Northern Ireland legislative consent granted, Scottish and Welsh legislative consent sought. Relevant documents: 33rd and 41st Reports from the Delegated Powers Committee, 11th Report from the Constitution Committee, 5th Report from the Joint Committee on Human Rights
Clause 124: Places of worship: restriction on protests
My Lords, my amendments seek to improve Clause 124. It is worth reminding ourselves that this clause seeks to amend Section 12 of the Public Order Act 1986. Curiously, that section was itself amended in 2022 to allow the senior police officer to impose conditions on a march if it resulted in
“serious disruption to the life of the community”,
in particular where it results in
“a significant delay to the delivery of a time-sensitive product to consumers”,
or
“disruption of access to any essential goods”
or services to be delivered to places of worship. It is somewhat strange that the Act was amended to allow goods and services to be delivered, but did not mention disruption to the services themselves, so Clause 124 is a great improvement and a great help.
However, I wish to draw to the attention of the Ministers, the noble Lords, Lord Hanson and Lord Katz, that Section 12 is dependent upon the actions of a “senior police officer”, who “may”—the Act is specific on that word—decide to take action. I guess that he may not, as he is not required so to do. The Home Office will still be totally and solely reliant on the decisions of the senior police officer being put into action. There is no override envisaged that the Home Office can apply.
While I am on my feet, I believe that exactly the same point applies to Amendment 372 in the name of the noble Lord, Lord Hanson; again, it says that a senior police officer may choose to do this. I suggest that does not deal with the problem that when complaints are made by members of the public, politicians currently simply put their hands up and say, “It’s nothing to do with us; this is a police matter”. As we have seen in the West Midlands, we cannot rely on the police in every instance to do their duty and act fairly.
My Lords, I support these amendments for the reasons that have been mentioned. Lists are always difficult, because wherever you draw the line, there may be another group to be added, but this is a sensible pair of additions to the definition as applied in the Bill. It is difficult, not least because this week we have seen complaints about what is happening in Notting Hill, where an Israeli restaurant seems to have had a protest directly outside it for no other reason than that it happens to be Israeli. This does not seem to have anything to do with the people attending or running the place, other than the connection to Israel. No matter where we draw the line on the list, there may always be others to add. But if we cannot protect children, and we cannot protect where minority and faith groups gather to share their faith, then our society will probably be worse for it. Providing this definition will make the police’s job easier. While others may argue for more to be added to the list, these are two reasonable, well-founded additions.
My Lords, I share the concern expressed by the noble Lord, Lord Leigh of Hurley, that senior police officers do not always act as they should. On Tuesday in particular, I expressed that concern in these proceedings and was rather rebuffed by the Minister. I assure the noble Lord, Lord Hogan-Howe, that I do not believe that senior police officers in particular cannot generally be relied upon to act in the best interests of their community, but I urge the Government to beware of legislating in the confident expectation that they always will. The reservations of the noble Lord, Lord Leigh, are justified. As he explained, Clause 124, if unamended, will permit a senior police officer to impose restrictions where processions or protests are
“in the vicinity of a place of worship and may intimidate persons of reasonable firmness”,
and deter them from attending
“a place of worship for the purpose of carrying out religious activities”,
or from actually carrying out such activities. As the noble Lord has explained, the amendments would add faith schools and faith community centres to list of institutions where conditions might be imposed.
On Tuesday, we went through considerable argument about the purposes of Clause 124. There was a great deal of discussion about protecting synagogues on successive Saturdays, and the noble Lord, Lord Hogan-Howe, has raised the important point that communities gather together, worship or carry out religious activities and celebrations in areas quite apart from synagogues. Bondi Beach, after all, is not a synagogue: it is a public beach where Hanukkah celebrations had been organised and were being attended by Jewish communities.
I add my voice to those of the noble Lords, Lord Hogan-Howe, and Lord Leigh of Hurley: our faith communities need protecting wherever they are gathering for the purposes of their faith. That said, I certainly agree, as does the noble Lord, Lord Hogan-Howe, with the extension of this power to cover religious activities at faith schools and faith community centres. That would be a proportionate protection, and well defined. Faith schools are a particular sensitivity, because they are principally for young people of given faiths, who may be damaged psychologically for life by being attacked in or in the vicinity of those schools. The same goes for faith community centres, where Sunday school activities or religious education may be taking place. Of course, this is of particular importance to the Jewish community in the present climate, in the light of the horrific attacks that have taken place, about which we have heard a great deal. But it is also very important that Muslim faith schools and community centres should be protected too in the presence of considerable xenophobia and Islamophobia.
My Lords, I rise to support the amendment of the noble Lord, Lord Leigh, and to add to the dialogue by saying that we are becoming desensitised to violent, harassing and intimidatory protests. The ideal of having local senior police officers in charge of restricting these protests is becoming much riskier, so the need to legislate has become much more urgent. I endorse the comments of the noble Lord, Lord Leigh, in supporting this amendment.
