Sarah Jones
Main Page: Sarah Jones (Labour - Croydon West)Department Debates - View all Sarah Jones's debates with the Home Office
(1 day, 12 hours ago)
Commons ChamberI beg to move amendment (a) to Lords amendment 263.
With this it will be convenient to discuss:
Lords amendment 263, and Government amendments (b) to (g) to Lords amendment 263.
Lords amendment 361, and Government amendments (a) to (e) to Lords amendment 361.
Lords amendment 2, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 2.
Lords amendment 6, and Government motion to disagree.
Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu of Lords amendment 10.
Lords amendment 11, and Government motion to disagree.
Lords amendment 12, and Government motion to disagree.
Lords amendment 15, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 15.
Lords amendments 256 and 257, Government motions to disagree, and Government amendments (a) and (b) in lieu of Lords amendments 256 and 257.
Lords amendment 258, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 258.
Lords amendments 259 and 260, Government motions to disagree, and Government amendments (a) to (d) in lieu of Lords amendments 259 and 260.
Lords amendment 264, Government motion to disagree, and Government amendments (a) to (f) in lieu of Lords amendment 264.
Lords amendment 265, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 265.
Lords amendment 311, and Government motion to disagree.
Lords amendment 333, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 333.
Lords amendment 334, and Government motion to disagree.
Lords amendment 339, and Government motion to disagree.
Lords amendment 342, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 342.
Lords amendment 357, and Government motion to disagree.
Lords amendment 359, and Government motion to disagree.
Lords amendments 360 and 368 to 372, Government motions to disagree, and Government amendment (a) in lieu of Lords amendments 360 and 368 to 372.
Lords amendment 439, and Government motion to disagree.
Lords amendment 505, and Government motion to disagree.
Lords amendments 1, 3 to 5, 7 to 9, 13, 14, 16 to 255, 261, 262 and 266 to 299.
Lords amendment 300, and motion to disagree.
Lords amendment 301, and motion to disagree.
Lords amendments 302 to 310.
Lords amendment 312, and motion to disagree.
Lords amendments 313 to 332, 335 to 338, 340, 341, 343 to 356, 358, 362 to 367, 373 to 438, 440 to 504 and 506 to 532.
I am delighted to see the return of this Bill—the largest criminal justice Bill in a generation—to this House. The Bill will support the Government’s mission to halve knife crime and violence against women and girls in a decade, and give our police and law enforcement agencies the tools they need to tackle antisocial behaviour, sexual violence, terrorism and online harms. The amendments made in the House of Lords support these aims.
Given the number of Lords amendments, I will focus my remarks on the Government amendments made in response to commitments given on Report in the Commons last June by my predecessor as Policing Minister, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson)—she was sitting on the Front Bench earlier—before outlining the Government’s response to the 19 non-Government amendments added in the other place.
First, my hon. Friend the Member for Lowestoft (Jess Asato) rightly raised concerns about the depiction of strangulation and suffocation in pornography, an issue which was also highlighted by Baroness Bertin’s independent pornography review. As set out in our violence against women and girls strategy last December, the Government have announced our intention to criminalise the possession and publication of pornographic images that depict strangulation and suffocation, and Lords amendments 261 and 262 give effect to that commitment.
Secondly, my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) rightly pressed the Government on when we would deliver our manifesto commitment to make all existing strands of hate crime an aggravated offence. I am pleased to commend Lords amendment 301, which extends the existing racially and religiously aggravated offences to cover hostility based on sex, sexual orientation, disability and transgender identity.
Thirdly, my hon. Friend the Member for Gower (Tonia Antoniazzi) pointed to the long-term impact, including on employment opportunities, for those convicted of the offences of loitering and soliciting while under 18. Lords amendments 270 and 271 therefore introduce a new disregards and pardons scheme for anyone convicted or cautioned as a child for those offences.
I will now turn to the 19 non-Government amendments added in the other place. First, Lords amendment 2 seeks to bar the issuing of fixed penalty notices by enforcement companies and contractors for profit. The Government do understand the concern about enforcement agencies issuing fixed penalty notices where there may be a financial incentive to do so. To be clear, local agencies are expected to issue fixed penalty notices only when it is appropriate and proportionate to do so. However, Lords amendment 2 risks weakening crucial enforcement action to tackle antisocial behaviour. Our amendments in lieu instead provide that statutory guidance will address the need to ensure that the issuing of fixed penalty notices by authorised persons is proportionate.
On Lords amendments 6 and 10 to 12, I fully appreciate and understand the damage that fly-tipping can do to our communities. The Government’s waste crime action plan, published on 20 March, sets out proposals to radically improve enforcement in this area, including by granting courts the power to impose between three and nine penalty points on the driving licence of those convicted of fly-tipping where driving a vehicle was used in or for the purposes of the offence. Our amendment in lieu implements this commitment.
Turning to Lords amendment 15, on its introduction the Bill provided for a maximum four-year prison term for those convicted of a new offence of possession of a weapon with intent to cause unlawful violence. While this was drafted in line with other possession offences, the Government accept that the intent element of this new offence justifies a higher maximum penalty. Our amendment in lieu therefore provides for a seven-year maximum rather than the 10 years provided for in the Lords amendment, which we believe is disproportionate given that this remains a possession offence.
Lords amendments 255, 256, 258 to 260 and 505, introduced by the Government and by Baroness Owen and Baroness Bertin, all seek to further tackle the proliferation of demeaning and degrading intimate images online. The Government share these aims, and we are clear that intimate image abuse is completely unacceptable.
Lords amendment 255, brought forward by the Government, will criminalise the making, adapting and supplying of nudification tools. These tools use artificial intelligence to create deepfake, non-consensual intimate images, many of women. While creating, sharing and threatening to share non-consensual intimate images is already illegal, this amendment goes further, and criminalises the developers making and supplying these tools. As well as the criminal duties, once this new offence is in force the requirements of the Online Safety Act 2023 will kick in. This means that social media services will be required to take down content that supplies nudification tools, and search engines will have to reduce the visibility of search results linked to these tools.
