Crime and Policing Bill

Debate between Mary Kelly Foy and John McDonnell

Consideration of Lords amendments
Tuesday 14th April 2026 Commons Chamber

[John McDonnell]

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

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

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

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

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

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

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