Commons Sense

House of Commons · Ministerial Statement

Protest Measures

08 February 2024 · 15 other contributors

Opened by Thomas Tugendhat Con Tonbridge

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Thomas Tugendhat raised concerns about protest measures in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Minister Thomas Tugendhat announced new government measures in response to recent incidents of hate speech, vandalism, and use of flares during protests.
  • Protesters will no longer be able to claim "reasonable excuse" for criminal behavior such as blocking roads or preventing access to national infrastructure.
  • The police will gain new powers to arrest protesters wearing face coverings to conceal their identity.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

In response to recent incidents of hate speech, vandalism of war memorials, and the use of flares during protests, Minister Thomas Tugendhat announced new government measures. Protesters will no longer be able to claim 'reasonable excuse' for criminal behaviour such as blocking roads or preventing access to national infrastructure. The police will gain new powers to arrest protesters wearing face coverings to conceal their identity. A ban on the possession of flares, fireworks and other pyrotechnics at protests has been introduced, with offenders facing up to three months in jail and a £1,000 fine for climbing war memorials. The Minister praised police efforts and emphasised the importance of protecting public safety while maintaining freedom of expression.

Other contributors (15)
  • Dan Jarvis Lab Barnsley North

    Question

    Jarvis questioned the appropriate application of new powers allowing arrests for face coverings at protests, raising concerns about scenarios where protesters may need to conceal their identity for safety reasons.

    Minister reply

    The Minister did not provide specific details on how the power will be applied in scenarios involving legitimate safety concerns.

  • Dan Jarvis Lab Barnsley North

    Question

    Jarvis asked about guidance to police forces regarding enforcement of the ban on flares and fireworks at large protests.

    Minister reply

    The Minister did not provide details on specific guidance for enforcement but acknowledged the challenge posed by enforcing the ban at large protests.

  • Dan Jarvis Lab Barnsley North

    Question

    Jarvis inquired about a definition of hateful extremism and an updated counter-extremism strategy, citing the current one as being outdated.

    Minister reply

    The Minister did not specify when the Government will bring forward an updated counter-extremism strategy or provide a clear timeframe for defining hateful extremism.

  • Dan Jarvis Lab Barnsley North

    Question

    Raises concerns about new powers for police to arrest protesters using face coverings, a ban on flares and fireworks, measures protecting war memorials, and asks for the definition of hateful extremism and an updated counter-extremism strategy.

    Minister reply

    Responds by explaining that guidelines will cover legitimate reasons for face coverings; clarifies ban on pyrotechnics applies only to those participating in protests; emphasises importance of protecting war memorials; states work is ongoing to define extremism with cross-Government involvement.

  • Peter Bottomley Con Bromley and Chislehurst

    Question

    Supports measures while highlighting the need for demonstrations to be held by agreement with authorities, citing examples of disruptive protests.

    Minister reply

    Thanks Peter Bottomley for support; reiterates importance of co-operation between protesters and police for public protection.

  • Amy Callaghan SNP Glasgow North East

    Question

    Opposes measures, citing concerns about impact on legitimate protests and human rights.

    Minister reply

    Responds by criticising SNP's stance as divisive; emphasises the need for safeguarding public order against extremist actions.

  • Greg Smith Con Mid Buckinghamshire

    Question

    This set of measures should be applied immediately when offences occur, especially concerning antisemitic protests. The lack of immediate action by the Metropolitan Police sends a disturbing message to Jewish communities.

    Minister reply

    My hon. Friend is correct; police chiefs have requested these powers, and we are in discussions with them about their implementation. We condemn the level of antisemitism seen recently as vile and unacceptable.

  • Diana R. Johnson Lab Kingston upon Hull North and Cottingham

    Question

    The Home Affairs Select Committee has been investigating police resources during protests since 7 October, noting over 4,000 cancelled rest days for Met officers at a cost of £18.9 million up to December. Will the new laws come with additional resourcing and support for officer wellbeing?

    Minister reply

    We recognise the significant pressure on policing from these protests and have been supporting police forces as necessary, especially where there has been an uplift in numbers. However, resources will be managed carefully not to detract from neighbourhood policing.

