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Public Order Bill - Sitting 1 (Morning)

09 June 2022

Proposing MP
Dumfriesshire, Clydesdale and Tweeddale
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses the scheduling and procedural details for the Public Order Bill Committee meetings, including dates, times, and witnesses. The statement discusses police training and powers related to managing protests under current legislation. Chris Noble discusses the use of injunctions to control protests and the ongoing consultations on public order legislation. The statement discusses the importance of appropriate powers for law enforcement in managing public order, focusing on stop and search measures and disruption orders. Chief Constable Chris Noble discusses the challenges of policing modern protests, particularly concerning tunneling activities under roads and fuel depots. The statement discusses the Public Order Bill and its potential impact on protest policing, including concerns about shifting from public realm protest policing to private spaces. The statement discusses the challenges faced by HS2 Ltd and National Highways in managing illegal protests and obstructive behaviour on their sites and infrastructure. The statement discusses challenges faced by National Highways in dealing with protesters obstructing motorways and A roads. The discussion focuses on the legal and practical challenges of dealing with unlawful protests, particularly in relation to injunctions and criminal offences. The statement discusses the Public Order Bill and its potential impact on addressing protests that interfere with key national infrastructure, focusing on HS2 sites and ports like Dover. The statement discusses the impact of protests on construction projects and potential legislative changes to address these issues. The statement addresses the Public Order Bill and its potential impact on protesters, specifically regarding HS2 and other infrastructure projects.

Action Requested

David Mundell announces the schedule for upcoming committee sessions and confirms that copies of written evidence will be circulated to Members. The Committee also agrees to deliberate in private before oral evidence sessions.

Key Facts

  • The Committee will meet at specified times on June 9, 14, 16, and 21.
  • Witnesses include the National Police Chiefs’ Council, High Speed 2 (HS2) Limited, United Kingdom Petroleum Industry Association, Adam Wagner from Doughty Street Chambers, News UK, Sir Peter Martin Fahy QPM, Matt Parr CB, Chief Superintendent Phil Dolby, Amnesty International, Justice, and Liberty.
  • The proceedings will conclude on June 21 at 5:00 pm.
  • Police training is licensed through the College of Policing and includes command training at gold, silver, and bronze levels.
  • Training involves initial comprehensive training, annual professional development, and re-accreditation.
  • The Public Order Act 1986 allows for conditions to be applied under sections 12 and 14.
  • Powers are used rarely to ban protests; more often, they involve communication and engagement with protesters.
  • Injunctions have been used increasingly frequently but need to be framed appropriately.
  • Consultations began as early as 2019 on the adequacy of public order powers.
  • The Police, Crime, Sentencing and Courts Act 2022 includes bespoke powers related to public order.
  • HM Inspectorate of Constabulary and Fire & Rescue Services report from Matt Parr in 2019 made non-legislative recommendations for training, resources, and intelligence gathering.
  • The Police and Criminal Evidence Act 1984 code A applies to stop and search.
  • Serious disruption prevention orders will have a high threshold for persistent and reckless offenders.
  • Social media can help in understanding public sentiment but also poses challenges due to private group conversations.
  • The cost of resourcing tunnelling operations by the police is estimated at around £80,000 per day.
  • There are two or three gold command level officers trained or about to be trained, with a dozen silver-level and several dozen bronze-level officers.
  • Training for specialist roles can take up to two or three weeks annually, while general public order training takes two to three days.
  • The Public Order Bill aims to address challenges in protest policing.
  • There is concern about potential shifts from public realm protest policing into private spaces, which could significantly impact local policing models and funding.
  • Assessments by NPoCC are ongoing regarding the impact of legislation changes on mutual aid across different jurisdictions.
  • John Groves is the Chief Security and Resilience Officer at HS2 Ltd.
  • Nicola Bell is the Regional Director South East at National Highways.
  • HS2 has applied for a route-wide injunction which can take two to three months to process.
  • National Highways oversees approximately 4,500 miles of motorway and A roads.
  • Over 30 protests occurred across 15 locations over two months from September to November last year.
  • Four injunctions were granted, leading to committal proceedings for 34 defendants with sentences ranging from 24 days to six months imprisonment or suspended sentences.
  • HS2 has recorded 1,600 incidents of unlawful activity since the end of 2017 including trespass and violence against staff and contractors.
  • Injunctions require a lower standard of proof but are an elongated process compared to criminal charges.
  • Maximum sentence under an injunction is two years with a significant fine at the judge's discretion.
  • Obstruction of highway carries a maximum level 3 fine up to £1,000.
  • Protests on highways can cause significant economic impacts; one protest caused 4 km of slow-moving traffic and another resulted in road closures for several hours around Dover.
  • Protesters are breaking the law but do not see it as significant deterrent.
  • Access to sites has been delayed for about eight hours due to protests.
  • Police seek balance between lawful protest rights and landowner rights.
  • Four people in a tunnel is considered a serious safety concern.
  • Protestors have turned to tunnelling more readily, with four shafts on one piece of land.
  • Dover has seen several incidents where protestors glued themselves to tankers and closed down the port and strategic roads.
  • 80% of domestic freight uses road transport.
  • Most goods come in and out through the Port of Dover using M20, A20, and A2 roads.
  • About three quarters of protesters lock on after sitting down when police arrive.
  • Police face safety risks and delays trying to de-bond protesters glued to roads.
  • Protesters have subjected security teams to verbal abuse.
  • HS2 contractors invest more in physical security due to protests.
  • The Police, Crime, Sentencing and Courts Act 2022 includes changes to protesting laws, such as imprisonment for obstruction of a highway up to six months.
  • The direct costs of protester activity to the taxpayer up to March end were £126 million.
  • By the end of next year, these costs could reach a worst-case scenario of £200 million.
  • The introduction of tunnelling amendment is viewed positively by Mr. Groves.
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