My Lords, I suggest that noble Lords may want to follow Sheffield Wednesday because, if you lived anywhere near the ground, you would never be disturbed by much noise from the team scoring.
I support the right to protest. What I am about to say may leave people thinking that I do not, but I genuinely do. I say that as somebody who, like the noble Lord, Lord Paddick, has been a gold commander for public order events with tens of thousands of people—hundreds of thousands on occasion. Sometimes people in London imagine that the only protests that happen are with the Metropolitan Police leading them, but of course other forces have to deal with similar challenges an awful lot of the time.
There are different types of protest, but we seem to have started to talk about the only types of protest being the ones that happen in Whitehall, which we all regularly see and hear and which we have the most experience of, but they are not the only types of protest that happen around the country. I want to say a few words about those types of protest, and why I broadly support the Government’s idea to look at why noise can be a problem. Noise can be threatening and intimidating, it can be a nuisance and it can damage health. Surely the test of whether or not noise is okay is whether somebody of reasonable firmness—not somebody who is particularly sensitive—can withstand it. In certain circumstances we would all be very prone to being damaged by noise. Imagine a family who had someone who was terminally ill. Some of us who can cope with noise most of the time cannot cope with it all the time. So I think there is a test that can be applied, and the police would be quite able to apply it.
There is another example, I would suggest, of something that is lawful generally but when done too much can be a crime: picketing. That may have been contentious in the past, but people have engaged in it as part of a trade union dispute. However, it was made illegal, some time ago now, to gather in such a large number that it would intimidate people and prevent them working or doing other things that were reasonable. Picketing is therefore lawful, but not if it is done in such numbers and is causing such damage that it would cause normal people to be worried that they could not carry on with their normal lives.
The question that is not really addressed by those who object to the Government’s proposal is: is it always okay for protesters to cause noise nuisance, even if somebody is unreasonably damaged by that noise? If it is outside your home or your business, and it is day after week after month, is that okay? If not, how are you going to deal with it? I have not heard any proposals for doing that. Of course, it is okay in Whitehall, but it is not okay if it is at your home. We have had examples where people have had complaints and protests against them at their home or business repeatedly and frequently. We have to at least consider this when scrutinising this legislation. It is important to them, even if some people do not think it is important in general.
A question was raised as to whether police officers could assess whether noise “may” cause damage. That is a reasonable question, but, of course, police officers do this type of thing every day. They have to decide whether a breach of the peace is likely, and they might make an arrest or make an intervention around threatening behaviour. Whether something may happen is one of the things that they have to decide. They are just normal people who have to make a reasonable assessment. I do not worry about them too much on those grounds: they make that sort of decision every day and I suspect that they can carry on making it even if this was to be made further legislation.
There was a question about whether the police could intervene in a particular protest if there were tens of thousands of people involved and they were causing lots of noise. Could the police intervene and do they have enough staff? That is a fair question, but, of course, they do not have to intervene on that day. Perhaps it is impossible to intervene, but they can use that as evidence to decide whether to impose a condition in the future. That is one of the reasons why we have law: to decide whether you are able to impose conditions, what the reasons are for the conditions, and whether you can gather enough evidence to say that your “may” is a reasonable test. Therefore, it may not be on the first occasion that the protest happens, but it may be on the subsequent one, which, if noble Lords accept my argument, is something that at least has to be considered if there are repeated protests causing excessive noise for people, making it difficult for them to enjoy their lives.
I understand why people complain about this government proposal, but I honestly think that the people who oppose it have not yet addressed how they would deal with the problem if it was their home, their parents or their business. How do they intend to stop
the noise, which can be so damaging to life? That is the question I would ask but, broadly, I support the Government’s proposal.