My Lords, with the leave of the House, I shall speak also to Motion C.
Amendment 1 provides a definition of “serious disruption” which is the trigger for a number of offences and powers contained in the Bill. As I explained when this was first considered on Report, the Government do not believe that the amendment is appropriate. First, it does not read compatibly with the measures in the Bill—a point made by several of your Lordships during that debate. Secondly, it does not set an appropriate threshold for what constitutes serious disruption, which is why, on Report, the Government supported the definition proposed in the amendments tabled by the noble and learned Lord, Lord Hope of Craighead. The Government have brought an amendment in lieu to more closely align the definition with that proposed by the noble and learned Lord and to address these two issues. The new proposed threshold is rooted in case law from both the Court of Appeal and the Supreme Court. It now has the support of the other place.
The noble Lord, Lord Coaker, has tabled Motion A1, which replaces the “more than minor” threshold in this amendment with “significant”. I will paraphrase the noble and learned Lord, Lord Hope of Craighead, who, when this was debated on Report, expertly argued why “more than minor” was an appropriate threshold. There is no question that minor disruption is not only acceptable but is a constituent part of the right to protest. However, when disruption exceeds this, the police should intervene. The use of “more than” implements this concept in law, which is why the Government continue to support the formulation of the noble and learned Lord. We encourage your Lordships to support Amendment 1A.
Motion C relates to journalists. This group concerns Amendment 17, which seeks to establish a specific safeguard for journalists and bystanders during protests. It is in response to the unlawful arrest of the LBC journalist, Charlotte Lynch, and others by Hertfordshire Constabulary in October 2022. The Government are clear that the role of members of the press must be respected. They should be able to do their job freely and without restriction. However, we remain of the view that the amendment is unnecessary. The police may exercise their powers of arrest and powers to maintain public order and public safety only in limited circumstances specified in law. Therefore, there is no need whatever for carve-outs of circumstances where these powers cannot be used.
However, we recognise the strength of support for this amendment. Sometimes there is a need to send a signal as to the values and principles we stand for; this is one of those times. That is why the Government brought forward an amendment in lieu in the other place. It accepts the principle of the amendment while also minimising the risk of unintended consequences. We make it explicit that the police may still use their powers on those reporting and observing protests when it is necessary and lawful to do so. The police must still be able to exercise their powers on journalists and observers who break the law or who put public safety at risk.
Amendment 17A was supported by the other place, including by the Opposition Front Bench. I hope that it will now also be accepted by your Lordships’ House. I beg to move.
3.30 pm
Motion A1 (as an amendment to Motion A)