Nusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Home Office
(1 day, 11 hours ago)
Commons ChamberI thank my hon. Friend for her response to my letter on cumulative disruption, signed by 50 MPs, which would give the police powers to limit strikes and industrial action. Your letter states:
“I have no desire to infringe on—
Order. I am on my feet, so please be seated. “Your letter states”? I do not think I have corresponded with the hon. Member. Continue.
Apologies, Madam Deputy Speaker.
Does the Minister accept that there is a danger that a future Government might be less benevolent towards workers’ struggles and could exploit those powers? Will she please explain to the House why we have not been given the right to debate, discuss and vote on amendment 312?
Max Wilkinson (Cheltenham) (LD)
As the Liberal Democrats made clear at earlier stages, there are parts of the Bill that we can support and parts that we strongly oppose. We welcome a number of the new measures brought forward today. None the less, it is a pity that the Government have overlooked opportunities to take action in some crucial areas, from cracking down on rural crime to supporting a real return to proper neighbourhood policing.
In addition, we are deeply disturbed by the use of the Bill to further erode the protest rights of British people. These are hard-won freedoms that were won by the suffragettes, trade unionists and others over many years, but the previous Government and this one are recklessly taking them away for short-term political expedience, so we strongly oppose those measures. That is happening not just because of the measures in the Bill before us today; it is happening regularly under this Government. We must all consider that at some length in this House.
However, I am pleased that the House will today consider two amendments tabled by Liberal Democrats in the other place. Amendment 2 will ensure that private companies are not incentivised to issue as many fixed penalty notices as possible, so more serious antisocial behaviour is prioritised instead. The Government’s amendment in lieu does not go far enough. It substitutes the clear ban on fining for profit with non- statutory guidance. We must remove this perverse incentive with a ban, not guidance that will inevitably be open to challenge.
Amendment 342, another Liberal Democrat amendment tabled in the other place, will change how youth diversion orders are issued, ensuring courts are given a full account of any alternative interventions that have been tried or considered, why those interventions failed and what consultation took place with the child, as well as relevant agencies. Multi-agency input will help courts better understand why other interventions have failed, leading to higher success rates and time efficiency. Crucially, this amendment will mean better outcomes for young people who would otherwise become embroiled in terrorist activity. We call on Members from across the House to support these measures.
The Liberal Democrats are also supporting several other amendments. We support Government amendments 1 and 4 regarding respect orders, which were concessions secured by our Liberal Democrat colleague Lord Clement-Jones. Respect orders will grant police extended powers to tackle antisocial behaviour, with police chiefs given the power to issue orders without oversight. Lords amendments 1 and 4 require the Secretary of State to make appropriate consultations before issuing or revising those orders.
We are backing several further measures that take action on violence against women and girls. We support Lords amendment 294, a concession thanks to the work of our Liberal Democrat colleague Baroness Brinton, which would replace the power to issue stalking guidance by the Secretary of State with a duty to do so. That follows similar provisions in the Domestic Abuse Act 2021, which places a duty on the Secretary of State to issue guidance.
The right hon. Gentleman is so right. People might ask why I, as a Member of Parliament, am talking about something as simple as litter and fly-tipping, but this criminal activity is costing the taxpayer, costing wildlife and costing our communities. We need strong action—on enforcement and deterrence—to stop this scourge. Walsall, as I have explained, is treating fly-tipping as the crime that it is. The council is gathering evidence and prosecuting offenders, and then the fines can be reinvested in enforcement. All of that together sends a clear message that if people treat our streets as a litter bin, there will be consequences.
