Parliament Square (Management) Bill [HL]

Baroness Browning Excerpts

Friday 1st July 2011 Lords Chamber

[The Minister of State, Home Office (Baroness Browning)]

My Lords, I thank my noble friend for tabling this Bill on an issue to which he and all in this House attach great importance—namely, the management of Parliament Square. I have listened with great interest to the noble Lord’s arguments and to all those who have contributed to the debate today. I am always heartened by the keenness with which these important issues are debated in this House. We have had some real gems of contributions today.

The Government are committed to restoring rights to non-violent protest. The Government are also committed to ensuring that everyone can enjoy our public spaces and do not consider it is acceptable for people to camp on the square. That is at the heart of the issue with Parliament Square. As my noble friend is aware, the Government have set out their commitment to restore rights to non-violent protest and have accordingly brought forward repeal of Sections 132 to 138 of the Serious Organised Crime and Police Act and are in the process of introducing alternative measures to tackle disruptive activities in Parliament Square in the Police Reform and Social Responsibility Bill.

[Lord Wills]

I am sorry to interrupt but this is such an important issue and the distinctions are very important. The noble Baroness says that the Government are opposed to overnight encampments in the square and most people would agree with that as a general proposition. Does she see that there might be a distinction between that and, say, an overnight vigil by someone trying to make a specific political point? Does she see that there might be a difference between an encampment and a vigil?

[Baroness Browning]

My Lords, I do see that as a distinction, but perhaps I may continue my remarks. The focus of what we are trying to do in the government Bill is to get a sense of balance and proportionality. That is why, having moved from the legislation that has been on the statute book for some time to enhancing the powers of seizure, we are very much more focused on encampment and all that goes with overnight encampment than on the individual’s right to protest. The balance we have tried to strike is to preserve the individual’s right to protest but deal with what has been a very difficult issue for all Governments—the encampment and the materials associated with it not just on the green of Parliament Square Garden but on the paving areas around it. I will come on to displacement because I realise that that is a particular problem.

Parliament Square Garden is a World Heritage Site surrounded by important historic buildings, such as Westminster Abbey. Its location opposite the Houses of Parliament also makes it a focus for protests, and rightly so. But we need to remember, as noble Lords have already said in contributions today, that others come to Parliament Square for a number of reasons. My noble friend Lord Sharkey touched on this. Some come as tourists to see the Houses of Parliament, Big Ben and Westminster Abbey; others, as a cultural experience by visiting a World Heritage Site; or as individuals interested in the democratic process by seeing where Parliament is situated.

We all witnessed the occupation of Parliament Square Garden by the democracy village encampment last summer which prevented members of the public and visitors using and enjoying the garden. Noble Lords have also had experience of trying to access that part of the square themselves and seeing the monopoly that those particular protesters had on that piece of land. The courts have said that Parliament Square Garden is not a suitable area to be used for any sort of encampment. More recently the High Court has also said:

“Parliament Square Gardens is not a suitable location for prolonged camping; such camping is incompatible with the function, lawful use and character of Parliament Square Garden and it is also inconsistent with proper management of the area as a whole … members of the public have been and would be precluded from using the area occupied; the area in question is the area nearest to an important entrance to the Houses of Parliament”.

The Government and I think that we in this House and the other place would agree with the court’s findings.

The democracy village encampment caused significant damage to the garden, which has required considerable remedial works by the Greater London Authority, during which time nobody could enjoy this unique space. Others have drawn attention to the statues in the garden, which are important to our nation’s history, which the visitor to London would quite naturally wish to access, photograph and take a closer look at. The Government are clear that the same applies to the ongoing encampment on the footways adjoining Parliament Square Garden. It is not acceptable that a few individuals should trump the wider public enjoyment of this unique location, deter people from visiting the area and even deter others from protesting on the footway.

