64 John McDonnell debates involving the Home Office

UK Border Agency

John McDonnell Excerpts
Wednesday 4th July 2012

(11 years, 10 months ago)

Commons Chamber
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Keith Vaz Portrait Keith Vaz
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The hon. Gentleman is absolutely right. Yarl’s Wood is near his constituency, so he will have dealt with these kinds of cases. It is important that we look at the cases on an individual basis. Of course they form part of a grid, table or pie chart, but they involve individual people with real problems that we need to deal with.

I will move on to students, which is an issue of great interest to the hon. Member for Oxford West and Abingdon. The Select Committee happens to contain not only the hon. Lady, but the hon. Member for Cambridge (Dr Huppert), so obviously student visas are an important issue to it. Of course, the fine universities of Northampton, Leicester, De Montfort and Rhondda are also represented in the Chamber. [Interruption.] If there is not a university of Rhondda, I am sure that there will be by the end of the week.

We love seeing the Minister for Immigration before the Committee, although we do not see him often enough. He is coming before us on Tuesday. When he last came before us, we talked about student visas. There is definitely a difference of emphasis between the Foreign Office, the Department for Business, Innovation and Skills and the Home Office. The Home Office feels that it is very important to reduce the number of students, and to reduce the intake only to the brightest and the best—whatever that means.

We all want to get rid of bogus colleges. That is why the Committee has pressed the UKBA to ensure that more of its visits are unannounced. The majority of its visits to colleges are still announced. People can therefore prepare for its arrival. We believe that it is important, as we have said in successive reports, that it just turns up on a Monday morning, a Friday afternoon or a Wednesday morning to see whether the college is operating. It is quite easy to do that. The UKBA does it for enforcement purposes. I have many examples of that. Indeed, the Home Secretary has given the example of a restaurant in her constituency, which she visited regularly and liked, being raided by the UKBA. It found that some of the workers were here illegally. If it is all right to raid restaurants, it should be all right to go into colleges to see whether they are bogus.

We and the university sector want as many genuine students to come here as possible, because if they do not come here, they will go to the United States of America. There is even evidence that France is setting up courses in English to attract people who do not want to apply to come to the United Kingdom. It is therefore important that we deal with student numbers.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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There are genuine students who apply to and are accepted by a college on the UKBA’s approved list only for the college to be delisted. Those students are given no opportunity to find an alternative course and are left high and dry. They, too, are victims of this system.

Keith Vaz Portrait Keith Vaz
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My hon. Friend is right. I have many examples of people who have come to my constituency only for the colleges to be closed down. That has happened to one or two colleges in Leicester. Where do those people go in the meantime? The colleges are bogus, but the students are not. They have paid their money in good faith. They are then in limbo if they do not have a different educational establishment to go to.

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John McDonnell Portrait John McDonnell
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Like me, my hon. Friend has prayed against the rules. Today is not the time to debate them in any detail, but does she agree that the Government should now give us the opportunity to debate the rules thoroughly on the Floor of the House?

Fiona Mactaggart Portrait Fiona Mactaggart
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I think it would be helpful to do so, but in a way that is not the point here. The point is that if the Minister accepts that there are errors in the draft—I know that they are errors and not deliberate—he should take the opportunity to withdraw the rules until they can be remedied, to ensure that the immigration system is properly administered. Given the problems of administration—the queues at Heathrow and other issues, and the problem with posts overseas where we have had good reports from the independent chief inspector responsible for entry clearance, highlighting that the wrong decisions have been made—perhaps the Minister could do something about them.

One thing I have learned from my long involvement in these issues is that the biggest problem is trying to get the Home Office administration to do what it says on the tin—to do what the rules say to make sure that the administration is effective and efficient. It is not, and it has not been for decades. The simplest thing to do would be to try to drive out unnecessary processes and to use the people subject to immigration control as allies in making the system more efficient. The vast majority of people who are trying to join their families here or to visit Britain are trying to do the right thing. If we can work in a way whereby the people trying to do the right thing can help to make the system more efficient, we could envisage a system in which not everyone was subject to the degradation—frankly, it is degradation—that is a product of the gross inefficiency and bureaucracy of that system.

I have made some specific proposals, and if the Minister were to say yes to them today, we could take a couple of little steps in that direction. Many more are needed.

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John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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Given that Heathrow is in my constituency, along with the two detention centres of Harmsworth and Colnbrook, dealing with these issues constitutes the daily work of my office, not just during the day but into the night and at weekends, because, like every other Member’s office, we are inundated at the moment. That was reflected in the speeches of my right hon. Friends the Members for Leicester East (Keith Vaz) and for Manchester, Gorton (Sir Gerald Kaufman) and my hon. Friend the Member for Slough (Fiona Mactaggart).

The hon. Member for Oxford West and Abingdon (Nicola Blackwood) raised the issue of compliance with rule 35. I have met representatives of people whom I would describe as constituents, because they have been detained in my constituency, who have been victims of torture and whose circumstances have been affected deleteriously by their detention. That continues. Hunger strikes are currently taking place in detention centres. People who have come here to seek asylum as a result of torture and the loss of human rights have been denied it, have been locked up, and are now refusing food. Some are in a serious condition.

The right hon. Member for Carshalton and Wallington (Tom Brake) mentioned the detention of children. The independent monitoring board produced a report about Heathrow’s short-term holding facilities at the beginning of the year. I pay tribute to the volunteers on the board for their excellent work and the commitment that they demonstrate. The report made a range of recommendations. It said that the children’s short-term holding facilities were a disgrace. Children had to witness the detention and forced deportation of people—scenes that no child should witness. I hope that the Minister will report that many of the board’s recommendations have now been implemented.

Performing tasks such as controlling our borders and processing applications for asylum or for visas requires staff to undertake that work. When they took office, the Government decided to cut 8,500 Home Office jobs and 22% of the staff at the UKBA. That, has inevitably led to massive queues at ports and airports, weaker security, huge backlogs of casework and, in some areas, an almost non-existent Customs operation. Last year, my hon. Friend the Member for Walthamstow (Stella Creasy), who is not in the Chamber now, asked the Government to explain the rationale of the cuts and how they had been implemented in the Department. It seems that a head count was taken and a percentage cut was made with no real management. What we are seeing now is virtual panic management, in terms of both control of the borders and the case load itself.

Let me give one stark example. I have constituents who work at Heathrow, and sometimes anonymous letters are pushed through my door. I found the latest among my correspondence last weekend. It states:

“I am writing to you anonymously as identifying myself will cause me to get into trouble with my employers.

I want to bring to your attention that over the course of the last few weeks, on at least six separate occasions, UKBA officers at Heathrow Airport have missed disembarking subjects who are of interest to the security services for terrorism matters. These subjects are commonly referred to as SX subjects. They should have been identified upon presentation of their passport to UKBA officers and then referred on to the security service and police, but this has not happened.

This comes at a time when UKBA have had to draft in officers from different areas to make up the shortfall in frontline staff, following the recent political and media pressure regarding queue times. Unfortunately they have had to use staff with little or no training (such as MOD police and office staff) and in some cases bring back people who retired many years ago and are very out of touch with modern working practices. It is inevitable that with these elastoplast measures, mistakes are going to happen.”

I receive such reports from staff regularly. When the Minister and I met representatives of the Public and Commercial Services Union last week, they made clear that morale was at rock bottom, particularly at Heathrow. Staff are being dragged in from all over the country. High-grade staff at grade 6 and grade 7 are working unlimited overtime just to plug the gaps. Where have they been brought from? Customs.

Let me give the House an example that we were given last week. For the week beginning 30 April, the Felixstowe-based team responsible for ro-ro freight control was sent to Heathrow; there was no replacement cover. The following week, the Felixstowe-based team responsible for general maritime and general aviation controls at small ports and airports was reassigned to Heathrow. That meant that one of eight detection teams, which were already understaffed by 30%, was completely absent. I think that the UKBA is in turmoil. In addition to the failure to control our borders because of lack of staff, we are putting the country at risk, just as the Olympics are about to take place and we will have the largest influx of people into the country for decades.

On the backlogs of immigration and asylum casework, the Minister will no doubt assure us that additional staff are being taken on. We now hear that Serco has offered its services free of charge for six months to tackle some of this backlog. Some of us remember that it was Serco incompetence—lost files and so forth—that caused most of the backlog that we experienced a number of years ago.

The current situation is as follows: chaotic management; staff being bussed or flown in from all over the country who are either untrained or not adequately trained to do the border control job; and a backlog of immigration and asylum casework building up at the Home Office. The Government response is to try to change the rules, which will not deter people from making applications at all. It will also not deter people from wanting to make some form of appeal, but, as Members have said, the appeal will come to MPs, rather than go through the process. We will be inundated, therefore. We will be inundated with the pleas and cries of people just for fairness, so that their families can visit them and they can live and celebrate normal family life, including weddings and other celebrations.

We have reached the stage where Public and Commercial Services Union members are balloting on industrial action because their morale is so low. They feel that they have gone through a pay freeze for a number of years and are now faced with intolerable pressures—including bullying and victimisation—from management. They feel that they are being provoked to do whatever they can to defend themselves, and what they can do is take industrial action to highlight this issue and force management and Ministers to the negotiating table to recognise the realities.

More staff are needed, and they are needed immediately—the Government are recruiting some, but not enough. A change in the industrial relations atmosphere is also needed, as is an end to the privatisation and an acceptance that people need to be rewarded for the work they do. There must be respect for those at the front line. They must be listened to; people such as my constituents who send anonymous letters, because they know no other way of whistleblowing or raising issues without being victimised by management, must be listened to.

I am fearful about what might happen over the next few months because of the Government’s mismanagement of this process. I criticised the last Government, but this mess is even bigger than the mess was back then.

