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Public Order Act 1986

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Public Order Act 1986 (89)

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Lord report stage second day. Amendment 47 agreed to on division (285 to 208). Amendment 48 disagreed to on division (240 to 254). Amendment 50 disagreed to on division (239 to 248). Amendment 54 agreed to on division (283 to 192). Amendment 56 agreed to on division (259 to 200)....

Lead member
Lord Sharpe of Epsom
Answering member
Lord Ponsonby of Shulbrede; Lord Coaker
Department
Home Office
Type
Debates on bills
Date
7 February 2023
Reference
827 cc1097-1157
House
House of Lords

Moved by

Lord Paddick

46: Leave out Clause 10

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1098
House
House of Lords

My Lords, I rise to move Amendment 46 in my name and to speak to Amendment 47, to which I have added my name. Amendment 46 would remove Clause 10 from the Bill; I am grateful for the support of the noble Baronesses, Lady Chakrabarti and Lady Meacher, and the...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1098-9
House
House of Lords

My Lords, this House is wonderful. Your Lordships have heard from a former police officer exactly what the police think of this and how they will handle, or possibly mishandle, it; we are shortly to hear from a lawyer who has experienced court cases about this sort of thing; and...

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1099-1100
House
House of Lords

My Lords, I rise in support of my noble friend Lord Coaker and of my friend the distinguished former police officer and consistent advocate for rights and freedoms, the noble Lord, Lord Paddick. Stop and search is always a vexed question; even stop and search with reasonable suspicion is a...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1100-1
House
House of Lords

This being not Committee but Report, the simplest and speediest answer that I can give to the noble Lord’s question is that Clause 11 is about suspicionless stop and search. He has picked out a particular subsection in the scheme, which would have been interesting in Committee. But the crucial...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1101
House
House of Lords

He is called the noble Lord, Lord Deben.

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1106
House
House of Lords

It is in Suffolk.

Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1106
House
House of Lords

My Lords, I rise to speak to Amendment 47 in my name, for which I am grateful for the support of the noble Lord, Lord Paddick, the

noble Baroness, Lady Chakrabarti, and the right reverend Prelate the Bishop of Manchester. Just in case I forget, I say now that I...

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1108-1110
House
House of Lords

I thank my noble friend Lord Anderson for that important point.

My example is that around Parliament Square, we have a designated area. Your Lordships, passing through it, can be stopped. I think that the noble Lord, Lord Hogan-Howe, has often mentioned that sometimes you have no idea that you are...

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1110-1
House
House of Lords

My Lords, the amendment tabled by the noble Lord, Lord Paddick, seeks to remove the suspicion-led stop and search measure from the Bill, while that tabled by the noble Lord, Lord Coaker, seeks to remove the suspicionless stop and search measure. I understand the strength of feeling expressed by all...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1111-3
House
House of Lords

My Lords, I thank all noble Lords who have spoken from all sides of the House and of the debate, from former police officers to the noble Baroness, Lady Jones, who was arrested at a protest.

The noble Lord, Lord Wolfson of Tredegar, made a great play on John Lewis. I...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1113
House
House of Lords

Moved by

Lord Coaker

47: Leave out Clause 11

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1113
House
House of Lords

I beg to move.

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1113
House
House of Lords

Moved by

Lord Sharpe of Epsom

48: Before Clause 15, insert the following new Clause—

“Imposing conditions on public processions: serious disruption

(1) Section 12 of the Public Order Act 1986 (imposing conditions on public processions) is amended as follows.

(2) After subsection (2) insert—

“(2ZA) In considering for the purposes of subsection (1)(a) whether a...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1114-9
House
House of Lords

My Lords, we now turn back to government Amendments 48 to 51, which relate to the definition of serious disruption within Sections 12 and 14 of the Public Order Act 1986 and the reasonable excuse defence with regard to the offences of wilful obstruction of the highway and public nuisance....

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 cc1119-1120
House
House of Lords

Moved by

Lord Sharpe of Epsom

50: After Clause 16, insert the following new Clause—

“Wilful obstruction of highway

In section 137 of the Highways Act 1980 (penalty for wilful obstruction), after subsection (1) insert—

“(1ZA) Subsection (1ZB) applies where—

(a) a person wilfully obstructs the free passage along a highway, and

(b) the obstruction causes or...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1124
House
House of Lords

I beg to move.

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1124
House
House of Lords

Moved by

Baroness Chakrabarti

54: After Clause 18, insert the following new Clause—

“Protection for journalists and others monitoring protests

A constable may not exercise any police power for the principal purpose of preventing a person from observing or otherwise reporting on a protest or the exercise of police powers in relation to—

(a) a...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1128
House
House of Lords

My Lords, we now come to the totally uncontroversial matter of protecting journalists from abuse of police power. This is an amendment in my name and also those of the noble Baroness, Lady Boycott, the noble Lord, Lord Paddick, and the noble and learned Lord, Lord Hope of Craighead. We...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
7 February 2023
Reference
827 c1128
House
House of Lords