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UK PARLIAMENT · SITTING

Kit Malthouse

MP for North West Hampshire · Conservative · United Kingdom

IN THEIR OWN WORDS

We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.

TERMINALLY ILL ADULTS (END OF LIFE) BILL · 2026-09-11 · READ IN HANSARD

The complete record

Every one of 4,811 lines we hold for Kit Malthouse, in date order, each linked to its source. Free to read, in full, without an account. Page 26 of 97.

  1. We will continue to keep it under review, particularly by engaging with the National Police Chiefs’ Council and local authorities as they see these events unfold. Based on the evidence, we have concluded that it would not be proportionate to introduce a blanket ban. Obviously, none of the provisions in the Bill that we have talked about so far has imposed a blanket ban. They are all about imposing conditions when a protest crosses the line, as the hon. Member for Ealing Central and Acton says, into being something else—into being a crime. As the hon. Member for Glasgow North East knows, it is possible to impose such conditions in Scotland; we would like to mirror that in England and Wales. The hon.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  2. It goes much further than existing PSPOs and covers private dwellings and places of worship that fall within 150 metres of a clinic, as well as other premises where the behaviours she has described would not have the impact of interfering with access, but could be criminalised. That, I am afraid, would be disproportionate. As my hon. Friend said, it would also include doctors in surgeries within 150 metres of a clinic who offer advice to patients about abortions. That too would be disproportionate. We believe that the argument the hon. Lady made strengthens the case for locally driven responses that take into account local facts, issues and circumstances, rather than a nationwide blanket ban. As my hon. Friend said, we reviewed this matter in 2018, with a further review in 2020.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  3. I will give way in a moment. We also have the Protection from Harassment Act 1997, which makes it an offence for someone to pursue a course of action that they know will amount to harassment of someone else; again, this offence attracts six months’ imprisonment and/or a fine. There are also the PSPOs, which the hon. Lady talked about. We have three in operation—Ealing, Richmond and Manchester—that have successfully put an end to some of those harmful protests. The hon. Lady can respond at the end to the points that have been raised. Before she does so, however, I would just say that there are some difficulties with the scope of her new clause, as my hon. Friend the Member for Dover pointed out.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  4. We would essentially be building on very shaky foundations. The Law Commission found that one change is usually interdependent with another. As the hon. Member for Stockton North has said, the Government are actively considering all of the Law Commission’s recommendations, and I can assure the Committee that we are putting the final touches on the Government’s response to all 34 of the Law Commission’s recommendations and will publish that response shortly. I think it would be wiser for the Committee and, indeed, the House to wait for its publication. We do not think it is wise to put the cart before the horse, so I encourage the hon. Gentleman to withdraw the new clause.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  5. For each characteristic added to the law, those so-called free speech provisions would clarify that merely offensive speech on topics related to such characteristics is not in itself a crime. The Law Commission noted that, particularly in relation to gender identity, “without such protection, activists would seek to test the limits of the extended offence.” The new clause does not account for those free speech protections. More broadly, it does nothing to reform the existing provisions as the Law Commission proposes; it only adds to the statute book, whereas the Law Commission suggests repeal and replacement. In short, any reform of these laws would need to be comprehensive. If it is not, we risk compounding the problems in the law that the Law Commission identified and potentially harming free expression rights.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  6. The new clause does nothing to contribute to such reform, but root-and-branch change is needed, given that these are hate speech offences. They have the basic potential to significantly chill free speech, and are an area of law in which public consent for change must be carefully considered. The Law Commission noted that those offences represent “some of the most controversial aspects of hate crime laws.” There are also issues with the current legislation that we first need to grapple with. The Law Commission noted that the legal defences for people accused of those crimes are currently unclear, and certain terms used in the legislation are legally ambiguous. Most importantly, it tempered all proposals to expand the law with a condition that doing so must be coupled with provisions that make clear what is not criminal.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  7. I have my views on the intrinsic merits of new clause 2, but it would be fairer and better for us to wait for that consultation to run its course and then draw our conclusions from it. The other part of the new clause would amend part 3A of the Public Order Act, which deals with what could be described in shorthand as hate speech offences. The hon. Lady has in the past cited recommendation 23 of the Law Commission’s review, which does, in a basic sense, endorse the notion that those offences be extended to cover sex or gender. However, I am afraid that that overlooks a crucial detail: while the Law Commission dedicated just over 10 pages to that extension, it dedicated more than 70 pages to the need for those offences to be fundamentally reformed.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  8. I suggest that we should consider hate crime laws in the round, rather than seeking to pick off individual items in a piecemeal way. Let me deal first with the new clause’s proposed new section 5A to the Public Order Act 1986. To put it into ordinary language, it is an attempt to introduce a new offence of public sexual harassment. I remind Members that during debate on the Police, Crime, Sentencing and Courts Act in the previous Session, the Government committed—as the hon. Gentleman has said—to launch a consultation before the summer recess. I can confirm that that remains our intention. We are finalising those plans now, so given that undertaking, I am a bit surprised that the hon. Member for Walthamstow has tabled this new clause, as its effect would be to pre-empt that consultation.