PARLIAMENTARY DEBATE
Crime and Policing Bill - 14 April 2026 (Commons/Commons Chamber)
Debate Detail
Lords amendment 263, and Government amendments (b) to (g) to Lords amendment 263.
Lords amendment 361, and Government amendments (a) to (e) to Lords amendment 361.
Lords amendment 2, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 2.
Lords amendment 6, and Government motion to disagree.
Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu of Lords amendment 10.
Lords amendment 11, and Government motion to disagree.
Lords amendment 12, and Government motion to disagree.
Lords amendment 15, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 15.
Lords amendments 256 and 257, Government motions to disagree, and Government amendments (a) and (b) in lieu of Lords amendments 256 and 257.
Lords amendment 258, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 258.
Lords amendments 259 and 260, Government motions to disagree, and Government amendments (a) to (d) in lieu of Lords amendments 259 and 260.
Lords amendment 264, Government motion to disagree, and Government amendments (a) to (f) in lieu of Lords amendment 264.
Lords amendment 265, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 265.
Lords amendment 311, and Government motion to disagree.
Lords amendment 333, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 333.
Lords amendment 334, and Government motion to disagree.
Lords amendment 339, and Government motion to disagree.
Lords amendment 342, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 342.
Lords amendment 357, and Government motion to disagree.
Lords amendment 359, and Government motion to disagree.
Lords amendments 360 and 368 to 372, Government motions to disagree, and Government amendment (a) in lieu of Lords amendments 360 and 368 to 372.
Lords amendment 439, and Government motion to disagree.
Lords amendment 505, and Government motion to disagree.
Lords amendments 1, 3 to 5, 7 to 9, 13, 14, 16 to 255, 261, 262 and 266 to 299.
Lords amendment 300, and motion to disagree.
Lords amendment 301, and motion to disagree.
Lords amendments 302 to 310.
Lords amendment 312, and motion to disagree.
Lords amendments 313 to 332, 335 to 338, 340, 341, 343 to 356, 358, 362 to 367, 373 to 438, 440 to 504 and 506 to 532.
Given the number of Lords amendments, I will focus my remarks on the Government amendments made in response to commitments given on Report in the Commons last June by my predecessor as Policing Minister, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson)—she was sitting on the Front Bench earlier—before outlining the Government’s response to the 19 non-Government amendments added in the other place.
First, my hon. Friend the Member for Lowestoft (Jess Asato) rightly raised concerns about the depiction of strangulation and suffocation in pornography, an issue which was also highlighted by Baroness Bertin’s independent pornography review. As set out in our violence against women and girls strategy last December, the Government have announced our intention to criminalise the possession and publication of pornographic images that depict strangulation and suffocation, and Lords amendments 261 and 262 give effect to that commitment.
Secondly, my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) rightly pressed the Government on when we would deliver our manifesto commitment to make all existing strands of hate crime an aggravated offence. I am pleased to commend Lords amendment 301, which extends the existing racially and religiously aggravated offences to cover hostility based on sex, sexual orientation, disability and transgender identity.
Thirdly, my hon. Friend the Member for Gower (Tonia Antoniazzi) pointed to the long-term impact, including on employment opportunities, for those convicted of the offences of loitering and soliciting while under 18. Lords amendments 270 and 271 therefore introduce a new disregards and pardons scheme for anyone convicted or cautioned as a child for those offences.
I will now turn to the 19 non-Government amendments added in the other place. First, Lords amendment 2 seeks to bar the issuing of fixed penalty notices by enforcement companies and contractors for profit. The Government do understand the concern about enforcement agencies issuing fixed penalty notices where there may be a financial incentive to do so. To be clear, local agencies are expected to issue fixed penalty notices only when it is appropriate and proportionate to do so. However, Lords amendment 2 risks weakening crucial enforcement action to tackle antisocial behaviour. Our amendments in lieu instead provide that statutory guidance will address the need to ensure that the issuing of fixed penalty notices by authorised persons is proportionate.
On Lords amendments 6 and 10 to 12, I fully appreciate and understand the damage that fly-tipping can do to our communities. The Government’s waste crime action plan, published on 20 March, sets out proposals to radically improve enforcement in this area, including by granting courts the power to impose between three and nine penalty points on the driving licence of those convicted of fly-tipping where driving a vehicle was used in or for the purposes of the offence. Our amendment in lieu implements this commitment.
Turning to Lords amendment 15, on its introduction the Bill provided for a maximum four-year prison term for those convicted of a new offence of possession of a weapon with intent to cause unlawful violence. While this was drafted in line with other possession offences, the Government accept that the intent element of this new offence justifies a higher maximum penalty. Our amendment in lieu therefore provides for a seven-year maximum rather than the 10 years provided for in the Lords amendment, which we believe is disproportionate given that this remains a possession offence.
Lords amendments 255, 256, 258 to 260 and 505, introduced by the Government and by Baroness Owen and Baroness Bertin, all seek to further tackle the proliferation of demeaning and degrading intimate images online. The Government share these aims, and we are clear that intimate image abuse is completely unacceptable.
Lords amendment 255, brought forward by the Government, will criminalise the making, adapting and supplying of nudification tools. These tools use artificial intelligence to create deepfake, non-consensual intimate images, many of women. While creating, sharing and threatening to share non-consensual intimate images is already illegal, this amendment goes further, and criminalises the developers making and supplying these tools. As well as the criminal duties, once this new offence is in force the requirements of the Online Safety Act 2023 will kick in. This means that social media services will be required to take down content that supplies nudification tools, and search engines will have to reduce the visibility of search results linked to these tools.
Furthermore, the Government have brought forward Lords amendment 367 to take a power to extend the scope of the Online Safety Act 2023 to cover unregulated AI chatbots. It means that general-purpose AI chatbots, such as Grok, which allow the creation and sharing of non-consensual intimate images, will have to proactively remove that illegal content from their services or face enforcement from Ofcom. Taken together, the measures will deliver an effective ban on nudification tools. Given that, we do not believe that a separate possession offence, as provided for in Lords amendment 505, would make a meaningful difference, not least as many such tools are accessed online, rather than possessed.
Where a person is convicted of an intimate image offence, we agree that it is vital that those images are deleted from the perpetrator’s devices. Amendment (a) in lieu of Lords amendment 258 enables the courts to make an image deletion order following a conviction for an offence related to intimate image abuse. Breach of the order will be a criminal offence. The amendment also enables the courts to require the deletion of other intimate images of the same victim. This approach gives courts the required flexibility to consider the details of each case when applying their powers, while ensuring that the offenders are held accountable for compliance with the order.
Online platforms need to do more to ensure that non-consensual intimate images are removed quickly, as my hon. Friend said, and not after the 24-hour timeframe envisioned by Lords amendment 256. To that end, amendment (a) in lieu of Lords amendments 256 and 257 strengthens platform and senior executive accountability by making it a criminal offence for a service to breach an enforcement decision by Ofcom on duties to deal with and remove reported non-consensual intimate images. That means that senior executives of the service could be criminally liable for the breach. As well as taking this enforcement approach, the Government are also strengthening safeguards against malicious reporting. We will also bring forward regulations under existing powers in the Online Safety Act to amend schedule 8, so that Ofcom can require providers to be fully transparent about both the speed of intimate image removals, and how clearly and effectively platforms enable users to report such content.
In addition to bringing in the take-down duty, we will give statutory backing to a register of non-consensual intimate images. Amendments (a) and (d) in lieu of Lords amendments 259 and 260 will enable the Government to designate a trusted flagger, most likely the revenge porn helpline. That will give Government backing to a trusted source of NCII content that can be used by platforms and internet service providers to identify those images. The amendments will also enable the Government to make further provisions, by regulations, on the operation of the register, following a scoping exercise. Those provisions include provision for the Secretary of State to impose requirements on providers to share hashes, and other information deemed necessary, with the register. Hashes, for the benefit of the House, are unique codes used to mark non-consensual intimate images. The scoping exercise will allow us to evaluate the technical requirements, so that we can ensure that the register can be used by victims, platforms and internet service providers to remove or block NCII content. As Lords amendment 260 recognised, proceeding by regulations will enable us to properly evaluate the requirements necessary to ensure that the register operates as effectively as possible.
Turning to two more amendments from Baroness Bertin, Lords amendments 263 and 265, I think we in this place all share her determination to stop the spread of dangerous, demeaning and illegal pornographic content online. On Lords amendment 263, I completely agree that there is a need to curtail the depiction of step-incest pornography, in cases where what it portrays is illegal. The Government’s amendment in lieu will extend the new offence of possession and publication of incest porn to include depictions of step-incest where one of the persons is portrayed as being under 18. Additionally, amendment (a) in lieu of Lords amendment 265 addresses the concerns raised by Lords amendment 265 by criminalising the possession or publication of pornography that depicts an adult credibly role-playing as a child. That makes it clear that content that mimics and risks normalising child sexual abuse will not be tolerated. But we will not stop there. As well as introducing those offences, the Government have committed to producing a delivery plan for how we can close the gap between the regulation of online and offline pornographic content. What is illegal offline should be illegal online.
Lords amendment 264 rightly raises concerns about how we best strengthen safeguards against the sexual exploitation of persons appearing on pornographic websites, an issue raised by my hon. Friend the Member for Lowestoft on Report. We agree with the principle and the need to address this issue, but further work is required across Government on considering what the most effective approach would be to strengthening arrangements to ensure that persons appearing in pornographic material are aged 18 and over, and consent to the material being shared online. Government amendments (a) to (f) in lieu of Lords amendment 264 place a duty on the Secretary of State to report to Parliament on the outcome of this work within 12 months of the Bill receiving Royal Assent, and introduce a power to make regulations giving effect to that outcome.
Lords amendment 311, introduced by Lord Walney, seeks to grant a power to the Secretary of State to proscribe organisations deemed to be extreme criminal protest groups. The Government understand the concerns expressed in both Houses about the sustained impact of criminal activity by certain protest groups, and, where such conduct meets the threshold for a proscription order under the Terrorism Act 2000, the Government will act, and have already acted. However, we are not persuaded that the introduction of a proscription-lite regime is necessary or proportionate in instances where that threshold is not met. This view is shared by Jonathan Hall KC, the independent reviewer of terrorism legislation, who recently expressed concerns about the adverse consequences of this amendment for the established proscription regime in the Terrorism Act 2000. I urge hon. Members to read the four-page note that he published online last week.
Turning to Lords amendment 333, tabled by Baroness Buscombe, I fully agree that the Government, local authorities and law enforcement agencies need to do all they can to tackle money laundering and associated criminality on our streets. The high streets illegality taskforce, announced by my right hon. Friend the Chancellor of the Exchequer in her most recent Budget, will examine the use of enforcement powers in this light, including the closure power. It will have a £10 million budget to support its work. While we support the principle of extending the duration of closure orders, we should first consult to avoid any unintended consequences on legitimate businesses or residential premises. Accordingly, amendment (a) in lieu of Lords amendment 333 will enable us, following targeted consultation, to extend the maximum duration of closure orders and, if necessary, to make different provision for commercial and residential properties.
I know that my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn), and for Leigh and Atherton (Jo Platt), have been campaigning on high street illegality, and will no doubt speak about it later. I want to assure them and others in this place that we know that we need to go further, as we will, not just on this measure, but on the wider challenge of high street illegality. We will be very keen to work with Members in this place on that work.
On Lords amendment 339, the Government are already commissioning an end-to-end independent review into the police misconduct process, and the issue of misconduct proceedings following the acquittal of a police officer at a criminal trial will be examined as part of that review. However, creating a blanket presumption that in all such cases, officers should not face further disciplinary action is wrong in principle. The police misconduct process operates at a different evidential threshold and considers different issues from a criminal trial, including whether an officer has breached standards of professional behaviour.