I am very grateful to the Minister for giving way on that point. I am not sure whether she will come on to this, but the Government have tabled amendments on online safety, and have identified that the next frontline in this war is artificial intelligence. As she knows, we have already seen children taking their own lives after interactions with AI chatbots, and we know that tech companies will always prioritise profits over user safety, so there must be more focus on a safety-by-design approach that prevents AI products that could be harmful to users from coming to market. This approach has been suggested by Baroness Kidron in the other place. Why are the Government not supporting her amendment?
I thank the hon. Lady for her intervention. She is, of course, right about the growing concern around chatbots and the need for safety by design. I will come on to Baroness Kidron’s amendment and the Government’s response to it later on in my speech.
Furthermore, the Government have brought forward Lords amendment 367 to take a power to extend the scope of the Online Safety Act 2023 to cover unregulated AI chatbots. It means that general-purpose AI chatbots, such as Grok, which allow the creation and sharing of non-consensual intimate images, will have to proactively remove that illegal content from their services or face enforcement from Ofcom. Taken together, the measures will deliver an effective ban on nudification tools. Given that, we do not believe that a separate possession offence, as provided for in Lords amendment 505, would make a meaningful difference, not least as many such tools are accessed online, rather than possessed.
Where a person is convicted of an intimate image offence, we agree that it is vital that those images are deleted from the perpetrator’s devices. Amendment (a) in lieu of Lords amendment 258 enables the courts to make an image deletion order following a conviction for an offence related to intimate image abuse. Breach of the order will be a criminal offence. The amendment also enables the courts to require the deletion of other intimate images of the same victim. This approach gives courts the required flexibility to consider the details of each case when applying their powers, while ensuring that the offenders are held accountable for compliance with the order.
Catherine Fookes (Monmouthshire) (Lab)
I really welcome the Government’s amendment on image deletion orders, which will ensure that after a conviction, courts are properly mandated to destroy those intimate images and film. They will be able to give prison sentences, too; that is incredibly important. Does the Minister agree that this, coupled with the Government’s new requirements for tech firms to delete this horrifying content when it is found, is a crucial step forward in ensuring that non-consensual intimate imagery victims can finally move forward with their life?
I thank my hon. Friend for her question, and I agree with her. This is the culmination of a lot of good work in the Lords and the Commons, from Members of all parties. MPs have pushed as hard as we can on this emerging technology, which is so dangerous and so high risk, and we have a Government who are committed to acting and doing the right thing. Everybody has worked really hard, together, to get us to a much stronger place. The power allowing courts to require the deletion of intimate images will also be available for the offence of breastfeeding voyeurism recording, and the new offence of sharing semen-defaced images.
Online platforms need to do more to ensure that non-consensual intimate images are removed quickly, as my hon. Friend said, and not after the 24-hour timeframe envisioned by Lords amendment 256. To that end, amendment (a) in lieu of Lords amendments 256 and 257 strengthens platform and senior executive accountability by making it a criminal offence for a service to breach an enforcement decision by Ofcom on duties to deal with and remove reported non-consensual intimate images. That means that senior executives of the service could be criminally liable for the breach. As well as taking this enforcement approach, the Government are also strengthening safeguards against malicious reporting. We will also bring forward regulations under existing powers in the Online Safety Act to amend schedule 8, so that Ofcom can require providers to be fully transparent about both the speed of intimate image removals, and how clearly and effectively platforms enable users to report such content.
Rachel Taylor (North Warwickshire and Bedworth) (Lab)
These provisions are so important. The main thing that witnesses who came before the Women and Equalities Committee said, when talking about the impact of non-consensual intimate image abuse, was that the harm grew and grew, the longer the images stayed online. This measure is vital, and I thank the Government for listening to the Committee’s important work.
I thank my hon. Friend, and pay tribute to the Women and Equalities Committee and its work. As I said, this has been a journey, and a lot of Members from both Houses have played a really important role. Ministers in the Ministry of Justice, the Department for Science, Innovation and Technology and the Home Office have been listening very carefully to what MPs have been advising. I am very pleased that we were able to respond.
In addition to bringing in the take-down duty, we will give statutory backing to a register of non-consensual intimate images. Amendments (a) and (d) in lieu of Lords amendments 259 and 260 will enable the Government to designate a trusted flagger, most likely the revenge porn helpline. That will give Government backing to a trusted source of NCII content that can be used by platforms and internet service providers to identify those images. The amendments will also enable the Government to make further provisions, by regulations, on the operation of the register, following a scoping exercise. Those provisions include provision for the Secretary of State to impose requirements on providers to share hashes, and other information deemed necessary, with the register. Hashes, for the benefit of the House, are unique codes used to mark non-consensual intimate images. The scoping exercise will allow us to evaluate the technical requirements, so that we can ensure that the register can be used by victims, platforms and internet service providers to remove or block NCII content. As Lords amendment 260 recognised, proceeding by regulations will enable us to properly evaluate the requirements necessary to ensure that the register operates as effectively as possible.
Turning to two more amendments from Baroness Bertin, Lords amendments 263 and 265, I think we in this place all share her determination to stop the spread of dangerous, demeaning and illegal pornographic content online. On Lords amendment 263, I completely agree that there is a need to curtail the depiction of step-incest pornography, in cases where what it portrays is illegal. The Government’s amendment in lieu will extend the new offence of possession and publication of incest porn to include depictions of step-incest where one of the persons is portrayed as being under 18. Additionally, amendment (a) in lieu of Lords amendment 265 addresses the concerns raised by Lords amendment 265 by criminalising the possession or publication of pornography that depicts an adult credibly role-playing as a child. That makes it clear that content that mimics and risks normalising child sexual abuse will not be tolerated. But we will not stop there. As well as introducing those offences, the Government have committed to producing a delivery plan for how we can close the gap between the regulation of online and offline pornographic content. What is illegal offline should be illegal online.