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  9. The matter of whether and where sex or gender fits into hate crime legislation was, as the hon. Member for Stockton North has said, subject to significant deliberation during consideration in the previous Session, only six weeks ago, of the Police, Crime, Sentencing and Courts Act 2022. Before that, it was widely discussed during consideration of the Domestic Abuse Act 2021. Both Houses had an opportunity to express their views and come to a settled position, and I am afraid that I do not believe matters have changed since then. The hon. Gentleman has cited some distinction between new clause 2 and the previous attempts of the hon. Member for Walthamstow to amend the law in this area, but the essential issue remains the same.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  10. Given that there are existing legal remedies, we do not believe it necessary to legislate to direct courts to consider using the maximum penalties available to them when sentencing individuals convicted of locking on or obstructing transport works in those scenarios. Courts can already consider a whole range of aggravating and mitigating circumstances presented to them by the prosecution and defence when deciding whether to convict a defendant and impose a sentence proportionate to their crime. When assessing cases relating to the two offences mentioned in new clause 3, courts may wish to consider impeding emergency workers as an aggravating factor, but that is a decision for them. While we understand the intention behind the new clause, we hope that my hon. Friend will withdraw it at this stage.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  11. Friend’s support for the new clause. As I have said previously, however, acts that obstruct emergency workers from exercising their functions are sadly not new and are—happily, perhaps—already illegal under existing law. The Emergency Workers (Obstruction) Act 2006 already makes it an offence to obstruct without reasonable excuse an emergency worker such as a police officer or paramedic from responding to an emergency. It also provides an offence of hindering someone assisting an emergency worker in responding to an emergency. Anyone found guilty of those offences faces an unlimited fine.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  12. I am grateful to my hon. Friend the Member for Dover. We all sympathise with the intentions of the new clause, initially tabled by my hon. Friend the Member for Blackpool North and Cleveleys. It is completely unacceptable that a small minority of individuals cause significant disruption, and it is even more unacceptable when that disruption strays beyond delaying or inconveniencing the public and into interfering with the emergency services. We all remember well the scenes of ambulances stuck in traffic on the M25, and thank God that there was no major fire that the fire service needed to get to, or a worse incident. Such behaviour is unacceptable and the new clause seeks to ask the courts to account for this behaviour when convicting individuals for obstructing major transport works and for locking on in particular. I applaud my hon.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  13. Lady did not mean to imply that the police operation of stop and search is, as she said, “racist” at the moment. There are complicated reasons that sit behind the disproportionality in stop and search, which undoubtedly exists in some parts of the country, that we need to be conscious of and address. However, she will also be aware that there are safeguards in place, including the use of body-worn video and statutory guidance in code A of the Police and Criminal Evidence Act 1984, and those safeguards will also apply to the new powers in the Bill. Data on their use will be collected and published, broken down by age, gender and ethnicity—including the outcome of the search—as it is for existing stop-and-search powers.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  14. I will speak first to new clause 8. The Home Office continues to publish extensive data on the use of stop and search to drive transparency, as the hon. Lady for Ealing Central and Acton requested. In 2021, for the first time, we collected and published data on the age and gender of all individuals stopped and searched, alongside our long-standing collection of data on ethnicity. That allows us to create a clearer picture on how stop and search is used and how best to build on the existing trust and confidence held between the police and the community they serve. I want to make it clear that, as with all stop and search, nobody should be stopped and searched under the new powers because of their ethnicity or on the basis of any other protected characteristic. I know that the hon.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  15. Lady will join me in praising the hard work of those two independent bodies in scrutinising police powers, and indeed the hard work of the police in using stop and search over the past couple of years to remove about 50,000 knives from the streets. I hope I have offered her some reassurance that we are conscious of our duty to deal with disproportionality, and that the existing safeguards and structures, as well as the new powers in the Bill, will be aligned with respect to that responsibility. On that basis, I hope she will withdraw the new clause.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  16. That allows the public to see whether their local force is meeting the high standards we expect. Forces should be able to explain their use of stop and search, including any disparities, to HMIC and the public, and we expect forces to respond to the inspectorate’s recommendations with alacrity. Secondly, the Independent Office for Police Conduct provides a function through which complaints about police use of stop and search can be investigated. It is also able to issue recommendations to which forces are legally obliged to respond. As the “Inclusive Britain” report set out, the Government also recognise the importance of scrutiny by local communities. We are already enhancing these safeguards through the development of a national framework for community scrutiny of stop and search. I know the hon.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  17. Lady that independent oversight of the use of intrusive powers is essential. We all expect the police to use their stop-and-search powers as they see fit and to scrutinise their use of powers to ensure they remain focused, legitimate, proportionate and necessary. However, it is also true that having an independent body increases accountability and enhances the service officers are giving to the public. I am pleased, therefore, to remind the Committee that we are fortunate to have two independent bodies that already perform that vital task. First, Her Majesty’s inspectorate of constabulary and fire and rescue services inspects forces on their use of stop and search as part of their annual inspections, and makes recommendations for improvement where needed.