On Lords amendment 342, the Government fully agree with the principle that a court should impose a youth diversion order only where it is necessary and proportionate. The Bill already ensures that an order can be imposed only where it is necessary to protect the public from a risk of terrorism or serious harm, but enshrining in the statute the evidence that must be presented to a court to support an application for an order risks building inflexibility into the process. Our amendment (a) in lieu makes it clear that the statutory guidance to be issued under proposed new section (1A) may, among other things, provide guidance to chief officers on consideration of alternative interventions and how they should engage multi-agency youth offending teams before applying for an order.
On Lords amendment 357, the Government are clear that glorifying acts of terrorism can cause serious harm, which is why the offence of encouraging terrorism was introduced 20 years ago. This offence criminalises statements that may encourage another person to commit an act of terrorism and sits alongside broader terrorism legislation, which includes offences such as inviting support for a proscribed organisation. Critical to the encouragement offence is the historical safeguard, which ensures that the right balance is struck between criminalising statements that could generate terrorist risk and not inadvertently criminalising discussion of historical events that carry no similar risk today.
I will say two other things to the right hon. Gentleman. First, the independent reviewer of terrorism legislation, Jonathan Hall KC, strongly advised against the removal of the historical safeguard in his review of terrorism legislation following the 7 October attacks in 2023. Secondly, in the light of the concerns that have been raised in the Lords and by Members in this place, the Government will ask the independent reviewer to conduct a more detailed review of the encouragement offence within six months of Royal Assent.
Let me turn to Lords amendment 359. It is a long-standing principle that has been adopted by successive Administrations that the Government do not comment on which organisations are being considered for proscription. Mandating that the Government review whether to proscribe Iranian Government-related organisations would violate this principle and tie the Government’s hands unnecessarily. The Government are already taking decisive action to deter threats from Iran, and we have committed to introducing a new state threats-based proscription tool.
I turn now to Lords amendments 360 and 368 to 372 tabled by Baroness Kidron, which concern chatbots. The Government are clear that we need to act quickly to bring all unregulated AI chatbots within the scope of the Online Safety Act’s requirements on illegal activity. As I mentioned earlier, the Government are seeking to take a regulation-making power to do this, under Lords amendment 367. By taking this power, the Government will be able to remove any ambiguity over whether services like Grok are subject to the Online Safety Act’s provisions to tackle illegal content. This approach also allows us to design regulations that are effective, targeted and informed by necessary consultation with subject matter experts. Amendment (a) in lieu of Lords amendment 372 commits the Government to reporting to Parliament by the end of the year on our progress to develop regulations.
During Report stage in the Lords, peers voted overwhelmingly in support of the safety-by-design approach. They also understood that when it comes to the design of something, harm includes building in aspects that are addictive and manipulative, which have been key to some of the very tragic suicides of children who have interacted with AI chatbots. What do the Government have against building safety by design into the very purpose of AI chatbots?
We are clear that regulation is a more effective and proportionate tool than the criminal law for addressing risks from AI chatbots and setting industry best practice. Incorporating currently unregulated chatbots into the scope of the Online Safety Act will ensure that such regulation applies extraterritorially, which is crucial when dealing with international companies.
The Government’s approach is also broader in scope than the content of amendments 360 and 368 to 372. Those amendments would not capture image generators creating non-consensual graphic images of women or online AI chatbot toys such as Gabbo. The Government’s amendment in lieu does capture such services and allows them to be clearly brought under online safety regulations.
Finally, hon. Members will recall that on Report, the House decided to disapply the criminal law relating to abortion in respect of women acting in relation to their own pregnancy. Their Lordships agreed amendment 361, which would provide for automatic pardons for women previously convicted or cautioned for an abortion offence in relation to their own pregnancies and for the deletion of certain details from court and police records.
I stress that the Government remain neutral on the substance of clause 191 and Lords amendment 361, but we have a duty to ensure that the law is operationally and legally workable. Accordingly, we have tabled amendments (a) and (e) to Lords amendment 361 to ensure that the deletion of details from relevant official records can operate as intended.
I hope that I have demonstrated that we have sought to engage constructively with the non-Government amendments carried in the Lords.
My hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will know that the cumulative disruption amendment was announced by the Home Secretary after the Heaton Park attack. Perhaps we will come to this more in closing the debate, but I think there is a lack of understanding in some quarters—I do not mean my hon. Friend—about the nature of that amendment. To be clear, sections 12 and 14 of the Public Order Act 1986 empower senior police officers to impose conditions on processions and on public assemblies respectively. They can impose conditions only under certain criteria to prevent serious public disorder, serious damage to property or serious disruption. We are not changing sections 12 or 14. At the moment, the police can consider cumulative disruption when looking at whether a protest should have conditions imposed on it.
“I have no desire to infringe on—
Does the Minister accept that there is a danger that a future Government might be less benevolent towards workers’ struggles and could exploit those powers? Will she please explain to the House why we have not been given the right to debate, discuss and vote on amendment 312?
If there is a risk of serious public disorder, senior police officers can impose conditions. At the moment, they can consider cumulative disruption as one of the aspects they take into account when deciding whether to impose conditions. To be clear, imposing conditions means things like moving where a march is going, limiting the hours that it can work under or limiting the number of people. They can already take into account cumulative disruption, but we are changing that so that they must take that into account—they must think about it. That does not change the guardrails of sections 12 and 14 of the Public Order Act; it just says that at the moment they can consider cumulative disruption, but in future they will consider it. That is the amendment.
On this Government’s belief in the right to strike and to protest, of course that is sacrosanct and nothing has changed in our view on that. We do not believe that this legislation will stop the right to picket. I know that lots of Members will have views on that and will not be satisfied, but we will always defend the right to strike, and we have absolutely no desire to infringe lawful picketing at all.
We are responding to communities who have recently been feeling the pain of repeated protests, sometimes outside faith organisations—synagogues, in particular. In those cases, we believe that the police should look at the impact of cumulative disruption when they, and not the Government, are deciding whether to impose conditions on those marches.
Madam Deputy Speaker, I should conclude. I hope that I have demonstrated that we have sought to engage constructively. As I have said, I urge the House to support all the changes that we are suggesting together today with the Government amendments brought from the Lords.
On fly-tipping, for example, giving courts the power to issue penalty points to offenders is a straightforward, common-sense step. If someone uses a vehicle to dump waste and blight our communities, it is entirely right that their ability to drive should be affected. Likewise, even though I would have liked the Government to accept the more significant penalty proposed in Lords amendment 15, it is a welcome step that they have recognised the seriousness of the crime when there is an additional element of intent to use unlawful violence, which rightly should have a greater penalty when compared with possession-only offences. It is right that these measures have progressed, even though a great deal of unfortunate wrangling and rejection occurred before they were incorporated into the Bill.
On that note, I will turn to the proposals that the Government have chosen not to accept from our colleagues across the way. I ask Members of this House to give serious consideration to measures that enhance the powers of the police forces and improve their ability to keep our communities safe. For instance, as I have mentioned, Members do not need to be reminded of the scourge of fly-tipping, as we all recognise the adverse impact it can have on our neighbourhoods. On Sunday I saw an appalling incident in my constituency. A huge volume of waste had been dumped near Sadberge, with appalling consequences for our environment, for wildlife and for anybody who wants to enjoy the countryside.
Amendment 6 would ensure that the guidance issued on the enforcement of offences under section 33 makes it clear that, when a person is convicted of a relevant offence, they will be liable for the costs incurred through loss or damage resulting from that offence. As the Government are already setting out guidance in the legislation, why would they not ensure that this guidance was unequivocal that when a person is convicted of fly-tipping, they—not the victims—are responsible for the costs incurred as a result of their offence? Furthermore, amendment 11 would further enable the police to seize vehicles.
On fly-tipping, I believe that removing the instrument of this crime is an effective tool, and it could extend beyond the legislative framework set out by the Government in the waste crime action plan.
However, the measures brought forward in the other place are not limited merely to the issue of fly-tipping. There are important proposals relating to non-crime hate incidents. In Lords amendment 334, colleagues in the other place wisely took the step of ending the investigation and recording of non-crime hate incidents and ensuring that any future incident recording guidance has
“due regard to the right to freedom of expression.”
That is a sensible, necessary measure, as the Government’s proposal appears to be a rebranding of the existing scheme with a more restrictive triage system. Reports would still be logged, personal data would still be recorded and disclosure rules would remain unchanged. Officers and staff would still be tied up monitoring incidents that do not meet the criminal threshold at a cost of time and resources. As Lord Hogan-Howe told the Lords,
“we need to move on from the recording of non-crime hate incidents by removing them altogether from police systems.”—[Official Report, House of Lords, 20 January 2026; Vol. 852, c. 173.]
I am afraid that unless we agree to the amendment, we risk returning to this issue in the future. It is estimated that 660 hours of police time have been spent on non-crime hate incidents. We can change that and see that time invested back into policing our communities.
On antisocial behaviour and illicit retailers, we hear repeatedly from businesses and local communities about rogue premises causing persistent problems on our high streets. If we are serious about supporting the police to do their job, we must ensure that they have the powers they need to tackle not just crime but the wider public nuisance and disorder that too often accompany it.
A range of organisations, including the Chartered Trading Standards Institute, have been clear that stronger powers are needed to deal with rogue retailers. While the current legal framework does provide tools, in practice they are too often insufficient. The time limits attached to closure notices and orders simply do not go far enough. Instead, we see a revolving door: offenders wait out short closure periods, reopen under a different name and continue their activities, sometimes shifting location before enforcement agencies have the chance to complete proper investigations. That is the crux of the problem: the system does not enable action that sticks.
In the meantime, the impact is clear. Our high streets suffer as legitimate businesses lose trade, confidence declines, and responsible retailers who follow the rules and invest in their communities are left competing against those who operate with impunity. There is also a wider impact on our communities, particularly on young people. Premises linked to that kind of activity can become focal points for antisocial behaviour, drawing in vulnerable individuals and exposing them to harm. If we want safer streets and stronger communities, we cannot allow that cycle to continue. Lords amendment 333 offers a practical solution: it would extend the timeframe for enforcement, giving agencies the ability to take action that is thorough, proportionate and, crucially, effective. It is about ensuring that when action is taken, it delivers real results, not just temporary disruption.
To uphold public safety, we must update the law to reflect the current nature of the crimes our society faces. Lords amendment 311 reflects the worrying growth in the number of protest groups that engage in serious criminal activity to further their aims. However, being organisations, they are often shielded from the full force of the law, as was set out in the other House. The designation in the amendment is not terrorist proscription. It aims to restrict membership, promotion, fundraising, organising and material support, with proportionate penalties that are less significant than those that proscribed terrorist groups attract. Although I understand that the Government believe the proposal to be premature given their ongoing review, they have acted for understandable reasons on cumulative disruption. Why should that not be extended to this provision to ensure that there are restrictions on organisations whose purpose is to break the law?
On extreme ideologies, the Leader of the Opposition and the shadow Foreign Secretary have been clear that the Conservative party would work with the Government to proscribe the Islamic Revolutionary Guard Corps. It is apparent to many Members across the House, and to our counterparts in the EU, that the threat posed by the IRGC is real. However, despite their comments in opposition, the Government have not introduced such measures.
We welcome the Government’s adoption of the amendment tabled by my hon. Friend the Member for Gosport (Dame Caroline Dinenage) and supported by my hon. Friend the Member for Rutland and Stamford (Alicia Kearns) to address the depiction of strangulation in pornography. I understand that, through discussions with Baroness Bertin on related subjects, the Government have undertaken to separately progress further measures to tackle pornography featuring 18-plus step-incest—in which one party is the family member of another—and the mimicking of children aged 16-plus, as well as on age verification in pornography. I would be grateful if the Minister clarified those matters further.
