Crime and Policing Bill

Debate between Sarah Jones and Apsana Begum

Consideration of Lords amendments
Tuesday 14th April 2026 Commons Chamber

[Sarah Jones]

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.

[Apsana Begum]

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?

[Sarah Jones]

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.

--- Later in debate ---

[Sarah Jones]

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.

[Apsana Begum]

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?