Victoria Atkins
MP for Louth and Horncastle · Conservative · United Kingdom
“Oh dear. This may be the last time the Secretary of State gets to give such an inadequate answer to what is a reasonable question about her grip on her Department. But let us look at Labour’s wider chaos.”
“In recent weeks, DEFRA’s quangos have made headlines: the Environment Agency is failing to prosecute waste criminals, instead going after virtuous volunteers who are cleaning up the rivers for it; Natural England is demanding more madcap fish schemes at Hinkley Point C, on top of its recommended £700 million fish disco policy, all of whic…”
“There are many questions still left unanswered in this report, and I hope that the Secretary of State will try to answer them rather than deflect, because that has been noticed. The plan looks to double the funding for Environment Agency inspections. Why are this Government focusing on bureaucracy rather than helping farmers survive?”
“In another leap from reality, the Government’s negotiations with the EU get barely a mention in this document, despite the enormous consequences they will have for farming businesses. CropLife UK has estimated that this EU reset could drain £810 million from UK farms and sacrifice almost 9,000 jobs from our rural constituencies.”
“We Conservatives view DEFRA as a vital economic Department, so we agree with its efforts to recalculate farming and food producers’ contributions to the economy. By the way, I note that Reform calls itself the farmer’s friend, yet there is not a single Reform MP in the Chamber.”
“As Labour MPs and Ministers in the Department for Environment, Food and Rural Affairs voted repeatedly for the family farm and family business taxes, DEFRA Ministers shut down farming payments without notice, including the SFI. Sadly, the record of this Government is rising food prices and a record number of farms closing.”
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“Let me make a genuine effort to help Her Majesty’s official Opposition. They are surely not saying that death threats are an acceptable form of protest. Death threats are terrifying for those who are victims. Indeed, I would say they impede democracy in this country precisely because people worry about the threats to their personal safety. I just want to clarify.”
“That is a misunderstanding and I am very keen to clarify it.”
“Members about attending protests, particularly that of the hon. Member for Stockton, North, who I think is claiming credit for a Prime Minister standing down because he went out protesting—perhaps I am being mischievous. In a mischievous tone, I also note that nobody has yet mentioned the Iraq protests and how those massive protests did not change the course set by the Government who were then in power. The first misunderstanding that I want to clear up—first and foremost—is that this Bill is not about banning peaceful protest, and nor can the measures within it enable the police, or indeed the Home Secretary, to ban peaceful protest. Nothing in the Bill does that. I state that clearly and proudly on the record, so that people listening to this debate from outside this Committee Room understand that that is simply not the case.”
“As part of that social contract, there are constraints both on citizens—we are expected, as members of this society, to observe and abide by the rule of law—and on the state. That is why, for example, we have this process in Parliament, and not just in relation to this piece of legislation; it is for every single piece of legislation introduced by any Government of any colour. We have measures such as the European convention on human rights, an incredibly important document whose influence runs throughout this part of the Bill and other relevant parts. I say this because I very much want to approach this discussion with a constructive tone, to try to clear up some of the misunderstandings that have emerged about what the Bill encompasses. I have enjoyed hearing some of the recollections of hon.”
“I also very much welcome the constructive views that have been put forward by Opposition Members in relation to this part of the Bill, because it goes without saying, of course, that it is our job as a Public Bill Committee to do this. It also demonstrates the important role that this place plays in scrutinising legislation and holding the Executive to account. I note that there are some misunderstandings about what the Bill entails, and I very much welcome the opportunity to correct some of those, in a way that I hope and expect will reassure Committee members. Hon. Members have made very fair points about the right to peaceful protest being part of living in a democracy, and part of the social contract between the state and citizens.”
“It is, as always, a pleasure to serve under your chairmanship, Mr McCabe. It is a pleasure to appear opposite the hon. Member for Enfield, Southgate. He did a fine job in the temporary absence of the hon. Member for Croydon Central. I welcome this debate because it is only in a Public Bill Committee that we get the chance to scrutinise a piece of legislation line by line, word by word, as has been amply demonstrated this morning. Second Reading is important, of course, but it simply does not provide the time for this sort of back and forth about the Government’s intentions behind each line of legislation, and indeed the intended consequences, so I genuinely welcome this approach..”
