Crime and Policing Bill

Lord Jackson of Peterborough Excerpts

Committee stage
Wednesday 17th December 2025 Lords Chamber

Moved by

[Lord Jackson of Peterborough]

352: After Clause 109, insert the following new Clause—
“Offences of causing harassment, alarm or distress: amendments(1) The Public Order Act 1986 is amended as follows.(2) In section 4A (intentional harassment, alarm or distress) omit “, alarm” in each place where it occurs (including the heading) and omit “, alarmed” in subsection (2).(3) In section 5 (harassment, alarm or distress) omit “, alarm” in each place where it occurs (including the heading).”

[Lord Jackson of Peterborough (Con)]

My Lords, it is a pleasure to have the opportunity to contribute to Committee proceedings. My Amendment 352 is quite straightforward. It would omit the word “alarm” from the appropriate legislation, by way of a new clause. In the landmark 1976 case, Handyside v United Kingdom, the European Court of Human Rights established that freedom of expression under Article 10 extends to ideas that “offend, shock or disturb” the state or any sector of the population. The court emphasised that tolerance and pluralism are essential for a democratic society, and that this protection applies to both popular and unpopular expression.

The cut and thrust of debate, whether political, religious or philosophical, means being able to challenge long-standing and sometimes deeply cherished assumptions. It can be shocking and disturbing—even alarming—to have the pillars of one’s world view challenged. It can be deeply uncomfortable, but it should not be a matter for the criminal law. That is why I have tabled this amendment to the Public Order Act 1986.

My amendment would remove “alarm” from Sections 4A and 5 of the 1986 Act. Section 4A currently criminalises “words or behaviour” that are intended to cause

“another person harassment, alarm or distress”.

Section 5 criminalises

“words or behaviour … within the hearing or sight of a person likely to be caused harassment, alarm or distress”,

even where that impact is not intended or, indeed, actually caused.

It seems to me that there should be no place in the criminal law of England and Wales for criminalising a citizen on the basis that his words or behaviour cause or are deemed likely to cause alarm. Of course, the law should seek to protect the citizen from harassment and distress: these are impacts that can have untold negative effects on people. In a democratic society, freedom of speech should always be balanced with civility and kindness. But, unlike harassment or distress, being alarmed is not inherently a negative impact. Indeed, it may be positive.

For some years now, we have been warned that our planet is hurtling towards destructive and irreversible climate change—I notice the noble Baroness, Lady Jones of Moulsecoomb, temporarily sitting on my Benches—such that it might not be able to support life as we know it. The science and the prescribed remedy are by no means universally accepted. I make no point about that, but I do observe that those seeking to change our economic behaviour have not flinched at alarming us about the peril we face.

Of course, if you believe that bad consequences will follow bad decisions, you will naturally warn of those dangers, as exemplified by the proponents of Project Fear during the EU referendum. If the perceived dangers are said to be catastrophic, it will inevitably alarm some people. This is seen in the expression of religious or philosophical belief. If a Christian preacher believes, as Christians do, that the Day of Judgment is approaching, in which all people will be judged for the lives they have lived in the here and now, it should come as no surprise that the preacher will seek to ring the alarm bell. If you believe that the world consumption of meat is causing the decimation of the rainforests and leading to the overproduction of carbon dioxide gases, you might well want to alarm the complacent beef eater of those catastrophic consequences in order to make the case for veganism.

--- Later in debate ---

[Baroness Jones of Moulsecoomb (GP)]

Is the noble Lord saying that, when I was on the Bench here and he hissed at me that I should shut up because I was rude, that was okay because it did not alarm me? Does he remember doing that? We almost came to blows outside.

[Lord Jackson of Peterborough (Con)]

I recollect that we have always had a robust exchange of views. I did not in any sense seek to alarm the noble Baroness, but, from memory, she arrived late for a group of amendments, pontificated for a few minutes on issues that she had not heard and then—

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, I am going to call a halt at this point. This is remembrance of things past. We have an important amendment to discuss today, and we should focus on the amendments.

[Lord Jackson of Peterborough (Con)]

I thank the Whip. I was merely elucidating for the benefit of the Committee the context of the noble Baroness’s rather strange intervention on my remarks. I do not quite have the same recollection that she does—

[The Deputy Chairman of Committees (Lord Beith) (LD)]

My Lords, the noble Lord has moved the amendment, and the opportunity is there for other Members to speak to it.

--- Later in debate ---

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, I confess that when I woke up this morning I did not anticipate having a discussion about Thames Valley Police and a gay horse. Such is political life on the Government Front Bench. Nor did I anticipate talking about the Prime Minister’s private parts, referred to by my noble friend Lady Chakrabarti.

