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Public Order Bill - Sitting 3
14 June 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Peter Dowd discusses amendments to Clause 1 of the Public Order Bill, specifically addressing the wording related to locking on and its potential to cause serious disruption. The statement addresses amendments to clause 1 of the Public Order Bill which introduces a new offence for locking on, a tactic used by protesters that can cause serious disruption and danger. MP Peter Dowd discusses the Public Order Bill and expresses concerns about its potential to criminalize peaceful protests. The statement addresses an amendment to limit the fine for 'locking on' offences under the Public Order Bill. The statement discusses Clause 1 of the Public Order Bill which establishes a new criminal offence for people engaging in the act of locking on, leading to serious disruption. The speaker is discussing existing legislation related to public order and criminal offences that can be applied to protesters. The statement discusses concerns over the Public Order Bill's potential impact on peaceful protesters. The statement addresses concerns about clause 1 of the Public Order Bill and its potential impact on peaceful protest. The statement discusses concerns about the Public Order Bill's provisions regarding locking-on offences and their potential impact on protesters' decision-making processes. The statement addresses the Public Order Bill, specifically discussing a new clause creating an offence for locking on during protests. Peter Dowd is addressing concerns regarding the Public Order Bill, specifically Clause 2 which deals with offences related to being equipped for locking on. The statement discusses concerns about the Public Order Bill's provisions on equipping for locking on and their potential to criminalize innocent actions by individuals who are not protesting. The statement addresses concerns about a new clause in the Public Order Bill that criminalizes having an object intended for use in lock-on protests. The statement discusses the Public Order Bill's clause regarding new offences related to locking on and preparing to lock on during protests, clarifying misconceptions about everyday items being criminalised.
Action Requested
Dowd proposes amendments 29 and 46 to limit the offence to acts that actually cause serious disruption, rather than those merely capable of causing it. He also suggests removing language about reckless behavior in amendment 30.
Key Facts
- Amendments 29 and 46 aim to remove 'or is capable of causing' from clause 1.
- Amendment 30 aims to remove 'or are reckless as to whether it will have such a consequence'.
- The amendments focus on limiting the offence to ensure intent and actual disruption.
- The amendments aim to address concerns about vague definitions and unintended consequences in the Public Order Bill.
- HS2 has spent £126 million on protester removal costs, which could rise to £200 million next year.
- Sarah Jones argues that the current wording of clause 1 conflates different scales of disruption.
- Amendment 46 aims to amend clause 1 of the Public Order Bill.
- The National Police Chiefs’ Council (NPCC) supports using a definition of ‘serious disruption to the community’ rather than disrupting two people or an organisation.
- The amendment was voted down with Ayes 6 and Noes 10.
- Amendment would place a limit on the fine for 'locking on' offence to £500.
- Current Bill allows for unlimited fines.
- The amendment is intended to be consistent with similar crimes in Scots law, such as malicious mischief.
- Clause 1 targets those who lock onto objects or people causing serious disruption.
- Maximum penalty for breach is 51 weeks imprisonment, a fine or both.
- Examples include protestors blocking Stansted airport runway and oil tankers.
- Police can arrest under existing powers such as obstruction of the highway.
- Criminal damage can lead to up to 10 years in prison.
- Aggravated trespass can result in three months' imprisonment or a fine of £2,500.
- In September 2020, 80 Extinction Rebellion protesters were arrested for blocking printer works at Broxbourne and Knowsley.
- Five Insulate Britain campaigners received jail terms ranging from 24 to 42 days in September 2021.
- Sarah Jones discusses the historical context of protests at Greenham Common.
- Clause 2 of the Bill is criticized for being vague and potentially criminalizing peaceful protesters.
- The speaker references a 10-year prison sentence for damaging a statue under the proposed legislation.
- Clause 1 of the Public Order Bill is broadly drawn.
- The term 'attach' is undefined and could include actions like linking arms or chaining oneself to railings.
- Liberty notes that the wording might interfere with articles 10 and 11 of the ECHR under the Human Rights Act 1998.
- Kerry McCarthy raises examples of activists and protestors who have faced legal consequences for their actions.
- The MP mentions a case involving an Extinction Rebellion protestor attempting to glue themselves to automatic sliding doors in Bristol City Hall.
- There is concern about the impact on personal assistants required by protesters with disabilities.
- Protesters use tactics like scaffolding poles and adhesive chemicals for disruptive protests.
- Lock ons waste considerable police resources and time, sometimes requiring specialist teams.
- The new clause creates an offence of locking on, carrying a maximum penalty of six months' imprisonment and an unlimited fine.
- New stop and search powers will allow the police to seize items they believe will be used for locking on.
- Amendments 47, 32, 48, and 33 are proposed to address concerns with Clause 2.
- The amendments aim to narrow the scope of objects that could be criminalised for being used in lock-ons.
- Liberty expressed concerns about a wide range of items potentially being misinterpreted as tools for lock-ons.
- Amendment 32 aims to probe what might be criminalised under the Bill.
- Amendment 33 seeks to ensure prosecution only for those who lock on themselves.
- Amendments 47 and 48 aim to raise the threshold of intent for prosecution.
- The clause creates a criminal offence targeting people who have an object intended for use in lock-on protests.
- Witnesses noted that there is no real evidence that the legislation will work as a deterrent.
- Matt Parr’s report did not call for creating an offence of lock on during a protest.
- The offence of going equipped to commit burglary is well established and used in England, Wales, and Scotland.
- A person can be charged with going equipped if the police have reasonable grounds for suspicion that someone intends to use an object to lock on during a protest.
- Anyone found guilty will face a maximum penalty of an unlimited fine.
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