My Lords, the amendments in this group, tabled by my noble friend Lord Leigh of Hurley and spoken to by him so powerfully today, address an important gap in the Bill as drafted. They would ensure that faith schools and community centres are included within the definition of religious sites for the purpose of restrictions on protests. At their core, these amendments are about protecting people’s ability to practise their faith freely and without intimidation. Places of worship are more than simply buildings used for ceremonial services; they are frequently part of a wider religious campus that often includes schools, halls and community sites. It is wrong to draw an artificial distinction, even if inadvertently so, between a synagogue, a church or a temple and their adjoining faith school or community centre.
Clause 124 itself, and these amendments, do not seek to ban protest, nor to diminish the right to peaceful assembly. Instead, they allow the police to impose proportionate conditions where a protest in the vicinity of a religious site may intimidate people of “reasonable firmness” and deter them from accessing or carrying out religious activities. We had a long and vigorous debate on Tuesday about the clause itself. It is crucial, as many said on that day, that the test be rooted in reasonableness and necessity, and is not used as a guise for police forces to stifle people’s free speech and right to protest. Self-evidently, that must be counterbalanced against people’s safety, particularly that of children, which is where these amendments are so apposite.
This is particularly important given the heinous terrorist attack that took place at Heaton Park synagogue. The aftermath of that attack saw armed police required to stand guard at Jewish schools and community centres. That this had to happen should shame us all. In a civilised country, no one should have to live in such fear. Not only that but in recent years there has been a troubling rise in protests which target religious communities in ways that stray from robust political expression into sheer intimidation.
My Lords, I am grateful to all who have contributed to this short but focused and important debate on the amendments tabled by the noble Lord, Lord Leigh of Hurley, which seek to extend the power for police to restrict protests near places of worship to cover faith schools and faith community centres. The amendments were spoken to by the noble Lord, Lord Leigh of Hurley, and supported by the noble Lords, Lord Hogan-Howe, Lord Marks and Lord Massey of Hampstead, and from the opposition Front Bench by the noble Lord, Lord Cameron.
I acknowledge the wider societal problem that the noble Lord, Lord Leigh of Hurley, powerfully described in moving the amendment. I think it is fair to say that he acknowledged the need for Clause 124 and hence its inclusion in the Bill. We are as government very aware of the problem. In the discussion on the previous mega group of amendments on public order on Tuesday evening, there were some assertions by noble Lord that synagogues are not impacted by marches or protests. I neglected to say it at that time, but this is an opportunity for me to say from the Dispatch Box that that is clearly not the case. We know that there are synagogues in central London that have been directly impacted by marches. They have had to change their service times and have had their normal pattern of worship disrupted by those marches. It is clear proof that, in respect of the Jewish community over the last couple of years at least, we need the provisions of Clause 124.
Before I move on to the amendments, I hope that, in responding to those in Israel and the US who raised with him whether it is safe for Jews to live in Britain and to be in Britain, the noble Lord, Lord Leigh, provided them reassurance that this is still one of the best places to be Jewish. We have fantastic values of tolerance and a liberal approach to enjoying any lifestyle that you wish and any religion that you wish to follow. As a British Jew, I am certainly very happy still, despite the concerns that we are discussing, to say that Britain is a great place to be a Jewish person. I hope that he responded in a similar manner.
I thank the noble Lord, Lord Hogan-Howe, for his contribution. I was tempted to add restaurants to the amendment, but I had already tabled it. I have instead just made a booking there. Members of the House of Lords are welcome to join me to support the restaurant.
I thank my riparian neighbour, down the river at Henley-on-Thames from Hurley, for his most welcome contribution. Of course, I thank my noble friends Lord Massey and Lord Cameron.
I assure the noble Lord, Lord Katz, that I told everyone who made that comment to me that the UK was a very safe space for Israeli citizens to come and visit. However, it really was a concern that was expressed to me, quite shockingly. I assure him that I am totally in agreement with him on that.
I would argue that community centres could not be defined as places of worship. The JW3 centre specifically, as the noble Lord knows, could not be described as such, so it would not come within that definition. However, I can see that he is sympathetic and understanding, and I am very grateful for that. I am grateful to the Government for putting in Clause 124. Clearly, the 2022 Act was not sufficient, which is why they had to put in Clause 124, so perhaps there is a discussion to be had. I am grateful for his agreement to do that. On that basis, I beg leave to withdraw my amendment.
Amendment 371AA withdrawn.
Amendments 371B to 371G not moved.
Clause 124 agreed.
Amendment 372
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Crime and Policing Bill · Order Paper · Order Paper
At the risk of repeating myself, this is the third time I have raised this point in debates on this Bill. In the previous two discussions, I have not really had an answer from the Ministers. In fact, I am not expecting them to answer it right now. What I am asking is for a commitment to consider this point, reflect on it and possibly meet those with an interest in the matter, and for it to be addressed by the time of Report.
My amendments are needed so that we can be sure that if protesters are banned from being near synagogues, they are stopped from simply heading towards Jewish faith schools and Jewish community centres. Of course, if my amendments protect schools and community centres of other faiths then I would be absolutely delighted, so I hope that these amendments will receive support from all sides of the House. Disappointingly, there is not a Bishop on their Bench, because, in my view, places of worship of all denominations need to be addressed by the Bill.
