Coronation: Policing of Protests

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the policing of protests during the coronation.

The coronation was a once-in-a-generation moment, a moment of national pride and a moment when the eyes of the world were upon us. It was a ceremony with roots over a millennium old, marking a renewed dedication to service by His Majesty the King in this new reign. The coronation went smoothly and without disruption. I thank the 11,500 police officers who were on duty alongside 6,500 military personnel and many civilians.

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.

On Saturday, millions of people greatly enjoyed the coronation ceremony. Others, who wish to see a republic, chose to protest peacefully, as is their right in a democratic society. Protests in Glasgow and Edinburgh went off without incident. In London, however, protesters who had gone to considerable lengths to liaise with the Metropolitan police in advance of their protest to clear both the nature and the location of the protest, were detained, searched, arrested and held in the cells from 7 am until after 11 pm. All six of those arrested have now received letters saying there will be no further action taken against them. There were a number of other arrests of concern, but because there are no legal proceedings in respect of the six, and therefore no reason for Parliament not to begin today to address what happened to them, I will focus on them.

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

I have the greatest respect for the hon. and learned Member and take her questions seriously. She asked about pressure; the police are operationally independent and make decisions independent of Government. Ministers received a briefing, particularly as the intelligence picture escalated in the 24 hours before the event. The Mayor of London also received briefings, as did the shadow Home Secretary on Friday, I believe. There is nothing out of the ordinary in Ministers receiving briefings, not least because the police and other security and civilian agencies need to co-ordinate. The House has just debated and scrutinised the legislation at some length, and there are no plans to change it.

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.

Nobody should question that it was a difficult time and a difficult task for the Metropolitan police. Nobody should question that, to a large extent, they carried it out brilliantly and gave us a marvellous occasion this weekend. That being said, within one week of the Public Order Act entering the law, and in its first serious use, we end up with the head of the Met having to apologise to people who were wrongfully arrested. In the event that the Home Affairs Committee reviews this matter and comes back with recommendations on how to change guidelines and perhaps laws, will the Home Office take that on board?

I caution my right hon. Friend against asserting that those people were wrongfully arrested. That is a legal threshold and it has not been established that it was met. On the issue of testing the legislation, I draw the House’s attention to the fact that this was a once-in-a-lifetime event, which took place against an intelligence backdrop that suggested that there were multiple, well-organised plots to cause serious disruption. Had they proceeded, they would have been taken very seriously by this House and been seen around the world. I do not think one can infer from what happened at the weekend that the recently passed legislation is defective.

I call the shadow Minister.

The coronation of King Charles III involved the largest police effort ever undertaken. I thank the thousands of police officers who ensured that so many people were able to enjoy such a historic occasion without incident. Rightly in our democracy, the police had operational responsibility and had to take decisions at pace and under pressure. Rightly in our democracy, we have scrutiny and accountability where problems arise. Hundreds of people who chose to do so were able to protest. As the Minister stated, some plans to disrupt were foiled, but serious concerns have been raised about some of the arrests.

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.

I agree with the shadow Minister that it is important to maintain the balance to which she refers, but as I said in my opening and subsequent responses to the hon. and learned Member for Edinburgh South West (Joanna Cherry), the right to protest was, for those hundreds of people, protected. The protests did happen, and indeed there is no question, in principle or in any legislation, but that the right to peaceful protest is sacrosanct. In recent months, however, we have seen that right being stretched into acts that were deliberately disruptive, when people have sought to close down the M25 and to close down the streets of London, not so much as an act of protest as to deliberately inconvenience the public. That is where we draw the line.

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.

Does the Minister agree that, as a matter of law, the police are entirely within their rights to arrest individuals in order to prevent a crime? That happens somewhere in the country pretty much every day. Obviously, the police do not wait until a crime is committed—until the active offence is committed—before acting. If they know from intelligence received that an armed robbery was about to take place, they do not have to wait until it is taking place before acting, and the same applies here. Does the Minister agree that the police did an excellent job in very difficult circumstances? This is a Government who support the police; we will leave the Opposition parties to support those who do not follow the law.

Order. The right hon. and learned Gentleman is not at the Bar now. He must ask shorter questions.

It is easy to criticise after the event, but yes, I do agree that the police did a good job in extremely trying, difficult and fast-moving circumstances, and in which judgments were inevitably difficult.

I call the Scottish National party spokesperson.

The United Nations High Commissioner for Human Rights has said that the Public Order Act is incompatible with the right to freedom of expression, peaceful assembly and association, and it is deeply disappointing to hear both Labour and the Conservatives make it clear that they are wedded to legislation that undermines our rights to protest. Graham Smith, the CEO of Republic, has said:

“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?

It is entirely inaccurate to say that the right to protest does not exist. As I pointed out, hundreds and hundreds of people did peacefully and lawfully protest on coronation day. They did so unmolested and unimpeded, which goes to show that the idea that the right to protest does not exist anymore is absolute nonsense. What does not exist is the right to cause disruption to other members of society. That is what our laws seek to prevent.

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.

Does my right hon. Friend agree with me that the Metropolitan police did a great job? They took the necessary action to protect the public during a unique state event. We have heard not one word from Opposition Members—and will not hear anything in what is yet to come—that provides evidence to the contrary. It is reassuring that, for once, the Metropolitan police acted on the side of the hard-working public who want to have the opportunity to enjoy events, rather than being the victims of left-wing protest groups.

I agree with my hon. Friend.