Police, Crime, Sentencing and Courts Bill

Lloyd Russell-Moyle Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

I completely sympathise with the hon. Gentleman’s sentiment. Having been in this House for nearly seven years, I have often realised that we mistake the introduction of legislation for actually doing something out there on the street. Although we can and should legislate to make things crimes and to better dispose of them, we actually need somebody to take off their bicycle clips, walk out of the office or station and do something different out there on the street to make those of us in society who feel unsafe—particularly, sadly, women and girls—feel safer.

We are trying to give concrete life to that through schemes such as the safer streets fund, where we are specifically spending money on public realm improvements, whether that is CCTV or better street lighting, in areas where women and girls feel unsafe. I hope that the huge increase in police numbers that we are seeing at the moment will see more uniforms out there on the street in those areas where women and girls feel unsafe. There are wider cultural issues that we also need to address. The hon. Gentleman is right to point out, however, that legislation will only take us so far and that what is required is action out there on the streets.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

It sounds a bit like the Minister is saying that the words we say in here do not really matter, but the legislation that we pass here, including making misogyny an aggravating factor, sends messages to people out there. When I sat on the Committee of the Voyeurism (Offences) Act 2019, the Government were clear that although other laws could be used to stop the awful practice of upskirting, it needed to be in a clear law against it. During the passage of that Act, they promised that they would look at and bring forward a measure to make misogyny an aggravating factor in hate crime. Why are they delaying on the promises that they have made?

[Kit Malthouse]

I am sorry, but I am not sure that the Government ever made that promise. [Interruption.] Hold on, I do not know whether the hon. Gentleman has read the Law Commission’s report. Has he read it?

[Lloyd Russell-Moyle]

I have read the section that the Minister is referring to.

[Kit Malthouse]

The Law Commission report is unequivocal about the dangers that it may present. The hon. Member for Walthamstow (Stella Creasy) is shaking her head, but the report’s conclusion says:

“We recommend that sex or gender should not be added as a protected characteristic for the purposes of aggravated offences and enhanced sentencing.”

That is the specific recommendation in the report. The Law Commission has much greater and more skilled legal minds than mine, and other groups do not support the amendment.

I realise that the issue is of great importance to hon. Members, and we must all reflect on the feelings of insecurity that women and girls feel in the public realm, but we are being told by the experts—by the Law Commission—that the measure is likely to do more damage than good. That is not necessarily a substitute for us not doing anything and I have outlined what more we may do, but the point is that we have to listen to the experts. To be honest, I am quite surprised that a party led by a former Director of Public Prosecutions would seek to ignore the Law Commission.

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[Kit Malthouse]

Obviously, it is hard for me to predict how often these things will be used. I will come on to talk about the noise provision more specifically, but it is worth pointing out that it is not common for conditions to be placed on protest generally. The National Police Chiefs’ Council tells us that in the three months to April ’21, there were 2,500 protests, and conditions were put on them no more than a dozen times. The Metropolitan police has confirmed that in 2019—hon. Members have to remember that in London, a protest takes place pretty much every day, and sometimes several in one day—it put conditions on only 15 times and, in 2020, only six times. Admittedly, 2020 saw a suppressed number of protests because of the pandemic, but this is nevertheless rare, and the police take care in placing such conditions.

[Lloyd Russell-Moyle]

Will the Minister give way?

[Kit Malthouse]

I will make a little bit of progress.

On my previous point about the Lords accepting the need for protection outside schools and vaccination centres, we believe it should not just be people working in those two types of facility who are protected from highly disruptive protests. The Government continue to believe it is essential that the police are able in some circumstances to place conditions on protests to prevent noise causing serious harm or impinging on the rights of others. The vast majority of protests in England and Wales will be unaffected by this legislation. The power may be used only in the most exceptional circumstances where police assess the noise from protests to be unjustifiable and damaging to others. I can assure the House that conditions will, by law, be imposed only where necessary and proportionate, with due consideration to all our freedoms of expression and assembly. The police are already legally bound to assess this balance with the powers they currently have.

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[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Like many colleagues, I welcome enormously the steps that the Government are taking in respect of the Vagrancy Act. I will say no more about that and seek to concentrate on two of the most important aspects of the Bill for my constituents. They are two of the most important aspects where we need to be steadfast in not accepting some of the amendments that would weaken some of those key provisions.

The first is a point that has been aired a great deal in a lot of public correspondence: noise nuisance. The Environmental Protection Act 1990 set the legal framework and definitions that local authority noise teams need to use when seeking to address the disturbance being caused to the peaceful enjoyment of one’s home or property and the peaceful enjoyment and ability of people to go about their duties in their place of work. The Minister, like me, is an emanation of local government, so he will be aware of the frustrations that so many people express time and again, when they are unable to gain that peaceful enjoyment. The powers are weak, and the ability to ensure that action is taken to address disturbance is found to fall short. Many of my constituents will welcome the fact that the Government are taking steps not just to make protests, which sit outside the definitions of that Act, actionable under law and by the police, but to address the persistent disruption that can be created by noises that are not exceptionally loud, but designed to make it difficult for people to go about their duties or to enjoy their home or place of work in peace. Given the age of that legislation, the Bill takes a reasonable step.

