PARLIAMENTARY DEBATE
Political Violence and Disruption: Walney Report - 22 May 2024 (Commons/Commons Chamber)
Debate Detail
Lord Walney’s timely and compelling report identifies a rising tide of extremism in this country. Its central finding is that political intimidation and the incitement of hatred by extremist groups and individuals are infringing on the essential rights and freedoms of the British people and those they choose to represent them in politics. In recent months, we have too often seen intimidatory and aggressive protest activity, with frequent disruption to our democratic processes, be that protests outside MPs’ homes and council meetings or shutting down events where people from both sides of this House have been speaking.
Lord Walney eloquently describes the threat posed by the extreme right as well as the extreme left, whose activists, in his words,
“systematically seek to undermine faith in our parliamentary democracy and the rule of law.”
This has a very real impact on the elected representatives who choose to dedicate themselves in service to the public. Lord Walney highlights the 2023 Local Government Association survey’s finding that 70% of local councillors felt
“at risk at least some of the time”
while fulfilling their role. It also has an effect on the public servants working to make their communities a better place up and down the country.
I was particularly struck by the section on protests at schools. The purpose of schools, as I am sure we can all agree, is to educate our children and to teach students how to think, not what to think. Our teachers must be free to do this without fear or favour. While it is right that schools consult parents on sensitive issues, it is not their job to appease pressure groups, self-appointed community activists or religious institutions. That is why I was deeply concerned by the aggressive protests targeting schools detailed in Lord Walney’s report. It is unacceptable that, in Birmingham, one assistant head had to be escorted in and out of their school for their own safety. It is unacceptable that, in Batley, a teacher and his family are reportedly still in hiding after being accused of blasphemy.
There is no right not to be offended in this country. No religion or belief system is immune from criticism or exempted from our liberal democratic tradition. Blasphemy laws are incompatible with British values and principles. The effect that these incidents have had is utterly unacceptable. Every politician and public servant, at all levels and across all parties, must be able to perform their duties without fear. This transcends party dividing lines. We must all stand up for our shared democratic values and freedoms.
This Government will take every possible step to safeguard the people and institutions upon which our democracy depends. We recently committed an additional £31 million to bolstering the protection of elected representatives and our democratic processes, an investment that will be used to enhance police capabilities, increase private security support for those facing a higher risk, and expand cyber-security advice. This investment is underpinned by the defending democracy policing protocol, agreed with police chiefs, to ensure a robust policing response to disruptive activity, including the provision of dedicated, named police contacts for all elected representatives and candidates to liaise with on security matters.
As Lord Walney sets out, it is vital that we take action to manage and limit the impact of protests that descend into violence and disruption. These have not just resulted in vile displays of antisemitism on our streets and aggressive, disruptive tactics deployed by some protestors; they have also drained police resources, as officers are redeployed away from their frontline duties to protect the British public from criminals who target them with fraud, theft and violence.
We must not forget that it is the British people who pay for this. We must not permit the selfishness of an extremist minority to deprive them of the services they are owed and should rightly expect. That is why, over the coming weeks, the Government will look carefully at Lord Walney’s recommendations on public order, and will look at changing the thresholds for imposing conditions on protests and the way in which they are applied. This includes amending the threshold to prevent protests from going ahead on account of the cumulative impact of serious disruption, or where there is the threat of intimidating and abusive conduct based on the persistence of previous arrests.
In addition, we will consider Lord Walney’s recommendation for putting greater responsibilities on protest organisers to limit disruption, and to allow the police to account for demands on their resources in setting conditions, to ensure wider public safety in their jurisdictions beyond protests. The Home Secretary, the Policing Minister and I will be considering the merits of these suggestions over the coming weeks.
The Government are already introducing measures through the Criminal Justice Bill to crack down on dangerous disorder, many of which were inspired by working closely with Lord Walney over recent months. The Government have also introduced serious disruption prevention orders to allow courts to place requirements or prohibitions on an individual aged 18 or over that they consider necessary and proportionate to prevent that individual from causing serious disruption.