Lords amendment 264 rightly raises concerns about how we best strengthen safeguards against the sexual exploitation of persons appearing on pornographic websites, an issue raised by my hon. Friend the Member for Lowestoft on Report. We agree with the principle and the need to address this issue, but further work is required across Government on considering what the most effective approach would be to strengthening arrangements to ensure that persons appearing in pornographic material are aged 18 and over, and consent to the material being shared online. Government amendments (a) to (f) in lieu of Lords amendment 264 place a duty on the Secretary of State to report to Parliament on the outcome of this work within 12 months of the Bill receiving Royal Assent, and introduce a power to make regulations giving effect to that outcome.
Tracy Gilbert (Edinburgh North and Leith) (Lab)
I thank my hon. Friend for reassuring us that these amendments have a timescale of 12 months. What are the Government doing behind the scenes to progress this work as quickly as possible? Can she outline the work that she has undertaken to ensure that the regulations are introduced within those 12 months?
There is a powerful group of Ministers working very hard on that. Not least among them is my colleague in the Home Office, the Minister for Safeguarding, who is leading the wider work on violence against women and girls. There is a whole programme of activity, whether by Ministers or officials, across DSIT, the Home Office and the Ministry of Justice to make sure that we get these things right. They are complex, and they involve Departments working together, stepping up and taking responsibility for this work, which is very much ongoing. We want to get this right; that is why we have set the 12-month timescale. The important thing is not only the outcome of that work, but the power to make regulations, as we will, that give effect to that outcome.
Lords amendment 311, introduced by Lord Walney, seeks to grant a power to the Secretary of State to proscribe organisations deemed to be extreme criminal protest groups. The Government understand the concerns expressed in both Houses about the sustained impact of criminal activity by certain protest groups, and, where such conduct meets the threshold for a proscription order under the Terrorism Act 2000, the Government will act, and have already acted. However, we are not persuaded that the introduction of a proscription-lite regime is necessary or proportionate in instances where that threshold is not met. This view is shared by Jonathan Hall KC, the independent reviewer of terrorism legislation, who recently expressed concerns about the adverse consequences of this amendment for the established proscription regime in the Terrorism Act 2000. I urge hon. Members to read the four-page note that he published online last week.
My hon. Friend will recognise, though, that many of us are concerned about the integrity of the concepts of terrorism and terrorist organisations, and the importance of people’s ability to protest the concept of proscription. Those are two very different things. Does she recognise that concern, and will she look at how we can better delineate those two things, so that people can express their concerns about the concept of proscription and how it is evolving under this Government without facing arrest for wanting to have that conversation?
My hon. Friend will have debated these issues in this place, and I think there will always be a debate about the right to protest and where we draw a line in this country. I am very happy to have further conversations with her on that wider issue. Jonathan Hall set out in his letter—I can pass it on to my hon. Friend, if she has not seen it—why he does not think that this amendment will work, and that is why we are not persuaded on this occasion. I am, of course, happy to have further conversations with my hon. Friend on this.
Turning to Lords amendment 333, tabled by Baroness Buscombe, I fully agree that the Government, local authorities and law enforcement agencies need to do all they can to tackle money laundering and associated criminality on our streets. The high streets illegality taskforce, announced by my right hon. Friend the Chancellor of the Exchequer in her most recent Budget, will examine the use of enforcement powers in this light, including the closure power. It will have a £10 million budget to support its work. While we support the principle of extending the duration of closure orders, we should first consult to avoid any unintended consequences on legitimate businesses or residential premises. Accordingly, amendment (a) in lieu of Lords amendment 333 will enable us, following targeted consultation, to extend the maximum duration of closure orders and, if necessary, to make different provision for commercial and residential properties.
I know that my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn), and for Leigh and Atherton (Jo Platt), have been campaigning on high street illegality, and will no doubt speak about it later. I want to assure them and others in this place that we know that we need to go further, as we will, not just on this measure, but on the wider challenge of high street illegality. We will be very keen to work with Members in this place on that work.
Despite the current legislation, in Northern Ireland, not only individuals but Sinn Féin Government Ministers engage in acts and make speeches on an almost monthly basis that not only glorify but encourage terrorism, praise those who took place in bomb attacks on police stations and individuals, and, indeed, name play parks after those individuals. Does the Minister accept that the current legislation does not rule out the possibility of people engaging in acts of glorifying terrorism, which not only impacts the people of the past but poisons the minds of young people in the present?
I appreciate the challenge that the right hon. Gentleman is raising, and I know that DUP Members of Parliament in particular have raised these concerns before. The challenge here is that Lords amendment 357 would remove the historical safeguard for statements that glorify acts of terrorism committed by proscribed organisations. Our view is that these statements may not necessarily create terrorist risk and may result in the offence capturing legitimate political and social discourse and debate.
I will say two other things to the right hon. Gentleman. First, the independent reviewer of terrorism legislation, Jonathan Hall KC, strongly advised against the removal of the historical safeguard in his review of terrorism legislation following the 7 October attacks in 2023. Secondly, in the light of the concerns that have been raised in the Lords and by Members in this place, the Government will ask the independent reviewer to conduct a more detailed review of the encouragement offence within six months of Royal Assent.
Let me turn to Lords amendment 359. It is a long-standing principle that has been adopted by successive Administrations that the Government do not comment on which organisations are being considered for proscription. Mandating that the Government review whether to proscribe Iranian Government-related organisations would violate this principle and tie the Government’s hands unnecessarily. The Government are already taking decisive action to deter threats from Iran, and we have committed to introducing a new state threats-based proscription tool.
