PARLIAMENTARY DEBATE
Coronation: Policing of Protests - 9 May 2023 (Commons/Commons Chamber)
Debate Detail
Today, Commissioner Mark Rowley has outlined the intelligence picture in the hours leading up to the coronation. It included more than one plot to cause severe disruption by placing activated rape alarms in the path of horses to induce a stampede and a separate plot to douse participants in the procession with paint. That was the context: a once in a generation national moment facing specific intelligence threats about multiple, well-organised plots to disrupt it. The focus of the police was, rightly, on ensuring that the momentous occasion passed safely and without major disruption. That was successful. All plots to disrupt the coronation were foiled by a combination of intelligence work and proactive vigilant policing on the ground. I would like to thank the police and congratulate them on that success.
At the same time, extensive—[Interruption.] Wait for it. At the same time, extensive planning ensured that protests could take place. That was also successful. Hundreds of protesters exercised their right to peaceful protest, including a large group numbering in the hundreds in and around Trafalgar Square. Where the police reasonably believed they had grounds for arrest, they acted. The latest information is that 64 arrests were made. I will not comment on individual cases or specific decisions, but the arrests included a person wanted for sexual offences, people equipped to commit criminal damage with large quantities of paint, and arrests on suspicion of conspiracy to cause public nuisance, often backed by intelligence. The Met’s update last night included regret—to use its word—that six people arrested could not join the hundreds protesting in Trafalgar Square and nearby. The Met confirmed that those six people have now had their bail cancelled with no further action.
The police are operationally independent and it is primarily for the Mayor of London to hold the Met to account, but let us be clear: at the weekend officers had to make difficult judgments in fast time, in a highly pressured situation against a threatening intelligence picture. I thank the police for doing that, for delivering a successful a coronation and for enabling safe, peaceful protests.
Graham Smith, the leader of the group Republic, tells me that the arresting police showed absolutely no interest in contacting the liaison team and seemed focused on luggage straps holding placards together, which they said might be used to lock on. The Joint Committee on Human Rights has repeatedly stressed that public authorities, including the police, are under a negative obligation not to interfere with the right to protest unlawfully and a positive obligation to facilitate peaceful protest, so why did police arrest protesters who had gone to such great lengths to clear their protest in advance, and why did they do so on grounds that they now admit were not sufficient to charge them and without following up with the liaison team? What do citizens need to do now to clear a protest in advance?
On the BBC Radio 4 “Today” programme, Sir Peter Fahy, the former chief constable of Greater Manchester police, said that what happened has to be seen in the context of media, political and public pressure on the police. He referred to what he called
“some pretty direct and personal feedback”
brought to bear on Sir Mark Rowley before the Home Affairs Committee on 26 April by the hon. Member for Ashfield (Lee Anderson)—I have notified the hon. Member that I would mention him, Mr Speaker. So, was political pressure brought to bear on the police? Sir Peter also said that the legislation, the Public Order Act 2023 and the policing Act, is very poorly defined and far too broad. That was what Opposition MPs warned of, particularly regarding offences such as locking on. Will the Minister review the legislation and set up an inquiry into what happened to those six citizens on Saturday?
On the six people arrested and the question of protests more generally, I repeat the point I made in my initial answer: hundreds of people exercised their right to protest peacefully. As the hon. and learned Lady said, that was done following engagement with the Republic protest group. The fact that hundreds of people were able to protest peacefully is testament to the right of peaceful protest.
I do not want to get into the details of the six people because, frankly, neither the hon. and learned Lady nor I has all the facts. But clearly, when the arrests were made, the police reasonably believed that there were grounds to do so. I emphasise again that several hundred people were able to peacefully protest on that day, as is their absolute right.
The six people from Republic were arrested under new powers in the Public Order Act for
“being equipped for locking on”,
which came into force two days before the coronation. They have now been released with no further action, and the Met has expressed regret. The Minister knows that I have warned him and his colleagues repeatedly that the new powers mean that people might be arrested for the wrong thing, such as carrying in their bag a bike lock or, as in this case, some luggage straps. Many former police officers have warned that the powers put the police in a difficult position and risk undermining the notion of policing by consent.