I put on record my party’s opposition to Lords amendment 301, which unnecessarily expands the definition of “aggravated offences” to include certain characteristics, even though existing law already covers most of those factors at sentencing, and provides extensive hate crime protections. The change has been introduced late in the legislative process, with minimal scrutiny, raising concerns about transparency. The Law Commission has warned in expert advice that including sex as a protected characteristic in that setting could be ineffective and even counterproductive, as it may complicate prosecutions and create hierarchies of victims. Overall, the amendment appears more symbolic than practical, adding complexity without clear benefit to crime reduction.
The Government have before them amendments that would strengthen our legal system and better protect the public and the police, but we cannot ignore the reality on the ground. Officer numbers have fallen while demand continues to rise, and the Bill will add to that pressure. That is why it matters that, when the police act, they can use the full weight of the law. Without the right powers, higher expectations mean little. Where disorder takes hold, it damages communities and undermines confidence, as we have seen in places like Clapham common.
While parts of the Bill are welcome, there are still gaps. The Lords amendments to which I have spoken would strengthen enforcement and support officers. If we are serious about safer streets, removing them risks falling short of what the public expect.
Alongside the women affected, I am very pleased that once the Bill becomes law, no more women in England and Wales will be subject to the threat of criminal prosecution on suspicion of ending their own pregnancy, but I would welcome clarification from the Minister regarding current investigations. Parliament has been resoundingly clear in its support for removing women from the criminal law related to abortion. Can the Minister confirm that once the Bill becomes law, the expectation is that all current investigations and prosecutions under these offences should be dropped? I would welcome a commitment that she will write to write to police forces in England and Wales, because they clearly have not been listening to the will of Parliament—we are aware of at least three further women having been investigated for ending their own pregnancies since the Commons vote in June.
As well as firmly supporting the decriminalisation of women in cases of abortion, the House of Lords passed an amendment to protect the women already harmed by these outdated laws. I pay tribute to Baroness Thornton, Lord Hunt of Kings Heath, Baroness Watkins of Tavistock and Baroness Miller of Chilthorne Domer for tabling this cross-party amendment. Lords amendment 361 and the Government amendments to it would pardon women found guilty of ending their own pregnancy and expunge the records of investigations, arrests and charges of women under abortion law, whether or not they were found guilty.
That is important. Current law means that abortion offences are classed as serious and violent crimes, so even without a conviction, the fact that a woman has been arrested and interviewed under these offences remains on her Disclosure and Barring Service check for life. That actively harms her job prospects and ability to travel to certain jurisdictions, and it leaves her with a permanent record on police computer systems or, in the case of conviction, a permanent criminal record that she ended her own pregnancy outside the law. Colleagues will remember that the women forced to endure criminal investigations under these offences are overwhelmingly already vulnerable, and are often victims of acute abuse and exploitation. The retention of these convictions and records causes them ongoing harm under a law that Parliament has been clear has no place in modern society.
This includes women whose experiences I spoke of in my speech in this place last year—women like Nicola Packer, who, after experiencing complications in her abortion treatment, was arrested and held for 36 hours in custody, and endured nearly five years of investigation and prosecution. She was found not guilty at trial, but the investigation, arrest and charge remain on her record. It includes women like Laura, a young mother and university student who was criminalised for an abortion using illicit medication forced on her by an abusive partner. She was in a physically, sexually and emotionally abusive relationship, and her partner told her not to go to a doctor. When she was arrested, he threatened to kill her if she told anyone he was involved. She was jailed for two years, and this conviction remains on her criminal record.
Women who have faced investigation or conviction should not have to continue living with the consequences of this outdated legislation—laws that Parliament has finally and rightly decided should no longer apply to women. That is why clause 361 is so needed. While remaining neutral on the issue, the Government have made changes to clause 361 to ensure workability, and I emphatically support them. They take a similar approach to the changes introduced by the Bill for pardons for convictions and cautions for loitering or soliciting when under 18.
We, as legislators, have taken the decision to ensure that no more women endure such barbaric treatment for ending their own pregnancy. The women already harmed by that should not be left behind. Automatic pardons for convictions or cautions, and expunging the records of arrests and investigations, will make things a whole lot better for those women by letting them get on with their lives, participating fully in society again, seeking the jobs and careers they have always wanted, without having to repeatedly disclose or rehash their ordeal, and travelling to places where they wish to go.
Parliament has been clear that no woman should be criminalised for abortion—that matter has been settled. It is now imperative that the women already affected are protected from the enduring cruel legacy of the law, once it is disapplied to women. I implore colleagues to support clause 361 and the Government amendments to it.
In addition, we are deeply disturbed by the use of the Bill to further erode the protest rights of British people. These are hard-won freedoms that were won by the suffragettes, trade unionists and others over many years, but the previous Government and this one are recklessly taking them away for short-term political expedience, so we strongly oppose those measures. That is happening not just because of the measures in the Bill before us today; it is happening regularly under this Government. We must all consider that at some length in this House.
However, I am pleased that the House will today consider two amendments tabled by Liberal Democrats in the other place. Amendment 2 will ensure that private companies are not incentivised to issue as many fixed penalty notices as possible, so more serious antisocial behaviour is prioritised instead. The Government’s amendment in lieu does not go far enough. It substitutes the clear ban on fining for profit with non- statutory guidance. We must remove this perverse incentive with a ban, not guidance that will inevitably be open to challenge.
Amendment 342, another Liberal Democrat amendment tabled in the other place, will change how youth diversion orders are issued, ensuring courts are given a full account of any alternative interventions that have been tried or considered, why those interventions failed and what consultation took place with the child, as well as relevant agencies. Multi-agency input will help courts better understand why other interventions have failed, leading to higher success rates and time efficiency. Crucially, this amendment will mean better outcomes for young people who would otherwise become embroiled in terrorist activity. We call on Members from across the House to support these measures.
The Liberal Democrats are also supporting several other amendments. We support Government amendments 1 and 4 regarding respect orders, which were concessions secured by our Liberal Democrat colleague Lord Clement-Jones. Respect orders will grant police extended powers to tackle antisocial behaviour, with police chiefs given the power to issue orders without oversight. Lords amendments 1 and 4 require the Secretary of State to make appropriate consultations before issuing or revising those orders.
We are backing several further measures that take action on violence against women and girls. We support Lords amendment 294, a concession thanks to the work of our Liberal Democrat colleague Baroness Brinton, which would replace the power to issue stalking guidance by the Secretary of State with a duty to do so. That follows similar provisions in the Domestic Abuse Act 2021, which places a duty on the Secretary of State to issue guidance.
With a view to strengthening online protections, we will support Lords amendments 258 and 259, relating to the non-consensual generation and sharing of intimate images. It is crucial that the law catches up to the reality of abuse being faced by women like Zoe every day. We will support Lords amendment 301 to extend the Crime and Disorder Act 1998 to include protections against hostility motivated by a range of characteristics, including sex and disability. The Liberal Democrats will support Conservative Lords amendment 15, which would increase the maximum penalty for possession of a weapon with intent to use unlawful violence against another person to 10 years, in line with the recommendations from Jonathan Hall KC.
To effectively tackle criminal gangs, we must ensure that the legal system can effectively cut off their revenue sources. The current closure notice periods for shops selling counterfeit goods are too short, and criminal gangs are too often able to survive the economic hit, impacting the prosperity of our high streets. That is why we support Lords amendment 333, which would extent the period in which the police and the magistrates courts may make closure notices to seven days and closure orders to 12 months.
We are supportive of the suggestion in Lords amendment 311, proposed by Cross-Bench peers, that an alternative is needed to proscription. That has been made particularly clear by what has happened with Palestine Action. However, we are cautious about voting for such a change while the outcomes of the independent review of public order and hate crime legislation are not yet known.
Finally, Liberal Democrats are vehemently opposed to the Government’s Lords amendment to give the police unprecedented powers to further restrict the right to protest. That follows a pattern started by the previous Conservative Government, who hacked away again and again at the historical right to protest enjoyed by British people. It is an absolute travesty that that has carried on under Labour. The right to protest is a vital component of our democracy, and Liberal Democrats will fight to defend it.
I urge Members on all sides of the House to put aside their personal feelings about certain ongoing protests and seriously consider what the consequences of this change would mean for our right to challenge those who exercise power over us. Members on the Government Benches might be content with that approach while they are in charge, but Labour MPs must ask what might happen under a future Government who might not adhere to liberal democratic principles.
The Bill proposes giving the police even more powers, including to decide where, when, and even whether a protest takes place. At this very late stage, the other place has now proposed amendment 312, which could lead to protests being not just restricted, but banned outright. That should alarm anyone who cares about democracy, because it should not need pointing out that the whole point of protests is that they are supposed to have a cumulative impact. Should the suffragettes or the Chartists have given up after just one attempt? The UN’s special rapporteur on the rights to freedom of peaceful assembly and of association has recently outlined how far out of step this extraordinary expansion of state power is with international norms.
This Bill and Lords amendment 312 exist in the context of one of the largest and most sustained protest movements in modern British political history. The Home Secretary has not obscured the fact that these proposals are a direct response to the demonstrations for Palestine. Indeed, I have been proud to protest alongside hundreds and thousands of constituents in over 30 major national demonstrations demanding an end to the genocide in Gaza—collective actions to stand up for humanity in the face of the gravest acts of inhumanity. In this context, it is absurd that under these proposals, holding repeated protests could justify far-reaching restrictions and even outright bans.
Where does this lead? Trade unions are asking whether picketing during an industrial dispute would make them vulnerable to heavy-handed interventions. I understand that the Government are supporting Lords amendment 312; I oppose it entirely, and will instead be supporting a motion in the name of my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) to disagree with amendment 312. This assault on the right to protest could lead us down an extremely worrying path, where Governments can become totalitarian and are able to silence whomever they choose.
British democracy has been defined by dissent, and social progression has been achieved by diverse groups mobilising for women’s rights, for LGBTQ+ equality, for workers’ rights, and for solidarity across those causes. I reiterate my opposition to clauses 156 and 158, which deal with wearing or using items to conceal identity at protests. There has not been a fundamental assessment or full clarity about how making
“wearing or otherwise using an item that conceals”
a person’s
“identity or another person’s identity”
an offence, as the Bill states, will work in practice. For example, how will it work for Muslim women who observe hijab or niqab? I understand that a defence has been worked in for those concealing their identity at protests for religious purposes, but it is a defence in law, to be proven only after an arrest and during onerous court proceedings. These clauses will only extend the ways in which black, Asian and minority ethnic individuals are over-represented at every stage of the criminal justice system.
If we believe in democratic values, we must defend the space for protest—loudly and with determination—against attempts to shrink it further. At a time when public trust in political institutions is already incredibly fragile, the Government’s decision to weaken one of the few tools people have to hold power to account is, in my view, irresponsible. This Bill draws another line in the sand between those who benefit from the political establishment and those who wish to challenge it. I am with the protesters, who have my solidarity, because I know which side of history I want to be on.
Fly-tipping costs around £1 billion to deal with each year. That is £1 billion that could be going to other things, rather than being wasted on clearing up people’s mess. I see that in my constituency, but I want to acknowledge the brilliant work done by so many local volunteer groups to tackle the blight on our doorsteps. I also acknowledge the work of Conservative-run Walsall council, which has taken a zero-tolerance approach, investing in enforcement, expanding CCTV, issuing fines and working with the police to seize vehicles linked to fly-tipping.