We must go further in tackling the root causes. In this vein, the Government have updated the definition of extremism to be used by Government Departments and officials, alongside a set of engagement principles. This is to ensure that they do not, inadvertently or otherwise, provide a platform, funding or legitimacy to groups or individuals who attempt to advance extremist ideologies that would deny our fundamental rights and freedoms.
I thank Lord Walney for his tireless effort in bringing the report together, and we will continue to work closely with him to ensure that his findings inform ongoing policy development. We will, of course, update Parliament on our progress at the appropriate time.
There is no doubt that extremism poses a threat to our democracy. Left unchecked, it would eat away at the very foundations of our society and the liberties of our people. This Government will not allow that to happen. We will hold ever faster to the values of freedom and tolerance that make our country great. We will use every available tool to combat those who seek to divide us and the poisonous ideologies they espouse. And, in the end, we will defeat extremism in all its ugly forms.
I commend this statement to the House.
It is important to say from the outset that the Opposition absolutely respect the fundamental freedom to make legitimate, peaceful protest but, when that freedom is abused to intimidate, harass and harm others, safeguards must be put in place to protect the public and our democratic system as a whole. We have seen in recent months that people have been intimidated and have felt threatened due to protest activity.
I therefore agree with the Minister that this is totally unacceptable, and there must be no no-go areas in our country. That is why we have been crystal clear that where there are public order offences, hate crime offences or terrorist offences on marches and demonstrations, they must face the full force of the law. The police have our full support in taking swift and robust action. Furthermore, we have been crystal clear that our police forces need the utmost clarity and support to carry out sometimes complex policing operations around protests.
The Walney report on political violence and disruption deals with some of the most fundamental and sensitive cornerstones of our democratic society. The Opposition will therefore go through and consider the report’s 41 recommendations very carefully, with an approach that our long and proud tradition of the right to peaceful protest must never be undermined by criminal or threatening activity on Britain’s streets.
In the first instance, I will touch on two points discussed in the report before asking the Minister a couple of questions.
The first point relates to whether the police should have more powers to ban protests that are intimidating or disruptive. It is important to note that the police already have powers under the Public Order Act 1986 to place conditions on protests, including amending routes and timings. They also have the power, in cases where there may be serious public disorder, to apply to the Home Secretary to prohibit a particular protest from taking place.
In addition, we have already had several new pieces of public order legislation in recent years that, in some cases, police forces are still getting to grips with. With this in mind, we believe the focus should be on making the existing framework work to make sure that the police can take robust action against those engaging in hateful or criminal behaviour on our streets. That said, we will look at this recommendation in more depth and see what the Government bring forward, because it is vital that everyone in our country feels safe on our streets.
The second point relates to protest organisers paying policing costs. The report’s recommendation raises a series of practical considerations about which organisations would be forced to pay and under what circumstances. Again, we think the focus at the moment should be on making existing legislation work but, as with the rest of the report, we will examine these recommendations in more depth and see what the Government bring forward.
Before asking the Minister a couple of questions, I welcome that the report raises serious concerns about the growing intimidation of Members of this House and local councillors. The Minister knows that, through the Defending Democracy Taskforce, we will continue to support the Government in their important work. He also knows that I stand ready to work closely with him to support his vital work in this area.
The report has been published amid activity across Government to counter extremism, bolster community cohesion and protect our democracy from malign forces, not least the work under way in the Department for Levelling Up, Housing and Communities after the definition of extremism was published in March, and the work of the Defending Democracy Taskforce. I therefore ask the Minister to explain how other relevant Ministers in other relevant Government Departments will be involved in the preparation of the Government’s response to the Walney report.
