Police, Crime, Sentencing and Courts Bill

Eleanor Laing Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Mr Carmichael]

The hon. Lady will have heard the noisy protests in this Chamber every Wednesday between 12 and 12.30. We are okay, because we are protected by parliamentary privilege, but surely if Conservative Members want to end noisy protests, they should be prepared to practise what they preach.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Some of us do try to keep that under control. We try our very best amid a lack of co-operation.

[Anne McLaughlin]

I was trying to find a way to work that into what I was saying, so I thank the right hon. Gentleman for that.

We know that without demos and protests, a lot of things would not change. The Minister said that things changed through political campaigning and getting elected, but actually things change because people in local communities rise up and tell us what they want us to do. That is how democracy should function.

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In the past week or two, I have been thinking about Canada, another great liberal society, and the way in which the protests in Ottawa were handled, or rather mishandled, by the Canadian Government. Even in a society that we might respect, admire and see ourselves akin to, Governments, police forces and law authorities can make mistakes. I echo the comments of my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), but wonder whether the Government are going too far in this respect. I accept his comments that this measure is very unlikely to be used often; it may never be used at all. For that reason, I wonder whether it is the right step to put it onto the statute book. I will not be voting against the Government and opposing the measure tonight, but I do hope that the Minister or his successors will carry forward their commitment to review this in the years ahead, because I suspect that this measure is a step too far and that we are pushing up against the limits of what we as a free society should be doing, particularly in the context of what we see around the world, where we want to be a shining light for liberty and freedom.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I shall have to reduce the time limit to three minutes if there is a chance for most people to make a short contribution.

[Imran Hussain (Bradford East) (Lab)]

I rise to speak in favour of Lords amendments 73 and 80.

Like many of my hon. Friends, I marched and protested in opposition to the Iraq war. They were some of the largest and most important protests that we have ever seen. Anyone who attended or saw them would agree they were big, they were noisy and, by their very nature, they caused some disruption. None the less, it was absolutely right that the people were allowed to protest against one of the biggest injustices of our time, even if it was in direct opposition to the policy of the Government. Let us be clear: if protests of this kind, or protests such as those against the poll tax, were to take place today under the measures in the Bill, there would be a real fear that they could be stopped by this Government.

As has been reiterated time and again in this Chamber, the right to peaceful protest, however disruptive it may be to Ministers and Members of Parliament, is one of the fundamental tenets of our democracy. Yet the restrictions that the Government want to impose in the Bill would allow the police to render protests inert, amounting to what is an effective ban. Of course, we have yet to be given any clarity about why the Government are giving themselves such draconian powers, especially when the Government and the police already have ample powers to prevent protests that threaten public order and to take action against those protests they deem disruptive.

It could not be clearer that the powers that the Government want to hand themselves are an extreme overreach, which should leave us all worried about their ability to stifle popular protests against their policies. The reality is that these measures are nothing more than a petty vengeance against protesters by Ministers who are too thin-skinned to accept any criticism. Frankly, they are measures that put the protection of ministerial egos and business interests before the protection of human rights, as part of an intentional journey towards the creation of a Big Brother state that stifles protest and dissent.

Let there be no doubt: this is an extraordinary ideological attack on our civil liberties, with draconian laws, from the undermining of our trade unions to the taking away of our British citizenship without notice, all passed by this Government to curb our freedoms and restrict our rights. That is why this Government must be challenged on every occasion to stop the further erosion of our civil liberties.

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[Bob Blackman (Harrow East) (Con)]

I rise to consider Lords amendments 89 and 146 and the Government’s amendments in lieu. I congratulate my right hon. Friend the Member for Newark (Robert Jenrick) and my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) on their speeches on this subject. I declare my interest as the co-chairman of the all-party parliamentary group on ending homelessness.

There are two aspects to the Vagrancy Act. The first, of course, is being homeless. I have always taken the view that someone should be assisted and not arrested if they have nowhere to live. That is one of the reasons it is desperately important that we end the Vagrancy Act as fast as we possibly can. One of the considerations is that when we go and speak to people who are homeless, rough sleeping on the street, they will say that they fear authority—they fear the police. They should not fear the police; the police should be able to assist in trying to direct them to charities or other bodies that can help them to find a secure place to live instead of their being threatened with either being moved on or literally being arrested. That is one of the most important reasons why we want this off the statute book as fast as possible.

The other aspect is begging. Antisocial behaviour, begging under false pretence of need, forcing others to beg and trespassing are all outlawed under our much more modern legal actions. The police have the powers to deal with this without using the Vagrancy Act, but they will use it because it is a catch-all. In 2014, 2,219 people were prosecuted under the Vagrancy Act, but in 2019 this dropped to 742, demonstrating that we do not need it any more and we must get rid of it.

During the pandemic, my right hon. Friend the Member for Newark led the way on ensuring that everyone was taken off the streets, for which I commend him and the whole Department. However, the rough sleeper count is now back to 4,500—half what it was in 2019 but still far too high.

I am glad that the Government have given way, finally, on abolishing the Vagrancy Act, but I am worried, because we cannot afford to wait 18 months. We will then reach the 200th anniversary of that Act being brought in, which was way before any of us were thought of, let alone born. The reality is, Minister, that you are considering the introduction of a new Bill that will delay things yet further. Can you give us—

[Madam Deputy Speaker (Dame Eleanor Laing)]

“Can he give us”.