The Bill mentions that the Minister is of the view that nothing is incompatible with the rights under the European convention. I am a member of the Joint Committee on Human Rights—I know that other members are present in the Chamber—which has taken evidence on a point that the hon. Member for Croydon Central (Sarah Jones) highlighted. I simply say how much I welcome the unamended powers in part 4 of the Bill, which seek to strengthen the position in respect of unauthorised encampments.

Again, as an emanation of local government, I am aware that my local authority and my neighbouring local authority spend hundreds of thousands of pounds of council tax payers’ money every year to clean up the consequences of unauthorised encampments in public parks and places that are normally enjoyed by our constituents going about their business, but who are prevented from enjoying those spaces by their unauthorised and unlawful use. The strengthening of those powers will make a material difference to our ability to maintain our constituents’ quality of life. For those reasons, I strongly support the Government in taking forward those powers unamended.

[Lloyd Russell-Moyle]

When people complain to me about the noise at Prime Minister’s questions, I always tell them that they can tune into any of the two-hour hearings of the Select Committees that I sit on and listen to some calm forensic questioning, but they do not, because shouting—the impassioned barrage of noise—is a fundamental of PMQs and of democracy. Democracy is noisy. Democracy is irritating, but that is democracy.

It will come as no surprise to hon. Members that I have attended a good number of protests and never once—never once—have I attended a protest without the intention to disrupt or to make a noise. Quite frankly, what would be the point? When our constituents feel that they cannot be heard through other means, they stand outside and they shout. Even if they are fox hunting supporters or Brexiteers, I smile when I walk past them as they are performing that basic level of democracy—from the agora to Parliament Square. The idea that we would criminalise those people is frankly disgusting.

[Clive Lewis (Norwich South) (Lab)]

My hon. Friend is making some excellent points. Does he see the irony that as we watch Putin’s tanks roll into Ukraine and protesters having their peaceful protests broken up by the police, we in this place are debating a Bill that would take away the right to protest?

[Lloyd Russell-Moyle]

I do. The expansion of police powers is highly disproportionate. In the words of a former police chief and senior officers who have written to the Government, it will place an “onerous burden” on and apply “greater political pressure” to frontline police. Ultimately, it will be up to the police to determine whether the low threshold has been met.

Ruth Walshe, a volunteer from Green and Black Cross, detailed her experiences of the police during the Black Lives Matter protests in 2020. She heard the police say to her:

“‘who does that b**** think she is’, ‘can’t we lock them and put them in a cell’, ‘what do those f****** want’”.

Reports of that type of behaviour are corroborated by the Charing Cross report, which found that officers present at those protests had made horrific homophobic, sexist and racist remarks. There are very many good police officers, but collectively, there is a problem in the police. Rather than trying to deal with those systemic problems, the Government are saying, “Make racist, sexist or homophobic abuses and you get more powers to control woman, people of colour and queer people.” It is outrageous.

I also rise to speak in support of Lords amendment 87, which would remove clause 61, which should really be called the “Get Steve Bray” clause. I have found Steve bloody irritating at times, but creating an unprecedented and disproportionate law to go after a man who interrupts the Minister’s Sky News interviews is quite frankly pathetic. Some hon. Members may remember Brian Haw, the peace campaigner who lived opposite. It was wrong then for the Labour Government to try to get rid of him from Parliament Square and it was right that Conservative Members stood up for him to stop the law being changed. They should be doing it now.

I will end with this observation. The Government did not like the Black Lives Matter protests when tens of thousands of young people went on to the streets for racial equality, they were embarrassed by the anti-Trump demonstrations during his state visit and they despised the 1 million people who marched to try to stop Brexit, so we are here with a Bill that tries to make the snowflakes opposite feel better. That, frankly, is what they are: the Secretary of State is a snowflake, and the Minister’s Back Benchers are snowflakes. They cannot cope with a bit of robust debate. They cry into their port in the evening when people say things they do not like or they are too noisy. Rather than debate them back or viscerally argue back, what they do is shut them down and make them illegal. It is nasty, it is wrong and it should go.

[Ian Levy (Blyth Valley) (Con)]

I will be brief, as I realise that time is pressing.

My father, sadly, passed away in September last year. Some years earlier, on his way home from work, he was involved in road traffic accident that left him almost dead and crippled, lying in a field. He never walked again. He was crippled by a hit-and-run driver, but because he received treatment in hospital very quickly, he survived, and because protesters were not blocking the road to the hospital he attended, he survived. My father went on to see marriages, grandchildren and great-grandchildren. My parents enjoyed years of marriage and had their 63rd wedding anniversary. I strongly believe that if protesters had blocked that road to the hospital A&E where I saw my father with his leg just about hanging off—it was absolutely horrific—[Interruption.] Thank you very much. In that case, I would not have had that time with my father, so I will be supporting this Bill tonight in memory of my father.