“Indeed, anyone making such allegations should be mindful of the fact that, of course, as with any other criminal offence, the standard and burden of proof remains the same: namely, that it is for the Crown to prove the case beyond reasonable doubt. Those fundamentals of our criminal justice system remain throughout this process.”
“My hon. Friend makes a very important point. There is a responsibility on all of us in the language we use. I know that in the heat of debate and the joy of advocacy, one can sometimes get a little bit carried away. But I am really keen that in this Committee we understand that the Bill is not about banning peaceful protest, particularly because of the unrest that we have seen in some parts of the country, which I will come on to in a moment. Another perhaps colourful piece of advocacy that seems to have crept into the debate this morning is that the Bill is somehow about imprisoning more people. That is simply not correct.”
“It does. I will come to that, if I may, but there is a difference between increasing the maximum and doing this, as some have claimed—I accept that it is in the heat of debate—in order to put more people in prison. That is not the intention.”
“Member for Rotherham rightly challenged me about this being London-centric, and a smile came to my lips because I was thinking, “We can never assume that the sorts of protests we see in central London will not happen elsewhere in the country.” Indeed, the great city of Bristol has in recent months seen for itself, through the so-called “Kill the Bill” protests, which apparently aim to bring this piece of legislation to a halt, the impact that protest can have on police officers, who are trying to do their job in balancing the rights of protestors and safeguarding the social contract to which I have referred.”
“In fairness to the Opposition, I know that they agree with that, because in the wake of the blockade of printing presses last year, the Leader of the Opposition said: “The tactics and action of Extinction Rebellion, particularly blockading newspapers, was just wrong in my view and counterproductive.” As the hon. Member for Garston and Halewood eloquently described, there is this grey, messy area in which we try to address that balance of competing rights between protestors and people who are not joining in the protests but may be affected by them. We know, however, sadly, that not every protest is peaceful. I would like to take a moment to reflect on the danger in which police officers can find themselves when they are policing a protest that goes wrong. In recent months, we have seen protests outside London. The hon.”
“We know, sadly, that in recent years some of the tactics used in the course of protests have chipped away at that balance. For example, some protestors delayed an ambulance reaching an A&E ward, putting lives at risk. Some protestors disrupted the transport system during rush hour, delaying hundreds of hard-working people. Interestingly—this is where we see the real tension between competing rights—some protestors have blockaded printing presses, thereby disrupting the freedom of the press, which I am sure we all acknowledge is a fundamental right. We have been talking about protests with which we may not agree, and I am sure we are all familiar with newspaper articles or depictions in the media with which we may not agree, but it is the right of the free media in our country to report in accordance with that freedom and independence.”
“To refer again to the European convention on human rights, the Lord Chancellor—as any Secretary of State must—has signed a statement to the effect that, in his view, all the provisions in the Bill are compatible with the rights under the convention. The Bill is about updating the Public Order Act 1986, which is some 35 years old, by enabling the police to impose conditions in careful sets of circumstances as set out in the Bill, which we are scrutinising. We all stand up and share the value of free speech and freedom of assembly. However, under articles 10 and 11 of the convention, those are not absolute rights, as the hon. Member for Garston and Halewood fairly agreed. There is a balancing act between the rights and freedoms of protestors and of those who are not joining in the protest.”
“Again—forgive me; I am tackling this as if I were prosecuting. The hon. Gentleman is making several leaps of assumptions before he arrives at that destination. I will go through the clause in great detail and lead him through it so that he understands the checks and balances in the legislation. There is an extraordinary leap in his assertion, which I hope to answer in due course. Peaceful protest is absolutely fundamental to a free society. The right to peaceful protest will not be, and will never be, in question by this Government. The measures in part 3 of the Bill will not suppress the right to protest.”