European Convention on Human Rights

John McDonnell Excerpts
Tuesday 19th June 2012

(11 years, 11 months ago)

Commons Chamber
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Theresa May Portrait Mrs May
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I shall make a little progress, if I may, because I have taken a number of interventions.

With the changes that I am making, there will generally be no need for a separate assessment of article 8 beyond the requirements set out in the immigration rules. Compliance with the immigration rules will mean compliance with article 8, other than in truly exceptional circumstances. So, a foreign criminal who does not meet the criteria set out in the rules will be deported and they will not have a second bite at the cherry via article 8. Similarly, a migrant seeking to come to the UK to join a partner must meet the criteria set out in the rules or a visa will be refused and there will be no separate article 8 claim. The immigration rules will no longer be a mere starting point, with leave granted outside the rules or appeals allowed under article 8 for those who do not meet them. The rules will instead take into account article 8, relevant case law and appropriate evidence and they will be proposed by the Executive and approved by the legislature.

Of course, the courts have a clear constitutional role in reviewing the proportionality of measures passed by Parliament, but now the focus of the courts should be on considering the proportionality of the rules rather than the proportionality of every individual application determined in accordance with the rules. Where the courts consider individual deportation decisions, it should now be with consideration of Parliament’s public policy intent firmly in mind.

Some have suggested that Parliament cannot set out how article 8 should be qualified because we are bound by the European convention on human rights. They evidently do not understand that article 8 is a right that is qualified by the convention itself. Of course, judges will continue to consider each case on its individual merits, but it is the courts themselves that have said that Parliament needs to make its views clear. In a case in 2007, the House of Lords said that a statement from Parliament was needed on where the public interest lies in the operation of article 8 in immigration cases. The Court of Appeal, last year and this year, has indicated that greater weight is to be given to the public interest when that has been endorsed by Parliament. Today’s motion provides the courts with the statement and the endorsement from Parliament that they have said is needed. The courts should then give that statement from the elected legislature the weight that it deserves.

John McDonnell Portrait John McDonnell
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Will the right hon. Lady clarify whether we are legislating today? Are we passing into law the rules that she published less than a week ago?

Theresa May Portrait Mrs May
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The motion recognises the qualification of article 8 and invites the House to agree that it is set out in the immigration rules. The immigration rules themselves have been laid before Parliament—[Interruption.] I am very happy to read the motion again. It states that the House

“agrees that the conditions for migrants to enter or remain in the UK on the basis of their family or private life should be those contained in the Immigration Rules.”

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John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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Unfortunately the Home Secretary is not present, but let me place on record that I have a good deal of time for her. I think that her speech a few years ago about “the nasty party” was incredibly courageous. [Interruption.] I was trying to make a wider point. I think that it helped to change a bit of the culture of politics in this country. However, I am extremely disappointed in the process that is taking place today. I no longer know what we are debating, or what the purpose of the debate is. If its purpose is to establish some form of credentials for the House—to cause the courts to acknowledge statements in the House and thus, to an extent, shape their judgments in the light of the debate—this is not the way to go about it.

Normally we would debate legislation, and the legislative proposals would be published in good time. Often, as one of my hon. Friends pointed out, those proposals would be presented to the relevant Committee of the House, which in this instance would probably be the Joint Committee on Human Rights. We would receive a report, a legislative proposal would be debated in the House in some form, and then, as a result of a vote, legislation would be enacted. That is the way in which we not only legislate, but shape the interpretation of legislation by the courts.

Pete Wishart Portrait Pete Wishart
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Like the hon. Gentleman, I am totally confused about what we are voting for this evening. There have been three explanations of what the vote at 8.30 pm will entail, but the danger is that we may be voting for the immigration rules in their entirety, as laid out last week. That is unacceptable to me, and I am sure that it is unacceptable to the hon. Gentleman.

John McDonnell Portrait John McDonnell
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Let me finish the point I was making, which is that this is an object lesson in how not to go about influencing others, and certainly not the courts. The immigration rules’ legislative proposals were published only a week ago, and there are 45 pages of amendments to what is an even more detailed document. I ask Members who have read all that material to put up their hand. For the benefit of Hansard, I note that one Member has raised their arm—or perhaps two.

William Cash Portrait Mr Cash
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As an assiduous reader of these documents, may I mention that the Journal Office has advised that the use of an approval motion for such rules is normally subject to negative procedure, although that is not taking place in this instance, and the contention that Parliament’s view is subject to review by the courts is also surprising in the context of article 9 of the Bill of Rights? The Clerks have clearly therefore taken on board some serious points regarding the procedure that is being followed.

John McDonnell Portrait John McDonnell
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I heard those points when they were made previously, and the House of Commons Library note provided to us describes this as an unusual process—I put it no stronger than that. We are having this debate only a matter of days after having received the detailed and complex documents to which I referred, and I simply do not understand the reason for this haste.

Moreover, the first section of the motion is a statement of the obvious; article 8 is, indeed, a qualified right. It then tries to inveigle us into a commitment to support the immigration rules that we received only a few days ago, and which have not been debated. That is an unacceptable attempt to bounce the House into agreeing to something that many of us have genuine concerns about.

We would welcome a wider debate. I know this might sound unusual, but, frankly, I want to consult my constituents on the matter. I want to understand their concerns about these new rules. My anxiety is that we are now entering a political phase. During some Members’ speeches, certain other Members were suggesting, “Well, vote against the motion.” I want nothing to do with this motion, but they were shouting and bearding people about voting against the motion—[Interruption.] I do not think the hon. Member for Crewe and Nantwich (Mr Timpson) has been in the Chamber since the beginning of the debate, has he?

John McDonnell Portrait John McDonnell
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I apologise and withdraw that comment, therefore, but there were definitely shouts of, “Well, vote against it.” Such behaviour draws us into the realm of political knockabout, when we should be having a considered debate about the legislative proposals, and what that results in is clear to anybody who has seen the Daily Telegraph campaign currently being waged, in which it is naming judges and publishing their performance in individual trials. It is saying how many people those judges have deported over the last period. This is taking the form of a witch hunt, therefore, and it is an unacceptable attempt to influence the judiciary. I agree with the hon. Member for Keighley (Kris Hopkins) that there needs to be an honest debate about immigration, but to drag things down into a political knockabout on how to vote on a motion that is irrelevant in respect of any legislation is unacceptable and clouds the atmosphere in this House, and thereby undermines its ability to influence any law court or judge.

The procedure the Government have introduced today completely undermines the credibility of the House on this matter. We need to get back to the normal processes of legislation. We need to ensure Members have the necessary information well in advance of any debate, rather than having it in the curtailed time scale that we have experienced on this occasion—and that is particularly important in this instance, as the matter under discussion is very complex, and very sensitive as well. The full procedures of the House should be followed, including referring the matter for consideration by the relevant Committees of the House which will then report back, and giving Members the time to consult their constituents and then to come to a considered view and arrive at a decision on a vote. That vote may well prove to be unanimous, because people will feel they have been fully involved. No court can interpret this current process as expressing the definitive will of the House, however, because many Members will have not a clue what we are voting on as the information has been provided so late.

William Cash Portrait Mr Cash
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I just wonder whether the hon. Gentleman noticed that the Home Secretary referred to the fact that as yet nobody has placed a prayer of annulment to the immigration rules. I understand the rules were introduced into the House only on 13 June. I therefore suspect that, in the event of such a prayer being put, he has the option—and the right—to call for a vote on the substance of the rules.

John McDonnell Portrait John McDonnell
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That is exactly the point I was about to make. It is important that Members take their responsibilities seriously and that the motion is prayed against. That will enable us to go through the due process of this House, so we can arrive at a decision that Members will feel party to, and that then will have some substance and significance in influencing future judgments in the courts—taking into account, of course, the separation of powers.

Today’s debate is almost a waste of time. It will be looked on as an embarrassment to the House. If we want to improve the standing of MPs and the Houses of Parliament within our community, this is not the route we should be pursuing. I therefore want nothing to do with this motion. I want my position recorded very clearly. I oppose the motion and I wish to get back to a process of legislating whereby every Member feels fully involved—and involved in a process that is serious and significant, not trite as in this instance.

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John McDonnell Portrait John McDonnell
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Will the hon. and learned Gentleman give way?

Geoffrey Cox Portrait Mr Cox
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I will, given that I have mentioned the hon. Gentleman.

John McDonnell Portrait John McDonnell
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If the hon. and learned Gentleman’s argument is that what we are doing today is virtually meaningless, I agree, but where does that fit with Pepper v. Hart, which we have always used as the guide to what influences a court’s decisions, and which defines very narrowly how a reference to Parliament—in other words, to a ministerial statement that gives guidance on existing legislation—can be made?

Geoffrey Cox Portrait Mr Cox
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May I say first that it is not my argument—and the hon. Gentleman knows it. It is a forensic point, which does not do his subtlety and sophistication justice, to suggest that I am saying that this is meaningless. On the contrary, I am saying that it has meaning but we must not overestimate the meaning that it has.

John McDonnell Portrait John McDonnell
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So, virtually meaningless.

Geoffrey Cox Portrait Mr Cox
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No! It makes a useful and practical contribution and is a useful measure that, to the extent that the courts are able to perceive what has gone on here, will no doubt provide a useful added measure of weight to the Home Secretary’s discretion. As for Pepper v. Hart, that is concerned of course with primary legislation and the detailed interpretation of individual clauses.

All that is being done here is that the courts are being invited to take note that the motion before us is not simply the executive fiat of the Home Secretary, and that the Home Secretary has put it before Parliament—much the same would have applied if it had been challenged under the 40-day procedure—and a debate about it has been held. Indeed, the courts in the past have examined motions and resolutions of this House and pointed out that they were merely resolutions, but they have not ignored them, and that is exactly what I expect will happen in this situation.

