Crime and Policing Bill

John McDonnell Excerpts

Consideration of Lords amendments
Tuesday 14th April 2026 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I wholeheartedly support the amendment that my hon. Friend the Member for Lowestoft (Jess Asato) has tabled to Lords amendment 300. Those of us who have dealt with honour cases recognise the overall family involvement, and there needs to be recognition that we are talking about persons, not a person.

I have listened to a large number of speeches that have done a tremendous job of setting out the principles behind the motion to disagree with Lords amendment 312, tabled by my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), which I support. I do not want to talk about the principles; I want to talk about the practicalities, because I am worried that it is when the Government rush to legislate around a particular incident, and do not provide adequate time for debate and individual votes, that Parliament makes significant mistakes. That has been demonstrated in the past.

The Minister referenced the Manchester events, which were absolutely tragic, and the demonstrations that took place then. However, she also mentioned that the powers to deal with such events—to prevent and restrict demonstrations that are causing such distress—already exist. She also mentioned that the cumulative impact is a factor that police officers need to take into account; the change made by the Bill is simply that it will say that police will be required to take the cumulative impact into account. That seems like a simple, small step forward, but I think it will cause immense problems. In particular, it will place a burden on the police, but it will also introduce an element of subjective judgment by a number of senior police officers.

I will give examples from our history. In the 1980s, I was involved in the City of London branch of the anti-apartheid movement, and for two years, we held a permanent demonstration outside South Africa House. I remember being there, singing Christmas carols, on Christmas day. It was disruptive, and people were arrested for individual offences, but that was the whole point. We were there because we said that we would not leave until Nelson Mandela was released. At that time, we were condemned in this House for supporting a terrorist, and for supporting a terrorist organisation called the African National Congress. These days, if we held up the banners that we held up then, we would probably be arrested. The other example I give is from 1985, I think. I was involved in the organisation of the people’s march for jobs. A group of unemployed workers marched from the north all the way to London, and my job was to prepare for their arrival in London, but in every town and city, they were met with a demonstration. On many occasions, those demonstrations were disruptive—that is cumulative.

For me, the other issue is that unfortunately, I think this change is largely targeted at the Palestine Solidarity Campaign demonstrations in London. I have been involved in some of the processes of negotiation with the police on each of those demonstrations—I have been on virtually every one, over two years. I have been advising the organisations involved when they are going into the negotiations, as well as during those negotiations. So that Members understand, what happens is that a date is identified months in advance. As that date gets nearer, discussions take place with the police, and severe restrictions are placed on the route and the timing of the march. The issue of synagogues has come up; I do not think there has ever been a synagogue within half a mile of one of those marches, but the demonstrators themselves have said, “We’ll adjust the times, so that it does not in any way interfere with any service.” Those are the negotiations that go on. It is a thorough process.

However—I do not say this lightly—as a result of my experience of the whole process, I have lost confidence in the judgment of the senior Metropolitan police officers. I say that because I was involved in some of the discussions on the demonstrations in which Ben Jamal and Chris Nineham were arrested. I found then that the use of the restrictions was deliberately provocative. What has been said in court since then has been disingenuous, because I was there on the spot, and I saw what happened. In fact, the next day, I was pulled into the police station and interviewed as a result of the events that day. I have lost that confidence, because we were assured that the Metropolitan Police Commissioner and his senior team would consult with the wider communities in advance of planning for these demonstrations, so that views could be taken on board, particularly the views of the Jewish community. “Consultation with the Jewish community” has largely been interpreted as consultation with the Board of Deputies. The Board of Deputies represents a certain section of the Jewish community. In fact, it has split. Last year, 37 members expressed their concern about how the Board of Deputies was expressing its position on Gaza.

During the demonstrations, I start the march with the Jewish bloc. I have marching beside me Stephen Kapos, the Holocaust survivor who became quite a famous architect. The organisations in the Jewish bloc have never been consulted about the march. The Haredi community, which is the largest Jewish community, particularly in London—the orthodox Jewish community —has never been consulted about these demonstrations. I am sorry, but I have lost confidence in the assurances that we have been given that there are wider consultations with the community.

In the past few weeks, I have lost so much confidence in the judgment of Metropolitan police senior officers. Every year for decades, we have had a march in London for the Palestinians on the anniversary of Nakba, to commemorate the Palestinians being forcibly removed from their own land. Nakba means catastrophe. There is a march in London every year around 16 March. This year, it was going to go ahead as normal. Planning and discussions were taking place, and then the police said, “No, you can’t go on your normal route.” Why is that? Because the police had allocated it to Tommy Robinson. We saw what happened last year in London on Tommy Robinson’s march. There was violence, and there were attacks on police and individuals, yet the Palestinian demonstration was displaced for this far-right group—thugs, in many instances. That demonstrated to me the bias among Metropolitan police senior officers. In many ways, it demonstrates how they could start interpreting the concept of cumulative impact in this legislation, which will go through today.

With every move towards restricting peaceful protest in any way, there is a risk. We have seen in the past, on a number of occasions, that if we deny people the right to peaceful protest, they will riot. There is a risk that, through this legislation, we undermine our historic, real commitment to democratic, peaceful protest. That right has achieved so much in our country; we have achieved so much through the reforms that have been demanded. This legislation puts in peril those rights, and in addition, through it, we could be acting provocatively, undermining the peaceful protest that we want to see. That could result in the potential for riot. That is why we needed more time to debate and discuss the issue, and why we needed a right to vote on the motion to disagree. That is not going to happen tonight, and I think we will regret it in the long term.

