Public Order Bill

Debate between Liz Saville Roberts and Bell Ribeiro-Addy

Report stage
Tuesday 18th October 2022 Commons Chamber

[Bell Ribeiro-Addy (Streatham) (Lab)]

I rise to speak to the new clauses tabled in my name and those of my hon. Friends the Members for Walthamstow (Stella Creasy), for Vauxhall (Florence Eshalomi) and for Battersea (Marsha De Cordova), the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Glasgow North East (Anne McLaughlin) as well as all those amendments that stand against this fundamentally flawed Bill.

One of my motivations for my new clauses was the fatal police shooting in my constituency of Chris Kaba, an unarmed black man, which sent shockwaves through a traumatised community. I offer my condolences to the Kaba family, his friends and his community. I will not say more for risk of sub judice, especially since an inquest is ongoing and the Independent office for Police Conduct is conducting a homicide investigation and considering whether race was a factor in his shooting. I am sure that everybody across the whole House will agree that a just society is one in which your race does not determine whether or not you are over-policed as a citizen and under-policed as a victim. But with a Government who seem hellbent on ramping up policing powers and presiding over worsening inequalities, it is clear that there will be an uphill struggle to realise that vision.

The Bill contains a significant expansion of police powers, including measures that the Government already attempted to put into the Police, Crime, Sentencing and Courts Act 2022. Those measures were opposed in the other place, so I do not understand why they are trying to bring them back. That is one reason why new clause 15 states that there must be a public inquiry into the policing of black, Asian and minority ethnic people. New clause 16 would require an equality impact assessment of the Bill. Yet again, we are having to ask that the Government respect that equality is the law and do not propose legislation that clearly infringes on the rights of minoritised groups.

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

We hear figures from Wales that eight out of every 1,000 white people are stopped and searched. When we compare that with a rate of 56 per 1,000 black people, we see that there is something appalling in the state of stop and search across the United Kingdom—this legislation relates to England and Wales—and that there is something particular in Wales for which we need a Wales-specific justice impact assessment to understand and get to the root of why the figures are so extreme.

[Bell Ribeiro-Addy]

The right hon. Member is absolutely right. That is why I support new clauses 9 and 10 in the name of my hon. Friend the Member for Battersea on the use of stop-and-search powers. In them, she attempts to consult civil society organisations and consider the impact on groups with protected characteristics, as has been mentioned. That should clearly be done by the Government each and every single time they propose legislation, but they do not do it at all.

In this Black History Month, when we talk about some of the civil rights struggles of black people in this country, it is particularly offensive that, instead of reacting to them by bringing about change, the Government are attempting to provide police with even more unaccountable powers. Those are the same police who currently have extremely low trust and confidence among black communities, not least following the recent case of Ian Taylor, who died in police custody in the borough in which my constituency sits, the kidnap, rape and murder of Sarah Everard by a serving police officer, also in my constituency, the disproportionate levels of stop and search, and the treatment of Child Q and other children who have been strip-searched, as well as extensive evidence of institutionalised racism and misogyny in the police.

Just this week, Baroness Casey’s report found that many claims of sexual misconduct, misogyny, racism and homophobia were badly mishandled. These are

“patterns of unacceptable discrimination that clearly amount to systemic bias”,

and they cannot continue. Those are not my words but those of the new Metropolitan Police Commissioner, Sir Mark Rowley.

We know that our criminal justice system continues to be held back by institutional racism—well, at least Opposition Members know that. We have heard about institutional racism in the policing of black communities in every single review—from Macpherson to Lammy—except the Government’s recent Commission on Race and Ethnic Disparities report, which claimed that it did not exist at all.

Not only is the Bill a missed opportunity to remedy all of that profound injustice; it will only exacerbate the racial bias and the discrimination that continues to persist. That is part of the reason why I will speak in favour of a range of civil liberties amendments that seek to ensure human rights for all our citizens. I turn to new clause 11, tabled by my hon. Friend the Member for Walthamstow. I am a person of faith, and I believe that our human rights should be universal, but when a person exercising their rights begins to infringe on somebody else’s rights, that is the point at which we know that that right is wrong. We legislate on these things in this House again and again. The idea that we could use the right to free speech to infringe on someone else’s right to get healthcare is absolutely wrong, so I am pleased to support that new clause.

The Bill continues to follow a pattern from a Government who voice support for protests all around the world but want to crack down on the right to speak up here at home. Protest is an important part of a democratic country because it is one of the driving factors that allows individuals to exercise their rights to free speech and speak up against an unfair and unjust Government—like this Government—and their laws. That is why I tabled new clause 17, which sets out that there must be a public inquiry into the policing of protest, which would address: the use of force; kettling; the deployment of horses; and the new policing powers contained in the Bill and the Police, Crime, Sentencing and Courts Act. I have also signed a range of amendments and new clauses that would seek to protect our civil liberties and trade union rights, including addressing those recommendations from the Joint Committee on Human Rights and those supported by Liberty, Amnesty and others.

I draw colleagues’ attention to amendment 36, tabled by the hon. and learned Member for Edinburgh South West, the Chair of the Joint Committee on Human Rights, about the burden of proving “reasonable excuse” or that an act was part of a trade dispute away from the defendant and making it an element of the offence. The Government are not even attempting to sugar-coat the aim of that measure, which is trade unions. I see trade unions as our last line of defence against the relentless and accelerating attack that we see on the living standards of the working-class. The Government know that their economic policies are unpopular and cause suffering, so they want to remove everybody’s right to resist and fight back.