So the motion is perfectly reasonable. It is a laudable attempt to give this House the opportunity to have its say, and if I may say so there was a degree of pedantry from Opposition Front Benchers, who stood on their moral high horse and said, “This should have been primary legislation.” Of course it should not; the immigration rules already have a statutory procedure for amendment, through the Home Secretary’s laying them before Parliament. That is how they are amended, so we ought to avoid the forensic froth of suggesting that this is not a useful and practical—albeit, I accept, limited—measure.

There is no doubt that the Executive have the right, supported by Parliament in whatever measure they ask Parliament to support them, to put to the courts a degree of guidance on the exercise of the courts’ undoubted discretion to decide what is proportionate. This is not an attempt to fetter the courts; it cannot be. As my hon. Friend the Member for Stone (Mr Cash) has so often said, the courts are “unfetterable”. They will not be fettered by this House, and rightly so. The courts must exercise an independent, individual judgment.

There are other circumstances, however, in which the Executive seek to give guidance to the courts on what they consider proportionate in the circumstances. Let me give the House another example. The Home Secretary has a discretion to make an exclusion order against somebody outside this country whom it is not conducive to the public good to admit.

In—I think—2007 or 2008, what is called an acceptable behaviours policy was promulgated, setting out the general approach that a Home Secretary will take to what is a proportionate decision when people have made expressions that make them undesirable entrants to this country. That was done because, of course, article 10 on freedom of expression can be invoked, and the acceptable behaviours policy provides a broad framework for the discretion that the Home Secretary is to exercise in deciding whether to admit such a person who is guilty of such statements.

The sentencing guidelines are not dissimilar. They are guidance to a court on how a discretion might be used, but they are not binding: they cannot fetter the independent and individual judgment of the court. So, in my view, what is being proposed here is not without precedent in other areas. It is a limited, practical measure, and it is one that the House should strongly support, because there is a widespread belief among the public—sometimes wrongly held, as the hon. Member for Perth and North Perthshire has said, and sometimes a caricature—that the Human Rights Act is a shield for all kinds of disgraceful behaviour. The motion before us will do something to restore public confidence in the decisions that the courts make, and will demonstrate that the Government and this House are conscious that a change needs to be made. What will that do? It will assist the courts in striking the right balance and in achieving a degree of consistency, and, in my respectful submission, that is a wholly laudable aim to which this House ought to give its support.

Immigration Queues (UK Airports)

John McDonnell Excerpts
Monday 30th April 2012

(12 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Damian Green Portrait Damian Green
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That is right, and it cannot be emphasised often enough. Of course people feel frustrated when they are in a queue. We all feel that, but we would all feel much worse if we thought that our country was not being made as safe as possible. The borders are a significant line of defence against people who want to commit criminal acts, as well as those who want to commit acts of terrorism, and I am absolutely determined that we will not compromise our security in any way.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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Will the Minister join me in paying tribute to the staff of the UK Border Agency, who have been working incredibly hard and flexibly over the past few months and, indeed, years? There are real concerns on the front line about the lack of staff numbers, and real worries about what will happen during the Olympics. We must not score an own goal in that regard. Will he take up the suggestion of my right hon. Friend the Member for Leicester East (Keith Vaz) that he visit Heathrow and meet the front-line staff, the trade unions and other stakeholders to explore their views on what could be done to improve matters?

Damian Green Portrait Damian Green
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The hon. Gentleman can be assured that I visit Heathrow regularly. I am happy to join him in paying tribute not just to the hard work of those who work as immigration officers and customs officers at our borders, but to the dedication they bring to the job. They are very serious about keeping the wrong people and the wrong things out of our country. As I say, I visit Heathrow extremely regularly and will be glad to go there in the coming weeks to see the new control room and the more flexible rostering that we are setting up and to see the better use we intend to make of those dedicated staff.

Police Reform and Social Responsibility Bill

John McDonnell Excerpts
Thursday 31st March 2011

(13 years, 1 month ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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I am not sure that guidance can be ignored. It is intended to be of assistance in the implementation of the proposals on the late-night levy. The key element that the hon. Lady has highlighted relates to costs and resourcing. We are bringing forward some of these changes to ensure that licensing authorities can take account of the set-up costs relating to the late-night levy, which might otherwise be an issue. We think that it is important to introduce the amendment to ensure that, as with the different examples I have already given, there are no unintended consequences and that, if we are seeking to ensure that costs are properly attributed, that is built into the structure of the late-night levy.

The hon. Lady made a general point on transparency and how costs are to be drawn up. That is a fair point which I take on board, and we will work through that in detail on implementation so that businesses are clear about the calculation and which costs will be brought into effect for the deduction. It is worth saying, however, that it is a deduction and the levy itself is a fixed figure; we are talking simply about what is being deducted and the 70:30 split, with which she will be familiar. In some ways that relates to our previous debate on the general licensing fees and the costs that can be attributed for the maintenance of the Licensing Act. Some of her comments may be addressed in that direction as well.

Clearly, we want to ensure that the late-night levy is a success. We want local authorities to come forward with it. We believe that allowing the set-up costs is an important part of ensuring that the levy operates well and does not have unintended consequences. That will ensure—this reflects some of the comments in the preceding debate—that the levy will be used by local authorities, will be useful and will contribute to managing the late-night economy and dealing with some of the challenges we have heard about this afternoon. That is why we believe that the Bill and its provisions on the late-night levy mark an important step forward in assisting local communities and local authorities to manage the problems of alcohol and the late-night economy. I therefore hope that hon. Members will be minded to support the amendment.

Amendment 22 agreed to.

Clause 130

Net amount of levy payments

Amendments made: 23, page 89, line 20, leave out from ‘of’ to ‘may’ in line 22 and insert ‘relevant expenses which’.

Amendment 24, page 89, line 23, leave out third ‘the’ and insert ‘any’.

Amendment 25, page 89, line 28, at end insert—

‘(2A) In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing authority in the administration of the late night levy requirement including, in particular, such expenses incurred in, in connection with or in consequence of—

(a) any decision mentioned in section 134(1);

(b) collection of payments of the late night levy;

(c) enforcement of the late night levy requirement.

(2B) Expenses incurred by a licensing authority which fall within subsection (2A)(a) include, in particular, expenses which it incurs in connection with any application made by virtue of section 134(2)(c).’.—(James Brokenshire.)

Clause 133

Amendment of late night levy requirement

Amendments made: 26, page 90, line 38, leave out ‘different’ and insert ‘any’.

Amendment 27, page 90, line 39, after ‘apply’, insert

‘in addition to any that currently apply, or to cease to apply,’.

Amendment 28, page 91, line 7, leave out 'by virtue of section 132(1)(b) or (iii)'

and insert

‘as the result of a relevant decision’.

Amendment 29, page 91, line 11, at end insert—

‘( ) In subsection (4)(b), “relevant decision” means a decision under—

(a) section 132(1)(b)(ii) or (iii), or

(b) subsection (1)(c) of this section.’.—(James Brokenshire.)

Clause 135

Permitted exemption and reduction categories

Amendment made: 30, page 92, line 41, leave out from ‘all’ to ‘that’ in line 42 and insert

‘holders of relevant late night authorisations in’.—(James Brokenshire.)

Clause 140

Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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I beg to move amendment 162, page 94, line 27, leave out subsection (2).

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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With this it will be convenient to discuss the following:

Amendment 163, page 94, line 32, leave out clause 141.

Amendment 164, page 95, line 7, leave out clause 142.

Amendment 171, page 95, line 7, leave out clause 142 and insert—

‘142 Injunctions to prevent a prohibited activity in controlled area of Parliament Square

(1) The High Court may grant an injunction against a person under this section if—

(a) it is satisfied beyond reasonable doubt that the respondent has engaged in, or is about to engage in, a prohibited activity; and

(b) the injunction is necessary to stop the person doing a prohibited activity or from starting a prohibited activity.

(2) For the purposes of this part, a “prohibited activity”; is an activity—

(a) which may result in serious public disorder or serious damage to property; or

(b) where the purpose of the activity is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

(3) A person who fails without reasonable excuse to comply with a prohibition in an injunction order under section 143(1) is in breach of the injunction.’.

Amendment 176, in clause 142, page 95, line 8, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 185, page 95, line 8, leave out ‘or authorised officer’.

Amendment 177, page 95, line 12, at end insert—

‘(1A) In subsection (1) a “senior police officer” means the most senior in the rank of police officers present at the scene.’.

Amendment 195, page 96, line 12, leave out ‘5’ and insert ‘3’.

Amendment 165, page 96, line 13, leave out clause 143.

Amendment 172, page 96, line 13, leave out clause 143 and insert—

‘143 Injunctions under section 142: content and duration

(1) A condition included in an injunction ordered by the High Court under section 142(1) may prohibit the person from—

(a) being in the controlled area of Parliament Square for the purpose of undertaking a prohibited activity; or

(b) entering the controlled area of Parliament Square for the purpose of undertaking a prohibited activity.

(2) An injunction prohibiting a person from being in or entering the controlled area of Parliament Square continues in force until—

(a) the end of such period on which the injunction is made as may be specified by the court making the injunction; or

(b) if no period is specified, the end of the period of seven days beginning with the day on which the injunction is made.

(3) A period specified under subsection (2)(a) may not be longer than seven days.’.

Amendment 178,  in clause 143, page 96, line 20, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 193, page 96, line 22, leave out ‘90 days’ and insert ‘seven days’.

Amendment 194, page 96, line 24, leave out ‘90 days’ and insert ‘seven days’.

