judgments.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department plans to give the Fair Work Agency powers to pursue company directors where a company has failed to pay a tribunal award.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade if his Department will publish (a) the number of requests it has received from claimants for respondents to (i) fined and (ii) named under the Employment Tribunal penalty enforcement and naming scheme and (b) the number of respondents who have been (A) fined and (B) named in each year since 2016.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment his Department has made of the potential merits of establishing a compensation fund for workers unable to recover tribunal awards due to employer insolvency.
Answered by Kate Dearden - Parliamentary Under Secretary of State (Department for Business and Trade)
Workers should receive the payments they are entitled to. As part of the Plan for Change we will look at ways of strengthening enforcement options, including the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established.
The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.