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  18. Even though they were the only two people who were stopped and searched during that period, that stop and search and their apprehension as drug dealers meant that someone was 40 times more likely to be stopped and searched in that part of Dorset if they were from a BME background. There are lots of complicated reasons that we need to understand about the disproportionality, and I am not downplaying the significance of it. As somebody who has fought crime in London during my political lifetime, I am very conscious of the impact it can have. I have sat and worked with all communities across London, particularly those affected by very serious violence, to understand the impact of stop and search. I have to say that body-worn video, in particular, is making a huge difference. On new clause 9, I agree with the hon.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  19. The hon. Lady is making exactly my point. I am afraid that the hon. Member for Ealing Central and Acton did use the word “racist” regarding the operation of stop and search. I was refuting that as a conclusion that may be drawn. There are complicated reasons behind the disproportionality in stop and search, and we all have a duty to try to understand what they may be. Sometimes, there are statistical anomalies. There is a well-known anomaly in Dorset from a couple of years ago where a couple of drug dealers travelled down to deal drugs and they were stopped and searched. They happened to be from a BME background.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  20. The new clause introduces a requirement on the Home Secretary to issue statutory guidance to the police on responding to lock-ons. While we agree that the Government should guide the police in the exercise of their powers, the police already have specialist teams trained to remove protesters from lock-ons. These teams continually develop their knowledge and training to keep pace with innovations in locking on, and I believe that the police themselves are best placed to develop guidance on the matter. Given that, I ask the hon. Lady to withdraw the new clause.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  21. Given that the effect of the new clause is already in place, we will not be supporting it. The inspectorate has sensibly recommended that the updating and management of national protest guidance is done by the College of Policing. It is the body with the knowledge and expertise to provide guidance to police forces. We do not see what benefit placing that obligation on the Government would bring, so I ask her to withdraw the new clause.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  22. Although I recognise the hon. Lady’s intent on the issue, I struggle to see the benefit of the new clause. Protest guidance is the responsibility of the police and the College of Policing. She referred to a recommendation from Her Majesty’s inspectorate of constabulary and fire and rescue services on the policing of protests. The College of Policing is responsible for setting standards, providing training and sharing good practice for police forces. It is best placed to implement the recommendation. In fact, the college has already acted on it, and an updated public order authorised professional practice can be found on its website. The APP has consolidated guidance and links to other relevant guidance. I understand that it will be continually reviewed and updated.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  23. On the sharing of best practice, the College of Policing has, as I have said, updated the existing authorised professional practice on public order and public safety policing. That resource is easily accessible to all forces and will help them to understand best practice when policing protests. On the basis that this House should legislate only when it is strictly necessary, and that such work is already under way, I ask the hon. Lady to withdraw the motion.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  24. In effect, the new clause brings back a clause that was initially tabled to the Police, Crime, Sentencing and Courts Act in January 2022 on Report. As the hon. Lady said, it would require the creation of a monitoring tool. As the Government stated in the House of Lords in January, such a tool is not necessary. The National Police Co-ordination Centre, which is known as NPoCC and is part of the National Police Chiefs’ Council, already co-ordinates and monitors the use of and requests for protest removal-trained officers across the UK. Furthermore, following recommendations by the inspectorate, the police’s national public order and public safety lead is already working on an evaluation of the requirement for specialist protest officers.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  25. The clause as it stands does not deliver meaningful change. It creates a definitional problem of its own. Given that, I urge the hon. Lady to withdraw her amendment.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  26. As we have seen with Insulate Britain and Just Stop Oil protests, injunctions can already be taken out by businesses and local authorities to prevent protesters from causing serious disruption to the effective movement of essential goods or services. Unlike the proposed new clause, the wider measures already in the Bill change the status quo, providing greater protection against the guerrilla activism that we have seen from recent protest groups. We recognise the need to ensure better co-ordination of injunctions. However, the new clause does not address this challenge. We have heard the calls from the Opposition on this, and the Government are exploring what more can be done at a national level to protect key infrastructure and prevent disruption to the flow of essential goods and services.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  27. As the hon. Lady said, new clause 13 looks to create a framework that allows local authorities, chief constables, residents, and business owners in an area to apply for an injunction to prevent serious disruption to the effective movement of essential goods or services. She quite neatly illustrates the problem with prescriptive definitions, but has created a new one with the notion of “prolonged”. I am not sure how long she thinks prolonged should be. Nevertheless, these are naturally definitions that we have in the past left to the courts. We agree with the hon. Lady that injunctions have an important part to play in the response to the criminal protests, as we have seen this past year. However, we are not clear what she is trying to achieve with the amendment.

