Police Reform and Social Responsibility Bill

My Lords, I think it was the noble Lord, Lord Stevenson of Balmacara, who, in an earlier debate, suggested that, as far as this part of the Bill relating to Parliament Square is concerned, I said I would reflect and bring things back. That is why government amendments are in this group. I am keeping my word and seeking to make some changes. Clause 148 empowers the court to make any appropriate order which has the purpose of preventing the defendant engaging in prohibited activities in the controlled area. We want to retain some flexibility for the court to deal with a determined individual who has persistently failed to comply with direction by barring him from the controlled area when it is proportionate and necessary. The noble Lord, Lord Dubs, is seeking to make guidance statutory. The Government are committed to providing the necessary guidance and support but consider that there is nothing to be gained by making the guidance statutory, which could risk interfering in operational capabilities. I will explain why. Statutory guidance is frequently more restricted and concise, lacking the practical examples and case studies that are often present in non-statutory guidance. This means that statutory guidance can end up being less helpful than non-statutory guidance. If action is challenged, the courts will have a look at any type of government-approved guidance, statutory or non-statutory, in considering the lawfulness of the action. The practical impact of making guidance statutory would be limited but the usefulness of the guidance could be reduced. That is probably because we can all envisage a series of scenarios that might apply in this instance. It would be very difficult to capture them all in statutory guidance. In this case, it is believed that non-statutory guidance would be more helpful if these cases were ever tested in the court. However, the noble Lord’s amendment provides a helpful template for the areas and issues which our non-statutory guidance will cover. I thank him for that. I now turn to the government amendments. As I stated in Committee, we want to ensure that the area in which the new regime applies is as small as possible so that it targets the problem of the unique situation of Parliament Square without extending any further than necessary. We recognise the concerns of some that the controlled area is too small and that the effect of these measures could be to displace disruptive activities to footways beyond the controlled area. That is why we have been working with Westminster City Council and the GLA to ensure that relevant by-laws are strengthened to deal with disruptive activity in the wider area. In consultation with the House authorities, it has become clear that additional provision is needed for other areas around Parliament Square not covered by Westminster City Council or Greater London Authority by-laws but which are covered by Royal Parks regulations; for example, the lawn area around the statue of George V, and Victoria Tower Gardens. Therefore, these amendments make provision for a power of seizure to be attached to Royal Parks regulations to support the position we have taken for effective enforcement of GLA and Westminster City Council by-laws. These amendments have the support of the House authorities and are in line with the proportionate and targeted approach we are taking in the Bill to deal with disruption in and around the square.