That is a very valid point. On the noise issue, I cannot see that the police will find a way to use the legislation. It would be a waste of legislation: it would not be implemented.
The Government motion to disagree and amendments in lieu of Lords amendment 80 would restore the original wording of clause 56 and add a vague definition of “serious disruption” that would apply to the noise provisions in the Bill. The Opposition do not believe that it is adequate; it could apply to singing in the street outside a place of worship or a transport facility. It does not work, and we do not support it. Additionally, although the provision would be in the Bill, the amendments in lieu would allow the Home Secretary to change it at any point, so it is slightly pointless.
On public spaces protection orders, the Opposition believe that rather than introducing sweeping powers that could catch people protesting against the closure of their local library or singing songs in the street, the Government should focus on genuine problems such as those considered in the clauses that Labour introduced to stop intimidatory protests outside schools or vaccine clinics. That is why we tabled a targeted amendment, Lords amendment 143, so that schools, local councils and the NHS could fast-track local buffer zones to prevent intimidatory anti-vax protests outside schools and vaccine clinics. We won that vote in the Lords and are pleased that, after a period of inaction, the Government have accepted Labour’s proposals to crack down on those dangerous protests and give schoolchildren and NHS staff the protection that they need.
We also supported giving the courts the ability to increase sentences if protesters put lives at risk by blocking motorways. Labour’s Lords amendment 88 limits the Government’s original amendment so that it applies only to motorways and A-roads rather than to any highway, which could include a path. It is not proportionate to apply a maximum six-month sentence to the blocking of a grass verge or a public footpath. We need a common-sense and balanced approach instead. The Government should look at the HMICFRS report and focus on improving training, guidance, co-ordination and resources to manage public order policing as the inspectorate has recommended, rather than new powers that either are too wide-ranging or replicate powers that the police already have.
The point of protest is to capture attention. Protests are noisy and sometimes annoying—I find them annoying; we all find it annoying to have to listen to some of the ongoing singing that we hear in this place—but they are fundamental to our democracy. If the public order provisions on noise in the Bill had been in place earlier, they would have stopped the suffragettes who marched for the right to vote, the children shouting loudly for action on climate change, or the Whitehall protesters against the Russian invasion. That is why Labour will keep pushing to limit the harmful provisions in this Bill.
There are elements of the Bill that we welcome, and it has been improved thanks to the hard work of Labour colleagues and, indeed, colleagues in all parts of the House. However, the Government have included disproportionate and draconian provisions that risk undermining our human rights and dividing communities. The right hon. Member for Maidenhead (Mrs May) is not present, but if she were, she might say that there is a fine line between being “popular” and being “populist”.
We on these Benches want to see the Government stop chasing headlines and get back to the core duties of the Home Office: to keep people safe, bring criminals to justice, and uphold the rights and responsibilities of the rule of law.
10.45 pm