    PUBLIC ORDER BILL (SEVENTH SITTING) · 2022-06-21 · READ IN HANSARD

  28. In the past few years, we have been working closely with the police across the whole of the UK to drive down the number of minors held in custody and the duration of that. As the hon. Lady will know, the appropriate adult scheme is in place to make sure that minors who are detained are accompanied by adults who, as I say, are appropriate. If she has specific cases she wants to raise with me, I would be more than happy to look at them, but thus far the trend has been improving.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  29. My hon. Friend is right on the national Grip funding roll-out, which originated from a visit I made to Southend two years ago, where I was so impressed by the data-driven hotspot work that we managed to get the money out of the Treasury to spread it further. I certainly look forward to seeing the results of Operation Union. If it is equally successful, I do not see why we would not roll that out too.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  30. As usual, Mr Speaker, it is no surprise to hear my hon. Friend standing up for his constituents and fighting for their interests. He is right to look for greater police presence in his constituency, and when we finish recruiting 20,000 police officers, we will need somewhere for them to put all their stuff. Having that somewhere in his constituency would make sense.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  31. Although the case of Child Q was deeply regrettable and the Metropolitan police have offered their apologies in that case, I am sure that the hon. Lady will accept that, sadly, there are circumstances where these kind of searches of all manner of people are warranted. She raises a good point about transparency, and I know that all police chiefs across the country have it at the forefront of their minds that their legitimacy is built on public confidence about what they do and I will certainly explore the idea that she suggests.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  32. I am more than happy to support my hon. Friend in seeking the best for his constituents, as I did on Friday in Tiverton where the front counter of the police station is due to open in November. I hope and believe that his constituents will benefit from the significant uplift in capacity and funding that we are giving to police forces, which will allow them to do exactly as he asks.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  33. I am quite surprised to hear that given that I believe the hon. Lady is a London MP and the Metropolitan Police currently have more police officers on their roster than they have ever had in their history.