Amendment 186, page 96, line 20, leave out ‘or authorised officer’.

Amendment 179, page 96, line 26, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 187, page 96, line 26, leave out ‘or authorised officer’.

Amendment 166, page 96, line 40, leave out clause 144.

Amendment 173, page 96, line 40, leave out clause 144 and insert—

‘144 Applications for injunctions under section 142

(1) An application for an injunction under section 142 may be made by the Commissioner of Police of the Metropolis to the High Court.

(2) Notice of any application under subsection (1) must be served on the respondent in accordance with the rules of the court.

(3) The court must give the respondent an opportunity to make representations in proceedings before it about the making of an injunction.’.

Amendment 180,  in clause 144, page 96, line 41, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 188, page 96, line 41, leave out ‘or authorised officer’.

Amendment 181, page 96, line 43, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 189, page 96, line 43, leave out ‘or officer’.

Amendment 182, page 97, line 1, leave out ‘constable’ and insert ‘senior police officer’.

Government amendment 57.

Amendment 183, page 97, line 6, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 190, page 97, line 6, leave out ‘or authorised officer’.

Government amendment 58.

Amendment 184, page 97, line 7, leave out ‘constable’ and insert ‘senior police officer’.

Amendment 167, page 97, line 28, leave out clause 145.

Amendment 174, page 97, line 28, leave out clause 145 and insert—

‘145 Breach of injunction

(1) The court may impose a fine not exceeding level 3 on the standard scale where—

(a) an injunction under section 142 is granted against a person, and

(b) on an application made by the Commissioner of Police of the Metropolis, the court is satisfied beyond reasonable doubt that the person is in breach of the injunction without reasonable excuse.

(2) For the avoidance of doubt, subsection (1) grants the only powers available to the court where it finds that an injunction under section 142 has been breached.’.

Amendment 196, page 97, line 28, leave out clause 145 and insert—

‘145 Power of court on conviction

(1) The court may, following the conviction of a person under section 141, make an order requiring the person not to enter the controlled area of Parliament Square for such period as may be specified in the order which may not exceed seven days.

(2) Power of the court to make an order under this section is in addition to the court’s power to impose a fine under section 142(8).’.

Amendment 168, page 98, line 1, leave out clause 146.

Amendment 175, page 98, line 1, leave out clause 146 and insert—

‘146 Discharge of injunction

(1) The court may discharge an injunction if an application to discharge the injunction is made.

(2) An application to discharge the injunction may be made by

(a) Commissioner of Police of the Metropolis who applied for the injunction; or

(b) the respondent.

(3) Before applying for the discharge of an injunction, the applicant mentioned in subsection (2) must notify the other.’.

Amendment 191, in clause 147, page 98, line 34, leave out ‘authorised officer and’.

Amendment 169, page 98, line 34, leave out clause 147.

Amendment 170, page 99, line 4, leave out clause 148.

John McDonnell Portrait John McDonnell
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I almost feel like apologising to the House for burdening it with so many amendments, but let me just explain the grouping of the amendments, which come in three blocks.

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Michael Ellis Portrait Michael Ellis
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That says a lot about the Turner prize!

John McDonnell Portrait John McDonnell
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We shall have another discussion, on aesthetics, later.

I am sure that all Members will be aware that Brian Haw is being treated for cancer, and, whatever our feelings about the protest camp and, in particular, Brian himself, I am sure that we all wish him well in his recovery, even though some might not want a specific geographical location designated for that recovery.

I will explain the background to the amendments, because the issue was excellently debated in what was an entertaining Committee. I am not often placed on such Committees—on average, it happens once every 10 years—but I read the Committee notes and thought that it was an excellent debate about the background to the Bill and the amendments themselves.

As people know, Brian took up his protest a decade ago, and anyone who has ever talked to him will understand his fervent belief in the need for peace and for the avoidance of war, and his concern for the innocent victims of war. His chosen method of protest has been to bear witness in front of the Houses of Parliament to the suffering of others as a result of war, and he has done so by choosing to place an encampment in the square, by addressing Members and others with a loudhailer and by engaging in discussions with others to try to convince them of the errors of entering into military action.

Brian reminds us all of the consequences of the decisions that we take in this place, and he perhaps attempts to influence us in our future decisions. His is a traditional form of protest: peaceful, non-violent and similar to protests that have occurred elsewhere in this country and throughout the world.

When the original proposals came forward under the previous Government, we engaged in that debate and a number of Members expressed their extreme dislike of Brian Haw and his colleagues’ presence outside Parliament. I sat through endless pompous speeches about the sanctity of Parliament square, complaints about not being able to work for the noise of the loudhailer that Brian used, and long-winded debates about the aesthetics of Parliament square. I have a sneaking suspicion that what a number of Members did not like was being reminded of the impact of the decisions that they had taken in this House—decisions that have caused so much human suffering.

The previous Government nevertheless brought forward legislation, which, I think we all agree now, was tedious, bureaucratic and unworkable—and has degenerated into farce. I commend the comedian Mark Thomas for his work to expose its farcical nature. Interestingly, the poor drafting of that legislation meant that it failed to deal with what many Members thought was the harm being done by Brian’s presence, because the legislators—I did not like to point it out to them at the time—failed to make it retrospective, so it never addressed the issue of the encampments. In addition, the permit system became a mockery of what the legislation intended. It degenerated into farce when one person was arrested simply for reading out the names of the dead in Iraq and Afghanistan.

I welcomed—and I said so publicly—the statements by the former Opposition that that legislation would be repealed. I made that very clear before the election and during the election campaign as a result of which the coalition Government were formed. The problem is that this Bill does not scrap the previous Government’s proposals. In fact, it impedes peaceful protest. I give this warning: if it goes through, it will degenerate into the same unworkable and unmanageable farce that the previous legislation degenerated into. Having looked at the evidence from Committee and read the discussions, I think that these proposals will put an unmanageable burden on police officers and local authority officers, and increase their vulnerability to conflict rather than reducing it.

In my view, the Government’s proposals are unacceptably restrictive. They replace one unworkable system with another and have the same effect of restricting, for no good, sensible reason, the right of peaceful protest and assembly and free speech in Parliament square. These proposals are still specific to Parliament square, although I accept that the definition is narrower than in the previous Government’s legislation. The proposals still place a burden on a constable, but extend it to a local council officer to direct a person to stop doing something and to use physical force to take equipment away. Under the proposals, a person who is convicted may be fined up to £5,000, which is a level 5 offence—I find that draconian, to say the least, and well over the top—and a formal application would still have to be made concerning loudspeaker use and to prevent the erection of sleeping structures.

The bizarre debate in Committee about what is a sleeping structure was extremely entertaining. The most intense and heated part of the debate involved the modernist versus the traditionalist: those who supported the duvet approach to sleep as against those who supported the blanket and sheet approach. That is the nature of the judgments and valuations that individual police officers will have to make: “Is that a sleeping bag I see in your pocket or are you just pleased to see me?”; “Is that a sleeping structure you’re carrying with you or a banner supporting the Police Federation?” It will become absolutely ludicrous. The other issue is this: what if someone can sleep standing up, leaning against a structure or against a wall? Does that become a sleeping structure itself? We will go through the same old problems that we had with the previous legislation.

I will be brief, because other Members want to speak, and there is another important group of amendments to discuss. The reasons for the amendments are very straightforward; they have been rehearsed in Committee and in debates on the previous Government’s legislation. In this country, we pride ourselves on a strong democratic tradition of peaceful protest. That has created climates of opinion external to Parliament that have influenced decisions in this House and the decisions of Governments of all political persuasions. It is linked to the fundamental right to free speech and fundamental right of assembly and association. In everything that we do in this House, it behoves us to guard against undermining any of those basic human rights.

James Gray Portrait Mr James Gray (North Wiltshire) (Con)
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I entirely agree with the hon. Gentleman about the right of peaceful protest and the strength of our great British democracy in allowing that. Surely, however, there is a distinction to be made between those who are genuine protesters—I rather agree with him about loudspeakers, incidentally—and those who are campers and dossers staying on a permanent basis, and who are demonstrably an eyesore.

John McDonnell Portrait John McDonnell
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I do not think that the peace campaigners in Parliament square are vagrants or dossers; they are performing a basic democratic service. If they were vagrants or dossers, other legislation, which is used on a regular basis across the country, is available to address that problem. Spending parliamentary time specifically to target half a dozen people who are trying to express their democratic wishes demonstrates to the outside world that we might not have our priorities right.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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I am sorry that I missed the earlier part of my hon. Friend’s contribution. He will be aware that a great deal of parliamentary time has been spent discussing Parliament square over the years, all of which has been unsuccessful from the point of view of those who want to clear it of all signs of protest. Is he aware that in the United States, there has been a peace camp outside the White House for some 15 years, and that there have been peace camps outside the Australian Parliament and other places? Is it not part of something that we should be proud of, namely the democratic tradition?

John McDonnell Portrait John McDonnell
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It is exactly that. Before my hon. Friend arrived, I mentioned that it is a traditional form of expressing democratic views. Rather than banning or impeding it, we should celebrate it. It is as simple as that.

This matter is linked to fundamental human rights. In the Human Rights Act 1998, we adopted those human rights specifically in legislation, but we accepted that they are qualified and can be limited. I accept that, but any limit has to be proportionate and for a legitimate aim. We have to be clear what harm is being inflicted as a result of an individual’s activities if we are going to restrict their fundamental rights. That is the problem with this debate and the debate under the previous Government. There has been no clarification of exactly what harm is being done outside Parliament that requires such disproportionate legislation. As far as I can see, there is no legitimate aim in the proposals of this Government, just as there was not in those of the previous Government.