That is why I recommend, push, promote and welcome the amendments that would give penalty points to those convicted of fly-tipping offences. We must be clear that if someone uses a vehicle to commit this crime, there will be real consequences. Amendments that would allow vehicles to be seized are a welcome further measure. If we remove the means by which this crime is committed, we strike at the heart of the problem. It is no longer enough to tinker around the edges; we need strong action. Enforcement is key, but so is deterrence. That is why I have long argued for stronger action on littering from vehicles, including putting penalty points on people’s driving licences. If people know that there are real consequences, behaviour will change, because ultimately this is about respect—respect for our communities, for our environment, and for the people who take pride in the place where they live. They are the people who make this country a great place to live, and for their sakes, I urge the Minister to listen, to engage, to take action, and to strengthen the Bill, so that actions once again have real consequences.
Let me end with a slogan from Keep Britain Tidy, which some Members may remember: “Don’t be a Tosser”. I say to the Government: don’t toss this matter to one side. Take some firm action, please.
Let me begin by making it clear that I welcome the Bill and the many measures that the Government have introduced. There is much here that will strengthen policing, protect communities, and respond to genuine public concern about crime and safety. However, Lords amendment 312 causes me real concern, because protest is not some peripheral irritation in our democracy. It is not an inconvenience to be managed. It is, in truth, part of the lifeblood of the labour movement, and of every movement that has ever expanded rights, protections or dignity in this country. From the earliest trade unionists to the Chartists to those who organised in the streets when they had no voice in this Chamber, progress in this country has never been handed down; it has been demanded, organised, and often disrupted into being—yes, disrupted. Protest exists precisely because Governments of the day, of all political colours, have too often sought to restrict the expression of public opinion when it has become uncomfortable. We should be honest about that.
Public organising—protest—is how people express their view, but expressing a view is not the same as being heard, and it is certainly not the same as achieving change. Change comes when that expression is repeated, sustained, and cumulative—when it builds pressure over time until it cannot be ignored. That was as true for the suffragettes as it was for those in the anti-apartheid movement. Neither succeeded because they protested once, politely, and then went home. They succeeded because disruption accumulated, because pressure mounted, and because their cause could not be quietly set aside. That is the democratic tradition we inherit, and it is one that we should be extremely cautious about constraining—which brings me to Lords amendment 312.
Whatever its intentions, the amendment represents a continuation of, not a departure from, a trajectory set by the last Government. We have in recent years seen a steady expansion of public order powers, through the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023. At each stage, concerns were raised—by Members on both sides of the House, by those in the other place and by civil liberties organisations—that the balance between public order and the right to protest was being tilted too far, and we are now being asked to accept a further step in that same direction.
It was not so many weeks ago that Gina Romero, the United Nations special rapporteur on the rights to freedom of peaceful assembly and of association, was in this Parliament, expressing horror about the fact that the United Kingdom Government were at the leading edge of these provisions. The rest of the world is looking. Other countries are waiting to see how this plays out in our country, because they intend to copy and paste and do the self-same thing in their jurisdictions. It is perhaps fortunate that Viktor Orbán has gone, because I am pretty convinced that he would be looking to these measures, among others.
Lords amendment 312 does something very specific: it revives, in substance, provisions that were previously rejected. Hon. Members will recall that during the passage of the Public Order Act 2023, the then Government sought, through Lords amendments 48 and 49, to require the police to take account of cumulative disruption when imposing conditions on protests under sections 12 and 14 of the Public Order Act 1986. Those provisions were defeated in the House of Lords, with opposition from Labour, Liberal Democrat and Cross-Bench peers, yet even before the ink was dry on those proceedings and the 2023 Act had received Royal Assent, the then Government sought to achieve the same outcome through secondary legislation: the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023. Those regulations did three things of note: they lowered the threshold of disruption to “more than minor”, introduced the concept of “cumulative disruption”, and expanded police discretion to consider multiple events collectively.
And what happened? The regulations were quashed by the courts in the National Council for Civil Liberties v. the Secretary of State for the Home Department in 2023. They were quashed because the process by which they were brought forward was found to be unlawful. To be fair, the Government have learned from that episode, and Lords amendment 312 is more cautious. It embeds the concept of cumulative disruption in primary legislation, and avoids reopening the broader and highly contentious definition of “serious disruption”, reflecting an incremental approach shaped by judicial intervention and parliamentary resistance. I recognise that, but recognising that the drafting is more careful does not answer the central question: should we be doing this at all? We are being asked to take a concept that was rejected in this House and the other place, and which was unsuccessfully imposed through regulations that were struck down by the courts, and to reintroduce it. It is more carefully packaged but substantively similar.
There is a second concern, which is about the process, because this measure has not come to us in the ordinary way. It has not been introduced as a Government clause in this House, which would make it subject to full debate, amendment and Division; it has been inserted by the Lords. I say gently but firmly that that mirrors the approach that many of us criticised when it was adopted by the previous Government. If we believe that something is important enough to legislate on—particularly something that touches on fundamental rights—it is important enough to be properly scrutinised in this Chamber.
In considering the proposals, we should reflect on very recent events. It has been reported that in the case involving Ben Jamal and Chris Nineham, which I understand is now subject to appeal, the defence argued that at the protest in question, the police relied on powers relating to cumulative disruption that were derived from the 2023 regulations, which were later quashed by the Court of Appeal in the National Council for Civil Liberties v. the Secretary of State for the Home Department. If that account is borne out, it raises serious questions. It means that even without a clear statutory footing, such expansive interpretations are already influencing operational decisions, which underlines the risk that legislating for cumulative disruption may not clarify the law, but instead entrench uncertainty and overreach at the expense of the right to protest.
I say to Ministers that much in this Bill commands support, and there is no need to jeopardise that support by attaching to it a measure that raises serious civil liberties concerns and has not been properly tested in this House. The Government should withdraw Lords amendment 312. If they do not, Members should be clear that this is not a minor or technical issue to be nodded through. It may require the House to divide—if necessary, on a roll-up motion at the end of the proceedings—to ensure that our view is properly recorded and we defend the civil liberties that generations have so proudly fought for.
I and the Liberal Democrats support Lords amendment 333, which would extend the length of closure notices. We campaigned during the general election for a return to proper community policing and to safer high streets and town centres, and ending the scourge of illegal trading must be part of that. Extending the period over which closure notices may be served by police inspectors or local authority chief executives under section 77 of the Anti-social Behaviour, Crime and Policing Act 2014 to seven days, as set out in Lords amendment 333, would be a move in the right direction. I therefore oppose the Government’s motion to strike out that amendment.
Thanks to local publicans in my Taunton constituency who came forward with vital information, I raised illegal trading in Taunton with Somerset council and the local police about a year ago. I would like to pay tribute to police officers like Andy, the trading standards officers and my Lib Dem Somerset councillor colleagues, such as Mike Rigby, overseeing the work that has led to a number of really high-profile closures. Taunton Market, Mr Taunton and Top Market have rightly been closed down, following just the kind of crackdown that was needed. I have a message for anyone else considering that kind of activity in Taunton and Wellington: “Illegal trading isn’t welcome, you will be closed down and you will be prosecuted.”
We need to go further, though. The Chartered Trading Standards Institute has pointed out that we need properly resourced trading standards services, which means tackling the local government funding crisis, particularly the social care funding crisis that is the main burden under which councils are struggling.
Somerset councillors to whom I have spoken about this also want civil penalties against landlords who knowingly let their premises be used for illegal trading, and that has also raised by the Chartered Trading Standards Institute. Those fines should be given to the council both to support trading standards work and to clean up the town centre environment. I believe that repeat offenders among landlords should forfeit their retail property to the council to allow its reuse or regeneration. Behind too many illegal shops are complicit landlords cashing in on the rent from illegal activity, and right now they face no consequences at all.
As well as supporting Lords amendment 333, the main change I am pressing for, following my visit with police officers around Taunton, is to address their frustration with the reality of tackling illegal sales at one end of the counter while trading continues at the other end of the counter in the shops they are tackling. I understand why the law requires that any closure notice must be followed up, under section 80 of the 2014 Act, with an application to the courts for a closure order. Frankly, however, that requirement is a hugely onerous demand on the time of hard-pressed officers, which too often discourages closure notices being served when they are needed.
I am therefore pressing for section 80 to be amended so that closure notices could be served on the authority of a superintendent or local authority chief executive and be effective for up to 14 days, but, crucially, without the requirement to apply to the courts. To ensure a just approach to retailers, exercising such a power would have to be dependent on evidence of unlawful or illegal trading, such as the sale of stolen goods. The Association of Convenience Stores found that 25% of retailers identified stolen goods being sold locally in their areas, including the under-age sale of alcohol, tobacco, vapes or counterfeit goods, such as cigarettes. Enabling a rapid response of this kind would also help to tackle phoenixing, whereby new ventures open a new company just a few doors down from their closed premises.
I am delighted at the action taken locally in Taunton. I support Lords amendment 333 and I do not really understand why the Government oppose it. Action could be taken and they should take it. Councils and police are too often operating with one hand tied behind their backs. There should be immediate closure where that is needed. Town centre businesses in Taunton and Wellington should not be forced to compete with criminal activity, and I will continue to push the case for stronger powers to stamp that out.
I rise to speak to Government amendment (a) in lieu of Lords amendment 333, which sought to extend closure orders to 12 months. That has been the subject of some discussion today. I appreciate that the Government understand and recognise the importance and necessity of closure orders, to the point that they have tabled this amendment in lieu. I have to say to the hon. Member for Taunton and Wellington (Gideon Amos) that I do not see that as the Government opposing, but rather nudging gently towards the right direction. They are acknowledging the need for closure orders, while recognising the sensitivity that comes with them: the impact they can have in residential areas—this is not just about commercial premises—and on our high streets. In particular, I think about the potential addition of boarded-up, empty homes for 12-month periods and the same for commercial properties on our high streets. That will be a concern and I therefore recognise the need for the Government to consult, but the Minister will know that this draws concern from me and other colleagues who are keen to tackle the scourge of dodgy shops in their communities—and to do so quickly.
I think we are right to raise the length of the consultation and say that, while we may appreciate the necessity of the Government wanting to consult when the shift up to 12 months is so significant, the consultation period should not be unduly or unnecessarily lengthy.
We want to drive the changes that communities expect to see, but this consultation has the potential to undermine the seriousness with which the Government take this issue. I wonder whether there is therefore an opportunity for the Government to say that they are aiming for the consultation and the response to coincide with the high streets strategy that we are expecting later this year, hopefully in the summer—whenever summer, in a parliamentary term, actually comes to fruition.
The campaign to stop dodgy shops is not just about not liking the appearance or the proliferation of these businesses, but covers much wider consequences, from money laundering to the sale of illegal goods; there were even suggestions in a recent BBC investigation of these shops harbouring child sexual exploitation activities. Indeed, a gentleman in my constituency called Shaun Tinmurth was sold an illegal vape that exploded in his home, causing thousands of pounds-worth of damage and putting his life and the lives of his family in significant peril. Just last month, we saw national rail infrastructure damaged as a result of a vape shop fire in Glasgow, with a beautiful grade II building seriously damaged. These businesses endanger lives, bring criminal activity to the heart of our towns and fracture community cohesion.
This is happening now. We are seeing damage, threats to life and costs to the public purse because the measures that currently exist are too slow to intervene, because of a lack of the right resources or because these matters are not considered to be a priority by some local authorities or police authorities. We have to ensure that police and local authorities have sufficient resources within their arsenal to provide a deterrent in the very strongest terms to these fake businesses and to make it absolutely clear to any OCG that is behind these commercial outfits that their model will not be tolerated, that they are not wanted and that the strongest available action will be used in such cases.
That is why the Government should not use the consultation as an opportunity not to continue to press ahead. I know that the Secretary of State is being given powers to easily implement this, should the consultation outcome take us in that direction—I really do not want the Government to miss the opportunity to give serious weight to the consequences. I want to ensure the success of the high streets strategy when it comes in the summer, and I really do not think there is any point in investing in our town centres if legitimate businesses are undercut by those operating outside the law or if residents feel unsafe in the very spaces that we are trying to regenerate.