    TOPICAL QUESTIONS · 2022-06-20 · READ IN HANSARD

  34. I beg to move amendment 25, clause 6, page 8, line 23, at end insert— “(ha) an offence under section (Offence of causing serious disruption by tunnelling) of that Act (offence of causing serious disruption by tunnelling); (hb) an offence under section (Offence of causing serious disruption by being present in a tunnel) of that Act (offence of causing serious disruption by being present in a tunnel)”. This amendment applies the stop and search powers in section 1 of the Police and Criminal Evidence Act 1984 to an offence relating to tunnelling under the new clause inserted by NC5 or NC6

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  35. Those two amendments, alongside new clause 7, which we will debate later, will allow the police to take the necessary preventive action against those they believe may be intending to tunnel, protecting the public from serious disruption. Finally, the level of sentences for these new offences reflects the level of harm that tunnelling can cause. Not only do they cause significant disruption and cost millions of pounds to clean up, as we heard, but they place protesters and, critically, emergency workers at extraordinary risk of serious injury or death. We therefore think it is completely proportionate that the maximum sentences for these offences are as high as I have set out, for the reasons that I have set out.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  36. For both clauses, the tunnel has been defined as any excavation, whether it leads to a destination or is enough to permit the passage of an individual. We have also included in scope any extension or enlargement of existing natural or artificial excavations. The breadth of the definition will ensure that all stages of this dangerous tactic will be captured. Government amendments 25 and 26 extend the Bill’s suspicion-based and suspicion-less stop and search powers to include equipment that may be used for creating or being present in a tunnel. It is clear that the police need powers to tackle tunnels proactively before they occur.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  37. Their action must cause, or be capable of causing, serious disruption to an organisation or two or more individuals—as we have seen in earlier clauses in the Bill—and the person must intend the tunnel to have a consequence or be reckless as to the consequence. To deter a committed cohort of protest tunnellers, the clause enables a maximum sentence of three years’ imprisonment and/or a fine. The clause also includes a reasonable excuse exemption, as have previous clauses. New clause 6 is designed to cover those who occupy a tunnel as well as those who constructed it in the first place. They will be liable to a similar penalty of up to three years’ imprisonment and/or a fine. The threshold of serious disruption for this offence will be the same as in new clause 5.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  38. Members think about the merits of a particular cause and the right to protest, we can all agree that such an utterly reckless practice must not be allowed to continue. Although the individuals may be willing to put themselves at risk, it is not acceptable that they endanger those who are called upon to remove them and repair the damage inflicted. The tunnels are often structurally unsound and poorly ventilated. In addition, the protesters resist removal, increasing the risks for those we ask to enforce the law. While removing protesters from the Euston Square tunnel, for example, HS2 reported that a protester removed part of the shoring, causing a tunnel to collapse on a contractor. New clause 5 therefore creates a new offence of creating a tunnel, which will be committed when an individual causes serious disruption by creating a tunnel.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  39. It is a great pleasure to serve under your wise guidance, Mr Mundell, for our contemplation of this legislation today. The amendments make it clear that the protest tactic of building tunnels in order to disrupt legitimate activity while endangering the protesters themselves and the police and emergency services who respond will not be tolerated. The Committee heard last week how HS2 had been targeted on multiple occasions by people building tunnels that have caused enormous cost to the project, with three removal operations alone costing in excess of £10 million. Even more recently, we have seen protesters from Just Stop Oil engaging in this dangerous and reckless activity at sites in Essex and Warwickshire. Aside from the costs, however, it is the risk of a fatality at one of the sites that concerns us most. Whatever hon.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  40. This failed to recognise that HS2 could not start substantive work on the land because protesters were in the tunnel. This specific offence will cover that. I am sure the hon. Lady also recognises that a tunnel may cross between different ownerships of land and between public and private land. That legal complexity causes a problem. While I understand that she is cleaving to aggravated trespass in many of her oppositions to these clauses, actually, this issue of the protesters being able to reverse the burden of proof is hugely problematic. That is what we are seeking to address.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  41. The hon. Lady has raised the issue of the aggravated trespass offence on a number of occasions as a charge that can be used, so I asked my team to look at why aggravated trespass is not necessarily ideal. What we have found is that in a number of situations, not least with HS2, defendants against aggravated trespass in court claim that they are disrupting unlawful activity. That shifts the burden of proof on to, in this case, HS2 to prove that what it was doing was lawful. For example, at the Euston Square Gardens tunnel aggravated trespass was used, and HS2 was required to present to the court what work was being carried out on the land at the time the protesters were in the tunnel and show it was lawful. The case was dismissed by the judge on the grounds that no construction was being carried out on the land at the time.