That is why I recommend, push, promote and welcome the amendments that would give penalty points to those convicted of fly-tipping offences. We must be clear that if someone uses a vehicle to commit this crime, there will be real consequences. Amendments that would allow vehicles to be seized are a welcome further measure. If we remove the means by which this crime is committed, we strike at the heart of the problem. It is no longer enough to tinker around the edges; we need strong action. Enforcement is key, but so is deterrence. That is why I have long argued for stronger action on littering from vehicles, including putting penalty points on people’s driving licences. If people know that there are real consequences, behaviour will change, because ultimately this is about respect—respect for our communities, for our environment, and for the people who take pride in the place where they live. They are the people who make this country a great place to live, and for their sakes, I urge the Minister to listen, to engage, to take action, and to strengthen the Bill, so that actions once again have real consequences.
Let me end with a slogan from Keep Britain Tidy, which some Members may remember: “Don’t be a Tosser”. I say to the Government: don’t toss this matter to one side. Take some firm action, please.
Let us make sure that language is always parliamentary. I call Andy McDonald.
Chris Hinchliff (North East Hertfordshire) (Lab)
There are many important proposals before us today, and I congratulate the Minister on bringing them forward. I wholeheartedly support the Government’s efforts to tackle antisocial behaviour, offensive weapons, fly-tipping, the exploitation of children, and appalling sexual offences. However, Lords amendment 312, which was introduced in the other place, dangerously infringes on civil liberties.
It is incumbent on all Members to jealously guard the rights of our constituents, and any restriction of their civil liberties should only be accepted by this House on the basis of overwhelming evidence that such proposals would strengthen, rather than undermine, the health of our democracy. On this occasion, however, we have had next to no evidence whatsoever, because these significant changes were only introduced after the original passage of the Bill through this House, which is ultimately a pretty sorry way to treat representative parliamentary democracy.
Lords amendment 312 is out of step with the best traditions of this country and of the Labour party, which has always existed to redress the balance of power in favour of ordinary people. The Chartists, the suffragettes, the organisers of the Kinder Scout trespass, those who stood against fascism at Cable Street, the Campaign for Nuclear Disarmament and the Jarrow crusade—these were protest movements and campaigns of direct action that were supported and led by giants of our party, and which we should celebrate, not disown. They were advancing Labour’s historic mission to wrest power from the established status quo, so that ordinary people have a real say over their lives. Lords amendment 312 contradicts that impulse, and risks shifting the balance of power in our society towards the vested interests that we ought to take on.
The corrosive influence of the rich and powerful runs through every corner of our politics. It muddies policymaking and leaves our constituents asking whether decisions are made in their interests, or in those of the last donor who paid £2,000 a head at a lobbyist curry night. If tweaks are to be made to defend our democracy and prevent disruption to the life of our communities, that would be a far more apt target than the civil liberties of our constituents. Today, Lords amendment 312 is opposed across the Labour movement and civil society by many organisations that share the progressive instincts that should be guiding this Labour Government. That is hardly surprising, given the way this legislation is drafted. It is vague, with no definition of what is meant by
“serious disruption to the life of the community”.
It is widely drawn, with no necessary link between the events considered to be cumulatively disruptive. It does not define the area in question or the timeframe, and it has the blindingly obvious potential to be abused.
The proposals could easily be used to restrict protests simply because they are considered inconvenient due to their persistence, and not because of their content or messages. As my right hon. Friend the Member for Hayes and Harlington (John McDonnell) pointed out, this may place substantial political pressure on the decision making of senior police officers. I want to address the concerns raised by several hon. Members in this debate about the intimidation of specific minority groups. I do understand those concerns and they are legitimate, but the legislation is not drafted tightly enough to address that problem. It is far too vague and far too broad to coherently address that point, and it is not what we will achieve by passing this amendment.
Finally, since we are discussing notions of cumulative impact, whatever the stated intentions today, when these plans are considered alongside the recent restrictions on the right to protest against animal testing, a legally contested proscription and other legislation that I assume means that any of my constituents disobeying these plans would not have the right to a trial by their peers, assertions by the Government that they hold the right to protest sacrosanct are wearing so thin as to be clearly transparent. The case for Lords amendment 312 has not been made, we should not be asked to vote for it en bloc alongside other important but entirely separate changes, and I urge Ministers to drop these plans for good.