The issue of security was raised by the previous Government and in the Public Bill Committee. People will remember the ludicrous debate that was held last time around when we were all worried that members of al-Qaeda would hide behind the banners erected by Brian Haw. That was actually suggested in this Chamber. I remember the last IRA attack in London because it nearly hit us when I was in my office. It came from a Transit van that fired missiles, which landed near No. 10. The police officer made it very clear in Committee that the peace campaigners out there have allowed their tents to be searched whenever they have been asked. There is no security risk.

The other issue is whether there is a threat to public order or any form of violent behaviour associated with the peace camp. As far as I am aware, none of the peace campers, including Brian Haw, has been prosecuted for violent behaviour. That issue has not been raised to promote this legislation.

The main objection is therefore the aesthetic one. People do not like the look of a few tents and campaigners outside Parliament. I do not accept that people’s aesthetic judgments can be used to undermine someone’s basic human rights of free speech, association and assembly. And anyway, the protest won the Turner prize, so there are different judgments here about aesthetics. However, I do not want to get hon. Members going about the Turner prize. It reduces the argument ad absurdum that we regularly spend a few hours in Parliament on an aesthetic judgment because some peace campaigners outside Parliament annoy a small, or perhaps even a large, number of Members.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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My hon. Friend will know that the processions of our fallen will no longer go through Wootton Bassett, and that an attempt was made to move the announcement of the names of the fallen from Wednesday to a Monday and a Tuesday. The Government wished to bury the bad news. Is it not a matter for celebration that Brian Haw, through all weathers and for 10 years, has reminded us in the House of the terrible results of war and the price of those who have fallen?

John McDonnell Portrait John McDonnell
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Whether or not people agree with Brian—and I do—he provides us with an essential service in reminding us of the consequences of our decisions in the House. That might offend some people, but sometimes it is helpful to have such offence to draw our attention to the consequences of what we do here. Whatever Members think, and whether or not the tents annoy people who think they are messy or untidy, that is no reason to take away people’s right to choose their method of peaceful protest.

James Gray Portrait Mr Gray
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If the hon. Gentleman was not prepared to accept the distinction that I proposed to him a moment ago, might he not accept that there is a distinction to be made between Brian Haw, who is quite possibly a genuine peace protester and possibly to be respected for his commitment, and the large number of other people who have appeared in recent months and put up their tents? Who knows who they are? If he will not accept that distinction, how many more tents should we accept in Parliament square before we decide that the people in them are illegal campers rather than protestors?

John McDonnell Portrait John McDonnell
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The hon. Gentleman has an exceptionally valid point, which has to be addressed reasonably. Wherever in the country we find that constructions have been erected that people find objectionable, we use planning legislation to deal with them. That legislation already exists. The other people who have joined Brian Haw are mostly peace protestors, and others have come along in support of other causes. If the hon. Gentleman remembers, we had the Tamils come along when the war in Sri Lanka was going on. They camped there for a week, and it would have been heart-rending to try to shift them when they were seeking to influence us to intervene to seek peace, which we did. We helped as best we could to prevent further disaster in Sri Lanka. It is all a matter of reasonable judgment and trying to ensure that we protect basic human rights. The grounds for incursions on human rights cannot just be about the aesthetic displeasure of a number of Members of the House. That is why repealing the previous Government’s legislation was extremely important.

In the debate on that legislation, and I believe in Committee on the Bill, the question was asked whether allowing one group of people to protest precluded others from turning up to protest. Shami Chakrabarti of Liberty, to which I pay tribute for the support it has given us on the issue, has made it clear that there has been no evidence of other people saying that they cannot protest, or of a backlog of protestors unable to get to Parliament square.

Jeremy Corbyn Portrait Jeremy Corbyn
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Perhaps I can help my hon. Friend on that point. I can recall at least two demonstrations in the square that Brian Haw and others possibly did not support. One was when a pig, Winston, was kept there for some months by a pig breeders association, until Winston became too big for the square and had to move on to pastures new. There was also the pro-hunting lobby, for which I do not think Brian Haw had a huge amount of sympathy. Nevertheless, the pro-hunting lobby and the peace campaigners managed to co-exist for quite a long time. That proves that democracy can work even in Parliament square.

John McDonnell Portrait John McDonnell
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There was a worrying consequence of one of those cases—I think Winston got eaten, as a form of capital punishment introduced as a result of what happened. However, a range of protests have taken place in Parliament square unhindered by Brian Haw and the other protestors. If there were a specific harm caused, and one protestor or group of protestors was preventing others from protesting, we should legislate on that specifically rather than have the blanket approach in the Bill.

The amendments are fairly extensive and are in three basic batches. The first begins with amendment 162, and suggests scrapping the previous scheme and preventing the new scheme from being introduced. The proposal is based on the commitments that both coalition parties made before the election, and the argument is the same: this Government’s proposals disproportionately target protests and protesters, just as the previous Government’s measures did. The amendments would remove the powers to harass peaceful protesters. It is very straightforward: there is enough legislation on the books already to prevent protests in Parliament square that we feel impede the operation of Parliament or in any way cause disorder. In effect, the amendments would remove the restriction on protests in Parliament square overall.

The second of three batches of amendments begins with amendment 171. They propose a reasonable, and a more appropriate and proportionate, alternative. Basically, amendment 171 would introduce an injunction process, whereby people concerned about prohibited activity within the square could apply to the High Court for an injunction. It defines “prohibited activity” not as tents or the use of loudhailers, but specifically as something that

“may result in serious public disorder or serious damage to property; or…where the purpose of the activity is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act that they have a right not to do.”

Existing public order legislation can already deal with security concerns and violence within the square, but if hon. Members want specific powers, the amendment would give people the opportunity to seek an injunction, which would be imposed by the High Court if it reasonably believed that a prohibited activity or serious disorder was being planned or had taken place. Basically, that would introduce due process into the act of preventing people from undertaking protests within the square when that could result in public harm. The harm on the basis of which someone’s human rights can be restrained and constrained is thereby defined. Amendment 174 would in addition reduce the overall penalty to level 3, which attracts a £1,000 penalty, rather than the current £5,000 penalty.

Our next batch of amendments—the batch of last resort—addresses who will implement the legislation. As I said, at the moment, the existing legislation and the Bill put an unmanageable burden on police officers. At the same time, the Bill introduces local authority officers into what could be very difficult and dangerous waters.

I propose that if a police officer is to take such decisions, it should be a senior police officer rather than a constable. We should remember that the decision will be to direct someone that they cannot protest in a certain way, and that they must give over their loudhailers, sleeping equipment or whatever. The officer will also have the ability to use force to take such things and arrest people, which is an extensive power that could cause unnecessary conflict. That should be done by a senior officer.

Amendment 185 would mean that if an officer is to arrest someone, that officer should at least be a police constable—I do not believe that that should be the role of a local authority officer. The Bill introduces a vulnerability to local authority officers, who are not trained to undertake such work, and who are not capable of exercising the judgment that police officers exercise. Police officers are trained to make judgments instantaneously on whether someone is committing an offence, and on balancing human rights and an individual’s behaviour. A series of linked amendments would mean that a court could prohibit someone for only seven days rather than 90, although I can understand why certain Labour Whips do not want that for some of us.

As I said, amendment 174, which is in this batch, seeks to reduce the scale of the fine from £5,000 to £1,000—from level 5 to level 3. It is a matter of judgment, but I feel that the fine of £5,000 is so heavy that it will intimidate anyone seeking to organise a protest on the square or even thinking of applying for a licence, because something could go wrong and they would then be held liable. Rather than risk people thinking twice and therefore not coming along to protest legitimately, we should err on the side of caution before deterring people from such activity.

The amendments would define the powers on court conviction much more clearly to avoid the individual summary offence. They also address issues involving the forfeiture of any items. There is a danger that, under the wide and vague power given to police officers at the moment, police officers can take goods from people in a summary way without there being recourse to the courts.

I have rattled through the amendments, because I know that a lot of Members want to speak. [Interruption.] Well, I think they do. Certainly, members of the Committee will want to speak. However, the issue before us sets a test for individual Governments. It relates not only to major issues, but to smaller ones such as this. It is a test of whether Governments are, as they say they are, truly liberal and committed to human rights, and whether they really want to be reforming Governments. This might seem like a minor issue for the House to be addressing—I do not think that we should be wasting our time, and we should not be introducing this sort of legislation—but it is an important test on which the Government will be judged.

In opposition, the Conservative party agreed that this legislation was outrageous and illiberal, and it promised before the election that it would scrap it and support the right of peaceful protest, which I supported as well. Now the Government have introduced proposals that vary very little from the existing regime. In fact, they will become equally contradictory. As a result of this small matter, I believe judgments will be made on the illiberality of the coalition Government, and on their competence too. If this measure is implemented, and individual officers seek to enforce it, it will produce conflict. It will demonstrate an illiberality of mind and the oppressive nature of the Government’s approach.

On that basis, it would be wrong to legislate in this way. I appeal to the traditions not only of my own side but of the Liberals in respect of the right to protest and to freedom of speech, and those of the Conservative party in respect of individualism. I think Disraeli said that man is great when he is motivated by his passions. Those people out there are motivated by a passion for peace and against war. We should not do anything to impede the expression of their views, but that is what this legislation does, and that is why I urge the Government either to withdraw the provisions or support at least elements of my amendments.

Mark Field Portrait Mr Mark Field (Cities of London and Westminster) (Con)
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Unlike the hon. Member for Hayes and Harlington (John McDonnell)—and, I suspect, every other Member in the House at the moment—I did not have the privilege of being on the Bill Committee. As he will appreciate, however, Parliament square stands in my constituency.

