---

Human Rights

I take this opportunity to echo the comments of my hon. Friend and to praise the progress that has been made on policing in very challenging circumstances in Northern Ireland. We recognise that in the Home Office, and it was certainly reflected in the Committee's report. The Government believe that we must start from the position of supporting those who want to exercise their right to peaceful protest. None the less, those seeking to exercise it must act responsibly and look to work constructively with the police. The public can expect some disruption and inconvenience as a consequence of the state's upholding the rights of protest. That is the hallmark of an open and democratic society. We agree with the Joint Committee that the policing of protest must be founded on good communication and dialogue between the police and protest groups, drawing on community-style policing, which is the foundation of what we do. It is key to a no-surprises policing policy. The Government are not saying that protests will be unfettered. If, for example, there is a threat of serious public disorder, the Public Order Act 1986 specifically allows the police to intervene and impose conditions on protests to prevent serious public disorder, serious disruption to the life of the community and serious damage. That is based on a senior officer's reasonable belief, taking into account the particular circumstances. It is very clear that we need to ensure that such a decision is made at an operational level—by that, I mean at the time and on the judgment of a professional police officer. The 1986 Act needs to be read against the Human Rights Act 1998 whenever the police consider using their powers in such a way. Clearly, the police must have guidance and training. The principles also provide clarity on issues that continue to raise legitimate concerns, such as the proportionate and appropriate use of police stop-and-search powers; the use of force; the application of containment; how police and protesters can improve their communication with one another; how chief constables can ensure that officers in uniform are clearly identifiable at all times to the public whom they serve; and what images and data on protesters the police can gather and retain. I will touch on the points raised by hon. Members in a moment. ACPO and the National Policing Improvement Agency are already well on the way to updating guidance and training. As the HMIC makes clear, it is all very well providing guidance and training, but the guidance and training need to be targeted, practical and informed by front-line officers who are facing the public. Transparency is key to building confidence and to working towards a no-surprises policing policy. Given the national public order and interoperability challenges, forces across the country need to use and comply with guidance and training. We often have situations in which police are moved from one force area to another to police a protest. If they work under different guidelines or have a different approach, that could cause great difficulty and mean that they were not doing their job so well. It is important that we have some consistency across the 43 forces in England and Wales. We agree with the HMIC recommendation that a Home Office code of practice is the way to achieve that consistency, and we are working with the police service to develop a code that supports common standards and gets the right balance in minimising bureaucracy and respecting key elements of the British policing model—operational independence, officer discretion, local innovation and political neutrality. I have listened very carefully to the points that have been raised, and I am delighted to be able to answer them. Unusually, I have time to do so; I do not think that I have ever been in Westminster Hall when I have had time properly to answer the points raised. I hope to cover everything that has been raised today. My hon. Friend the Member for Hendon raised a number of issues, particularly about stop-and-search, section 44 of the Terrorism Act 2000 and photography. The hon. Member for Bury St. Edmunds talked very supportively about the hard work that our police do, and the hon. Member for Cambridge (David Howarth) raised other concerns that I will address later. I hope that in my first comments I addressed the concern of the hon. Member for Bury St. Edmunds about the core principles. Proportionality, legality and necessity are the principles behind the policing of protests. ACPO, the NPIA and the Home Office all have a role to play in ensuring that our police on the ground have the guidance and practical support that they need to act in that way.