Key Facts

• The new clause introduces criminal penalties for interference within buffer zones around abortion clinics.
• Buffer zones are defined as areas 150 metres from any part of an abortion clinic or access point.
• Tens of thousands of women are affected annually by disruptions at abortion clinics.
• The French legislation brackets the offence with causing psychological distress.
• Ealing was the first local authority to set up a PSPO.
• Only three other councils have used a PSPO since 2018.
• Government’s review in 2018 engaged with more than 2,500 people and organisations.
• The review concluded that national exclusion zones would be disproportionate.
• Mr Damien Fitzgerald described pro-life vigils as peaceful activities not involving harassment or intimidation.
• Evidence from Martha Spurrier of Liberty highlighted the right to protest without harassing others.
• The Public Order Act 1986 makes it an offence to display images or words causing harassment, alarm or distress.
• The law attracts six months’ imprisonment or a fine.
• Police can impose certain conditions on protests under existing legislation.
• Three PSPOs are currently in operation: Ealing, Richmond, and Manchester.
• A new clause proposed by Rupa Huq would criminalize behaviour within a buffer zone around clinics but was deemed disproportionate by the Minister.
• The distance of the buffer zone should depend on local circumstances such as clinic layout.
• The government's approach has been reviewed once in 2018.
• There is an organisation called 40 Days for Life that conducts protests during Lent.
• Ealing Council approved measures to address protests near clinics after a vote in 2018.
• The Public Order Act 1986 is being amended.
• A new section 5A is proposed to address offences aggravated by sex or gender.
• Offenders are liable on summary conviction to imprisonment for up to six months, a fine not exceeding level 5 on the standard scale, or both.
• 66% of girls in the UK have experienced sexual attention or contact in a public space.
• A UN Women UK report shows that 71% of women polled had experienced sexual harassment in public spaces, rising to 97% for those under 25.
• Half a million crimes against women go unreported every year.
• Two-thirds of women experience abuse or harassment in public places but only 20% report it due to lack of confidence in the police response.
• The new clause aims to introduce a public sexual harassment offence and amend hate speech offences under part 3A of the Public Order Act.
• A Government consultation on these issues is expected before the summer recess, with only five weeks remaining until then.
• The Law Commission has recommended comprehensive reform rather than extension of existing laws, noting potential chilling effects on free speech.
• The new clause aims to include impeding emergency workers as an aggravating factor for primary offences under clauses 1 and 3 of the Bill.
• Existing law includes the Emergency Workers (Obstruction) Act 2006, which already criminalizes obstructing emergency workers without reasonable excuse.
• Courts can consider various aggravating factors when sentencing individuals convicted of locking on or obstructing transport works.
• Secretary of State must appoint an independent reviewer.
• Review to consider the impact on groups with protected characteristics under the Equality Act 2010.
• Annual reports required.
• First report due no later than one year after data publication.
• Black and minority ethnic people are eight times more likely to be stopped and searched than non-BME people.
• New clause 8 would require the Home Office to publish disaggregated data on stop and searches under clauses 6 and 7 of the Bill.
• New clause 9 proposes an independent reviewer role, similar to the independent reviewer of terrorism legislation, with a mandate to assess and report annually on the impact of stop-and-search powers.
• The Home Office collects data on age, gender, and ethnicity in stop and search practices.
• Body-worn video is noted to make a significant difference in accountability.
• Independent oversight by HMICFRS and IOPC already scrutinises police use of stop and search powers.
• New Clause 10 would require the Secretary of State to issue statutory guidance on handling protest techniques like locking on.
• The Home Office believes that police forces themselves are best positioned to develop and update guidance on these matters.
• Sarah Jones agreed to withdraw the new clause due to the Minister's response.
• New Clause 12 requires the development of a national monitoring tool for specialist protest officers.
• NPoCC already co-ordinates and monitors the use of protest removal-trained officers.
• New Clause 13 allows injunctions against 'persons unknown' to prevent disruption to essential goods or services.
• The clause sets out circumstances under which an injunction may be granted against “persons unknown” based on the Canada Goose UK v. Persons Unknown case.
• Local authorities, chief constables, and affected residents or business owners can apply for such injunctions.
• HS2 has used route-wide civil injunctions to deter unlawful protest activity.
• Injunctions are seen as more effective deterrents than vague criminal offences because they provide clear warnings about prohibited actions.
• The new clause aims to create a framework for applying injunctions against protesters who disrupt essential goods or services.
• Injunctions can already be taken out by businesses and local authorities.
• The Government are exploring what more can be done at a national level to protect key infrastructure.