I turn now to Lords amendments 360 and 368 to 372 tabled by Baroness Kidron, which concern chatbots. The Government are clear that we need to act quickly to bring all unregulated AI chatbots within the scope of the Online Safety Act’s requirements on illegal activity. As I mentioned earlier, the Government are seeking to take a regulation-making power to do this, under Lords amendment 367. By taking this power, the Government will be able to remove any ambiguity over whether services like Grok are subject to the Online Safety Act’s provisions to tackle illegal content. This approach also allows us to design regulations that are effective, targeted and informed by necessary consultation with subject matter experts. Amendment (a) in lieu of Lords amendment 372 commits the Government to reporting to Parliament by the end of the year on our progress to develop regulations.
I don’t mean to bang on about this, but the fact is that the Government’s approach is too narrow. It is focused on taking down illegal content when it should be the responsibility of the company to prevent harms in the first place, rather than to deal with them after the event. We do not design any other sector’s regulation in this way. When designing aircraft, we do not wait until after the plane has crashed to worry about any of the safety features. This should be the same.
During Report stage in the Lords, peers voted overwhelmingly in support of the safety-by-design approach. They also understood that when it comes to the design of something, harm includes building in aspects that are addictive and manipulative, which have been key to some of the very tragic suicides of children who have interacted with AI chatbots. What do the Government have against building safety by design into the very purpose of AI chatbots?
The hon. Lady makes her case very clearly, and we can agree that we need to design out those kinds of issues. The challenges are in what we do and how we do it—those are the challenges we had with this particular group of amendments. Obviously there is wider work being done on violence against women and girls and how the Online Safety Act is to be rolled forward, and that work is really important, but we are talking about this particular group of Lords amendments on chatbots and the challenges with them. That is why, through amendment (a) in lieu, we commit to reporting by the end of the year on our progress to develop regulations.
We are clear that regulation is a more effective and proportionate tool than the criminal law for addressing risks from AI chatbots and setting industry best practice. Incorporating currently unregulated chatbots into the scope of the Online Safety Act will ensure that such regulation applies extraterritorially, which is crucial when dealing with international companies.
The Government’s approach is also broader in scope than the content of amendments 360 and 368 to 372. Those amendments would not capture image generators creating non-consensual graphic images of women or online AI chatbot toys such as Gabbo. The Government’s amendment in lieu does capture such services and allows them to be clearly brought under online safety regulations.
The Science, Innovation and Technology Committee has heard extensive and at times horrific evidence of the harms that AI chatbots can do, such as encouragement to suicide. I welcome Lords amendment 367, which gives the Government the power to amend the Online Safety Act, and I accept that the Government are seeking to reject amendment 368, tabled by the noble Baroness Kidron, to ban chatbots based on their content, but does the Minister accept that the harms of AI chatbots are evident, significant and hugely concerning, and that their regulation is unclear and consistent? Where chatbots are covered by the Online Safety Act, if those chatbots incorporate, for example, search functionality, enforcement is slow and ponderous or non-existent. Will the Minister commit to working with DSIT to take action on AI chatbots before the end of the year?
I welcome the work that my hon. Friend’s Committee has done and will continue to do in this space. It is very important that we have good analysis of what the problems are that we need to solve. She is absolutely right that the problems with AI chatbots are evident, significant and concerning, and that more work needs to be done in this space. If there is work that we can do sooner rather than later, I am sure that my colleagues in DSIT will do that, and I commit to working with them to do what we can as quickly as we can.
Finally, hon. Members will recall that on Report, the House decided to disapply the criminal law relating to abortion in respect of women acting in relation to their own pregnancy. Their Lordships agreed amendment 361, which would provide for automatic pardons for women previously convicted or cautioned for an abortion offence in relation to their own pregnancies and for the deletion of certain details from court and police records.
I stress that the Government remain neutral on the substance of clause 191 and Lords amendment 361, but we have a duty to ensure that the law is operationally and legally workable. Accordingly, we have tabled amendments (a) and (e) to Lords amendment 361 to ensure that the deletion of details from relevant official records can operate as intended.
Catherine Fookes
I support Lords amendment 361 because some women, even after being found not guilty, have investigations that show up on their Disclosure and Barring Service checks, which impacts their life and future careers. That is the reality for a young woman named Becca, whose case I raised in the House a year ago. She was investigated at age 19 after giving birth to her son at 28 weeks, and she says that removing the investigation from her records would help her to be able to move on and live a proper family life. Does the Minister agree that this change will help to bring justice for women like Becca?
I thank my hon. Friend for raising the challenge that Becca has faced, and I congratulate her on the work that she has done in bringing that to the House. The Government are neutral on this part of the Bill, as is right and proper. What we seek to do with our amendments is ensure that it is legally workable. That is our role in this space.
I hope that I have demonstrated that we have sought to engage constructively with the non-Government amendments carried in the Lords.
I thank my hon. Friend for raising that, as well as my hon. Friend the Member for Lowestoft, who I suspect will speak to it later. I agree that in many cases honour-based abuse is perpetrated not by a single individual but by an extended family or other group of persons. The challenge we have with the amendment is that the definition in the Bill adopts the usual legislative conventions whereby references to the singular include the plural unless otherwise indicated. Therefore, the statutory definition already applies where abuse is perpetrated by more than one person. However, we do want to develop the statutory guidance so that that is completely clear for everybody.
My hon. Friend will remember our discussion, and I hope that she can help me. Lord Macdonald of River Glaven KC was appointed to lead an independent review of laws on public order and hate crime. The review was also to consider the laws around protest, and we were hopeful that we would have that. I am not aware that the review has concluded, so perhaps my hon. Friend can tell us. If it has not concluded, why are we legislating before that?