I urge the Government to publish the consultation as soon as possible and to aim to conclude it in support of and around the timeframe of the high streets strategy, in addition to publishing the terms of reference and membership of the OCG high streets cross-departmental group for the purposes of transparency and contribution, and to ensure that every intervention—whether on policing, regeneration or business support—is aligned with the goal of allowing our high streets to breathe again.
Today we are being asked to wave through one of the most draconian assaults on democratic freedoms in modern times, and let us be clear who is doing it: not the Tories—they are not even here—but the Labour party. This Labour Government are attacking the right to protest, attacking trial by jury, proscribing a non-violent direct action group, and handing NHS patient data to Palantir—a company that has helps US Immigration and Customs Enforcement tear migrant families apart and that generates kill lists for the Israeli military—and now they are doing this. This is a Government who are increasingly authoritarian day by day. When people take to the streets to fight back and expose this Government’s complicity in genocide, their answer is to ban them.
The UN special rapporteur on freedom of assembly warned MPs that she has never encountered legislation like this anywhere in the world and that it could serve as a blueprint for authoritarian Governments globally. Let that sink in.
It is clear that the Palestine solidarity movement that has mobilised hundreds of thousands of people across this country is the Government’s principal target, but these far-reaching powers are an attack on trade unions too. Sustained picketing could be characterised as cumulative disruption, and the TUC has warned that these measures seriously endanger democracy. In Coventry, GMB Amazon workers staged over 30 days of industrial action—the first Amazon strike in British history—fighting for a living wage. In Birmingham, Unite bin workers have been on strike since January 2025 against a Labour council that is trying to cut their pay by £8,000. Under this amendment, that kind of sustained, repeated industrial action—the only leverage that workers actually have—would become grounds for restriction.
I say to every Labour Member who has taken trade union money and trade union votes, do your job and defend them. The Labour party is supposedly the party of workers. The truth is that it is Reform with a red rosette.
Let me describe the pattern of repression that this amendment joins. Palestine Action, a non-violent direct action group, was unlawfully proscribed by this Labour Government using counter-terrorism legislation. The High Court threw that out. What did this Labour Government do? They lodged an appeal and sent the police back on to the streets. Last week, over 500 people were arrested in London for holding placards that read, “I oppose genocide. I support Palestine Action.” The Met has still not explained why it reversed its own policy after that ruling. Since last year, more than 3,000 people have been arrested for holding a placard—not a knife, not a weapon, but a placard.
Madam Deputy Speaker, I am going to exercise the privilege of this House to place something on the public record that the mainstream press has chosen to ignore. Six Palestine Action activists face retrial after being acquitted in February following a year in prison. If convicted, they and 18 others will be sentenced as terrorists, but the jury will not be told that. The jury could convict them on criminal damage charges with no idea that terrorism sentences will follow. Not a single terrorism charge has been brought forward. The proscription has been ruled unlawful, and the defendants themselves have been banned from telling the jury that they acted to stop genocide under threat of contempt charges. This is what a stitch-up looks like, and it is part of the same pattern: a Labour Government that will do whatever it takes to silence dissent, protect Israeli death factories and escape accountability.
To conclude, every advance in our history—whether it was votes for women, workers’ rights, LGBT rights, or racial justice—was won through sustained, repeated, disruptive protest. The logic of “cumulative disruption” would have crushed every one of those movements. I remind Labour Members opposite that their constituents sent them here to defend and strengthen their democratic rights, not erode them. Vote to disagree with Lord amendment 312 and vote against the roll-up motion.
I am pleased to welcome the Bill, because it tackles the issues that my constituents raise time and again: antisocial behaviour, abuse of retail workers, the need for visible neighbourhood policing and stronger action on serious harm, including violence against women and girls. They make up one of the most significant packages on crime and policing in decades. This Bill is about restoring public confidence and making our streets safer.
I will speak to Government amendment (a) in lieu of Lords amendment 333, relating to antisocial behaviour and closure powers. In Leigh and Atherton, as in many towns, so-called dodgy shops have become an all too familiar feature of struggling high streets. Illicit premises selling illegal goods, undercutting lawful businesses and operating in plain sight undermine confidence and damage communities, as we have already heard, but what is striking is not the lack of effort from enforcement bodies—far from it—but the limits of the current system. Again and again, action is taken, evidence is gathered and closure orders are secured, only for the same premises to reopen shortly afterwards under a new name. That revolving door problem makes lasting change incredibly difficult.
As we have heard, local authorities, trading standards and police forces often spend months building cases and navigating court processes, yet the maximum closure period remains just three months. For those determined to break the law, that is simply not a sufficient deterrent. Legitimate businesses are left trying to compete fairly while criminals carry on. Communities see it happening and are rightly frustrated, while confidence in enforcement and in the fairness of the system starts to slip.
This issue cannot be solved in isolation. If we are serious about restoring our high streets, we need a joined-up approach that stops illicit operators from taking root in the first place. The Government are moving in the right direction, with Pride in Place funding, strengthened trading standards, the Tobacco and Vapes Bill and the forthcoming high streets strategy all forming important pieces of the puzzle. Government amendment (a) in lieu of Lords amendment 333 is another: it gives the Secretary of State the power through regulations to amend the maximum duration of closure orders, with the flexibility to treat different types of premises differently. That pragmatic step will allow consultation and evidence-led change. However, that flexibility must not become hesitation.
I would welcome clarity from the Government on the timeline for consultation, because enforcement that does not stick is not enforcement at all. Our high streets cannot afford that delay. Will the Minister confirm that the amendment sits within a wider ongoing programme of work bringing together enforcement, regulation and stronger powers where needed so that this is not the end of the conversation but the start of a robust approach? Our high streets deserve nothing less. With that reassurance, the amendment will be a necessary step in restoring credibility to enforcement and signalling that the Government are serious about bringing confidence, fairness and pride back to our high streets.
With the rise of the right in this country, that expansion of power leaves the potential for future Governments to misuse them to suppress and stamp out all forms of protest, strikes and demonstrations. Our fundamental right to peaceful protest, which has existed for many years, must be safeguarded against any attempt to constrict it.
I rise in support of my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) in his motion to reject amendment 312, which is supported by 30 MPs. We have pushed hard for a vote today on the proposals, which will have a far-reaching, draconian impact on our civil liberties. I am disappointed that the motion will not be reached, demonstrating a fundamental failure of the democratic process.
Lords amendment 312 would give police new powers to restrict protests on the basis of so-called cumulative disruption, but what does that actually mean? It is about giving them the discretion to limit or fully ban a demonstration based on the combined impact of multiple protests over time. The move is the latest in a series of anti-protest measures introduced by successive Governments in recent years, and I have to say that, as a Labour MP, I am very disappointed with the draconian anti-protest proposals being pushed by this Government.
Although today’s proposals have not come in under the radar through secondary legislation, as the Tory Government tried before they were ultimately defeated in court, amendment 312 has sneakily come in through the back door from the Lords, leaving MPs with no opportunity for scrutiny, debate or vote.
The suffragettes protested for decades for women to win the right to vote. It took years of disruption and fighting a patriarchal system for them to win the historic gains from which we all benefit today. Who would condemn their action, or argue that their protests should have been made less impactful, and their struggle for women’s liberation harder and longer? Looking back on the suffragettes’ fight, it is inconceivable that we would support a restriction on their struggle on the basis of “cumulative disruption”. It was exactly that process of sustained pressure that won women the vote.
The same applies to the fight to bring down the evil apartheid regime, during which I was proud to cut my political teeth as a young activist in Liverpool. There, we occupied council buildings and universities, raised money and organised boycotts of goods, sports and culture. We marched and held street stalls and mass demonstrations until that evil regime fell—another victory of the powerless over the powerful, made possible by sustained action and protest. Without sustained protest, we would not have the hard-won employment rights that so many of us benefit from today.
Protest is not a privilege that the police can limit on a whim; it is a right. Expanding anti-protest powers will not stop people protesting against injustice. It will just lead to more of the scenes that we saw this weekend, when over 500 people were arrested for peacefully holding cardboard placards. As we have heard, the High Court has identified the action taken by this Government as illegal. It is not just an assault on our civil liberties but a massive waste of overstretched police resources.
Protest is part of the lifeblood of the labour movement, as it has been of every movement that has expanded rights, protections and dignity, and I implore colleagues across the House today to reject the vast expansion of anti-protest powers and to reject Lords amendment 312. I ask the Minister to explain why this House has not been afforded the parliamentary right to scrutinise this draconian piece of legislation, and what consideration has been given to a future Government that might be less benevolent towards our fundamental rights. If the Government are confident about this amendment, please put it to the vote.
The Country Land and Business Association reports that a single incident can routinely cost a farmer over £10,000 to clear. How bizarre is that? Let us imagine ourselves in the position of the farmer. A criminal dumps a lorryload of waste on our field. We call the authorities and we have to foot the bill. That is offensive to anyone’s sense of natural justice. In my own area, I give credit to Horsham district council for working constructively with farmers to deal with dumping incidents, but even the best councils have to operate within a law that is highly dysfunctional as it stands.
The National Farmers Union, the Countryside Alliance, the Environmental Services Association and Suez Recycling and Recovery all say the same thing: waste crime is spiralling. An astonishing one fifth of England’s waste—that is 38 million tonnes—is thought to be being disposed of illegally. This is a big issue, and successive Governments have failed to rise to the challenge. The cost to the economy is estimated to be between £1 billion and £2 billion a year. The cost to individual landowners is even higher, from their point of view.
Lords amendment 6 would go some way to mitigating this situation. It would make clearing fly-tipped waste a duty of the local authority, not the landowner. It would ensure that the criminal—the tipper—paid, rather than the victim. It would strengthen collaboration between police, councils and the Environment Agency so that offenders could not slip between jurisdictions. In turn, councils would need to be funded by Government for their increased role in enforcement and to protect them against unrecoverable costs. Clearly, this would be an extra spending pressure on the Government, but perhaps that would serve to focus their mind on a problem that has been scandalously overlooked for many years.
Rural crime more broadly needs more focus. In my farmer surveys and surgeries, I hear that farmers are struggling with crimes such as sheep worrying, which has resulted in dead lambs, injured ewes and even the loss of an alpaca. Too often operators on the 101 line simply do not understand why this matters. We need better training, better data collection and a better grasp of rural realities.
The same logic applies to Lords amendment 333 on vape shops and closure notices: enforcement must be effective and swift. Under the current rules, a closure notice can shut an illegal shop for only 48 hours. Many police and crime commissioners have said that that is simply not long enough to prepare their case. Some shops open up again almost immediately, continuing to sell illegal vapes or trading as fronts for criminal gangs.
As it stands, illegal traders are undermining the health of the entire high street. Lords amendment 333 offers a practical fix. It increases closure notices from 48 hours to seven days, giving police and councils the crucial time to build a proper case. It allows courts to impose closure orders for up to 12 months instead of the current three months, and makes them renewable. It gives local authorities more realistic powers to act against shops that they already know are selling illicit vapes or targeting children.
Public faith in the justice system is being undermined because people feel that justice is either too slow or that the authorities lack sufficient powers to deal with modern crime. Sadly, the criminals are innovating much more swiftly than the justice system. The two amendments have a common principle at their heart: victims should not pay for crimes committed against them, and the authorities must be equipped to act decisively when they know that wrongdoing is taking place. The amendments would go some way to help with that, so I urge the Government to support them.
I welcome the Government’s introduction of a new offence of misogynistic hate. I got into politics to fight section 28 and the hate it created. Section 28 attacked the right for people like me to live openly. It stigmatised lesbian, gay and bisexual people. It pushed us out of public life and made us fair game for attack. I got into politics to fight that cruel law and everything it represented. Today I am proud to continue that fight for all LGBT people, for disabled people and for victims of misogyny.
