I understand what the hon. Gentleman is saying, but he is looking towards, if I may say so, a Napoleonic approach to the law which we do not have in this country. We set the parameters of powers for the police, which they interpret and which are then tested
through the courts. That has been done for public order legislation down the ages. As I say, it has been interpreted, quite rightly, over time by independent judges who oversee and seek to strike that balance. He is right that each circumstance where the police face a decision will be different and that we rely on the test through the court over time to find the right balance.
I urge Members who are expressing concern about this measure to consider, as many do, what it is like living in central London. Those who are residents of Westminster, where for many years I was a councillor, will know that Westminster City Council has a very good and very effective noise team. If their next door neighbour is having a disco or a party well into the night, night after night, they can seek a defence against that from their local authority.
In a small number of cases where legitimate protest impinges, because of its noise, decibel level, longevity or other matters, why should not local residents or businesses who are unable to continue, or whatever it might be, seek some kind of protection from the police? That seems perfectly reasonable to me and I cannot see why anyone objects, unless they believe that protesters should be allowed to make any amount of noise at any time anywhere outside any sort of premises. If they do not, we are just talking about matters of degree. The way we settle those matters of degree, as in other areas of police powers where we look at proportionality and reasonableness which are then interpreted by the courts, seems to me a fairly modest way of doing things.
On Lords amendment 80, I should say once again that both the national policing lead for public order and the policing inspectorate have said clearly that the distinction, drawn by the Public Order Act 1986 between public processions and public assemblies is anachronistic and no longer reflects the realities of policing protests. Provided the thresholds in the 1986 Act are met, the police should be able to attach any condition to an assembly in the same way they can already attach a condition to a procession.
As is its right, the revising Chamber, the unelected partially hereditary House, has asked this elected democratically accountable House to consider the amendments again. We have listened to the concerns raised and responded with further changes. It is now time for the views of those of us who took the trouble to get elected to prevail, so we can get on with implementing the many measures in the Bill that tackle violence against women and girls, ensure violent and sexual offenders get the punishment they deserve, and protect all our neighbourhoods.