Make no mistake: Jewish people are leaving the UK as they no longer feel safe, particularly with the marches threatening to come back. I was in Israel last week on a parliamentary Conservative Friends of Israel trip, and Israelis were asking me, “Is it safe to be in London or Manchester any more?”. Businesspeople, academics, scientists, tourists and clerics are all nervous about coming to the UK. As we know, by the way, the marches in Westcliff-on-Sea led to synagogue attendance falling, which cannot be acceptable. We now need to be ahead of the protesters, not behind them. We need to protect faith schools and community centres.
Indeed, there have already been protests outside a Jewish community centre; there is one called JW3, which I support. When protesters were outside it on 27 October, there were unpleasant and aggressive slogans, and the police were powerless to move them on. Ironically, they were protesting at an event which was a conference to talk about future peace progress, with Palestinian representatives speaking.
My amendments attempt to pre-empt what we fear will happen after Clause 124 is passed. I have the support of the Board of Deputies of British Jews, of the Jewish Leadership Council—I declare that I serve as a vice-president—and of the Community Security Trust. All these organisations urge that my amendments be passed. As the noble Lord, Lord Walney, said the other day, these proposals do not conflict with anything the Macdonald review might say. The Government need no persuasion of this, because they themselves have proposed Clause 124 and Amendment 372, both of which would ordinarily be covered by the Macdonald review. There is no reason, then, to wait for his report to put through the proposed amendments.
I hope that by Report, the Minister will be able to signal his acceptance of these amendments, because we will keep pressing them. I am sure that the Government will want to play their part in trying to dial down the anti-Israel, and consequently antisemitic, febrile activities and mood. In my opinion, it is most unfortunate that the Government chose to recognise the State of Palestine when they did. This risked giving the organisations of protest the message that their aggressive and unpleasant actions were being rewarded. The Government now have an opportunity to try to show some even-handedness. I beg to move.
We need these protections; we need to combat the fear that is now beginning to permeate the whole of our national life, and which has a really unpleasant and damaging effect. It destroys community cohesion, national spirit and the tolerance for which this country has long been famous.
Faith schools and community centres are where children and families in particular gather, who should never be subject to threatening activity simply due to their faith. They are often places of education, as we have heard from noble Lord, Lord Marks. They are places of leisure and places of play—all in a religious setting.
With that said, it is my submission that the amendments in the name of my noble friend are a welcome step. I hope that the Minister pays them very close regard. I look forward to hearing his response.
On the amendments, under Sections 12 and 14 of the Public Order Act 1986, the police must have a reasonable belief that a public procession or assembly may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or that the purpose of those organising the protest is the intimidation of others. The police must have a similar reasonable belief under Section 14ZA in respect to noise generated by a one-person protest.
Clause 124 will strengthen the police’s ability to manage intimidatory protests near places of worship by allowing them to impose conditions on a public procession, public assembly or one-person protest, specifically if they have a reasonable belief that the protests may result in intimidation and deter those seeking to access places of worship for the purpose of carrying out religious activities or conducting religious activities there.
Clause 124 does not define places of worship, which means that, where community centres may be used as a place of worship, there is flexibility for the police to consider using this measure and imposing conditions if appropriate. We believe this is a proportionate approach, because it allows the police to exercise their independent operational judgment rather than being constrained by prescriptive lists in legislation. Non-statutory guidance from the College of Policing will assist in clarifying marginal cases without removing the police’s discretion.
I appreciate the point that the noble Lord, Lord Leigh, made—and has made in previous debates—on police discretion. To respond to him directly, I am of course very happy to meet him with department officials to discuss this as we move through Committee and before we get to Report. That offer is open to him and to other noble Lords who would care to discuss the issue.
Regarding faith schools, as the noble Lord, Lord Marks, said, there is particular sensitivity around schools because it involves young people. I declare an interest; I have two daughters who attend a Jewish faith school. It is incredibly concerning that they could be exposed to this in the manner of going to school and that the most normal everyday activity that a child or young person undertakes could be so disrupted. We very much share his concern, and his concern that it is not simply about Jewish faith schools; we are talking about all manner of faith schools, particularly, as the noble Lord, Lord Marks, pointed out, Muslim schools—they are very much at the cutting edge as a very visible place in a community where protests could be mounted and could be a focus for local community opposition or aggression, which is why we need to be careful about it. However, the Police, Crime, Sentencing and Courts Act 2022 gave local authorities the power to make expedited public space protection orders which protect those attending schools from intimidation, harassment or impeded access in the course of a protest or demonstration. Combined with the wide range of powers the police already have to address intimidation and harassment, these amendments would, I submit to your Lordship’s Committee, unnecessarily duplicate existing law.
Given that, I hope—although I am realistic—that I might have been able to reassure the noble Lord, Lord Leigh, a little. I hope that, taking an account of the offer of a meeting and further discussion on the points that his amendments raise, he would agree that his amendments are not necessary and, at least for the time being, that he will not press them.