As noble Lords will know, there has been quite a monopoly on this area by key groups who have not only caused the problems I have just described to the public visiting the square, but have monopolised it in terms of other representative groups who also want the opportunity to protest peacefully and make their views known on a wide number of issues in the vicinity of Parliament. That is something which the Government’s Bill, which is before the House at the moment, does not seek to prohibit. The Government have brought forward measures to have a small controlled area in which certain activities—namely, erecting tents and the unauthorised use of loudhailers—are prohibited. We believe that this is a proportionate and targeted response, which is the minimum necessary to deal with the particular misuse of tents and structures on Parliament Square Garden and the footways.

Our approach is aimed at targeting specific problems on a small area of Parliament Square and empowering local authorities to take action by giving them the ability to enforce relevant by-laws more effectively. We have not tried to address the misuse of public space by changing the laws governing the right to protest. We think the same framework governing protest in the rest of the country should also govern protest around Parliament. People have the right to protest, but it is the encampment aspect of it that we have sought to address in the Government’s legislation. We have instead addressed the behaviours that we consider are unacceptable around Parliament and have applied the law to everyone, not picking out those exercising rights to protest. So if people want to protest for days, weeks and months, they can, which answers a point raised by the noble Lord, Lord Desai. What they cannot do is erect tents or construct permanent or semi-permanent encampments to do so. The noble Lord, Lord Ramsbotham, described it as “living on site”, and that is what we have sought to address.

I appreciate my noble friend’s intention in bringing this Bill to Parliament—

[Lord Richard]

My Lords, I thank the noble Baroness for giving way. Can she help me a little with the point raised by her noble friend Lord Cormack? I thought he made a powerful case when he said that there is not much point in dealing only with Parliament Square because everything is going to transfer over to College Green, or the green where the statue of George V stands, or indeed any other area within the immediate environs of Parliament. Have the Government given this any consideration?

[Baroness Browning]

I was going to come on to that point, but I am happy to deal with it now, and to respond to the contribution made by my noble friend Lord Cormack. We have enhanced the powers of seizure in the by-laws for local authorities to deal with displacement activity around the square, but I have to tell noble Lords that we are still having discussions with lawyers on the consideration of particular areas around the House. Those are ongoing and I do not rule out the possibility of bringing forward further measures before the Bill completes its passage through this House. I do not think I can give more detail at the moment, but it certainly is a matter under consideration and the talks are ongoing.

The Government wholly agree that it is necessary for all enforcement agencies to work closely together if Parliament Square is going to be managed in a way that promotes its enjoyment and use by all. The Government are working with the Greater London Authority, Westminster City Council and the Metropolitan Police on effective enforcement protocols. The noble Lord, Lord Campbell-Savours, referred to a letter he has received from a councillor and he has kindly made it available to me. I had not had sight of it before he raised it. I hope that he will allow me to respond specifically to it, but I am aware that Westminster City Council has been involved in discussions about the proposed changes to the Government’s Bill because clearly the council is key, along with other enforcement strategies, to ensuring that when the new laws are on the statute book, it will be able to enforce them and thus resolve the problems I have identified.

[Lord Campbell-Savours]

If they say that the Government’s proposals will not work, will we then have a blank sheet of paper to work on?

[Baroness Browning]

I will not be drawn on a letter I have not had sight of, and I am not clear how representative it is. I am not familiar with the name of the councillor mentioned by the noble Lord.

[Lord Campbell-Savours]

He was the leader of Westminster City Council.

[Baroness Browning]

I am grateful to the noble Lord. He will know that I am not over-familiar with London matters. I probably should have known that but I am afraid that my interest in politics over the years has been among the wild and beautiful parts of Devon rather than London. We will look carefully at that. I am concerned. I do not know whether the noble Lord received that letter recently—was it this week? I would hope that he might have copied it. I have not had sight of it and will make inquiries and look into it.