I thank my hon. Friend, who I know feels strongly about this issue, as do many others—I very much respect that position. I met him a few months ago, when the review had just started. The review has yet to conclude, but it will do so in the coming months. The work that Lord Macdonald is undertaking is quite substantial, and I know, having received updates on what he is doing and who he is talking to, that it is wide and is taking a bit longer than expected, but that is in order to get it right.
My hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will know that the cumulative disruption amendment was announced by the Home Secretary after the Heaton Park attack. Perhaps we will come to this more in closing the debate, but I think there is a lack of understanding in some quarters—I do not mean my hon. Friend—about the nature of that amendment. To be clear, sections 12 and 14 of the Public Order Act 1986 empower senior police officers to impose conditions on processions and on public assemblies respectively. They can impose conditions only under certain criteria to prevent serious public disorder, serious damage to property or serious disruption. We are not changing sections 12 or 14. At the moment, the police can consider cumulative disruption when looking at whether a protest should have conditions imposed on it.
I 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—
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?
Let me just finish explaining what we are doing and then I will come on to picketing.
If there is a risk of serious public disorder, senior police officers can impose conditions. At the moment, they can consider cumulative disruption as one of the aspects they take into account when deciding whether to impose conditions. To be clear, imposing conditions means things like moving where a march is going, limiting the hours that it can work under or limiting the number of people. They can already take into account cumulative disruption, but we are changing that so that they must take that into account—they must think about it. That does not change the guardrails of sections 12 and 14 of the Public Order Act; it just says that at the moment they can consider cumulative disruption, but in future they will consider it. That is the amendment.
On this Government’s belief in the right to strike and to protest, of course that is sacrosanct and nothing has changed in our view on that. We do not believe that this legislation will stop the right to picket. I know that lots of Members will have views on that and will not be satisfied, but we will always defend the right to strike, and we have absolutely no desire to infringe lawful picketing at all.
Is the Minister aware of the deep alarm, both on the Back Benches and outside Parliament, at what amounts to a further draconian attack by the Government on the right to peaceful protest, which is a civil liberty, and about the fact that the Government are trying to push the measure through without a proper vote for MPs, as they did when they made the huge error of proscribing Palestine Action?
I do not agree with my hon. Friend. This was announced by the Home Secretary after the Heaton Park attack, when lots of protests took place immediately after the attack. The cumulative disruption and the impact that had was there for all to see. We have no desire to reduce people’s right to protest, and nor would we ever. There is a lot of misinformation about this change in the law, implying that we are in some way increasing the bans on protest. To be clear, the rules on banning protests are very strong, and bans can be introduced only in very significant circumstances. Indeed, we have no rules to ban assembly, so the idea that we are banning protest is just wrong.
We are responding to communities who have recently been feeling the pain of repeated protests, sometimes outside faith organisations—synagogues, in particular. In those cases, we believe that the police should look at the impact of cumulative disruption when they, and not the Government, are deciding whether to impose conditions on those marches.
Many of us recognise the picture of pain that the Minister is painting, especially following the terrorist attack, but good legislation requires debate, scrutiny and specification. One of the concerns that many of us have is the lack of definition of “cumulative”. Will she set out now, on the record, what the Government intend by the concept of “cumulative”, so that people can understand how this proposed test would be met?
I am pleased that we are debating this issue today, which is what we should be doing here, and I am sure that hon. Members will be talking about it more in the several hours that we have to debate these issues. This already exists in law, in that the police are able to look at cumulative disruption when considering whether to impose conditions. We are not redefining “cumulative” at all, or changing the parameters of sections 12 and 14 of the Public Order Act; we are simply saying that when the police are looking at whether to impose conditions, they must look—rather than they can look—at cumulative disruption. That is a small change that will make a big difference to people who are currently scared and intimidated by persistent protests, outside mosques and Jewish places of worship in particular.
Madam Deputy Speaker, I should conclude. I hope that I have demonstrated that we have sought to engage constructively. As I have said, I urge the House to support all the changes that we are suggesting together today with the Government amendments brought from the Lords.
I thank colleagues in the other place for the work that they have done on strengthening this Bill. The changes made there go some way towards what we should all be aiming for: safer communities, stronger laws and real protections for the public. In Committee, we saw the Government repeatedly reject important amendments from Opposition Members, on fly-tipping, pornography and increasing sentences for knife crime. The Bill could also have provided a real opportunity to tackle the scourge of off-road bikes, to support this country’s tradesmen with real action on tool theft, and to remove yet more knives from our streets by increasing stop and search. Although the Government failed to take up some of those opportunities, I am delighted to see that they have U-turned on some of the measures that Labour MPs previously voted against. That might be a familiar pattern, but it is still right to welcome the fact that they have recognised the value of some of those proposals.
On fly-tipping, for example, giving courts the power to issue penalty points to offenders is a straightforward, common-sense step. If someone uses a vehicle to dump waste and blight our communities, it is entirely right that their ability to drive should be affected. Likewise, even though I would have liked the Government to accept the more significant penalty proposed in Lords amendment 15, it is a welcome step that they have recognised the seriousness of the crime when there is an additional element of intent to use unlawful violence, which rightly should have a greater penalty when compared with possession-only offences. It is right that these measures have progressed, even though a great deal of unfortunate wrangling and rejection occurred before they were incorporated into the Bill.
On that note, I will turn to the proposals that the Government have chosen not to accept from our colleagues across the way. I ask Members of this House to give serious consideration to measures that enhance the powers of the police forces and improve their ability to keep our communities safe. For instance, as I have mentioned, Members do not need to be reminded of the scourge of fly-tipping, as we all recognise the adverse impact it can have on our neighbourhoods. On Sunday I saw an appalling incident in my constituency. A huge volume of waste had been dumped near Sadberge, with appalling consequences for our environment, for wildlife and for anybody who wants to enjoy the countryside.