Members who have participated in the debate should be making their way back to the Chamber, because the Minister will be on her feet shortly. I expect those on the Front Benches will be communicating that message to their Back Benchers.
Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)
I shall keep my remarks brief. I welcome the vast majority of this Bill, but given the serious implications for our fundamental rights, Lords amendment 312 on cumulative disruption should be given adequate time to be properly scrutinised and debated. This amendment could be used by future far-right Governments to in effect stamp out protests and even trade union pickets altogether. As we all know, Reform UK would repeal the Employment Rights Act 2025, but I doubt it would repeal what Lords amendment 312 will allow. I strongly support my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) in his motion to disagree with the Lords amendment. Sustained peaceful protest is central to the achievement of democratic change.
That was very brief indeed, when the hon. Member had such a huge amount of time. I call the Minister.
I welcome the broad agreement across the House with, I think, the great majority of the Lords amendments, particularly those brought forward by the Government. Those amendments further strengthen the powers of the police, prosecutors and partner agencies to tackle violence against women and girls, online harms and hate crimes. We have sought to engage constructively with the non-Government amendments carried in the Lords. As I set out in my opening speech, in many instances we support the intent behind these amendments and our concerns are about their workability, not the underlying objectives. In that spirit, let me turn directly to some of the points raised in the debate.
The Opposition spokesperson, the hon. Member for Stockton West (Matt Vickers), seeks to disagree with Lords amendment 301. Let me be clear: this is not a move by the Government to police lawful speech, and these provisions do not criminalise the expression of lawful opinions. Extending the aggravated offences does not create any new offence. This amendment extends an existing aggravated offences framework, which operates in relation to race and religion, to cover additional characteristics—namely, sexual orientation, transgender identity, disability and sex.
This framework applies only where specific criminal offences—offences of violence, public order, criminal damage, harassment or stalking—have already been committed and where hostility is proven to the criminal standard. This is not about creating new “speech crimes”; it is about ensuring that where criminal conduct has taken place, and that conduct is driven by hostility towards a protected characteristic, the law can properly recognise the additional harm caused.
That is an important distinction. Freedom of expression, legitimate debate and strongly held views remain protected, but where someone commits an existing criminal offence and does so because of hostility towards a person’s identity, it is right that the criminal law should be able to reflect that seriousness through higher maximum penalties. The hon. Member for Stockton West is simply wrong if he thinks that the same end can be achieved through sentencing guidelines. It is about equality of protection, not the policing of lawful speech.
I will now come to measures debated on the epidemic of everyday crime. Lords amendment 333, on closure powers, was raised by a number of hon. Members. I want to pay tribute to the dodgy shops campaign being run by my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn) and for Leigh and Atherton (Jo Platt). I agree wholeheartedly with their aims. If we do not tackle dodgy shops, it is very hard to do the wider work of bringing back our high streets. I completely share the concerns raised about the rise of illegality affecting so many of our high streets. It is for exactly that reason that the Home Office has established the cross-Government high streets illegality taskforce, which will be backed by £10 million a year for the next three years—£30 million in total. The taskforce is already working at pace to develop a strategic long-term policy response to money laundering and associated illegality on our high streets, including other forms of economic crime, tax evasion and illegal working, and to tackle the systemic vulnerabilities that criminals exploit. The initiative was announced in the 2025 Budget and, as I said, is supported by significant funding.
Strengthening the closure powers available to local partners in tackling criminal behaviour on the high street is part of that mix. Our amendment in lieu accepts that and will enable us to go ahead and do it. The push from my hon. Friends is to do that at pace. We will of course work as fast as we can on the consultation on closure orders that we have agreed to do. I hear the message loud and clear that we need to go fast, but the purpose of the consultation is to ensure that we get this right—that we make the distinction between private and public property, and the complications that might come from that.