Coroners and Justice Bill

I am grateful to the noble Lord, Lord Lester of Herne Hill, for moving the amendment. We share his concern about undue restrictions on freedom of expression, especially in the context of protests. The Government made it clear in their response—from which he quoted—to the seventh report from the Joint Committee on Human Rights that the starting point in policing protests is a presumption in favour of freedom of expression and freedom of assembly. We are committed to protecting those rights. As the noble Lord explained, his amendment would give effect to one of the recommendations of the JCHR’s report Demonstrating respect for rights? As the House has heard, we have considered concerns raised by the Joint Committee around the use of Section 5 of the Public Order Act. We announced our intention to consult the police and a range of stakeholders on the proposed amendment to Section 5 over the summer and report back to the Joint Committee in the autumn. We have now consulted a range of stakeholders and are currently collating the responses that we have received. As set out in the policing Minister’s recent letter to the Chair of the JCHR, we will reply to the Committee on all its recommendations, including that on Section 5 of the Public Order Act, by 9 December. I think that I can agree to putting in the Library a copy of that letter of 24 October, which I have shown to the opposition Front Bench this afternoon. This will allow us to take a considered review of the responses received and set them against the HMIC review into policing of protests, due to be published next month. That review will touch on a range of issues, including legislation around public order. We believe that consulting the police and others on the implications of the noble Lord’s amendment is important, as Section 5 of the Public Order Act can be used by the police to deal with a range of lower-level disorder. Clearly, it will depend on the circumstances and whether the conduct in any particular case amounts to threatening, abusive or insulting words or behaviour, or alternatively to disorderly behaviour. I can give the House figures about how many times the section has been used in recent years, in court and to give penalty notices, but I cannot give figures that distinguish between the various ways in which the section is made up—whether it was for insulting, abusive or threatening behaviour. People hold strong views for and against particular issues and they are likely to want to protest vociferously or display strongly worded banners in support of or against a particular issue. We would not want to stop them doing so unjustifiably. We would be very concerned if there was evidence that Section 5 was being used inappropriately, but there are safeguards, in that the police and CPS have to examine each case individually, looking at the circumstances and context. Among other things, they would consider what was said or done, what the intention behind it was and whether it was said or done within the sight or hearing of another person. The CPS will look at whether there is enough evidence to provide a realistic prospect of a successful prosecution; the second limb of its requirement is to see whether it is in the public interest to prosecute. The Human Rights Act lays down that all legislation, including Section 5, must be read and given effect in a compatible way. The European Court of Human Rights, as the noble Lord will know better than most, has held that Article 10(1) of the convention applies, ""not only to ideas that are favourably received, or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb"." That was in the case of Handyside, now many years old. It applies to the right to receive as well as impart information. We are aware that the JCHR does not think that improving guidance will be sufficient to address its concerns, but we take a different view. Irrespective of whether Section 5 is amended, the police need to have the right guidance and training on these difficult issues, otherwise we risk having exactly the same debate in the future, set against a different legislative framework. In view of the fact that the Government are still in the process of collating responses on the amendment to Section 5, I ask the noble Lord to withdraw his amendment.