Amendment 6 would ensure that the guidance issued on the enforcement of offences under section 33 makes it clear that, when a person is convicted of a relevant offence, they will be liable for the costs incurred through loss or damage resulting from that offence. As the Government are already setting out guidance in the legislation, why would they not ensure that this guidance was unequivocal that when a person is convicted of fly-tipping, they—not the victims—are responsible for the costs incurred as a result of their offence? Furthermore, amendment 11 would further enable the police to seize vehicles.
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.
The Chartered Trading Standards Institute and many of the agencies responsible for dealing with this issue talk about the need to extend—or potentially extend, depending on how tonight goes—not only orders, but notices. That is the 48-hour window, or seven days if we go with this amendment, so that papers can be put in place and the dodgy shops, as the Minister put it, do not have the ability to reopen before the order can be put in place. This does not seem to appear in the amendment in lieu. Will she be looking at notices, as well as orders?
We are already, on the face of the Bill, extending the time to up to 72 hours. The point of the notice is to enable the time to get to court and apply for a closure. We are providing the extra time to do just that. We are also extending the powers to registered social landlords, so that they can also be part of that. We are already taking action. Of course, we will always keep these things under review. We will always consider what is said to us—even from the Opposition Front Benches—but the amendment today deals just with closure orders, and we have committed to consult on that.
The alternative Lords amendment—the pushback from the Lords—relates to notices and orders. The reason there is a problem with the 72 hours for notices is that, because of court sittings and how that all falls, we end up not getting the order in place, and these shops, which the agencies have jumped through the hoops to close down, get to reopen. I do not think the Chartered Trading Standards Institute or many of the agencies dealing with that would agree with the 72 hours. I ask the Minister to go further still and to perhaps look at the seven days being put forward by the Lords.
Through our taskforce, which is funded with £30 million, we will look at a whole range of opportunities on what we can do. I say gently to the hon. Gentleman that the reason we have a situation where people are money laundering and using illegal shops in many different ways on our high streets is because the previous Government failed to do anything about this growing problem, but we have introduced money and action to tackle it. We will also be tackling the huge challenge we have with our high streets more widely, which was left to us by the previous Government, by introducing a high streets strategy, which we will bring out in the summer.
We are also dealing with the fact that neighbourhood policing collapsed under the previous Government, which has meant that the epidemic of everyday crime is not being tackled as it should be—
I will not give way again on this point. We have already delivered 3,000 additional officers and police community support officers on to our streets and into our neighbourhoods—an 18% increase in neighbourhood policing since we came to power.
Does the Minister not accept, however, that when the Conservatives left government, we left 3,000 more police officers in post than when we came into government?
I do not know how many times we have to rehearse this: the previous Government cut police numbers by 20,000 and decimated neighbourhood policing. They then had a sudden change of heart and said that they would replace those 20,000 police officers, who were recruited with such haste that several forces, including the Met, have sadly—
I am just in the middle of a sentence. Several forces have sadly recruited people without the proper vetting processes that should have happened. By the time the previous Government left office, they had recruited the 20,000, but how many of them are sitting behind desks? Twelve-thousand of them are. If the right hon. Lady thinks that is where those officers should be, that is fine, but we believe that our officers should be in our neighbourhoods, which is what we are ensuring.
We are also getting rid of the burden of bureaucracy, built up under the previous Government, that wastes so much police time. In the next couple of years we will free up the equivalent of 3,000 full-time police officers just through use of new technology, AI and new processes will bring this ancient system, which lots of police officers are still working under, into the modern age.
The hon. Lady seems to have missed my point completely, even though it was quite simple. Does she not accept that when the Conservatives left office, there were 3,000 more police officers than when we took office? Does she not also accept that her Government and her police and crime commissioners, such as Simon Foster, are actually cutting police stations as well as officer numbers?
I accept that there were more officers—not by population, but in terms of actual numbers—when the Conservatives left office than when they took office. [Interruption.] But let me ask the House about something else that happened: by how much did shoplifting rise in the last two years of the Conservative Government? It rose by 60%—
The rise is much slower and the charge rate has gone up by 21%. Clearly, action is more important than numbers, and this Government are taking action. That is why, for example, the shoplifting charge rate has increased by 21%.
Many Members have spoken about fly-tipping. I absolutely accept the strength of feeling on fly-tipping. I think it is repulsive, and most of our communities are affected by it. Whether it is the large fly-tipping in our rural communities that is driven by serious organised crime or the everyday fly-tipping that we see in our cities, we need to do more to tackle it. The Government have published the waste crime action plan, which will make a substantial difference to how we approach waste crime, including the Government paying for the removal of the most egregious sites. In parts of the country we have seen reports in the press of huge waste sites.
We are also committed to forcing fly-tippers to clean up their mess. Under this Bill, people who use their vehicle to fly-tip will potentially get nine points on their licence. That goes further than what the Opposition had previously suggested. So we are acting, as we should. We did not agree with the Lords amendment that proposed that local authorities should have to clear all sites, including private sites, because of the very significant costs that would be required to undertake that. We do not think that can be put on to local authorities just like that. But I assure hon. Members across the House that we are taking significant action on fly-tipping and we will continue to do so.
Can the Minister tell me why the Government are opposing the Lords amendment that would allow police officers to seize the vehicles of the vile criminals who fly-tip in communities across the country?
There are already powers for the seizure of vehicles, and that is already happening, including in my area. Vehicles can be seized and crushed, and I think we should be doing more of that, not less, when it comes to antisocial behaviour.