Our politics is becoming increasingly hateful and divisive, and the impacts are heartbreaking. Less than half of LGBT people feel safe holding their partner’s hand in public. As many as 70% of disability hate crimes go unreported. Girlguiding UK revealed that one in 10 girls have missed school to avoid sexual harassment. Hatred towards women and girls, disabled people and LGBT people threatens our entire society. It creates fear—fear to go outside, fear to speak up, fear to be seen. It silences people. It makes all of us afraid.
Lords amendment 301 now shows that whether it is due to someone’s race, religion, sexual orientation or gender identity, or indeed their sex or disability, Britain is a country that will not tolerate hate, that all hatred is equal and that all those who commit vile acts of hatred will face the same grave consequences. Because of this amendment, victims of hate will have more time to report crimes. For victims who may not feel safe reporting hate crime instantly, that is a lifeline. Perpetrators will get tougher sentence and higher maximum penalties. Aggravated offences are often pursued in the Crown court, where better victim support is available, including the ability to keep them apart from defendants.
I know that some people thrive on the politics of hate. Today, I am proud that the Labour Government have stood firmly against hate in all its forms. We will halve violence against women and girls in a decade, we will fight homophobia and transphobia, and we will confront ableism and hate against disabled people. I welcome, in addition to the tougher action on hate crime, the measures on antisocial behaviour, fly-tipping, knife crime, illegal trading, intimate image abuse, violent pornography and the exploitation of children. This Government are clearly standing with victims, creating safer communities and safer streets. I commend the Bill to the House.
I support Lords amendment 35 on the sale of knives in Northern Ireland. Given the discussion that we had about the Southport inquiry yesterday, we know that there needs to be greater control of the sale of knives to people who would use them for evil purposes.
Lords amendment 357 was moved in the other place by the former leader of my party, Baroness Foster of Aghadrumsee, who of course has a great deal of experience of the Northern Ireland context. Those of us who live in Northern Ireland see on a monthly basis how terrorism is glorified—not by dark individuals lurking in the background, but even by Government Ministers and indeed the First Minister in Northern Ireland. The whole point of glorifying terrorism is to ensure that, even when terrorists are under pressure militarily, their evil message—the poison that they wish to inject into society—can still be perpetuated and spread, whether through physical violence or by using people and getting people to support them.
I say to the House that that is not just an issue for Northern Ireland, which experienced years of terrorism and still has the legacy of that terrorism. This issue increasingly affects Great Britain. We see it on the streets, almost on a monthly basis. We see marches glorifying terrorism and intimidating certain sections of the population. Many people in GB, especially in the Jewish community, now feel that they cannot even walk the streets.
This should worry everyone in the House: surveys have shown that one in five people in GB believe that political violence is justified in certain circumstances. How has that situation arisen? It has arisen because we allow the glorification of terrorism. “The cause is just. The people who do it are heroes. They make great sacrifices. They have no alternative”—those are the kinds of arguments I hear in Northern Ireland all the time, but I also hear them now from some of those who promote terrorism in GB.
Increasingly, the narrative of politics in GB is being infiltrated by sectarian arguments and sectarian division. All of us should be worried that the law is inadequate to deal with those who have evil intent. I know that some will argue, “But people have to be allowed to say what they want. We live in a democracy. We’ve got to have freedom of speech.” That is fine, but when that freedom of speech is abused and the law prevents us from stopping that, we should be concerned. I met with Jewish students recently. Some 49% of Jewish students have heard either directly or in their presence the glorification of Hamas terrorism and what was done on 11 October. We have to bear in mind that this is prevalent in our society. It is prevalent in Northern Ireland.
This is not just about promoting the terrorist message. It is also about the impact it has on the victims of terrorism and the anger it causes when people in public positions are allowed to stand up and praise the actions of those who killed their loved ones and maimed members of their family, arguing, “I’m proud of the people who did it. I honour the people who did it. The people who did it had no alternative.” Apart from the impact on the victims, it also sends a message to those who are listening that maybe this was not a bad thing anyway. If the situation arises in the future, will those young people be easily recruited to commit the same acts?
In the Minister’s response to me, she argued—I hope that I have got this right—that the amendment will prevent legitimate debate on historical events, but reading the amendment shows that nothing can be further from the truth. The amendment says that the offence would occur if the comments relate
“to one or more organisations which are at the time of the statement proscribed”.
Therefore it does not prevent people from saying that something happened in the past or that an event is historical and a debate can be around it. Instead, it says that the offence would occur only if a statement is made in respect of organisations that are currently deemed to be dangerous organisations and are proscribed.
Secondly, the amendment says that the offence would occur if the comment
“glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences”.
So the Minister’s argument against the amendment is not correct. The amendment does not open the floodgates to preventing discussion about issues that might be controversial and that people may take objection to. It is very specific.
I urge the House to support the amendment, not just because of the continual hurt experienced by people in Northern Ireland on an almost monthly basis, where commemorations of murderers are held and public figures go and give support to them, but in the interests of society right across the United Kingdom, where we can see that terrorists and terrorist-supporting organisations are using public platforms to glorify terrorism. That has an impact on the victims, but it also has an impact on young people who are vulnerable, easily manipulated and can be persuaded that somehow or other terrorism is something that is normal.
Government amendments to Lords amendments 263, 264 and 265 rightly accept that online pornography is a key driver of violence against women and girls, child sexual abuse and commercial sexual exploitation. We know that online pornography is driven by a profit-maximising algorithm that encourages addiction. Like any other addiction, it can spiral. Addicts find themselves having to move towards increasingly extreme content, including illegal content, to get the same fix, or they find that offline, in real-world actions, and we know the impact that that has.
Pornography is not just entertainment; it has become a form of education. It trains brains to link endorphin and dopamine production to violent, degrading and, in some cases, paedophilic-adjacent content. It promotes the idea that pain for women is pleasure for men. It instils the notion that to be close to a woman is to dominate or degrade her. From Wayne Couzens to Dominique Pelicot, we know how the consumption of online sexualised violence can turn into offline violence.
I therefore welcome clauses 105 and 106. They build on my proposed new clause 102, tabled on Report, and will criminalise the possession or publication of strangulation or suffocation in pornography. This is vital given that 36% of women under the age of 34 have been strangled during sex, and strangulation is now the second most common cause of stroke in young women.
I also welcome the Government amendments in lieu before us that build on mine and Baroness Bertin’s amendments to ban pornographic content that features step-incest or performers role-playing as children. Content such as that, which sexualises children, with very young-looking performers dressed in school uniforms, holding lollipops and stuffed toys, very clearly promotes a sexual interest in children. Two pieces of research from 2024 found that between 43% and 63% of those who have committed offences relating to child sexual abuse material began by habitually watching so-called “barely legal” content.
It is right that through the Government’s amendment in lieu to Lords amendment 265, this gateway to paedophilia is swung firmly shut. We know that CSAM consumption and the further child sexual abuse that it can so often encourage largely originate from exposure to online content that is happened across incidentally, rather than with purpose. Offences for online child sexual abuse increased by 26% in 2024.
Content that depicts step-incest—for example, with a stepfather and stepdaughter—likewise eroticises and encourages the sexual abuse of children and those for whom we have or should have a caring responsibility. Sadly, half of all sexual abuse cases against children are perpetrated by a step-parent or family member. Given that we are increasingly living in an age of blended families, permitting the depiction of this abuse is particularly pernicious.
Pornography also has an impact on those who appear in it, and we know that women are all too often coerced or trafficked into the industry. I therefore welcome the Government amendment in lieu of Lords amendment 264, which builds on my amendment and that of Baroness Gabby Bertin to grant the Government the power to require pornography sites to proactively verify the age and consent of those featured on it, rather than just waiting for content to be reported.
The amendment will crucially grant powers to allow performers to withdraw their consent retroactively so that they are not forever trapped into a life in the pornography industry by pictures and videos from perhaps even decades prior. It is of the utmost importance that the Government stick to their timetable to deliver that and work at pace across Departments and with experts from the sector to deliver on it. I am incredibly grateful to UK Feminista, Barnardo’s, CEASE and the APPG on commercial sexual exploitation for their tireless work on these issues and to Ministers who have worked constructively with me and many Members across this House to ensure that we get these vital changes in the Bill.
I am also grateful to the Government for engaging similarly constructively with me on my amendment to Lords amendment 300, which relates to the proposed statutory definition of so-called honour-based abuse. Along with my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel), I was honoured last year to host a screening of the powerful Channel 4 documentary “The Push”, alongside the mother of Fawziyah Javed, who was failed through a series of missed opportunities by statutory bodies to identify her as a victim of honour-based abuse. She was pushed off Arthur’s Seat by her husband, killing her and her unborn child. That is why it is very welcome that this Bill introduces a definition of honour-based abuse. It represents an important step forward and a great win for all the victims and organisations who have campaigned for this for many years.
Nevertheless, I and organisations that work in this space, such as Karma Nirvana, are concerned that the definition as it stands falls short of fully capturing honour-based abuse. The Lords amendment references only a “person”, whereas we know that honour- based abuse is often perpetrated by multiple people as part of a family or community—a feature that distinguishes it from other forms of domestic abuse. I have therefore proposed the addition of “or persons” to Lords amendment 300 in order to reflect that. It is a tiny change, and an amendment sought by Baroness Sugg in the other place. I recognise some may argue that it is already covered by the Interpretation Act, but having spent many years in the domestic abuse sector I know that overstretched and under-resourced multi-agency professionals, particularly the police, may interpret legislation literally and act only within the explicit wording to be set out in Lords amendment 300.
Some have also argued that the use of “persons” would be contrary to the usage and interpretations in other criminal law contexts, yet there are many examples of offences that relate to things such as organised crime, gangs and riot that reference “persons”, including in the Serious Crime Act 2015 and the legislation before us.
A definition of honour-based abuse is the culmination of years of campaigning. I remember working with many people who are still in this House on getting it included in the Domestic Abuse Act 2021, which sadly it was not. I invite the Minister to clarify, in her speech, that the Government intend the amendment to cover multiple perpetrators as well as a sole perpetrator. I would appreciate her and her colleagues’ continued commitment to working with organisations such as Karma Nirvana to ensure that the statutory guidance accurately reflects the true nature of honour-based abuse. Also, there must be funding for training for multi-agency professionals, which will undoubtedly be required if the definition stays as it is.
I have listened to a large number of speeches that have done a tremendous job of setting out the principles behind the motion to disagree with Lords amendment 312, tabled by my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), which I support. I do not want to talk about the principles; I want to talk about the practicalities, because I am worried that it is when the Government rush to legislate around a particular incident, and do not provide adequate time for debate and individual votes, that Parliament makes significant mistakes. That has been demonstrated in the past.
The Minister referenced the Manchester events, which were absolutely tragic, and the demonstrations that took place then. However, she also mentioned that the powers to deal with such events—to prevent and restrict demonstrations that are causing such distress—already exist. She also mentioned that the cumulative impact is a factor that police officers need to take into account; the change made by the Bill is simply that it will say that police will be required to take the cumulative impact into account. That seems like a simple, small step forward, but I think it will cause immense problems. In particular, it will place a burden on the police, but it will also introduce an element of subjective judgment by a number of senior police officers.