  • Bob Blackman Con Harrow East

    Question

    Since 7 October, regular hate marches have forced Jewish Londoners to remove religious symbols and avoid areas out of fear. Only 16% of British Jews believe the police treat antisemitism equally with other hate crimes; will new measures target those expressing hatred towards British Jews?

    Minister reply

    I agree that antisemitic incidents are unacceptable, causing fear among Jewish communities. Since October protests began, over 600 arrests have been made, including 30 related to terrorism laws.

  • Jim Shannon DUP Strangford

    Question

    Welcoming legislation for protestors to be uncovered, referencing Northern Ireland’s experience. Could the Minister outline how soon this can be implemented and whether discussions are ongoing with the Northern Ireland Assembly?

    Minister reply

    While recognising the need for such measures, the context in Strangford may differ from protests elsewhere.

  • Martin Vickers Con Brigg and Immingham

    Question

    Proposed penalties of up to three months’ imprisonment or a £1,000 fine might be too lenient for repeat offenders. Could there be heavier penalties available?

    Minister reply

    My hon. Friend raises an interesting point; however, these punishments are proportionate to the offences and other charges may also apply.

  • Clive Efford Lab Eltham and Chislehurst

    Question

    Welcoming measures to protect war memorials but suggesting scrutiny of details. Will amendments be part of the Criminal Justice Bill or as statutory instruments?

    Minister reply

    There will be limited, minor amendments to the Criminal Justice Bill for scrutiny on Report.

  • Robin Millar Lab Skelmersdale

    Question

    It is expected—and even reasonable—that those who lose the democratic debate in this place will take their protest on to the streets. However, we have seen a recent disturbing trend that the tactics of a minority now undermine and jeopardise the tradition of effective peaceful protest that we enjoy in this democracy. Does my right hon. Friend agree that the measures the Government have taken, and the measures he proposes today, are a reasonable response to such tactics, and that the tactics of the minority that have been employed, and that these measures address, are distorting and abusing the hard-won freedoms of this country to gather, to speak, and to protest peacefully?

    Minister reply

    My hon. Friend makes an extremely important point and if I may, I will build on it in combination with an earlier point. There are many people who served our country in various different ways over two world wars and in conflicts since then, whose memorials are either lost and known only unto God or are many thousands of miles away from their families. Families who have come to share our lives in the United Kingdom may have left behind them the graves of family members who served in those conflicts. I am thinking in particular of the 140,000 or so Muslim servicemen who served and lost their lives in the last two wars, of the many Jewish ex-servicemen who march as well, and of many others from around the world—from Africa, South America and Asia—who served in the pursuit of liberty and the defence of freedom in our country. This is their home now; those memorials remember their relatives and loved ones, and it is absolutely right that, for all communities in this country, we defend those moments of national memorial and the altars to liberty that they represent.

  • Deidre Brock SNP Glasgow North West

    Question

    These measures may impact on those of my constituents who wish to protest outside this place or elsewhere over the border. The Minister says that enforcement actions will be taken by police officers at their discretion. How will the Government ensure that these measures will be applied uniformly, proportionately and appropriately across all of England’s police forces?

    Minister reply

    These are police powers, so the enforcement or application of them is operationally independent and down to the discretion of officers and chief constables as appropriate. That is how policing traditionally works. We do not have a national police force through which we can order police officers to arrest or not arrest individuals. We allow individual police officers to apply the law according to the guidelines that chief constables set out, and that is exactly what will happen in this circumstance.

Shadow Comment

Dan Jarvis

The Labour Party welcomes measures to protect public order while respecting peaceful protest rights. Concerns were raised about appropriate application of new powers for arresting protesters using face coverings, particularly in scenarios where protesters may need to conceal their identity for safety reasons. Jarvis also welcomed the ban on flares and fireworks but questioned enforcement at large protests. Additionally, he asked for an updated counter-extremism strategy and clarification on the definition of hateful extremism to aid police in policing protests effectively.

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