I pay tribute to my hon. Friend the Member for Gower (Tonia Antoniazzi), who spoke about Lords amendment 361 and our amendment to make it legally sound. As I said, the Government do not have a view on this, because it is an issue to do with abortion, and it would not be correct to take a view on that. She asked when it would come into effect, and I can tell her that it will apply as soon as the Bill receives Royal Assent. Obviously, decisions on particular cases up until that point are for local police, but I heard what my hon. Friend said.
I want to touch on the comments from my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) about aggravated offences. Building on what I said to the Opposition spokesperson—
Yes, he is a shadow Minister—I am very happy to give him his correct title.
Britain is a country that will not tolerate hate, as my hon. Friend the Member for North Warwickshire and Bedworth said. She spoke about aggravated offences relating to disability, trans and sex, and bringing those into line with the existing aggravated offences. That will support victims, and not just in terms of potential sentencing and justice; it will mean that victims can access more support, which I very much welcome, and I am glad that she does too.
Turning to the right hon. Member for East Antrim (Sammy Wilson) and the issue of the glorification of terrorism—oh, I see he is not in his place; I will come back to that issue.
My hon. Friend the Member for Lowestoft (Jess Asato) has been doing so much work on a number of different areas, not least all of the Lords amendments that relate to porn. She gave a really powerful speech about how pain for women is increasingly perceived as equalling pleasure for men, and she spoke of the need to tackle that in many different ways, because sexualised violence online can become violence in real life. I am glad that she welcomed the step-incest amendments, which are absolutely right, as well as those on people trying to look like children, which she called “barely legal content”. I heard her message about proactively verifying age and consent and about bringing in the timetable to deliver that as soon as we can.
My hon. Friend also talked about honour-based abuse. We understand and agree with her, as well as other hon. Members who raised the importance of realising that often it is not a single crime but involves a whole group of people. We need to ensure that is clear in all the training done on identifying and responding to this form of abuse. Therefore, alongside the statutory guidance, we are developing additional free learning modules for professionals who work with victims and perpetrators of honour-based abuse. That includes a general module as well as dedicated modules on multi-agency responses. Together, those modules will strengthen statutory professionals’ ability to recognise the signs and to manage cases appropriately and safely in practice. I hope that is reassuring to my hon. Friend.
I turn to Lords amendment 312, which many hon. Members spoke to. There are a number of things to say on our cumulative disruption amendment. First, I thank my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), who talked powerfully about his position, which I respect. I agree that protest and the right to protest is part of the lifeblood of the Labour movement, and that progress is rarely—if ever—handed down without first having been campaigned for. I understand his concern, and the concern of everyone in the House, that we balance the right to protest with the impact of protest. We have had many debates on that in this place over the past few years.
The Home Secretary asked Lord Macdonald to review public order legislation and hate crime legislation, because we have had lots of different pieces of legislation and there is a need to take a holistic look at that to see whether it is right. Lord Macdonald has not reported yet; he will do so within a few months, and we very much look forward to what he has to say. I hope that when he does report we can consider his recommendations in this place and discuss all his findings together.
I am grateful to the Minister for giving way. Given what she has just said, would it not have been wiser to await the outcome of the review, so that we could have seen Lord Macdonald’s view of the entire scene before taking yet further legislative measures that will move the dial even further? Would that not have been the right course of action?
I completely understand my hon. Friend’s point, which we have discussed before. As he knows, the announcement that the amendment would be made was given by the Home Secretary after the Heaton Park attack and the protest that followed. It has not come from nowhere; it has been debated and suggested by policing colleagues for some time. The Government’s view was that this Bill is a vehicle we could use to introduce this legislation, and that we should take the opportunity to do so. I know that he disagrees with that decision, but we made it because we feel this is a necessary step, given the situation in which we find ourselves.
I want to be really clear again about what the amendment does and does not do. Marches can only be banned in very, very specific circumstances, as happened with the al-Quds march recently—the first time a march had been banned since 2012. The amendment will make no difference to that whatsoever. It will make no difference to what march can and cannot be banned. An assembly cannot be banned at all, as there is no legislative basis for that, so again, the amendment will make no difference at all.
It already is the case, and it has been since 1986 when the Public Order Act was introduced, that the police can consider cumulative disruption when they look at imposing conditions on a protest. A condition could be the time that the protest is allowed to take place, the route that the protest can go down or the number of people allowed on that protest. Since 1986, the police have had the ability to consider cumulative disruption when they look at whether they should impose conditions. The amendment means that they have to look at and consider the impact of cumulative disruption when they look at imposing conditions.
I note what the Minister has just said—she said the same to our hon. Friend the Member for Walthamstow (Ms Creasy)—that she derives the assessment of cumulative disruption from the Public Order Act 1986, in that the police must, rather than can, consider cumulative disruption. However, the definition of “cumulative” does not exist in the law as it stands; indeed, the bulk of the text of amendment 312 creates a definition of “cumulative disruption”. Will the Minister clarify where else in the law does that definition already exist, because it is not in the Public Order Act?
My point was that the basis of cumulative disruption has been in the law from the Public Order Act 1986. In terms of the definition, the police use their discretion on the definition—that is absolutely the case—and they have done so since 1986, when they were able to consider that.
I will say a couple of things on that basis. The police have to balance the rights of freedom of assembly and speech that are enshrined in the European convention on human rights—they have to do that. When they are considering what they do with protests, they have to balance and consider those rights, and if they are going to impose conditions, that has to be done under specific areas, which might be serious public disorder, serious damage to property or serious disruption to the life of the community. When and if this Bill is passed and we move forward, I will commit to working with the College of Policing and the National Police Chiefs’ Council to make sure that the guidance is as clear as it can be. However, the definition of cumulative disruption is just its natural meaning, and the police have had that power since 1986.
Just on that, if she is going to consult with the College of Policing and others, where is the role for this House to have its voice in that discussion? There are many people here who would like to positively input into that discussion.