I will give examples from our history. In the 1980s, I was involved in the City of London branch of the anti-apartheid movement, and for two years, we held a permanent demonstration outside South Africa House. I remember being there, singing Christmas carols, on Christmas day. It was disruptive, and people were arrested for individual offences, but that was the whole point. We were there because we said that we would not leave until Nelson Mandela was released. At that time, we were condemned in this House for supporting a terrorist, and for supporting a terrorist organisation called the African National Congress. These days, if we held up the banners that we held up then, we would probably be arrested. The other example I give is from 1985, I think. I was involved in the organisation of the people’s march for jobs. A group of unemployed workers marched from the north all the way to London, and my job was to prepare for their arrival in London, but in every town and city, they were met with a demonstration. On many occasions, those demonstrations were disruptive—that is cumulative.
For me, the other issue is that unfortunately, I think this change is largely targeted at the Palestine Solidarity Campaign demonstrations in London. I have been involved in some of the processes of negotiation with the police on each of those demonstrations—I have been on virtually every one, over two years. I have been advising the organisations involved when they are going into the negotiations, as well as during those negotiations. So that Members understand, what happens is that a date is identified months in advance. As that date gets nearer, discussions take place with the police, and severe restrictions are placed on the route and the timing of the march. The issue of synagogues has come up; I do not think there has ever been a synagogue within half a mile of one of those marches, but the demonstrators themselves have said, “We’ll adjust the times, so that it does not in any way interfere with any service.” Those are the negotiations that go on. It is a thorough process.
However—I do not say this lightly—as a result of my experience of the whole process, I have lost confidence in the judgment of the senior Metropolitan police officers. I say that because I was involved in some of the discussions on the demonstrations in which Ben Jamal and Chris Nineham were arrested. I found then that the use of the restrictions was deliberately provocative. What has been said in court since then has been disingenuous, because I was there on the spot, and I saw what happened. In fact, the next day, I was pulled into the police station and interviewed as a result of the events that day. I have lost that confidence, because we were assured that the Metropolitan Police Commissioner and his senior team would consult with the wider communities in advance of planning for these demonstrations, so that views could be taken on board, particularly the views of the Jewish community. “Consultation with the Jewish community” has largely been interpreted as consultation with the Board of Deputies. The Board of Deputies represents a certain section of the Jewish community. In fact, it has split. Last year, 37 members expressed their concern about how the Board of Deputies was expressing its position on Gaza.
During the demonstrations, I start the march with the Jewish bloc. I have marching beside me Stephen Kapos, the Holocaust survivor who became quite a famous architect. The organisations in the Jewish bloc have never been consulted about the march. The Haredi community, which is the largest Jewish community, particularly in London—the orthodox Jewish community —has never been consulted about these demonstrations. I am sorry, but I have lost confidence in the assurances that we have been given that there are wider consultations with the community.
In the past few weeks, I have lost so much confidence in the judgment of Metropolitan police senior officers. Every year for decades, we have had a march in London for the Palestinians on the anniversary of Nakba, to commemorate the Palestinians being forcibly removed from their own land. Nakba means catastrophe. There is a march in London every year around 16 March. This year, it was going to go ahead as normal. Planning and discussions were taking place, and then the police said, “No, you can’t go on your normal route.” Why is that? Because the police had allocated it to Tommy Robinson. We saw what happened last year in London on Tommy Robinson’s march. There was violence, and there were attacks on police and individuals, yet the Palestinian demonstration was displaced for this far-right group—thugs, in many instances. That demonstrated to me the bias among Metropolitan police senior officers. In many ways, it demonstrates how they could start interpreting the concept of cumulative impact in this legislation, which will go through today.
With every move towards restricting peaceful protest in any way, there is a risk. We have seen in the past, on a number of occasions, that if we deny people the right to peaceful protest, they will riot. There is a risk that, through this legislation, we undermine our historic, real commitment to democratic, peaceful protest. That right has achieved so much in our country; we have achieved so much through the reforms that have been demanded. This legislation puts in peril those rights, and in addition, through it, we could be acting provocatively, undermining the peaceful protest that we want to see. That could result in the potential for riot. That is why we needed more time to debate and discuss the issue, and why we needed a right to vote on the motion to disagree. That is not going to happen tonight, and I think we will regret it in the long term.
What adds to my anxiety is that in the normal run of things, a serious matter such as this would be introduced in the House of Commons, and there would be a proper Commons debate, after which the matter would go off to the Lords, and then come back to us. I feel that we are being bounced into this today, and I did not expect that of my Government on an issue of this sort, because it is so important, and because it will have major consequences for us in the future—and particularly for our movement, which was based on protest from the very beginning. We seem to be undermining our historic tradition, and our commitment to a role that we have played historically and will almost inevitably need to play in the future.
That should concern every Member of this House, because effective protest is very often cumulative, and democratic campaigning is nearly always repetitive. The campaigners come back again and again. That is true of the trade union movement, true of the suffragettes, and true of the civil rights tradition more broadly. The cumulative nature of protest is not a flaw in our democracy. It is often the means by which democracy speaks, and that is why amendment 312 is so dangerous in principle. It takes something that has always been central to democratic struggle—persistence—and starts to treat it as a problem to be managed down. It turns the repeated exercise of democratic freedom into a reason for state restriction. Once the House accepts that logic, we move on to very difficult ground indeed.
Laws like this are never drafted only for the Government of the day. They remain on the statute book. They pass into other hands. We would be naive not to ask how a future hard-right Government might use a power like this. As the TUC has warned, broad “cumulative disruption” tests could all too easily be used against trade union demonstrations, against long-running industrial disputes, against repeated pickets, rallies and marches, and against the kind of organised working-class protest that has been central to the Labour movement and to the winning of rights in this country. That is not alarmism. It is exactly why Parliament should be careful about creating broad powers that can later be wielded by Ministers and authorities with far less respect for civil liberties.
Peaceful protest is not an inconvenience to be tolerated only once. It is a democratic right, and one of the clearest tests of whether we truly believe in that right is whether we still defend it when it is persistent, visible and effective. That was true of the Chartists demanding political reform, the match girls and dockers fighting for dignity at work, the anti-apartheid movement that refused to give up, and the suffragettes who were crucial in securing the vote for women.
It was said in the past that we should not protest again and again for women’s right to vote, or for trade unions to win their rights against unscrupulous employers. In their name, and in the name of the whole Labour movement, Lords amendment 312 ought to be rejected.
It is incumbent on all Members to jealously guard the rights of our constituents, and any restriction of their civil liberties should only be accepted by this House on the basis of overwhelming evidence that such proposals would strengthen, rather than undermine, the health of our democracy. On this occasion, however, we have had next to no evidence whatsoever, because these significant changes were only introduced after the original passage of the Bill through this House, which is ultimately a pretty sorry way to treat representative parliamentary democracy.
Lords amendment 312 is out of step with the best traditions of this country and of the Labour party, which has always existed to redress the balance of power in favour of ordinary people. The Chartists, the suffragettes, the organisers of the Kinder Scout trespass, those who stood against fascism at Cable Street, the Campaign for Nuclear Disarmament and the Jarrow crusade—these were protest movements and campaigns of direct action that were supported and led by giants of our party, and which we should celebrate, not disown. They were advancing Labour’s historic mission to wrest power from the established status quo, so that ordinary people have a real say over their lives. Lords amendment 312 contradicts that impulse, and risks shifting the balance of power in our society towards the vested interests that we ought to take on.
The corrosive influence of the rich and powerful runs through every corner of our politics. It muddies policymaking and leaves our constituents asking whether decisions are made in their interests, or in those of the last donor who paid £2,000 a head at a lobbyist curry night. If tweaks are to be made to defend our democracy and prevent disruption to the life of our communities, that would be a far more apt target than the civil liberties of our constituents. Today, Lords amendment 312 is opposed across the Labour movement and civil society by many organisations that share the progressive instincts that should be guiding this Labour Government. That is hardly surprising, given the way this legislation is drafted. It is vague, with no definition of what is meant by
“serious disruption to the life of the community”.
It is widely drawn, with no necessary link between the events considered to be cumulatively disruptive. It does not define the area in question or the timeframe, and it has the blindingly obvious potential to be abused.
The proposals could easily be used to restrict protests simply because they are considered inconvenient due to their persistence, and not because of their content or messages. As my right hon. Friend the Member for Hayes and Harlington (John McDonnell) pointed out, this may place substantial political pressure on the decision making of senior police officers. I want to address the concerns raised by several hon. Members in this debate about the intimidation of specific minority groups. I do understand those concerns and they are legitimate, but the legislation is not drafted tightly enough to address that problem. It is far too vague and far too broad to coherently address that point, and it is not what we will achieve by passing this amendment.
Finally, since we are discussing notions of cumulative impact, whatever the stated intentions today, when these plans are considered alongside the recent restrictions on the right to protest against animal testing, a legally contested proscription and other legislation that I assume means that any of my constituents disobeying these plans would not have the right to a trial by their peers, assertions by the Government that they hold the right to protest sacrosanct are wearing so thin as to be clearly transparent. The case for Lords amendment 312 has not been made, we should not be asked to vote for it en bloc alongside other important but entirely separate changes, and I urge Ministers to drop these plans for good.
The Opposition spokesperson, the hon. Member for Stockton West (Matt Vickers), seeks to disagree with Lords amendment 301. Let me be clear: this is not a move by the Government to police lawful speech, and these provisions do not criminalise the expression of lawful opinions. Extending the aggravated offences does not create any new offence. This amendment extends an existing aggravated offences framework, which operates in relation to race and religion, to cover additional characteristics—namely, sexual orientation, transgender identity, disability and sex.
This framework applies only where specific criminal offences—offences of violence, public order, criminal damage, harassment or stalking—have already been committed and where hostility is proven to the criminal standard. This is not about creating new “speech crimes”; it is about ensuring that where criminal conduct has taken place, and that conduct is driven by hostility towards a protected characteristic, the law can properly recognise the additional harm caused.
That is an important distinction. Freedom of expression, legitimate debate and strongly held views remain protected, but where someone commits an existing criminal offence and does so because of hostility towards a person’s identity, it is right that the criminal law should be able to reflect that seriousness through higher maximum penalties. The hon. Member for Stockton West is simply wrong if he thinks that the same end can be achieved through sentencing guidelines. It is about equality of protection, not the policing of lawful speech.
I will now come to measures debated on the epidemic of everyday crime. Lords amendment 333, on closure powers, was raised by a number of hon. Members. I want to pay tribute to the dodgy shops campaign being run by my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn) and for Leigh and Atherton (Jo Platt). I agree wholeheartedly with their aims. If we do not tackle dodgy shops, it is very hard to do the wider work of bringing back our high streets. I completely share the concerns raised about the rise of illegality affecting so many of our high streets. It is for exactly that reason that the Home Office has established the cross-Government high streets illegality taskforce, which will be backed by £10 million a year for the next three years—£30 million in total. The taskforce is already working at pace to develop a strategic long-term policy response to money laundering and associated illegality on our high streets, including other forms of economic crime, tax evasion and illegal working, and to tackle the systemic vulnerabilities that criminals exploit. The initiative was announced in the 2025 Budget and, as I said, is supported by significant funding.
Strengthening the closure powers available to local partners in tackling criminal behaviour on the high street is part of that mix. Our amendment in lieu accepts that and will enable us to go ahead and do it. The push from my hon. Friends is to do that at pace. We will of course work as fast as we can on the consultation on closure orders that we have agreed to do. I hear the message loud and clear that we need to go fast, but the purpose of the consultation is to ensure that we get this right—that we make the distinction between private and public property, and the complications that might come from that.
We are also dealing with the fact that neighbourhood policing collapsed under the previous Government, which has meant that the epidemic of everyday crime is not being tackled as it should be—
We are also getting rid of the burden of bureaucracy, built up under the previous Government, that wastes so much police time. In the next couple of years we will free up the equivalent of 3,000 full-time police officers just through use of new technology, AI and new processes will bring this ancient system, which lots of police officers are still working under, into the modern age.