Lord Walney’s work started in 2021 and, entirely understandably, had to be revised in the aftermath of the 7 October attacks. Although there had to be proper consultation and careful thought applied to such important matters, does the Minister think it would have been helpful if the report had been published sooner? I also point out to the Minister that the counter-extremism strategy is nine years out of date, while the hate crime strategy is now four years out of date. What plans does he have to update them?
To conclude, let me be clear that we on the Labour Benches will work to ensure that these threats are countered. We will work to defend the values of freedom and tolerance that are the cornerstones of our democracy, and we will work to defeat all those who seek to harm and undermine our way of life—in that, we will be unrelenting.
I am particularly grateful that the hon. Gentleman is open to looking at certain areas of this report seriously, such as the question of where costs should lie. Football clubs have to contribute to the cost of policing matches, and Wimbledon has to contribute to the cost of policing tennis, and yet here are organisations costing tens of millions of pounds in policing costs each year, and doing so as though this was their own private fiefdom. It strikes me as a very odd way of behaving. I also welcome the hon. Gentleman’s approach to the Defending Democracy Taskforce and the support he has offered for it today.
Let me just answer the hon. Gentleman’s questions briefly. We will be discussing with DLUHC—as he knows, it is an important participant in this discussion—and other relevant departments, including the Ministry of Justice, how to take these recommendations forward and which to adopt. I am sure he understands that I will update the House in the usual way at the appropriate time. I am also grateful for his support on that.
I wish to draw particular attention to Lord Walney’s recommendation 20 on requiring the organisers of repeated protest marches to contribute to the cost of policing. Last Sunday, the relatives of the wartime Telegraphist Air Gunners held their commemoration service in a nearby church, rather than at the Fleet Air Arm memorial on the seafront at Lee-on-the-Solent, because to do the latter would have involved a road closure and policing for which their little association would have had to pay. Even if one says there should be a wider regime where political protest is concerned, after one large protest on a particular cause, the repetition of the same protest week in, week out—possibly for intimidatory purposes—should certainly not be cost-free to the organisers.
Just yesterday, Liberty won a notable victory at the High Court. The Tory anti-protest laws have led to substantially increased exposure to criminal sanctions on the part of protesters exercising their civil rights, and the court found that the Home Secretary had failed to consult groups who may be affected. Last year, when we debated the statutory instrument on which that court case was founded, I criticised the wide and vague definitions within that SI, which led the Government to that challenge. We certainly do not need more illiberal legislation—that goes against our democratic principles, does it not?
It is in that context that we have Lord Walney’s doorstop of anti-democratic measures in front of us today. I note that Lord Walney has a serious conflict of interest in this matter, as a paid adviser to defence and oil and gas interests—a matter of public record. To say that there should be further restrictions on groups such as Just Stop Oil or anti-war demonstrators smacks of a conflict of interest. It certainly strikes me, as somebody who has been on many protests over the years, that the author of this report must have been on very few, based on his lack of understanding of such protests, how they are organised and the types of people who attend them.
I also ask the Minister if he will take this opportunity to clarify what the Prime Minister said the other week when he put people who support the democratic self-determination of their country in the same bracket as those who support extremist regimes around the world. Scottish nationalists are not extremists. We have been asking for our independence for a very long time and in democratic ways.
I also wish to—[Interruption.] Madam Deputy Speaker, it is a very long report. I also wish to criticise in particular recommendation 4, which says:
“Serious incel-related violence in the UK should not be routinely categorised as terrorism”,
which I think is extremely worrying. I would ask the Minister to reconsider that. In the online space, I also feel there are a lot of contradictions, as the report says that platforms should not use artificial intelligence but that the police should be empowered to do so.
The suggestions that Lord Walney has set out are just that—suggestions. They are suggestions that the Government will look at, consider and come back to, and I will update the House as soon as we have been able to do that. However, if liberty means anything, it means the ability to travel freely to the synagogue on Saturday, to the mosque on Friday, and to the church on Sunday. It means being free from intimidation. It means the ability to enjoy life in the United Kingdom free of those pressures and terrors. This Government will always stand up for those freedoms.
