Key Facts

• Protest tunnels have caused costs exceeding £10 million at HS2 sites.
• New clause 5 creates an offence of causing serious disruption by creating a tunnel, punishable by up to three years' imprisonment or a fine.
• New clause 6 covers those occupying a tunnel with similar penalties and definitions.
• Amendments extend stop and search powers to include equipment for tunnelling.
• Government amendments 25 and 26 apply stop-and-search powers to new offences related to tunnelling.
• Tunnels used for protest can be filled with lethal levels of carbon monoxide and dioxide, posing significant risk to life.
• The removal operation following a tunneling protest at Small Dean added more than £4 million to HS2 costs.
• Sarah Jones listens to the police when considering measures to address tunnelling during protests.
• The NPCC raises concerns about existing legislation and additional costs if policing responsibility expands to private land.
• Chris Noble's evidence suggests that preventing tunnelling in the first place is key, but new offences may not significantly change current practices.
• Police need powers to proactively prevent criminal protest activity before it occurs.
• Clause 6 extends suspicion-led stop and search powers to a range of protest-related offences.
• Existing safeguards such as statutory codes of practice, body-worn video, and data collection will continue to apply.
• Clause 6 amends section 1 of PACE to allow police to stop and search based on reasonable suspicion in connection with specified offences during protests.
• The amendment concerns the extension of stop-and-search powers to cover items intended for use in protest-related activities, such as bike locks or superglue.
• Concerns are raised about the potential chilling effect on peaceful protesters who may be carrying items that could be misinterpreted by police.
• Police officers consulted for the Home Office's proposal on a new stop-and-search power expressed concern over potential misuse.
• HMICFRS agreed with the sentiment that some inconvenience is more acceptable than a police state.
• The Independent Office for Police Conduct report highlights concerns about the disproportionate use of stop and search against people from Black, Asian, or other minority ethnic backgrounds.
• Ethnic disproportionality in stop and search is worse now than it was 22 years ago, with black people being seven times more likely to be stopped and searched than white people for suspicion-led searches.
• The Independent Office for Police Conduct found examples where stop and search had not been done correctly.
• The Home Office's equality impact assessment on the expansion of stop and search acknowledges a negative effect on communities with low trust in police.
• Chief Superintendent Phil Dolby highlighted difficulties in implementing the proposals due to community scrutiny.
• Clause 7 introduces suspicion-less stop and search powers for specified offences.
• Officers of inspector rank or above may implement these powers for up to 24 hours, extendable by a superintendent if deemed necessary.
• The powers are similar to those under section 60 of the Criminal Justice and Public Order Act 1994.
• The disproportionate use of stop and search powers affects certain demographics, particularly black, Asian and other minority ethnic groups.
• Clause 7 addresses peaceful protest as if it were a social ill akin to serious crime scenarios.
• Section 1 of the Police and Criminal Evidence Act allows officers to stop and search individuals suspected of possessing stolen or prohibited articles.
• The former Prime Minister insisted that stop and search be intelligence-led during her tenure as Home Secretary.
• One in 100 stop and searches for knives under section 60 leads to the discovery of a knife.
• Lord Carlile noted that suspicion-less stop and search powers are disproportionate, and suggested the Government should think twice about it.
• Liberty has highlighted that such powers have been used 'in the context of crimes that will potentially kill many, many people.'
• Amnesty International expressed concerns over the lawfulness of the confiscation powers associated with stop-and-search.
• Amendments 38 and 39 aim to raise the burden of proof for SDPOs from 'on the balance of probabilities' to 'beyond reasonable doubt'.
• The civil standard of proof is currently used when considering whether an offence constitutes a protest-related offence or previous behaviour qualifying someone for an SDPO.
• For breaching an SDPO, the criminal burden of proof would apply.
• The meeting is part of the consideration of the Public Order Bill.
• The session was adjourned until two o'clock on the same day.