My Lords, the Committee will have noticed that I confused my ZZAAs before, which is why I moved that amendment earlier, for which I apologise. It is confusing when they are grouped like this.
With the amendments in the name of my noble friend we move to whether the maximum fines for a summary conviction for an offence are proportionate under Clause 144 for failure to comply with the direction. We feel that it would be more proportionate to move from level 5 to level 3, which the JCHR comments on. It says that the Minister may wish to impose an effective deterrent, and that, "““any punishment should be proportionate to the relevant offence. We do not consider that the Minister has explained why these offences differ significantly in impact or scale from other public order offences to justify a significantly greater degree of sanction. Without further justification the Bill should be amended to reduce the sanction from level 5 to level 3, in line with other similar public order offences””."
I should be grateful if the Minister could explain why this is considered worthy of such a significantly greater fine.
Amendments 244ZCG and 244ZCH would reduce from 90 days to 14 days the period in which an activity is prohibited. Surely 90 days is really very extreme. Do we imagine that people will hang around for 14 days and try to repeat their activity? That is possible; it might be taken as part of the freedom to try your demonstration again. But similarly, the Joint Committee on Human Rights asks the Government for an explanation as to, "““why they consider that it is appropriate for the Court to have such broad Order-making powers in connection with the proposed offences. In particular, the Minister should explain why lengthy Orders banning an individual from the vicinity of the controlled area around Parliament might be appropriate””."
Under the provisions of SOCPA part of the enormous offence caused by the clauses in that Bill was to do with banning individuals from an area. The Government need to proceed with extreme caution in this case. If individuals feel very strongly about something that is about to happen—I could quote, for example, the country going to war—of course, individuals will want to protest again and again. Is it really reasonable to prevent them doing so for three months just because they lay down to sleep although they were directed not to do so and contravened the Act? In any case, if they feel that strongly, why should they not do it again? I am not condoning people undertaking criminal activity but in this case, there is a very fine line between taking all individuals who protested and contravened something and banning them from appearing anywhere outside Parliament for 90 days. I do not feel that that is proportionate and I beg to move.
Police Reform and Social Responsibility Bill
Proceeding contribution from
Baroness Miller of Chilthorne Domer
(Liberal Democrat)
in the House of Lords on Thursday, 16 June 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Police Reform and Social Responsibility Bill.
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728 c982 
Session
2010-12
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2023-12-15 17:01:07 +0000
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