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Public Order Bill - Clause 11 (Powers to stop and search without suspicion)
24 April 2023
Lead MP
Chris Philp
Debate Type
Bill Debate
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Other Contributors: 7
At a Glance
Chris Philp raised concerns about public order bill - clause 11 (powers to stop and search without suspicion) in the House of Commons. Other MPs contributed to the debate.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
I beg to move, That this House disagrees with Lords amendments 6H and 6J. The Public Order Bill is about giving the police the tools they need to tackle disruptive protest tactics that have caused significant disruption. Clause 11 allows for stop-and-search powers without suspicion if a police officer reasonably believes certain protest-related offences will happen in the near future, ensuring it isn't used arbitrarily. Current legal frameworks such as section 3.8 of Police and Criminal Evidence Act (PACE) code A provide necessary safeguards, including GOWISELY training for officers. The requirement to establish charters on use of powers would create unnecessary burdens. Reporting is already conducted through annual statistical bulletins from the Home Office, detailing each stop-and-search incident. Communication on the use of these powers is crucial for building trust and confidence between police forces and communities, which will be reinforced by amending PACE code A to ensure operational practical communication.
Chris Philp
Con
Croydon South
He argues that Lords amendments are unnecessary due to existing legal frameworks and safeguards, such as PACE code A. He highlights that amending PACE code A is a better approach to ensure consistency across stop-and-search powers without creating additional burdens for police forces.
Sarah Jones
Lab
Croydon West
Argues against the Government's motion to disagree with Lords amendments, highlighting that the amendments seek to improve the manner in which suspicionless stop and search is conducted. Emphasises the need for safeguards in clause 11 and supports the inclusion of Casey’s recommendations into legislation.
Chris Philp
Con
Croydon South
Asks why the Opposition objects to implementing some elements of the Lords amendments in PACE code A, suggesting it is a better place for such regulations. Points out that Baroness Casey did not specify these changes should be made via primary legislation.
David Davis
Con
Goole and Pocklington
Supports the Lords amendment, stating it is in line with the Casey report recommendations. Argues that clause 11 should be on the face of the Bill to ensure respectful use of stop and search powers.
Supports Lords amendments, highlighting the significant impact suspicionless stop and search can have on black and minority ethnic communities. Criticises clause 11 for its inappropriate expansion of stop and search powers.
Wendy Chamberlain
Lib Dem
North East Fife
Expressed concerns about eroding trust in policing, highlighting that stop and search without suspicion may not effectively prevent crime. Cited the Casey report to argue against a sudden increase in section 60 searches. Emphasised the importance of gaining intelligence through community trust for effective law enforcement.
Chris Philp
Con
Croydon South
Stated that these powers are necessary to prevent disruption and planned criminal activities. Noted that key points of the amendments are already covered or will be covered by PACE code A, emphasising consistency with existing practice. Argued for ease of updating secondary legislation over primary legislation.
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