I have quite a lot of sympathy with a number of the things the hon. Gentleman said in speaking to his amendments. Above all, there is nothing worse than the sheer powerlessness of this place in the public’s eye. He was right about the indeterminate number of hours spent on this small matter over the past 10 years. We need only consider the incidents and terrible disturbances last weekend on Piccadilly circus and Oxford street. There is a sense of powerlessness. Many constituents—they would not necessarily blame the police, and neither would I—think, “These events are allowed to go ahead, yet we have absolutely no say in the matter.”

In many ways, I agree with what the hon. Gentleman said about the sense in which Parliament is weak and almost entirely marginalised when such debates take place. A decision can be taken by Executive order to go to war and then be rubber-stamped 48 hours later in a parliamentary debate. I know that he and I take very different views about the rightness of what has happened, but I would agree with him in this regard: we spend endless hours debating such matters to no avail and end up with unworkable legislation. We have had some unworkable legislation in the past, so I share some of the hon. Gentleman’s fears that we might be going down that route again.

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However, I share fears about the legislation still being slightly unworkable, not least because so many different authorities are involved, from the police and Transport for London, to the Mayor of London and Westminster city council. I entirely agree with the hon. Gentleman about too much power potentially being in the hands of local authority officers. I do not doubt their ability: many are very able and have shown great judgment. Indeed, in places such as Westminster, local authority officers deal with such problems on a more day-to-day basis than they might in—with great respect—a borough such as Hillingdon. Ultimately, however, these are policing matters. Given the security, the high profile and the difficulty of a lot of what happens in Parliament square, it makes sense for the Metropolitan police to be involved in the process, rather than local authority officers.
John McDonnell Portrait John McDonnell
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Can the hon. Gentleman update us and clarify whether it is true that the local authority and the Mayor have now secured sufficient legal judgments in the courts to remove the peace camp in due course anyway?

Mark Field Portrait Mr Field
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I understand that that will be “in due course”, and there is of course an important event on 29 April, which is in everyone’s minds when it comes to trying to clear the square, which is very much a focus.

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Mark Field Portrait Mr Field
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I suspect that it is only a matter of time before the Evening Standard discovers a secondary market for the tents that are already erected, let alone any new ones that go up.

Mark Field Portrait Mr Field
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I suspect I will never get off this point.

John McDonnell Portrait John McDonnell
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But it is a valid point, which was also addressed in Committee. We get ourselves into a ludicrous position in which someone turning up with a sleeping bag to wait for the wedding—as the Prime Minister did, when, as he told us, he turned up with his sleeping bag for a previous royal wedding—could be arrested under the legislation in the same way.

Mark Field Portrait Mr Field
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Ad absurdum, the hon. Gentleman’s argument is right. However, that is also precisely the distinction that we have to face: the distinction between a one-off arrangement for the one, exciting night before a major public event, and having a permanent encampment around Parliament square. It is to the latter that most sensible people—not those only in this House, but many millions of our constituents—would turn their minds. It is not acceptable that a UNESCO world heritage site—Parliament square, the parliamentary buildings and Westminster abbey—is blighted by having a large permanent encampment. That is an issue, in part, of aesthetics. However, millions of tourists come to Parliament and they must be dismayed by what they see, week after week, month after month. It cannot make much sense for us to allow it to continue.

To an extent, I had sympathy with elements of what the erstwhile Government were trying to do, such as their idea of having a licensed system covering demonstrations when major debates were taking place. In my view, it would have been entirely legitimate, for example, on the day we had our debate on Libya, for those who felt strongly about the issue, on either side, to have held a large, peaceful demonstration. But the notion that encampments can exist day after day, week after week, is another matter. The hon. Gentleman referred to the Tamil encampment that was in Parliament square in the autumn of 2009, which reached a ludicrous stage. There was a lot of noise and disturbance. There were old-fashioned local authority health and safety issues, as well as the whole question of toilet provision, and the area became something of a health hazard as the Tamil group camped there for six weeks before finally leaving.

Many of our constituents are bemused by our sheer powerlessness, and by the fact that we have not been able to get our act together to get the necessary workable legislation in place to ensure that we can achieve our goal.

Stephen Phillips Portrait Stephen Phillips (Sleaford and North Hykeham) (Con)
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One of the reasons that the previous Administration were on such a sticky wicket in regard to the legislation was that it simply did not work. This provision seeks to create a legal regime within which legitimate demonstrations can take place and be adequately controlled in accordance with the UNESCO status of Parliament square.

John McDonnell Portrait John McDonnell
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That’s what the last lot said.

Mark Field Portrait Mr Field
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Indeed, one has heard those words before. My hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) is a relative newcomer to the House, but I fear that we have been having this debate for many years. As we all know, the workability, or otherwise, of legislation often does not become apparent until well after an Act has been placed on the statute book.

It is essential that we do our best, and we must protect the right to protest. I appreciate that Parliament square is a special place for protest, and I would be very loth to see the perhaps spurious ground of security being used to prevent legitimate, high-profile protest on days when debates were taking place in the House of Commons on high-profile legislation. This encampment, however, does disturb some local residents. That certainly happened when the Tamils were here in great numbers in 2009, and many residents wrote to me to say that their sleep was being disturbed.

We need to strike a balance. Either we have to solve this problem or we have to move on, because there is now a sense that we are powerless. Parliament and all the authorities are becoming a laughing stock. This should be a tremendous site for millions of tourists to visit from across the globe. Parliament is the most iconic building in the United Kingdom, and having that eyesore here is unacceptable. I hope that the Minister will take on board some of the very valid comments that have been made by the hon. Member for Hayes and Harlington, but I also hope that we will move hastily towards getting a workable provision on to the statute book to ensure that that eyesore becomes a thing of the past.

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Jeremy Corbyn Portrait Jeremy Corbyn
- Hansard - - - Excerpts

I was not trying to put words into the hon. Member’s mouth. The agreement of the police to the anti-Pinochet demonstration some years ago showed sensitivity, intelligence and involvement on their part. If we approach the issue in a co-operative way, recognising the right to protest, rather than immediately reaching for the law and the barricades and confiscating equipment, we may proceed a bit further down the road.

John McDonnell Portrait John McDonnell
- Hansard - -

The problem with the Bill is that it addresses the issue of protesters sleeping in the square overnight, but does not adequately address the concept of permanence. The peace protesters say, “We are not here permanently; we are just here while the country is at war. Cease the wars and we will depart.”

Jeremy Corbyn Portrait Jeremy Corbyn
- Hansard - - - Excerpts

That is a fair point. It does no harm for Members who come into and go out of the building every day to be reminded that we are involved in wars. I do not think that we should be, but others disagree. In any event, we need to be reminded of the decisions we have taken and of why we have taken them, and there is a constant reminder out there.

British television shows what some people consider to be shocking scenes in Westminster on the occasion of the state opening of Parliament, but other people around the world say to me, “Thank God that you live in a democracy where protest is allowed even on a day like that.” The Queen goes past in the gilded coach, and we see Brian Haw behind her. I think he once gave her a wave, actually. That is an example of protest in a democracy.

Other countries have experienced significant protests, such as Mexico. After the 2006 election, the result of which was hotly disputed, 1 million people occupied the centre of Mexico City for weeks on end in encampments. The mayor of Mexico city decided that it was impossible to move them, and that it would be wrong to do so because they were mounting a legitimate protest. Had he tried to move them, the consequences would probably have been pretty serious and severe.

Democracy is never simple or straightforward, and our image is never straightforward. We do not live on a chocolate box cover or in a postcard environment. We live in a working parliamentary building, and that working parliamentary building ought to be the centre of our democracy. The centre of our democracy is the right to support, the right to protest, the right to dissent, the right to campaign. It is a very powerful tradition.

This House is full of powerful traditions. I think of Charles Bradlaugh and the way he stood up for what he believed, and Tony Benn standing up on the issue of hereditary peerages, and so many others. They are part of our life and our history. We will make ourselves look very silly if we simply stop people taking part in such protests, because if we deny them the right to protest here, they will protest somewhere else; we will move the law somewhere else and make ourselves look even more ridiculous. We should be a bit grown up about this and accept that diversity and differences of view are good things. That is what makes a democracy vibrant and real.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

It is a pleasure to follow the hon. Members who have spoken on this topic so far. I absolutely respect the stance of the hon. Member for Hayes and Harlington (John McDonnell), the passion with which he has spoken on these issues over so many years, and the spirit in which he moved his amendments. I had some sympathy for him, especially after the past 13 years, when he appealed to the Liberal vision of freedom and said that he could not appeal to his own party’s tradition on that.

It is also a pleasure to speak after the hon. Member for Cities of London and Westminster (Mr Field), who clearly knows about these topics, and who perhaps represents in his constituency more historic buildings than I do in Cambridge, which I envy slightly. [Interruption.] It is close, however, as he says.

It was great that the hon. Member for Islington North (Jeremy Corbyn) paid tribute to one of my predecessors as Member for Cambridge, Oliver Cromwell, who was probably one of the greatest political reformers the House has ever had. I am not saying I agree with everything he did, but as he is one of my predecessors, I feel I should speak up for him.

Peaceful protest plays a critical role in our country, and I hope that everybody agrees that we should encourage and respect it—I hope we all share that spirit. It is good that the Government are undoing some of the worst things the previous Government did in this area. I share the hon. Gentleman’s concern about the speed of the changes and his wish that they would move faster. I am grateful for the progress that has been made however, and I will continue to try to unwind even faster all the problems that have arisen.

I am not as persuaded as some of the Members who served on the Public Bill Committee—both Government and Opposition—that the encampment in Parliament square is a problem. I do not share the concerns about it being an eyesore; although it is not something I particularly like to see, it does not bother me. We also had a discussion about the effect on tourism, and I do not share that concern to the same extent as some other Members.