“It would appear that there are some for whom the current legislation goes too far, yet we hear of instances such as the “Kill the Bill” protests where very significant harm has been done to police officers. Hon. Members will be able to draw on their own memories of other protests that have resulted in police officers being very badly injured and hurt by the protests of a minority. It shows, again, the need for a balance.”
“What I am pretty clear about is that section 12 does not need to be widened.” –– [ Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 76, Q109.] Then I asked whether that meant the Public Order Act went too far for his liking. He replied: “Well, potentially. The proof is often in the pudding. It depends on how the police use it and whether they are using it effectively.”––[ Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 76, Q110.] I agree wholeheartedly with his summation that it is about how the police employ the powers, but we need to just have in mind the range of views that have been expressed by witnesses giving evidence to the Bill Committee, whether in writing or orally.”
“They would. The hon. Lady may remember that I questioned Mr Wagner about his interpretation of the Public Order Act. We acknowledge, and I think the police have said, how dynamic a public protest can be; it changes very quickly and they have to make decisions very quickly, on the ground. I asked Mr Wagner, because I was slightly concerned about some of the evidence he had given earlier: “Do you accept that the Public Order Act 1986 is a piece of legislation that has stood the test of time and should remain in law?” He said: “I think I would be neutral on that. It is a very wide piece of legislation. Every time I read it, I am pretty surprised at how wide it is already.”
“The role of social media in getting the message out, and protests being organised at very short notice, means that it can be difficult for police officers to identify to whom they should be speaking when it comes to how these protests or gatherings are policed and managed. The hon. Member for Enfield, Southgate mentioned Pride. I would not call Pride a protest, although it may have had its roots in protest. I hope we now see it as a glorious celebration enjoyed, from the photographs I have seen in newspapers, by the police as much as by other people in attendance. That is an example of a gathering where the organisers are very clear, and they work extremely well with the police to ensure that the procession, the celebration, is enjoyed by all and is safe for all.”
“The hon. Lady has summarised the very great responsibilities borne by senior officers in charge of protests. Of course protest should not be banned—I said at the beginning that that is not what the Bill is about—but the point does show the very fine judgments that senior police officers have to make in the moment of the protest. Where there are organisers, they will have been able to have discussions beforehand, but where protests spring up on social media and it is not clear who the organisers are, police officers are having to make decisions on the ground very quickly. I am asked what has changed in the 35 years since the Public Order Act came into force.”
“Friend the Member for Scarborough and Whitby might have wished that conditions were imposed in other protests, but we foresee the legislation being deployed rarely and very carefully.”
“Again, the misunderstanding might have arisen that the measures will apply to every single protest that ever takes place, which is not the case. In his oral evidence to the Joint Committee on Human Rights on 28 April this year, Chief Constable Harrington said that between 21 January and 21 April this year, more than 2,500 protests were reported to the National Police Chiefs’ Council, and of those 2,500 protests, conditions were imposed on 12. As I develop my argument and talk about these powers being used very carefully by the police, and about the checks and balances within the legislation, I point to how rarely the conditions are imposed in the range of protests that go ahead. Indeed, my right hon.”
“That is one of the things addressed by the Bill’s clauses. If I may, I will go methodically through the examination of the clauses. There is a reason why we are trying to draw consistency between processions and assemblies. In 1986, the distinction between the two might have been very clear, but we heard evidence from the police that nowadays a protest can become an assembly and an assembly can become a protest. They change, so we are trying to bring consistency between the two forms of gathering, irrespective of the mobility of the participants, so that we have clarity of law as to what applies to participants when they gather together. At this stage in my submission, I am going to introduce some context.”
“To set the context, the recent report on the policing of protests, produced by Her Majesty’s inspectorate of constabulary and fire and rescue services, found that the balance between protesters’ rights and the rights of local residents and businesses, and those who hold opposing views, leans in favour of the protesters and that a modest reset of the scales is needed. Again, this is the messy, grey area that the hon. Member for Garston and Halewood referred to. As with all existing public order legislation, we are making use of the new powers. The police will continue to be required to demonstrate that their use is necessary and proportionate and compliant with the Human Rights Act.”