On a more serious note, I am grateful to the noble Lord, Lord Jackson, for his amendment. I begin by confirming what my noble friend Lady Chakrabarti said, which is that the right to express views, even those that may be unpopular, is a vital part of our democratic society, and freedom of expression is vital. The noble Lord, Lord Jackson, the noble Baroness, Lady Lawlor, and my noble friend Lady Chakrabarti have argued to remove “alarm” from Sections 4A and 5 of the Public Order Act 1986. I am grateful to the noble Lord, Lord Anderson of Ipswich, for giving some balance to the argument and coming to a conclusion that I share. To remove from these offences behaviour that causes alarm would mean that behaviour that frightens or unsettles someone but which does not amount to harassment or distress would no longer be covered. Why does that matter? It matters because it would narrow the scope of the law and reduce the police’s ability to intervene early in potentially volatile situations. An example was mentioned by the noble Lord, Lord Anderson of Ipswich, in relation to activity on a train, late at night, by an individual with too many beers in their body. That is a valuable cause of alarm.

I say to the noble Lord, Lord Cameron, that these provisions have been in place for many years: in fact, they were passed under the Government of Mrs Thatcher, which is not usually a thing I pray in aid when discussing legislation in this House. Removing “alarm” at this stage —this goes to the point mentioned by the noble Baroness, Lady Doocey—would affect how offences operate in practice, including the thresholds that have developed through case law. It would impact on the existing legal framework, which already ensures that enforcement decisions are made proportionately and in line with human rights obligations. This includes the important right, as my noble friend said, to freedom of expression.

The balance that the noble Lord, Lord Anderson of Ipswich, struck is the one that I would strike as well. It is a long-standing, 39 year-old piece of legislation that has held up and has been interpreted in a sensible way by those who have legal powers to use it, both police officers and the CPS. Ultimately, we should ensure that the alarm element remains.

Having said all of that, noble Lords will be aware that the Home Secretary has commissioned an independent review of public order and hate crime legislation, which the noble Lord, Lord Macdonald of River Glaven, KC, is considering. He will consider the thresholds relating to public order and hate crime legislation, whether they remain fit for purpose, if legislative changes are required and if we could have more consistent approaches to the offence of inciting hatred. He will also consider how we ensure offence thresholds do not interfere with free speech and how we deal with the type of issues that the noble Lord has mentioned.

I believe we should stay where we are for the reasons I have outlined, but a review is ongoing. It is important that we allow that review to conclude, which it will do by spring next year. The Government will consider and respond to whatever recommendations come forward. We do not know what those recommendations might be, but they are there to be done, and that is one of the reasons the Home Secretary commissioned the review. I understand where the noble Lord is coming from, but I hope I have put a defence of why we should maintain where we are. In the light of the potential review, I invite the noble Lord to withdraw his amendment.

[Lord Jackson of Peterborough (Con)]

I thank the Minister for his typically thoughtful and considered response. I think he would concede that this has been a very interesting and intelligent debate. I thank all noble Lords who took part, particularly my noble friend Lady Lawlor, the noble Lord, Lord Anderson of Ipswich, and the noble Baroness, Lady Chakrabarti. I thank the noble Lord, Lord Verdirame, who was hoping to take part in the debate but, because this Committee has overrun somewhat, was not able to be here. I also thank the noble Baroness, Lady Fox of Buckley.

The noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Anderson, touched upon the fact that the real meaning of alarm is a fine judgment. I take on board the comments of the noble Lord, Lord Anderson. However, it is important to look in the context of the advice and guidance that the police are given on the use of Section 4A and Section 5 of the Public Order Act. For instance, to breach Section 5, a person needs to act in either a threatening or abusive manner. He also needs to intend his words or behaviour to be threatening or abusive, or be aware that they may be threatening or abusive. I would say that alarm is a lower standard of criminality—a lower bar—than that.

According to police guidance, Section 4A is designed to deal with:

“More serious, planned and malicious incidents of insulting behaviour”.


You are more likely to be accused of a Section 4A offence in relation to a comment directed to a particular individual—for example, publicly singling out someone in a crowd. I think those are the differences, and we will have a different view as to the appropriateness of whether alarm is apposite for dealing with these offences.

Having said all that, we may come back to this. I am grateful for the support of the noble Baroness, Lady Chakrabarti, on this—it is very unusual, but it is a seasonal phenomenon that we agree from time to time. I even agree with the noble Baroness, Lady Jones, from time to time. On the basis of Christmas spirit and all that, and the fact that we will no doubt return to this on Report, I am happy to beg leave to withdraw my amendment.

Amendment 352 withdrawn.