Public Order Bill

Debate between Caroline Lucas and Liz Saville Roberts

Report stage
Tuesday 18th October 2022 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

Frankly, there is so much wrong with the Bill that it is difficult to know where to start. It basically needs a line striking through the vast majority of it, and I am therefore pleased to support the amendments tabled by the hon. Members for Glasgow North East (Anne McLaughlin) and for Broxbourne (Sir Charles Walker) seeking to do exactly that.

Peaceful protest is a fundamental right protected in international law, and this Bill is just the latest in a concerted attack on our rights by this dangerous and populist Government. It is a draconian rehash of measures resoundingly voted down just months ago. As I have said previously in this House, the Government are pursuing policies and legislation that are deeply dangerous in the threat they pose to our fundamental and universally acknowledged human rights. People who vote in favour of this Bill tonight need to be fully aware and honest about what they are endorsing and what is occurring on our watch.

Defending the right to peaceful protest matters, especially to me, because it is one of the time-honoured ways in which people from all walks of life have sought to protect our natural world, and it is particularly critical right now. The hon. Member for Sheffield, Hallam (Olivia Blake) spoke eloquently about the wider context of austerity and economic suffering that so many of our constituents are facing. I want to widen that context and talk about the attack, frankly, that Ministers are unleashing on policies to protect nature, from issuing new oil and gas licences and lifting the moratorium on fracking to scrapping 570 laws that make up the bedrock of environmental regulation in the UK, covering water quality, wildlife havens, clean air and much else.

Ministers may hide behind endless repetitions of their promise to halt the decline of nature by 2030, but their actions are taking us in precisely the opposite direction. Those who oppose this direction of travel must have the right to take action themselves, and they must have the right to protest. Rather than plunging more and more people into the criminal justice system, the Home Office could be doing all manner of much more useful things, including properly supporting and resourcing community policing.

We should not be giving the Government the ability to create new public order offences as and when they choose, yet that is precisely the combined effect of new clauses 7 and 8. As colleagues will know, injunctions may usually be applied for only by affected parties. New clause 7, however, allows the Secretary of State to apply for a so-called precautionary injunction against people who might go on a protest or who might carry out protest-related activities. This might occur if there is reasonable belief that particular activities are likely to cause serious disruption to key national infrastructure or access to essential goods and services.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

In all honesty, it is worth wondering whether Welsh language rights would exist at all today if measures proposed by the Government had existed in 1963 when Cymdeithas yr Iaith protesters closed Trefechan bridge—Pont Trefechan—in Aberystwyth. Their act of peaceful civil disobedience led to no arrests, but was broadcast across Wales. Indeed, the King’s Welsh language tutor, Tedi Millward, was among the protesters. Does the hon. Member agree that, almost 60 years later, the Secretary of State and the Welsh Government should be considering the specific impact on Wales of these justice changes and how that in turn could have had a very bad result in terms of the Welsh language had it been enacted 60 years ago?

[Caroline Lucas]

I thank the right hon. Member for her powerful contribution with which I entirely agree.

I was just explaining about the combined effect of new clauses 7 and 8. New clause 7, crucially, allows the Government to propose that the Secretary of State be allowed themselves to apply for an injunction despite not being affected or being a party in the normal sense. Added to that is the effect of new clause 8, which gives the Secretary of State another new power, namely to apply to the court to attach a power of arrest and of remand to injunctions granted under new clause 7.

Let us imagine what that could look like in practice. Let us suppose that the Government set their sights on a group of countryside ramblers planning a walk headed in the direction of a nature reserve that is home to a protected species and about to be dug up by investment zone bulldozers. The Secretary of State might decide that there is a risk that the ramblers will link hands to try to close down a major bridge that is required for vehicle access to the nature reserve. The Government might then apply for an injunction to stop the walk and for the power to arrest anyone who breaches that injunction and goes rambling in the countryside—regardless of their intentions. If successful, a new public order offence will have effectively been created on the basis of potential disruption of key national infrastructure, and the ramblers concerned will be at risk of being fined or even imprisoned. I do not think that it is an over-exaggeration to call such powers Orwellian. They are anti-freedom, anti-human rights and anti-democratic.