“Again, this comes to the checks and balances in the clauses that I will go through in detail. It will be for the officer to make decisions, either on the ground or ahead of the procession, but there have been instances where the police do not have the confidence under the current legislation to impose conditions in relation to noise specifically. When one hears about the problems that residents and others in the vicinity of the noise experience, one can see why they would wish that conditions were imposed. As I say, I will go into more detail in a moment.”
“These same clauses will also confer on the Home Secretary the power, through secondary legislation, to define the meaning of “serious disruption to the life of the community” and “serious disruption to the activities of an organisation which are carried out in the vicinity of a public procession”, assembly or single-person protest.”
“Clause 55 will widen the range of conditions that the police can impose on public assemblies, to match existing powers to impose conditions on public processions. Clause 56 will prevent protesters from exploiting a loophole to evade conviction should they breach conditions at a protest and will increase sentences for such offences. Clauses 54, 55 and 60 will enable the police to impose conditions on a public procession, public assembly or single-person protest where noise may have a significant impact on those in the vicinity or may result in serious disruption to the activities of an organisation.”
“I now turn to the detail of clauses 54, 55, 56 and 60, which all relate to the conditions that the police can place on public processions, public assemblies and, by virtue of clause 60, single-person protests. The police are able to place conditions on planned or ongoing protests to prevent serious public disorder, serious damage to property or serious disruption to the life of the community. Conditions may also be imposed on a protest if the purpose of the person organising it is the intimidation of others in order to compel them to do or not to do an act that they have the right to do or not to do. The four clauses will ensure that the police are better placed to prevent protests that cause those harms. They will achieve that in the following ways.”
“The practical challenges of safely policing a protest are not necessarily greater in the case of processions than in the case of assemblies, so this would not justify making a wider range of conditions available for processions than for assemblies.” It is clear that the challenges of safely policing a protest are not necessarily greater for processions than they are for assemblies. The clause will therefore enable the police to impose conditions such as start times on public assemblies, and prevent excessive noise levels.”
“I cannot add to what I said earlier. These are all reserved matters. I move on to public assemblies. I will explain why it is necessary for the police to be able to place the same conditions on public assemblies as they can on public processions. The case for the changes in clause 55 was made by Her Majesty’s inspector Matt Parr in his report on policing protest, published in March. The report included the following observation: “there have been some conspicuously disruptive protests in recent years, both static (assemblies) and moving (processions). Protests are fluid, and it is not always possible to make this distinction. Some begin as assemblies and become processions, and vice versa.”
“Organisers of public processions and assemblies who go on to breach conditions placed by the police, as well as individuals who incite others to breach conditions, will see maximum custodial sentences increase from three to six months. Others who breach conditions will see maximum penalties increase from level 3 to level 4 on the standard scale, which are respectively set at £1,000 and £2,500.”
“This particular proposal was examined by the policing inspectorate and it is again worth quoting from its report in March. It said: “Our view is that the fault element in sections 12(4) and (5) and sections 14(4) and (5) of the Public Order Act 1986 is currently set too high. The loophole in the current law could be closed with a slight shift in the legal test that is applied to whether protesters should have known about the conditions imposed on them. On balance, we see no good reason not to close this loophole.” The clause will also increase the maximum penalties for offences under sections 12 and 14 of the Public Order Act 1986. Due to the increasingly disruptive tactics used by protesters, existing sentences are no longer proportionate to the harm that can be caused.”
“Clause 56 will change the threshold for the offence to include where a protester ought to have known of the conditions imposed, closing the loophole in the current law. That is a commonly used fault element in criminal law—indeed, I note that the hon. Members for Stockton North and for Rotherham use it in new clause 23, which provides for a new street harassment offence. The police will continue to ensure that protesters are made aware of the conditions, as they currently do. The onus on the prosecution would change from having to show that an individual was fully aware of conditions, to showing that the police took all reasonable steps to notify them. As I said earlier, the standards and burdens of proof apply, as they do in any other criminal case: it is for the Crown to prove the case beyond reasonable doubt.”