[Andy McDonald]

Does my right hon. Friend share my concern that although Lord Macdonald of River Glaven has been commissioned to carry out a review of the complex public order architecture, we are taking a measure in this arena without the benefit of that review’s findings? Is that not putting the cart before the horse?

[John McDonnell]

I entirely agree with my hon. Friend. He made the point earlier, and I think it is completely rational and understandable.

What adds to my anxiety is that in the normal run of things, a serious matter such as this would be introduced in the House of Commons, and there would be a proper Commons debate, after which the matter would go off to the Lords, and then come back to us. I feel that we are being bounced into this today, and I did not expect that of my Government on an issue of this sort, because it is so important, and because it will have major consequences for us in the future—and particularly for our movement, which was based on protest from the very beginning. We seem to be undermining our historic tradition, and our commitment to a role that we have played historically and will almost inevitably need to play in the future.

[Mary Kelly Foy (City of Durham) (Lab)]

There is much in the Bill that is serious and worthy of support. The measures to tackle shop theft, protect retail workers, strengthen the response to exploitation and abuse and deal with knife crime are all important. However, Lords amendment 312 raises a very different prospect. It is not really about violent disorder or intimidation. It is about making it easier to restrict repeated protest. It would require the police, when deciding whether to impose conditions on a protest, to take into account what the Bill calls “cumulative disruption”. That means not just the disruption caused by the protest, but disruption said to arise from other protests in the same area that were held, are being held, or are intended to be held. The organiser does not have to be the same; the cause does not even have to be the same.

That should concern every Member of this House, because effective protest is very often cumulative, and democratic campaigning is nearly always repetitive. The campaigners come back again and again. That is true of the trade union movement, true of the suffragettes, and true of the civil rights tradition more broadly. The cumulative nature of protest is not a flaw in our democracy. It is often the means by which democracy speaks, and that is why amendment 312 is so dangerous in principle. It takes something that has always been central to democratic struggle—persistence—and starts to treat it as a problem to be managed down. It turns the repeated exercise of democratic freedom into a reason for state restriction. Once the House accepts that logic, we move on to very difficult ground indeed.

Laws like this are never drafted only for the Government of the day. They remain on the statute book. They pass into other hands. We would be naive not to ask how a future hard-right Government might use a power like this. As the TUC has warned, broad “cumulative disruption” tests could all too easily be used against trade union demonstrations, against long-running industrial disputes, against repeated pickets, rallies and marches, and against the kind of organised working-class protest that has been central to the Labour movement and to the winning of rights in this country. That is not alarmism. It is exactly why Parliament should be careful about creating broad powers that can later be wielded by Ministers and authorities with far less respect for civil liberties.

Peaceful protest is not an inconvenience to be tolerated only once. It is a democratic right, and one of the clearest tests of whether we truly believe in that right is whether we still defend it when it is persistent, visible and effective. That was true of the Chartists demanding political reform, the match girls and dockers fighting for dignity at work, the anti-apartheid movement that refused to give up, and the suffragettes who were crucial in securing the vote for women.

--- Later in debate ---

[Sarah Jones]

The role of this House is to debate, which is exactly what we are doing now. I listened, for example, to my right hon. Friend the Member for Hayes and Harlington (John McDonnell), who talked about his experience with the Metropolitan police in recent times and his sense that he had lost confidence with the way that they were making decisions on protests. I hear all those things and am happy to have more conversations. I am sure that the police would be happy to as well.

I will just say—this does not have an impact on anything that I think about what the law should be on protests—that there has been a 600% increase in the number of protests over the last couple of years. There has been a huge increase in the number of people protesting and the physical ability of the police to just deal with that in terms of resources is not insubstantial. They spend a huge amount of time on this, as we all know, and our neighbourhood officers are often abstracted. That is right and proper—I am not suggesting otherwise—but it is a challenge for the police, particularly in the big urban parts of our country, to have to manage the impact of these protests.

To repeat, the cumulative disruption amendment does not change the guardrails of the powers to impose conditions. It does not change anything about the need to balance the right to protest in the European convention on human rights with the Public Order Act. None of those things will change. What is changing is that we are saying that the police will consider cumulative disruption, rather than that they can consider cumulative disruption.

[John McDonnell]

I think it would be really helpful if the Minister brought the guidance before the House at some stage, once it is completed, so that we could have some clarity about it. There will be protests in the future. A third runway at Heathrow has been threatened again, and there will be a cumulative impact of protests in my constituency. I want to know if I will have to hand myself in at some point in time as a result of that.

[Sarah Jones]

I cannot tell whether my right hon. Friend will have to hand himself in at some point in time. I think probably not, but I can remember debating that particular issue when the previous Prime Minister, Boris Johnson, said that he was going to lie down in front of bulldozers. We have debated these issues on protests many, many times. Guidance does not normally come to this House for approval. That would not be appropriate. I need to stress that the police take the definition as it is, in terms of its natural meaning, but I take the point. The point is that we need to ensure that we get these things right, and I will work with the College of Policing and the National Police Chiefs’ Council on getting this right. I would also ask the House that, when Lord Macdonald has looked at this plethora of emerging legislation, we should consider that and look at what he recommends. Of course, if he recommends that we accept changes to the law, we will debate those things in the proper way in this House if we introduce that legislation.