The role of this House is to debate, which is exactly what we are doing now. I listened, for example, to my right hon. Friend the Member for Hayes and Harlington (John McDonnell), who talked about his experience with the Metropolitan police in recent times and his sense that he had lost confidence with the way that they were making decisions on protests. I hear all those things and am happy to have more conversations. I am sure that the police would be happy to as well.
I will just say—this does not have an impact on anything that I think about what the law should be on protests—that there has been a 600% increase in the number of protests over the last couple of years. There has been a huge increase in the number of people protesting and the physical ability of the police to just deal with that in terms of resources is not insubstantial. They spend a huge amount of time on this, as we all know, and our neighbourhood officers are often abstracted. That is right and proper—I am not suggesting otherwise—but it is a challenge for the police, particularly in the big urban parts of our country, to have to manage the impact of these protests.
To repeat, the cumulative disruption amendment does not change the guardrails of the powers to impose conditions. It does not change anything about the need to balance the right to protest in the European convention on human rights with the Public Order Act. None of those things will change. What is changing is that we are saying that the police will consider cumulative disruption, rather than that they can consider cumulative disruption.
I think it would be really helpful if the Minister brought the guidance before the House at some stage, once it is completed, so that we could have some clarity about it. There will be protests in the future. A third runway at Heathrow has been threatened again, and there will be a cumulative impact of protests in my constituency. I want to know if I will have to hand myself in at some point in time as a result of that.
I cannot tell whether my right hon. Friend will have to hand himself in at some point in time. I think probably not, but I can remember debating that particular issue when the previous Prime Minister, Boris Johnson, said that he was going to lie down in front of bulldozers. We have debated these issues on protests many, many times. Guidance does not normally come to this House for approval. That would not be appropriate. I need to stress that the police take the definition as it is, in terms of its natural meaning, but I take the point. The point is that we need to ensure that we get these things right, and I will work with the College of Policing and the National Police Chiefs’ Council on getting this right. I would also ask the House that, when Lord Macdonald has looked at this plethora of emerging legislation, we should consider that and look at what he recommends. Of course, if he recommends that we accept changes to the law, we will debate those things in the proper way in this House if we introduce that legislation.
Chris Hinchliff
Can I just seek clarity from the Minister? If Lord Macdonald comes forward with recommendations to go back in the opposite direction, will the Government then consider those and remove the restrictions they are currently proposing?
We do not know what Lord Macdonald is going to recommend. He has terms of reference that we have agreed, which are to look at public order legislation and hate crime legislation and to consider whether it is fit for purpose or whether it needs amending. Of course, we will consider carefully whatever he brings forward and we will act according to what we think is right. He is a man of great note who has done a lot of things in his past—he is a former Director of Public Prosecutions—and we will of course listen to whatever he says.
Max Wilkinson
The Minister seems to be arguing that there is not very much to see here, and that the difference is between “can” and “must”. Is there evidence that when police are having problems policing protests at the moment, they are not assessing the cumulative impact and the problems that that causes?
Yes, and that is why we are introducing this amendment; we want to provide clarity that it should be considered. We have a community—in particular, the Jewish community—who are suffering and afraid, and they have spoken to us and to many people many times about the impact of cumulative protests outside places of worship and other places. We are responding to that. This is one change in the grand scheme of public order legislation, but it is a very important one for that community.
Max Wilkinson
I thank the Minister for being generous with her time. Earlier, she said that the right to protest was sacrosanct in this country. My understanding of the definition of “sacrosanct” is that it describes something that is too important to be trifled with. In making this argument, the Government are suggesting that the right to protest should be trifled with, and that the police must do more to restrict the right to protest, aren’t they?
This Government believe in the fundamental right to protest. We will never change our view on that. It does have to be balanced with the responsibility to look after our communities. This Government are seeking to get that balance right. We are making a change to the cumulative disruption legislation through this Bill, which we brought forward in the Lords, and several Members asked about that. Of course, normally legislation is introduced here, but amendments are introduced in the Lords by Government and have been by this Government—it is not uncommon. We have had an opportunity to debate the issue today, and I have listened carefully to all the speeches that hon. Members have made.
I thank the Minister for giving way once again. Because it is Lords amendments, I want to get full clarity on the definition of cumulative. She mentioned the natural definition of cumulative. If I may borrow the example given by my right hon. Friend the Member for Hayes and Harlington (John McDonnell), who actually was interviewed under caution for laying flowers for dead children just over a year ago, would it be seen as unnatural or natural if he were to lay down in front of Heathrow runway? What would happen? Is it the expectation that the police would determine what is cumulative, as the Minister said it would be the natural definition?
As I have said, the police have had the power to consider cumulative disruption since 1986. If right-wing protesters were protesting every day outside a mosque, that would be my definition of cumulative disruption. The police balance every day the powers they are given from the laws we pass. We are increasing the training that our public order police officers get. We are ensuring that they have access to the right training and resources because that was a problem identified under the previous Government. We are trying to clarify through this piece of legislation that cumulative disruption is an important factor and should be considered when the police consider whether to impose restrictions on protesters. To repeat, we are not banning protests; it is about the imposition of restrictions, and that is all.
The other place has properly asked this elected House to think again about a number of issues. Let us send a clear message back to their lordships: we have listened and agreed a number of further changes to the Bill, but after some 14 months of debate, it is now time for this Bill to complete its passage, so we can get on with the task of implementing the Bill and making all our communities safer.
Amendment (a) made to Lords amendment 263.
Amendments (b) to (g) made to Lords amendment 263.
Lords amendment 263, as amended, agreed to.
Amendments (a) to (e) made to Lords amendment 361.
Lords amendment 361, as amended, agreed to, with Commons financial privileges waived.
Clause 4
Fixed penalty notices
Motion made, and Question put, That this House disagrees with Lords amendment 2.—(Sarah Jones.)