Many Members have spoken about fly-tipping. I absolutely accept the strength of feeling on fly-tipping. I think it is repulsive, and most of our communities are affected by it. Whether it is the large fly-tipping in our rural communities that is driven by serious organised crime or the everyday fly-tipping that we see in our cities, we need to do more to tackle it. The Government have published the waste crime action plan, which will make a substantial difference to how we approach waste crime, including the Government paying for the removal of the most egregious sites. In parts of the country we have seen reports in the press of huge waste sites.
We are also committed to forcing fly-tippers to clean up their mess. Under this Bill, people who use their vehicle to fly-tip will potentially get nine points on their licence. That goes further than what the Opposition had previously suggested. So we are acting, as we should. We did not agree with the Lords amendment that proposed that local authorities should have to clear all sites, including private sites, because of the very significant costs that would be required to undertake that. We do not think that can be put on to local authorities just like that. But I assure hon. Members across the House that we are taking significant action on fly-tipping and we will continue to do so.
I pay tribute to my hon. Friend the Member for Gower (Tonia Antoniazzi), who spoke about Lords amendment 361 and our amendment to make it legally sound. As I said, the Government do not have a view on this, because it is an issue to do with abortion, and it would not be correct to take a view on that. She asked when it would come into effect, and I can tell her that it will apply as soon as the Bill receives Royal Assent. Obviously, decisions on particular cases up until that point are for local police, but I heard what my hon. Friend said.
I want to touch on the comments from my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) about aggravated offences. Building on what I said to the Opposition spokesperson—
Britain is a country that will not tolerate hate, as my hon. Friend the Member for North Warwickshire and Bedworth said. She spoke about aggravated offences relating to disability, trans and sex, and bringing those into line with the existing aggravated offences. That will support victims, and not just in terms of potential sentencing and justice; it will mean that victims can access more support, which I very much welcome, and I am glad that she does too.
Turning to the right hon. Member for East Antrim (Sammy Wilson) and the issue of the glorification of terrorism—oh, I see he is not in his place; I will come back to that issue.
My hon. Friend the Member for Lowestoft (Jess Asato) has been doing so much work on a number of different areas, not least all of the Lords amendments that relate to porn. She gave a really powerful speech about how pain for women is increasingly perceived as equalling pleasure for men, and she spoke of the need to tackle that in many different ways, because sexualised violence online can become violence in real life. I am glad that she welcomed the step-incest amendments, which are absolutely right, as well as those on people trying to look like children, which she called “barely legal content”. I heard her message about proactively verifying age and consent and about bringing in the timetable to deliver that as soon as we can.
My hon. Friend also talked about honour-based abuse. We understand and agree with her, as well as other hon. Members who raised the importance of realising that often it is not a single crime but involves a whole group of people. We need to ensure that is clear in all the training done on identifying and responding to this form of abuse. Therefore, alongside the statutory guidance, we are developing additional free learning modules for professionals who work with victims and perpetrators of honour-based abuse. That includes a general module as well as dedicated modules on multi-agency responses. Together, those modules will strengthen statutory professionals’ ability to recognise the signs and to manage cases appropriately and safely in practice. I hope that is reassuring to my hon. Friend.
I turn to Lords amendment 312, which many hon. Members spoke to. There are a number of things to say on our cumulative disruption amendment. First, I thank my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), who talked powerfully about his position, which I respect. I agree that protest and the right to protest is part of the lifeblood of the Labour movement, and that progress is rarely—if ever—handed down without first having been campaigned for. I understand his concern, and the concern of everyone in the House, that we balance the right to protest with the impact of protest. We have had many debates on that in this place over the past few years.
The Home Secretary asked Lord Macdonald to review public order legislation and hate crime legislation, because we have had lots of different pieces of legislation and there is a need to take a holistic look at that to see whether it is right. Lord Macdonald has not reported yet; he will do so within a few months, and we very much look forward to what he has to say. I hope that when he does report we can consider his recommendations in this place and discuss all his findings together.
I want to be really clear again about what the amendment does and does not do. Marches can only be banned in very, very specific circumstances, as happened with the al-Quds march recently—the first time a march had been banned since 2012. The amendment will make no difference to that whatsoever. It will make no difference to what march can and cannot be banned. An assembly cannot be banned at all, as there is no legislative basis for that, so again, the amendment will make no difference at all.
It already is the case, and it has been since 1986 when the Public Order Act was introduced, that the police can consider cumulative disruption when they look at imposing conditions on a protest. A condition could be the time that the protest is allowed to take place, the route that the protest can go down or the number of people allowed on that protest. Since 1986, the police have had the ability to consider cumulative disruption when they look at whether they should impose conditions. The amendment means that they have to look at and consider the impact of cumulative disruption when they look at imposing conditions.
I will say a couple of things on that basis. The police have to balance the rights of freedom of assembly and speech that are enshrined in the European convention on human rights—they have to do that. When they are considering what they do with protests, they have to balance and consider those rights, and if they are going to impose conditions, that has to be done under specific areas, which might be serious public disorder, serious damage to property or serious disruption to the life of the community. When and if this Bill is passed and we move forward, I will commit to working with the College of Policing and the National Police Chiefs’ Council to make sure that the guidance is as clear as it can be. However, the definition of cumulative disruption is just its natural meaning, and the police have had that power since 1986.
I will just say—this does not have an impact on anything that I think about what the law should be on protests—that there has been a 600% increase in the number of protests over the last couple of years. There has been a huge increase in the number of people protesting and the physical ability of the police to just deal with that in terms of resources is not insubstantial. They spend a huge amount of time on this, as we all know, and our neighbourhood officers are often abstracted. That is right and proper—I am not suggesting otherwise—but it is a challenge for the police, particularly in the big urban parts of our country, to have to manage the impact of these protests.
To repeat, the cumulative disruption amendment does not change the guardrails of the powers to impose conditions. It does not change anything about the need to balance the right to protest in the European convention on human rights with the Public Order Act. None of those things will change. What is changing is that we are saying that the police will consider cumulative disruption, rather than that they can consider cumulative disruption.
The other place has properly asked this elected House to think again about a number of issues. Let us send a clear message back to their lordships: we have listened and agreed a number of further changes to the Bill, but after some 14 months of debate, it is now time for this Bill to complete its passage, so we can get on with the task of implementing the Bill and making all our communities safer.
Amendment (a) made to Lords amendment 263.
Amendments (b) to (g) made to Lords amendment 263.
Lords amendment 263, as amended, agreed to.
Amendments (a) to (e) made to Lords amendment 361.
Lords amendment 361, as amended, agreed to, with Commons financial privileges waived.
Clause 4
Fixed penalty notices
Motion made, and Question put, That this House disagrees with Lords amendment 2.—(Sarah Jones.)
Government amendments (a) to (c) made in lieu of Lords amendment 2.
[The lists for Division Nos. 468 to 476 are published at the end of tomorrow’s debates.]
Motion made, and Question put, That this House disagrees with Lords amendment 6.—(Sarah Jones.)
The House divided: Ayes 299, Noes 169.
[Division No. 468, 6.44 pm]
Question accordingly agreed to.
Lords amendment 6 disagreed to.
Lords amendment 10 disagreed to.
Government amendments (a) and (b) made in lieu of Lords amendment 10.
Motion made, and Question put, That this House disagrees with Lords amendment 11.—(Sarah Jones.)
The House divided: Ayes 291, Noes 174.
[Division No. 469, 6.58 pm]
Question accordingly agreed to.
Lords amendment 11 disagreed to.
The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83F).
Lords amendment 12 disagreed to.
Lords amendment 15 disagreed to.
Government amendment (a) made in lieu of Lords amendment 15.
Lords amendment 256 disagreed to.
Lords amendment 257 disagreed to.
Government amendments (a) and (b) made in lieu of Lords amendments 256 and 257.
Lords amendment 258 disagreed to.
Government amendment (a) made in lieu of Lords amendment 258.
Lords amendment 259 disagreed to.
Lords amendment 260 disagreed to.
Government amendments (a) to (d) made in lieu of Lords amendments 259 and 260.
Lords amendment 264 disagreed to.
Government amendments (a) to (f) made in lieu of Lords amendment 264.
Lords amendment 265 disagreed to.
Government amendments (a) to (c) made in lieu of Lords amendment 265.
Motion made, and Question put, That this House disagrees with Lords amendment 311.—(Sarah Jones.)
The House divided: Ayes 300, Noes 101.
[Division No. 470, 7.20 pm]
Question accordingly agreed to.
Lords amendment 311 disagreed to.
Motion made, and Question put, That this House disagrees with Lords amendment 333.—(Sarah Jones.)
The House proceeded to a Division.
We are ready to resume the Division. Members who have not yet voted should pass through the Lobby to give their names to the Clerks. If a Member has already been through the Lobby in this Division, their vote has been counted and they should not pass through the Lobby again. If Members are in any doubt about whether their name has been recorded, they should email the Public Bill Office.
The House having divided: Ayes 301, Noes 157.
[Division No. 471, 7.31 pm]
Question accordingly agreed to.
Lords amendment 333 disagreed to.
After Clause 144
Duration of closure notices and orders: extension
Government amendment (a) made in lieu of Lords amendment 333.
Motion made, and Question put, That this House disagrees with Lords amendment 334.—(Sarah Jones.)
The House divided: Ayes 356, Noes 90.
[Division No. 472, 7.53 pm]
Question accordingly agreed to.
Lords amendments 334 and 339 disagreed to.
Clause 167
Power to make youth diversion orders
Motion made, and Question put, That this House disagrees with Lords amendment 342.—(Sarah Jones.)
The House divided: Ayes 281, Noes 70.
[Division No. 473, 8.13 pm]
Question accordingly agreed to.
Lords amendment 342 disagreed to.
Government amendment (a) made in lieu of Lords amendment 342.
After Clause 185
Glorification of terrorism: removal of emulation requirement
Motion made, and Question put, That this House disagrees with Lords amendment 357.—(Sarah Jones.)
The House divided: Ayes 278, Noes 73.
[Division No. 474, 8.28 pm]
Question accordingly agreed to.
Lords amendment 357 disagreed to.
After Clause 190
Proscription status of Iran-related entities: review
Motion made, and Question put, That this House disagrees with Lords amendment 359.—(Sarah Jones.)
The House divided: Ayes 277, Noes 158.
[Division No. 475, 8.43 pm]
Question accordingly agreed to.
Lords amendment 359 disagreed to.
Lords amendments 360 and 368 to 372 disagreed to.
Government amendment (a) made in lieu of Lords amendments 360 and 368 to 372.
Lords amendments 439 and 505 disagreed to.
Clause 1
Respect orders
Motion made, and Question put, That this House agrees with Lords amendments 1, 3 to 5, 7 to 9, 13 and 14, 16 to 255, 261 and 262, 266 to 310, 312 to 332, 335 to 338, 340 and 341, 343 to 356, 358, 362 to 367, 373 to 438, 440 to 504 and 506 to 532.
The House divided: Ayes 247, Noes 21.
[Division No. 476, 9 pm]
Question accordingly agreed to.
Lords amendments 1, 3 to 5, 7 to 9, 13 and 14, 16 to 255, 261 and 262, 266 to 310, 312 to 332, 335 to 338, 340 and 341, 343 to 356, 358, 362 to 367, 373 to 438, 440 to 504 and 506 to 532 agreed to, with Commons financial privileges waived in respect of Lords amendments 335, 366 and 367.
Motion made, and Question put forthwith (Standing Order No. 83H(2)), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing with their amendments 6, 11, 12, 311, 334, 339, 357, 359, 439 and 505;
That Sarah Jones, Stephen Morgan, Adam Thompson, Matt Bishop, Alex McIntyre, Matt Vickers and Clive Jones be members of the Committee;
That Sarah Jones be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Lilian Greenwood.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
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