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Lords report stage fourth day. Amendment 369 disagreed to on division (75 to 190). Amendment 369A disagreed to on division (88 to 172). Amendment 371 agreed to. Amendment 371A agreed to on division (200 to 162). Amendments 372ZZA and 372ZZB agreed to. (Part 1 of 2).

Lead member
Lord Hanson of Flint; Lord Katz
Answering member
Lord Davies of Gower
Department
Home Office
Type
Debates on bills
Notes
Northern Ireland legislative consent granted, Scottish and Welsh legislative consent sought.
Date
9 March 2026
Reference
854 cc23-40
House
House of Lords

Moved by

Lord Marks of Henley-on-Thames

369: Before Clause 133, insert the following new Clause—

“The right to protest

Before section 11 of the Public Order Act 1986 (advance notice of public processions), insert—

“10A The right to protest

(1) Everyone has the right to engage in peaceful protest, both alone and with others.

(2) Public authorities...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c23
House
House of Lords

My Lords, in opening this group, I will speak principally to Amendment 369, which is in my name and the names of my noble friend Baroness Doocey, and the noble Baronesses, Lady Fox of Buckley and Lady Jones of Moulsecoomb. I will also speak to Amendments 369A, 372A, 372B, 372C...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc23-8
House
House of Lords

The noble Lord has already accepted that the right to protest has to be balanced against the rights of others. Surely the virtue of the cumulative disruption provision, Clause 140, is that it is totally unacceptable that the rights of others who wish to pray in their synagogue, who wish...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c25
House
House of Lords

The answer to that is that the cumulative nature of the disruption is not what causes the oppression to worshippers at synagogues or mosques or anywhere else. We have accepted, for the purpose of Report, restrictions on the right to protest near places of worship on condition that it is...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c25
House
House of Lords

My Lords, I rise to speak to Amendment 369A in my name, which we have just been discussing, and to Amendments 372A, 372B, 372C and 373, to all of which I have added my name. Regarding Amendment 369A, Clause 133 seeks to create a new offence of concealed identity at...

Member
Lord Strasburger (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc25-30
House
House of Lords

My Lords, before I speak to my amendments in this group, I would like to say that I learned to read a long time ago—more than 70 years ago, before I went to school. This alphabet soup of a Bill is quite confusing, partly because so many people disagree with...

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc30-2
House
House of Lords

Before she sits down, I put to the noble Baroness that her amendments would not achieve the purpose that I understand the Government to have with Clause 139. If you confer the power in relation only to a protest that takes place within 50 metres then you are not going...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c32
House
House of Lords

Hear, hear!

Type
Proceeding contributions
Date
9 March 2026
Reference
854 c32
House
House of Lords

I will speak to you all later.

I think the noble Lord is wrong. You cannot have these vague terms. I would have thought the noble Lord would appreciate the fact that you need clarity in legislation. How can the police know what “in the vicinity” means? How can they possibly...

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c32
House
House of Lords

My Lords, I have added my name to Amendment 369, which would introduce an express statutory right to protest and impose negative and positive obligations on authorities that recognise the right to protest. We were told in Committee, as the noble Baroness, Lady Jones, has reminded us, and we have...

Member
Baroness Fox of Buckley (Non-affiliated)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc32-5
House
House of Lords

I agree with much of the discussion about this important group, but I remember that this is Report. While I share particularly the concerns about cumulative disruption, because it is Report, not Committee, I will confine my remarks to one speech in this group, with no interventions, and focus on...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc35-6
House
House of Lords

Before the noble Baroness sits down, can I ask her gently to explain why she does not accept that the margin of appreciation permits the Government to do things outside what we would want to see? I know that she and I both are great advocates for the ECHR, and...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c36
House
House of Lords

I was trying to be brief—this is Report—but, with the leave of the House, I will answer, again as briefly as I can. I know that not everyone agrees and not every jurist agrees, but as far I am concerned, the margin of appreciation was always intended to be an...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c36
House
House of Lords

My Lords, the right to protest is an interesting concept. We all agree, on all sides of the House, that there is a right to protest. But, as with most rights—the right to free speech or the

right to assemble, for example—in English common law it is not part of...

Member
Lord Faulks (Non-affiliated)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc36-7
House
House of Lords

My Lords, this is indeed Report and I have a great deal of sympathy with the amendments that the noble Lord, Lord Marks, spoke to. I also take the point of the noble Baroness, Lady Jones: this is a large group, with a large number of amendments. But I will...

Member
Lord Hacking (Labour)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc37-8
House
House of Lords

My Lords, in my experience, the later the sitting, the more persuasive the noble Lord, Lord Hanson, gets—but that is just a personal view.

I shall make one general comment and then make my observations on Amendments 369 and 369A. The modest changes—and they are modest—introduced in the Bill by the...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c38
House
House of Lords

I thank the noble Lord for giving way, but perhaps I could give him a very small example of something that is completely relevant to what he says. On 5 March this year, the Metropolitan Police raided a Quaker meeting house and arrested a number of young, non-violent activists who...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c38
House
House of Lords

I am grateful to the noble Baroness, who makes a forceful point, but my understanding is that that led to no charges. I certainly would not defend what the police did in those circumstances. Perhaps more relevantly, it has nothing whatever to do with the contents of the Bill or...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 cc38-40
House
House of Lords

My Lords, I rise mainly to support the Government. It seems to me that they are broadly taking steps to stop intimidation of the public, not to stop intimidation of the Government, which is what those who support the right to protest seem to be suggesting. The amendments, on the...

Member
Lord Hogan-Howe (Crossbench)
Type
Proceeding contributions
Date
9 March 2026
Reference
854 c40
House
House of Lords