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  42. Sorry, I should have been clear in what I said earlier. I heard the evidence by the National Police Chiefs’ Council lead. The problem is not necessarily the police’s ability to remove and charge those individuals. The problems, as I outlined in the example I used, come in the courts. The current suite of offences that are being incurred gives wriggle room for protesters to make this claim and reverse the burden of proof. I am sure the hon. Lady will agree that what happened at Euston Square was very dangerous, and I hope she agrees that an offence was committed, but at Euston Square they were able to avoid punishment for what they did by using this technicality.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  43. I understand the argument that the hon. Lady is making, but I think we have accepted the principle that what these people are doing is not protesting. They are effectively committing a crime, and it is a well-established principle that regardless of whether a crime—for example, a burglary—is committed on public or private land, the police will apprehend, prosecute and investigate. Unless the hon. Lady is saying that tunnelling is a legitimate protest—notwithstanding the dangerous things that we have all talked about, and the cost—I do not understand her argument. Secondly, it is worth bearing in mind that regardless of whether the cost falls on HS2 or the police, it is falling on the taxpayer.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  44. While I understand the concerns that have been shared about the expansion of stop and search widely in society, it is clear that these powers are required to allow the police to take the necessary action to prevent the small minority of determined protesters causing serious disruption. I commend the clause to the Committee.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  45. Police officers will have the power to stop and search anyone they reasonably suspect is carrying items that could be used for locking on, obstruction of major transport works, interference with key infrastructure, public nuisance, obstruction of the highway or the new offences of tunnelling and being present in a tunnel, which have been tabled as Government amendments to the Bill. Existing safeguards, including statutory codes of practice, body-worn video to increase accountability and extensive data collection will continue to apply to ensure that the police use stop and search in an effective and proportionate manner.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  46. It is clear that police need the powers to proactively prevent criminal protest activity before it occurs. The hon. Lady has put great store by the evidence of the National Police Chiefs’ Council. She will recall it specifically saying that the ability to stop and search people in and around protests would be helpful, and in its report on the policing of protests, Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services argued that stop-and-search powers would improve the police’s ability to prevent serious disruption. Clause 6 extends existing suspicion-led stop-and-search powers to a range of protest-related offences.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  47. Friend the Member for Dudley North said, exactly the kind of discretion that we ask them to use every day on the streets, whether in a protest environment or not. I know that the hon. Member for North East Fife has great experience of the fact that we rely on our police officers to use their discretion and judgment. In these circumstances, we are talking about suspicion-led stop and search. There have to be legitimate reasons why the police would stop and search somebody.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  48. I worry that in their desire to undermine the policy, the Opposition are conflating the two. There is no reason why people showing up to an Extinction Rebellion protest should be stopped and searched disproportionately compared with their demographic background, unless half the people who show up to the protest happen to be from a minority background. We would hope that the stop and search numbers would reflect the population coming to the protest. The Opposition seem to think that the country is filled with police officers just waiting for their moment to stop and search us, or just looking for an opportunity to be difficult. The hon. Member for Bristol East spoke about the police wanting to be difficult, as if they ever want to be difficult. That indicates a lack of trust in the ability of our police to exercise, as my hon.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  49. For the sake of accuracy, when I was Deputy Mayor for policing, stop and search increased. The hon. Lady is quite right that it decreased in the second half of the Mayor’s eight-year term. By then, we had got on top of the number of knife crime murders that were happening across London, not least in her constituency—although she was not the Member of Parliament then. I want to address the issue of disproportionality. No one would deny that when stop and search is used for violence, there is disproportionality, particularly in London although not uniformly across the country. However, we are talking about stop and search in protest situations. For those numbers to show up in stop and search relies on the population in a vicinity of protest being disproportionately reflected demographically.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD

  50. We have responded to the “Inclusive Britain” report by saying that we intend to enhance the safeguards through the development of a national framework for scrutiny of stop and search by local communities, and through the consideration of any unnecessary barriers to the increased use of body-worn video. We also asked the College of Policing to update its stop and search guidance to ensure fair and proportionate use. The updated guidance, which is available to all forces, was published in July 2020 and provides best practice examples of community engagement and security. HMICFRS continues to inspect regularly on stop and search.

    PUBLIC ORDER BILL (FIFTH SITTING) · 2022-06-16 · READ IN HANSARD