“When the police impose conditions on a protest to prevent serious public disorder, serious damage to property or serious disruption to the life of the community, they ensure that protesters are made aware of those conditions through various means. Those can include communicating with protesters via loudspeakers or handing out written leaflets. Some protesters take active measures, such as covering their ears and tearing up leaflets without reading them, to ensure that they are not aware—or to complain that they were not aware—of the conditions being placed. Should they go on to breach the conditions, they will avoid conviction as, under current law, an offence is committed only if a protester knowingly fails to comply with the condition.”
“In his evidence, Chief Constable Harrington said words to this effect—my apologies to Hansard : “We asked for consistency between processions and assembly, which this Bill does.” The police will impose those conditions only where they are necessary and proportionate, complying with their obligations under the Human Rights Act 1998. In fairness, Chief Constable Harrington set out the care and training that the police receive to ensure that they can carry out their obligations carefully. Clause 56 closes the loophole in the offence of failing to comply with a condition attached to a procession or assembly.”
“Very much so. This is about ensuring that the rights that we have spoken about so far are protected, and that the integral balance of the social contract is maintained. My right hon. Friend is absolutely right. The police already have the power to impose any necessary conditions on marches. If it is acceptable for the police to impose any such conditions on processions, as they have been able to do since the 1930s, it is difficult to see the basis for the Opposition’s objection to affording equivalent powers to impose conditions on an assembly when it presents an equivalent public order risk.”
“It will be for the judiciary to impose individual sentences, but it is right that Parliament look at the maximum term.”
“The custodial aspect has been increased from three months to six months in relation to organisers of public processions and assemblies who go on to breach conditions, as well as those who incite others to breach conditions. The sentence in relation to the fine is for those who breach conditions. They go in a different category from organisers and those who incite others to breach conditions. I do not have any examples to hand immediately, but I imagine some will find themselves in my file in due course. We are looking at maximum sentences, but it is still for the independent judiciary to impose sentences in court on the facts of the case that they have before them. That is another safeguard and another check and balance within this legislation.”
“As I said earlier, one would not want to assume that some of the protests that we have seen on the news could not happen outside London, as with the “Kill the Bill” protests in Bristol. It is right that we have clarity and consistency in law across the country so that if a group of protesters behaved in the way people appear to have behaved in the Bristol protests—injuring many, many police officers who were just acting in the line of duty—one would expect the law to apply as clearly in Rotherham as in central London.”
“We are trying to show the seriousness with which we take these small instances, where the balance between the rights of protesters and the rights of the community that is not protesting is disproportionate within the checks and balances that we have already discussed in the course of this debate. I turn now to the measures relating to noise. The provisions will broaden the range of circumstances in which the police may impose conditions on a public procession or a public assembly to include circumstances where noise may have a significant impact on those in the vicinity, or may result in serious disruption to the activities of an organisation. These circumstances will also apply to single-person protests. The hon. Member for Rotherham asked whether the noise provision was London-centric, with the biggest protests happening in London.”
“Again, I point to the disruption and to the tactics that have been developing over recent years, which have grown not just more disruptive but, in some cases, more distressing. There are examples of an ambulance being blocked from an A&E department and of commuters being prevented from getting on the train to go to work in the morning by people who had attempted to climb on to the train carriage. We are seeing more and more of these instances, so it is right that the maximum sentence is commensurate. If protesters feel that such measures are disproportionate, they will presumably put that defence forward in court. It will be for the Crown to prove its case beyond reasonable doubt and for their counsel to mitigate on their behalf.”
“It would be for the senior officer to make that assessment, but it is an objective test. I hope that the hon. Lady will not mind my raising it, but the example she gave of the impact that hearing a drill had on her personally was her personal, subjective experience; we are saying that this would have to be an objective test—the reasonable firmness of people in the vicinity of that noise.”
