Public Order Bill

Debate between Ian Paisley and Jon Trickett

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Jon Trickett]

That is the point I was just making, and I thank the hon. Gentleman for repeating it.

The police used the covid rules, which had been passed by the House, possibly regrettably. But under this Bill, the police will need no excuse whatever, because the law will allow them to arrest people even if there is no suspicion of any kind. It is quite extraordinary to see a clause in a Bill brought before this British House of Commons proposing that people can be intercepted by the police on no suspicion whatsoever.

[Ian Paisley]

The hon. Gentleman is making a powerful point. Is it not the case that this Bill removes from the police the right to use something that we expect from them: discretion? It removes the ability to use their discretion and be proportionate. This Bill applies a disproportionate action and forces the police to take that disproportionate action.

[Jon Trickett]

I thank the hon. Gentleman for making that point. He is right that the British state claimed historically to be the bastion of our liberty, but today it is proposed that it become an engine of our suppression. An authoritarian state is being created here, and it is not acceptable.

When I said earlier that these rights go back centuries, I was not exaggerating. The right to freedom of association—for people to meet with whoever they choose, on the streets or anywhere else—is part of the very structure of our society. The rights of free speech, freedom of association and freedom of assembly were built into our constitution for generations and centuries. They will all be fundamentally disrupted by this piece of legislation.

Habeas corpus, the right of individuals not to be intervened on by the state or its apparatuses without good reason, goes back centuries. Protection against arbitrary imprisonment by the state was incorporated in the Habeas Corpus Act 1679. The Bill of Rights 1689 went through this House of Commons, and now the House of Commons is being asked to surrender at least part of the principle of habeas corpus, and on no suspicion whatsoever. I add that point one more time, because it is extraordinary that that is what is being said.

It may be said, “Well, in the light of what’s happening in the country, with the protest movements and so on, we need new powers.” Just a minute, though—will the Minister in responding perhaps tell us why a breach of the King’s peace, or the Riot Act 1714, or other items of legislation which have gone through this House and have protected our liberties over the centuries, might not be appropriately used? A breach of the peace is an act of common law going back before the year 1000, to King Alfred—that is how deep the attachment to liberty is in our country, yet it is about to be broken.

The Justices of the Peace Act 1361, preventing riotous and barbaric behaviour that disturbs the peace of the King, also went through this Parliament. Why is it suddenly necessary now, after more than 1,000 years of our history, to empower the state to operate in these ways? We have many other Acts; the Riot Act was read on the steps of the town hall, I think, in my home city of Leeds, against the gas workers who were on strike in the 19th century. In Featherstone in my constituency, the Riot Act was read and people were killed. All they were doing was striking to protect their wages and incomes. How can it be that there is no legislation in place that might deal with the kind of actions we can envisage taking place? Why is it that suddenly, in this century, we are about to abandon 1,000 years of our history? I will come to an explanation in a moment.

I have spoken to Lords amendment 6, but I will briefly speak to Lords amendment 1 and the attempt to define what the Government mean by “serious disruption”. The amendment is now being replaced by the Home Secretary, who is proposing amendment (a) in lieu. The amendment in lieu is quite astonishing. It suggests that anybody may be arrested if they have taken action that might, in more than a minor degree, affect work or supply of goods and services. Subsection (2)(b) of the Home Secretary’s amendment in lieu refers to the following activities: the supply of money, food, water, energy or fuel, communication, places of worship, transport, education and health. It so happens that those are the areas where there is industrial action—where people are taking action to protect their living standards, a right they have had for more than a century.

Why is the list that has been provided to this House in this amendment proposing those particular areas of action? How can minor disruption to services now be regarded as a criminal offence? This will provoke a breakdown in trust between the police force, the state itself and people taking action. I represent a mining community. I went there just over 27 years ago, and during the strike—[Interruption.] Are you trying to say something, Madam Deputy Speaker?