Coming back to my noble friend’s Bill before the House today, I fear that the proposals as tabled would not be effective in dealing with disruptive behaviours such as encampment, which is at the heart of the problem. It is likely that committee decision-making within this House would impact adversely on the swift and proportionate response that will be needed to tackle disruptive activities on the ground. In addition, the proposals are contrary to the Government’s position on the repeal of Sections 132 to 138 of the Serious Organised Crime and Police Act 2005, which was widely seen as stifling the right to non-violent protest by re-introducing a requirement for demonstrations in Parliament Square to be authorised.

I also have concerns about how the proposals would work in practice. For example, what happens if people do not move? Who has the power to move them on? On what grounds would they be moved? As tabled, my noble friend’s proposals would allow people to camp and are likely to require enforcement agencies forcibly to remove people every day. The purpose of the proposals in the Government’s Bill is to seek to act very quickly with the power of seizure, in order to prevent encampments becoming established. The Government’s proposals are focused on stopping people from camping there in the first place, recognising the problem of moving people once they are there, as seen with the democracy village. It is also unclear where legal and operational accountability would reside in my noble friend’s Bill as currently drafted.

While I have, regretfully, to inform my noble friend that the Government cannot support the Bill as it currently stands in the other place, the Government do welcome and urge continued debate around balancing competing rights, promoting the enjoyment of Parliament Square for all and, at the same time, protecting that right for peaceful demonstration and protest which is an extremely important part of our democracy and heritage. We have sought to do that in the context of the current provisions in the Police Reform and Social Responsibility Bill.

[Lord Marlesford]

My Lords, I am extremely grateful to all noble Lords on every side of the House for the contributions that they have made to the debate. Virtually all the points made were sound. In as far as it may be necessary in my Bill to take account of them, I shall be very receptive to amendments that noble Lords wish to put down—or suggest that I should put down. I say that straight away. The noble Lord, Lord Campbell-Savours, read a devastating statement from Westminster City Council, which is totally involved in this matter. I am surprised that the Government were not much more aware of that situation. Frankly, the idea of being able to go ahead in the face of such opposition is absurd. I know that everybody wants to have lunch and go home so I will not go into detail on what noble Lords said—except to be grateful and thank them—but I must deal a little with the Minister.

The problem is that one of these days the Home Office has to recognise that other people can have ideas which may be even better than its own. My noble friend was right when she said that camping is at the heart of the issue—and that is exactly what my Bill is about. The Government’s approach—not the Government’s; it is the Home Office’s approach—is seizure. The whole of Clause 147 of the Police and Social Responsibility Bill is about powers of seizure. My Bill is not about seizure. Seizure is confrontational.

[Baroness Browning]

Just for the record, there is no differentiation between me as a Home Office Minister and the Home Office. As a Minister, I have always taken full responsibility for any department I have had the pleasure to work in. The buck definitely stops with me. I assure my noble friend that this is not just about the Home Office. The matter is sitting on my desk.

[Lord Marlesford]

My Lords, I accept that. It is axiomatic of our system of government. However, my point is that the solution put forward by my noble friend—let us forget the Home Office for the moment—is about seizure. The Minister asks why my Bill, if it were enacted, would prevent people camping, as they would be able to put up camps in the daytime. On the whole, people put up tents to sleep in them at night. If the tents had to be packed up every night, people would soon stop bringing them. It might take a matter of days or, at most, a few weeks. On enforcement, if a Westminster City Council van went around on the first night, there might have to be a certain police presence to encourage people either to walk away with the tent under their arm or to allow it to be put in the dustbin. However, that would be a very simple matter.

All I say is that my proposals are much simpler, less confrontational and more likely to work. I hope my noble friend will, when we debate the provisions in her Bill on Report, be much more sympathetic than she is being at the moment. I say to the noble Lord, Lord Sharkey, that I believe in facilitating; Clause 2(1) of my Bill includes the phrase “facilitate lawful, authorised demonstration”. It is the job of the committee to encourage and allow what we need by way of democratic facilities. However, I am afraid that I am left with the strong conviction that my solution is a great deal better than that of the Government. Therefore, I ask the House to give my Bill a Second Reading.