“That is precisely why we are introducing an objective test in clause 54(3). The hon. Lady will see the wording: “For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in a public procession may have a relevant impact on persons in the vicinity of the procession if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity.” That is consistent with other parts of the criminal law. The wording continues: “or (b) it may cause such persons”–– that is, persons of reasonable firmness–– “to suffer serious unease, alarm or distress.” We have been very mindful of trying to help the police because it would be a matter for the police to weigh up during a procession, assembly or one-person protest or before one starts.”
“A noisy protest outside an office with double glazing may not meet the threshold, but a protest creating the same amount of noise outside a care home for elderly people, a GP surgery or small, street-level businesses might, given the level of disruption likely to be caused. Again, that refers to the conditions in clause 54(3) about the likely number of people, the likely duration and the likely intensity of that impact on such persons.”
“In doing so, they must have regard to the likely number of people who may be affected, the likely duration and the likely intensity of that impact. The threshold at which police officers will be able to impose conditions on the use of noise is rightly very high. The examples I have been provided with—I am sure the Committee will understand that I am not citing any particular protest or assembly—are that a noisy protest in a town centre may not meet the threshold, but a protest creating the same amount of noise outside a school might, given the age of those likely to be affected and how those in the school are trying to sit down to learn on an average day.”
“However, we recognise that there may be some instances in which an individual, for whatever reason—medical or otherwise—may have a particular sensitivity. In the criminal law, we say, “Look, we have got to deal with this on an objective basis, because it is the criminal law and the consequences of being convicted of a criminal offence are as serious as they are.” I have some hypothetical examples to give a bit of colour in due course, but, if I may, I want to complete outlining the checks and balances as written in the Bill so that everyone has a clear picture of the steps that a senior officer will have to go through to satisfy herself or himself that a condition can be imposed on the grounds of noise. The senior officer must decide whether the impact is significant.”
“First and foremost, the hon. Lady is certainly not being annoying; she is doing her job and her duty on the Committee. I am feeling my way here carefully because obviously Ministers should not comment on individual cases, but, on her example, in a scenario where someone is being at shouted at or spoken to as she described, there is a very good argument for saying that the person doing the shouting is committing a public order offence under the 1986 Act—that could be a section 5 offence of causing harassment, alarm or distress at the moment. Again, I read across to other parts of public order legislation. That is why the objective test is an important one. We want first to be consistent with other public order measures.”
“Indeed. Of course, we are rightly sitting here scrutinising every single word of the Bill carefully, but a senior police officer on the ground will have had a great deal of training and years of experience as an officer working in their local communities. They will also have the knowledge of their local communities. I imagine that policing a quiet village and policing the centre of Westminster are two very different experiences, and the officers making such decisions will be well versed in the needs of their local areas. None the less, officers across the country will be bound by the terms of subsection (3)—those checks and balances I have referred to throughout—and the European convention on human rights.”
“As is already the case with processions, those conversations will happen and it will be a matter for the organiser as to what course of action they choose to take. One hopes that they will take the advice and guidance of the police, adapt and therefore be able to continue with their protest in a way that meets the expectations of the local community or local businesses. I appreciate that the detail is incredibly technical, and I am trying to work through every set of factual circumstances. I understand absolutely why people want to work through those, but there are checks and balances that run throughout the Bill.”
“The organiser in those circumstances would, of course, be liable to having a committed an offence only if they breached the order. Indeed, this is the important point. It is for the police to make that assessment. If the police have a conversation with an organiser and say, “We believe that using your very high-level amplification system in this residential street meets the criteria under subsection (3) such that we are going to impose a condition asking you to turn it down,” the organiser, or the person deemed to be the organiser, will have had that conversation with an officer, and I very much hope that they will abide by the condition. If they do not, that is where the offence comes in, and that is a choice for the organiser.”
“A noisy protest that lasts only a short time may not meet the threshold, so the 90 seconds of—I forget the piece of music—”