I am delighted that the Government are repealing sections 132 to 138 of the Serious Organised Crime and Police Act 2005. We said we would do that when we came into government—both coalition parties were clear on that. The key question is: should there be any lesser replacement for those provisions? The Metropolitan police have made their attitude to peaceful protest very clear. I have been pressing them on this in the Joint Committee on Human Rights, on which I have the pleasure of serving. They are very clear that their role is not to prevent peaceful protest, and it is not even to allow peaceful protest; Assistant Commissioner Lynne Owens was very clear that their role is to facilitate peaceful protest. That is absolutely right. The job of the police is to make it easier for such protests to take place. That does not mean I agree with all the protests—I happen to disagree absolutely with a number of them—but the role of the police must be to try to make it easier for them to happen.

The key question was put very clearly by the director of Liberty, Shami Chakrabarti—she is always very clear—when she asked: what is the harm? I should declare an interest: I used to be on the national council of Liberty, so I am perhaps biased in my opinion of her, but I am sure that other hon. Members would join me in paying tribute to her efforts over so many years in that cause. We need to address the question: what is the harm? We should be having only those controls appropriate to that harm. I do not agree with the level of assessment of harm put forward by some people so I understand the separate blocks of amendments suggested by the hon. Member for Hayes and Harlington, although I hope he is not going to put them all to the vote, because that would take a long time and some of us were hoping to get home to do some constituency work tonight.

The idea of having no constraints is unlikely to attract support—that is a shame, but I have accepted that that is the case—so the debate has been about the practicality of how to work out something that interferes as little as possible with the right to peaceful protest, which I take extremely seriously. We discussed a number of aspects of that in Committee.

John McDonnell Portrait John McDonnell
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It is important to put on record the fact that this debate is not about having no constraints, because the public order legislation is in place. It contains those constraints, which prevent violent disorder and public disturbance.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

That is a very good point. A range of legislation applies, and in Committee we discussed some aspects that could or could not be used. The hon. Gentleman is absolutely right to make that point, but the question is whether the provisions before us are required.

I do not propose to detain the House by going through all the discussions we had in Committee, because I am sure that Members can read Hansard, if they have not already done so—I am sure that many Members have. Questions arise on the scale of activity. There is a spectrum and we need to consider: who should be allowed to do what; how often; and for how long? The worst of the Bill’s original proposals was the one to give council officials, or even non-council officials given authority by a council, the power to use reasonable force to try to deprive a protestor of an item of property. I was extremely alarmed by that. I am not comfortable with the idea that those people, who are not trained, should be allowed to use that power, and I was not alone. I thank the Minister for listening to me when I voiced my concerns early on and for having to endure our talking about it extensively in Committee.

In one of the Committee’s evidence sessions, I asked what our witnesses thought about that proposal. Shami Chakrabarti, from Liberty, made her position very clear:

“I am also very nervous about non-police personnel exercising those powers.”

None of us would be surprised about that. Metropolitan police Assistant Commissioner Lynne Owens made the point that police officers receive a lot of training and operate within a legislative framework and a misconduct procedure, but she said:

“The provision on the use of force would make us nervous.”––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 20 January 2011; c. 113, Q32.]

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Simon Hart Portrait Simon Hart
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I thank the hon. Gentleman for his intervention. The short answer to his question is yes, notwithstanding my earlier comments about the need for spontaneity in—perhaps smaller—events. Steps are being taken in the right direction. However, having been personally responsible for a number of events between 2000 and 2004, I know that we were always led to believe that lessons had been learned from previous protests, but it became quite clear that they had not.

In more recent events in and around Parliament square, and indeed at the G20 demonstrations, it was quite obvious that some of the findings of the IPPC report, which were produced several years ago, had not been implemented, which was unfortunate. Perhaps there is some value, despite the views of one or two Opposition Members, to having this discussion and debate yet again, because it would perhaps lead us a little closer to a situation that is in the interests of protesters first and foremost and parliamentarians last and least.

The third point made in the IPCC’s findings was loosely described as relating to lines. I recall only too vividly being told at my meeting with the responsible commander on the morning of the demonstration in September 2004 that there was an invisible line—a line on his order paper—across which protestors could not pass under any circumstances. It was a ludicrous situation, as he admitted. We explained that it was ludicrous because there was no way to guarantee safely with 20,000 people that none of them would at any stage drift across that line for one reason or another. Flexibility was needed, but there was none. The result was that when protestors did drift across the line, officers fulfilled their orders, which was absolutely right, and started to make arrests, which led to a sudden and irreversible rise in the temperature. That contributed to the transition from an angry but peaceful protest to one that fell apart and resulted in serious injuries for a number of protestors and career-threatening implications for the officers concerned.

John McDonnell Portrait John McDonnell
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That is an extremely valid point. When a particular line is used to demarcate a geographical area, often the protest spills out into another area and matters become confusing. On that basis, I believe that the legislation will simply lead to encampments elsewhere. It is almost a provocation for other encampments breaking out around the city. We should watch Trafalgar square in future; we will be back here in a few months’ time, with Members urging us to bring forward further legislation to deal with other areas of London.

Simon Hart Portrait Simon Hart
- Hansard - - - Excerpts

The hon. Gentleman makes a good point. He might be interested to learn that a week after the demonstration we held in September 2004 in Parliament square, the same angry army protested outside the Labour party conference in Brighton. It would be fair to say that the organisers—me—were getting quite nervous at that stage about what might happen in Brighton, but the lessons learned by Sussex police in those few short days in between the two protests were very evident when we got there, because they successfully achieved a flexible attitude to protestors, and as the temperature rose so they retreated, and vice versa.

The second point that the hon. Member for Hayes and Harlington (John McDonnell) made, which I should address, and which the Metropolitan police acknowledged at the time and subsequently, is that although the law said one thing back in those days, which was, “You cannot march within a mile of the Palace of Westminster when Parliament is sitting,” its enforcement by the police would have been entirely foolhardy. They knew and made it very clear to us that, had they prevented legitimate and angry protestors coming to the gates of Parliament to make their point, the consequences might have been even worse.

I am encouraged by the fact that the Government are moving a significant, if not the whole, way towards a situation in which there is greater recognition of the arguments that I have set out—enabling, I hope, the police to exercise that operational flexibility which is so important, which was so lacking and which led so directly to very unfortunate injuries and consequences for a large number of people who were already angry and frustrated.

I endorse absolutely the comments made by pretty well every other speaker. We should not underestimate the anger and the frustration sometimes at the consequences of the decisions that we make in this House, or the helplessness felt by many people who perhaps reside a long way from here, who can play no part in the political process and for whom protest is the only way in which they can make their feelings loudly and clearly heard not just by us in here, but by the media and the wider public.

I support any measure that makes it easier for protestors to exercise that absolutely ancient and important right, and I am not persuaded by arguments, which I hope will be put not too seriously, that the tidiness of Parliament square for the royal wedding is somehow more important than the ability of people to protest. If in the next few weeks we make a decision that has profound consequences for very many people, and those very many people wish to make their feelings heard, why on earth should they not do so? If that happens to coincide with the royal wedding, I argue that their right to protest is far more important, and I am glad that the Government recognise that point and are enabling protest to take place legitimately.

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Denis MacShane Portrait Mr MacShane
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I took part in Saturday’s demonstration, and that showed that the political class, at least those in it who care for public services, is not divorced—although part of it is, given that the Home Secretary said last week that the only march she had been on was to protect foxes, not to protect libraries and disabled people from cuts.

Our forefathers won the right to vote in the great demonstrations of the 1880s by shaking down the railings of Hyde park. Since my school and student days, I have marched, and marched again, in London, but I have not demanded to come and stay here permanently or to scream abuse at MPs coming into the House. I am happy to go up to Downing street to join protests that I associate myself with. That is right, fit and proper. This is not about the political class. Frankly, we have allowed a general degrading and devaluation of the role of MPs. The hon. Member for Cities of London and Westminster (Mr Field) is not disconnected. No hon. Member is disconnected: we go back to our constituencies and talk to far more people than any journalist, pontificator or other professional. I still say that we should protect the notion that Parliament is a special place and not just another venue for whatever protest people feel passionate about.

John McDonnell Portrait John McDonnell
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It is important to put it on the record that no evidence has been presented and no representations have been put forward that allege that the encampment opposite Parliament has prevented Members of Parliament from entering the House. All the evidence that has been brought before us shows that there is sufficient legislation to ensure that legal action will be taken against anybody who does impede an MP. I am sure that my right hon. Friend is not trying to allege that that has happened.

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Michael Ellis Portrait Michael Ellis
- Hansard - - - Excerpts

I respect the views of the hon. Member for Hayes and Harlington (John McDonnell). I do not agree with them, but I respect them and the way in which he expressed them. However, I strongly support the provisions in the Bill.

I respect the right to protest, but a number of speakers in the debate have conflated or confused the issue of protest with that of the encampment outside. This is not a personality-driven debate, or it should not be, and one should not sentimentalise the issues involved. I wish to focus, I hope succinctly, on the rights and views of people other than the handful of individuals who have been camped outside for a prolonged period.

People have the right of quiet enjoyment of Parliament square and the facilities therein. I remind hon. Members that the statues have been put up over many years by public subscription. The public have a right to enjoy them, but for at least the past six months there have been fences around them. The taxpayers—not only the residents of the cities of Westminster and London, but people who come from far and wide to Parliament square and Parliament—have the right to use the park, and perhaps have a lunch sandwich.

Some consideration ought also to be given to the servants and agents of this place, and to the police who help to guard it and have to stand in very close proximity to the protest all day for month after month.

Michael Ellis Portrait Michael Ellis
- Hansard - - - Excerpts

I am sorry, I cannot give way, because I have been told that I have only two minutes.