My hon. Friend makes a very good point that we need a little bit of recognition about who we all are—not just elected Members but others who are campaigning in favour or against a political issue. By and large, people approach issues in our democracy from a position of interest in the common good and support for each other, their families, communities and neighbours, but the treatment that somehow comes out of people when they are anonymous can be simply vile.
This country is extraordinary for many reasons. One thing that I love about it is the fact that many people from many different backgrounds have found their home here and have found their voice here and made it strongly. The transformation that has made to our country for the good is remarkable. I am hugely proud of that. To see that voice silenced by people, as the hon. Lady says, because they happen to be a female fire officer, is simply unacceptable, and I will certainly talk to the Minister for Crime, Policing and Fire to see what more we can do.
The hon. and learned Lady’s approach is pragmatic, as usual, and I am grateful for that. This is a challenging report. The points that she makes about our having the civil rights to assemble, debate and discuss are correct. This Government are not trying to—and never will try to—silence the British people. Hearing the voices of our fellow citizens in the ways in which they choose to express them is, of course, part of a democracy, but the ways in which they choose to express them is also mitigated by the ways in which we choose to live as a community. Those choices we call laws, as she knows. My hon. and learned Friend is absolutely right in holding all of us to the principles that we have agreed in advance. What we are looking to do is ensure that those prior agreements—those laws—reflect the reality that everybody has the right to express their views and to live freely in our society, and that extremism and extremists have no place in it.
As somebody who believes in freedom of protest, do I believe that there should be an unlimited, totally unfettered right to cause huge disruption to the majority of people who just want to go about their lives, no matter the economic cost? That includes, for example, Suffolk constabulary having its resources pulled to help out with the management of these protests. No, I do not think that there should be a totally unfettered, unlimited right, so I would welcome it if this report could help to address that. Does my right hon. Friend agree that, when it comes to hate—be that anti-Muslim hate or some of the antisemitism we have seen in recent months—it should be tackled and be seen to be tackled as it is happening, not simply after the event?
I would like to make my next point extremely clearly. It is a point that was made to me by a middle-class Muslim family—not in my constituency—who have been friends of mine for many years. One of them said to me something that struck home very hard. They have been trying to protect their teenage kids, as we all do, from the kind of hatred and inspiration to hatred that is now all too prevalent online, through social media and sometimes other means. They do what responsible parents do: they make sure that their kids are home at a reasonable hour, and that they are part of community groups that support their lifestyle and values. Then they see broadcast on national media the kind of despicable hatred that inspires people to radicalisation and extremism and, sadly, they say, “It is not your son who is likely to be radicalised into Islamist hatred; it is mine.” I am afraid that he is absolutely right.
It is the responsibility of this Government, and any British Government, to protect the interests of every British citizen. Frankly, it would be racist and deeply unacceptable to consider that the radicalisation of one child is worth more or less than that of another. It is not, and it is wrong. That is why we will stand up against it. That is why, as my hon. Friend said, some of these protests are not just public order offences, but incitement to radicalisation and hatred, and they should be treated as such immediately.
“convene a process to examine the potential issue of juries acquitting defendants and judges applying laws differently when they are transgressed in the name of progressive causes like climate change and anti-racism”.
We have enjoyed the right to trial by jury in this country since before Magna Carta, and this report is undermining that. It is a sham report, and I hope the Government understand that.
I am not alone in being targeted on my own—many Members present have talked about it—but the parliamentary police tell me that such behaviour is completely normal and acceptable within a democracy, that this man had a right to express his opinion, that MPs should expect to be contacted wherever they are in the street and whoever is with them, and that if our families are distressed that is just unfortunate. The report talks about a Speaker’s Conference. We have an election in the offing. Many of us have spent years encouraging a diversity of candidates to come forward, particularly women with children. Does the Minister agree that we need an urgent Speaker’s Conference to get the balance right in how we can all protect our families, because we are parents and carers as well as politicians?
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