The arrests raise questions that we want answers to. Why did the arresting officers not know or take into account that Republic had been working with the police? Why were those people held for 16 hours? Does the Minister support the Mayor of London’s review, so that Parliament can see the lessons to be learned? Will the Minister ask the inspectorate and the College of Policing to monitor and review the new public order powers and report back to Parliament? Will he support the recommendations in the inspectorate’s report for more specific training on public order for our officers?
This weekend was a celebration, and one that could not have happened without the dedication of our police service. But just as important to our British democracy as our constitutional monarchy is our historic model of policing by consent, trust and our freedom to protest peacefully. It is our job as Members of Parliament to come up with laws that solve problems rather than creating them. I urge the Minister to learn the lessons and take responsibility for protecting that careful balance between the police and the people.
At the weekend, broadly the same test was applied. Peaceful protest is, of course, absolutely fine, but activity that was designed to seriously disrupt the coronation—including potentially causing a stampede of horses or covering the ceremonial procession in paint—was not acceptable. I think we can agree that this was a unique situation. The police had to make very difficult judgments and decisions in a very short time, against an extremely threatening intelligence picture, and the facts were often unclear at the time. I think all of us here should accept that those are difficult decisions. While it is for the police to answer operationally, I think that if they were here, they would say that they acted lawfully at the time to the best of their reasonable belief. However, I do want to put on record that the right to peaceful protest is sacrosanct, and I am sure that no one on either side of the House would ever seek to undermine it.
“These arrests are a direct attack on our democracy and the fundamental rights of every person in the country… The right to protest peacefully in the UK no longer exists. Instead we have a freedom to protest that is contingent on political decisions made by ministers and senior police officers.”
That is entirely unacceptable.
In the statement that he has issued, Sir Mark Rowley said:
“Having now reviewed the evidence and potential lines of enquiry we do not judge that we will be able to prove criminal intent beyond all reasonable doubt.”
So these arrests were not necessary. Sir Mark also said:
“I support the officers’ actions in this unique fast moving operational context.”
That suggests that there is no certainty that if similar circumstances occurred, the same thing would not happen again. Will the Minister tell me what protections people can expect when they, in good faith, engage with authorities before protests to prevent this kind of thing from happening, only to find it happening again, and does it concern him that a journalist was among those arrested?
In relation to the Human Rights Act 1998, and particularly articles 10 and 11 of the European convention on human rights, the Public Order Act 2023 has a section 19(1)(a) statement on the face of it, saying that legal analysis finds the Act is compatible. If the hon. Lady studies articles 10 and 11, particularly the second paragraphs, she will see that qualified rights are able to be balanced against the right of democratically elected legislatures to legislate to prevent criminal activity, including disruption.
We have heard a lot about the operational independence of the police this afternoon. Will the Minister explain why on 27 April the Home Office’s police powers unit sent an official letter to Republic, ahead of the coronation? Republic has no history of its members locking on. How many other organisations and groups received such letters? On what basis were they sent those letters? Will that practice now be the norm for the Home Office?
The police and armed forces did a great job of policing the coronation. Between the Metropolitan police and Thames Valley police, who policed the Windsor concert the following day, almost 30,000 officers were deployed at one time or another during the relevant period. I think 11,500 officers were deployed on the day of the coronation itself, in addition to 6,500 armed forces personnel. There were 312 protected people who came to this country from around the world, and we deployed almost 1,000 close protection officers. All those officers did a fantastic job in a moment of national pride for all of us.
The Public Order Act has given police officers broad and sweeping powers, which in turn require the police to exercise discretion and judgment with no context or guidelines. If there is no change to this legislation, such things will keep happening. There should have been better pre-legislative scrutiny of the Act, but there was not. Will he now commit to allowing post-legislative scrutiny?
“We will deal robustly with anyone intent on undermining this celebration”,
someone apologises because they did just that.
“poorly defined and far too broad”
and who added this weekend that we now
“see the consequences of that”?
“something you would expect to see in Moscow not London.”
Given that reportedly only 6% of those arrested for protesting against the coronation were charged with anything at all, does the Minister agree that the new legislation is nothing but an advert for how to impede people’s right to protest?
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