The reality is that the encampment is not a traditional form of protest, as it has been described. In my respectful submission, the problem does not have much to do with aesthetics, either. I, for one, am not really interested in what the protest looks like. I am interested in the rights of others to use the square without their quiet enjoyment being obstructed. The nuisance factor also has to be taken into consideration.

The question of sleeping impedimenta is one of fact and degree. We frequently ask police constables to exercise their discretion in many areas of law, some of which are difficult to define, which is part of the reason why we must give them discretion. The term “reasonable” cannot be easily susceptible to definition, because what is “reasonable” will vary depending on the individual circumstances of the event.

We in this country pride ourselves on protest and I certainly support the right to protest, but there must be some balance. Nowhere else in the world would put up with that type of protest over such a prolonged period. That does not mean that other countries are undemocratic for not putting up with 10 years of an encampment—of course they are democratic. They proudly maintain their democracy, and so would we, but we must balance the right of the handful of people who wish to live in Parliament square to the disadvantage of others, and bear in mind the rights of the latter.

Hon. Members have asked, “What harm is being done by the protest?” Criminal damage is one example of harm. Anything that causes action to be taken by another amounts to criminal damage if it means undertaking repair work. Nuisance, noise, hygiene and health and safety issues, and the loss and effect on tourism, also indicate harm. Such persistent protests do harm. We seek not to stop demonstrations, but just to stop people permanently encamping and sleeping in the square, and disguising that as a right to protest.

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James Brokenshire Portrait James Brokenshire
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The act of protest does not by default give individuals the right to erect permanent encampments in Parliament square or on the pavements outside it. That is the essence of what we are proposing. We want to protect the right to protest, but that does not mean that we endorse the permanent encampment that has arisen and that, in essence, has deprived others of access to that space.

I heard the points that the hon. Member for Gedling made about practicability and workability—in some ways he summarised the reasonable discussions and detailed debate that we had in Committee. However, we have had discussions with the Metropolitan police—he will be aware of the exchange of correspondence—and I have spoken to Assistant Commissioner Lynne Owens in recent days, in advance of this afternoon’s debate. One of the challenges has been about differences of ownership, between the Greater London authority and Westminster city council, and ensuring that the proper protocols are agreed. However, with those protocols in place, our strong belief is that our proposals are workable; otherwise we would not be bringing them before the House.

I hear the debate about the language and the drafting. The Government recognise that any new law will be robustly tested by determined individuals—indeed, that would be the case for any proposals. We have therefore sought to capture attempts to circumvent the legislation that have been raised with us by the police. However, that necessarily carries the potential of capturing others, which is why we have allowed some discretion, as it is important that the provisions should be used proportionately.

Let me turn to the amendments tabled by the hon. Member for Hayes and Harlington (John McDonnell). I suppose that the debate comes down to the context and this issue of a permanent encampment, which we think is so significant. As we have heard, Parliament square is a world heritage site, surrounded by important historic buildings such as Westminster abbey. Given its location opposite the Houses of Parliament and the limited space, we are seeking to balance the competing and legitimate needs of members of the public who come to the area as visitors or protesters, with those of Members of Parliament and others who need to be able to carry out their daily work and enjoy the space.

The Government are clear that no one particular person or group of persons should take over the area to the detriment of others. Encampments remaining on Parliament square in defiance of the byelaws have caused significant damage to the garden and the space, which has underlined the unworkability of the Serious Organised Crime and Police Act thus far. The encampments have required considerable remedial work by the Greater London authority, during which time nobody has been able to enjoy the unique space. In relation to the democracy village occupation, the courts found that Parliament square gardens were not a suitable area for any sort of encampment. More recently, the High Court has 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 gardens, and

“it is also inconsistent with the proper management of the area as a whole”.

The Government and, I think, most Members of this House and the other place would agree with the court’s findings.

Encampments prevent the public’s enjoyment of this unique location and deter people from visiting the area. They even deter and prevent others from protesting, although I have heard the points that have been made in that regard. Let me stress again that we are not seeking to prevent people from protesting on or around Parliament square. We are not seeking to put time limits on protests or to regulate them in that way.

The package of measures in part 3 is aimed at preventing encampments, at dealing with disruptive activity by anyone on Parliament square and at giving the police and authorised officers of the Greater London authority and Westminster city council powers to ensure that Parliament square can be enjoyed by all. So, for example, anyone who pitches a tent in the controlled area defined in the Bill may be directed to take it down. If they fail to comply with the direction, the tent may be seized and they may be charged with an offence.

I welcome the constructive debate that we had in Committee, during which Opposition Members recognised the problem with the current SOCPA provisions and acknowledged the need for new measures. We have heard this afternoon, however, that some of them do not agree with our proposals and continue to have issues. We have introduced a co-ordinated package of provisions that will link into byelaws to ensure that the issues of displacement that have been identified are addressed.

We have listened and reflected on what has been said, which is why the Government have tabled amendments 57 and 58, which deal with authorised officers using powers of force. We continue to believe that the right of authorised officers properly to manage and support the activities in Parliament square, and people’s enjoyment of the square, requires them to have the ability to give directions and to seize items, but not to use reasonable force, because that is the role of the police. That is why we have tabled amendments 57 and 58. They reflect the point that has been highlighted by my hon. Friend the Member for Cambridge (Dr Huppert) and others inside and outside the House. We believe that the package in the Bill strikes a proportionate balance.

We will continue our discussions with the police, with Westminster city council and with the Greater London authority on the management of Parliament square, and on any moves that might result in more co-ordinated ownership and management of the site. Fundamentally, we believe in the right to protest, but that right does not mean permanent encampments. The measures before the House are proportionate and appropriate, because they will enable those who want to protest to have their say outside the House while ensuring that that does not result in the permanent despoiling of Parliament square.

John McDonnell Portrait John McDonnell
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I wish to press amendments 162 and 185 to a vote. The debate has been helpful in that it has reassured me that we support the right to protest. I look forward to Members joining me in protests in the coming months. There is a disagreement over the difference between protest and permanent protest. There is a tradition of effective permanent protest in this country, and that is the tradition that we are seeking to support.

There is a basic human right, enacted in legislation in this Parliament, to assembly, association and speech. Members must have due cause if they want to tamper with that right in any way. If there is an argument that the encampment causes noise, nuisance or any form of obstruction, legislation already exists to deal with that. Indeed, the Minister has just demonstrated that the court is now dealing with the matter in relation to the grassed area. There is therefore no need for the House to waste its time in introducing specific legislation for a small encampment of principled people who are reminding us of the consequences of our actions in this House.

Let me advise Members and warn that we will come back again on this issue. What we are doing here is counter-productive: it will cause further conflict; it will put police officers in an impossible position and council officers in an even worse position. The encampment will move elsewhere and the Government will then have to come back to the matter, as the last Government tried to do with their Civil Contingencies Bill to ban protest elsewhere and outside other public buildings. I believe that this is an error.

I wish the coalition parties had adhered to their promise before the election to—

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Theresa May Portrait Mrs May
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Thank you, Mr Speaker.

We have also taken the opportunity in the Bill, as Members can see, to make improvements to the police complaints system. There are of course other important aspects to the Bill, notably those relating to licensing. I think that Labour’s disastrous Licensing Act 2003 made the problem of binge drinking in this country worse, not better. Far from giving us the continental café culture that we were promised at the time, the Act did nothing to help police and local communities in their ongoing fight against alcohol-fuelled crime and disorder. That is why the Bill will help to turn the tide by ensuring that all those affected by licensed premises have a chance to have a say in the licensing process, allowing early morning restriction orders and the late-night levy on licensed premises opening after midnight to help pay for late-night policing and other services, such as taxi marshals or street wardens.

We have brought forward an amendment to introduce locally set licensing fees so that the fees can achieve what they were intended to, which is to recover fully the costs of licensing authorities in discharging their duties. I think that local government will feel that this is long overdue. We have also repealed the previous Administration’s legislation on alcohol disorder zones, and there was overwhelming support in our consultation for doing that. Those measures, together with a number of others, show that we are committed to stopping the harm caused by alcohol abuse.

As well as measures to tackle alcohol abuse, we will be providing powers to crack down on the damage caused by so-called legal highs. The Bill introduces the power to make year-long temporary class drug orders, which will allow us to take swift action to ban temporarily substances that have been specifically developed to get around existing drugs legislation but that can still cause significant harm.

I hope that the whole House will agree that for too long Parliament square has been subjected to unacceptable disruption and damage from the long-term encampment.

Theresa May Portrait Mrs May
- Hansard - - - Excerpts

No, the whole House does not agree, and I should have pointed out that the hon. Gentleman made his views very clear in our previous debate and through the amendments that he spoke to.

The Bill contains, I think, a tough but proportionate package of measures to deal with encampments and other disruptive activity, and we have responded to Members’ concerns about the powers for authorised officers.

The Bill also makes sensible changes to the procedures for obtaining an arrest warrant for universal jurisdiction offences. We have heard the objections from a small number of hon. Members on the matter, but the Government continue to believe that the requirement to seek the agreement of the Director of Public Prosecutions that a case has a realistic chance of success is a fair and proportionate measure.

The Bill is a balanced package of measures to tackle real problems in our society. It includes directly elected police and crime commissioners, to give people back power over policing locally and to help to cut crime; tougher rules on licensing and drugs to help stop the harm that alcohol-fuelled disorder and legal highs can cause; and appropriate powers to restore the right to peaceful protest outside the mother of Parliaments, while removing the long-term encampments that cause so much damage, disruption and distress. We have had very good scrutiny of, and good debates about, the Bill. I believe that it is a very good Bill, and I commend it to the House.