Thank you to all the
constituents who have recently got in touch with me regarding the Police,
Crime, Sentencing and Courts Bill.
I am disappointed, as ever,
that some feel it necessary to send abusive messages. As everyone should, I
have a zero tolerance policy to such remarks and any that constitute an offence
will be followed up with the authorities.
I want to first comment on the
extremely distressing murder of Sarah Everard. My thoughts are very much
with Sarah's family
and loved ones, who are clearly going through a very painful
time. This shocking case has sparked a national conversation which is
vital to the future of our society.
Sadly, for many women, this news
story will bring back memories of threatening situations they found themselves
in through no fault of their own, sexually harassed on the streets when walking
home from meeting
friends, receiving anonymous threats of physical violence on social media, or
sexually assaulted in plain sight in rush hour on public transport on the way
to work. Many
choose not to talk about this and not to report it for fear of not being
believed or being taken seriously. Research shows that these sorts of events
are, depressingly, a part of women’s everyday lives, and that is why what
happened to Sarah Everard feels so very close to home.
The response to the reopened
call for evidence on the Home Office’s violence against women and girls strategy, which I first
shared some weeks ago, has now received more than 130,000 submissions.
If you would like to
contribute you can on the link below:
https://www.gov.uk/government/consultations/violence-against-women-and-girls-vawg-call-for-evidence
Please feel free to let me
know if you
choose to do this, I would be extremely
interested to see your contribution.
Specifically, I want to briefly address the action taken by the Metropolitan Police at the vigil held in Clapham on 13th March. I do have concerns around
the scenes/images we saw round the policing
of this, and this should have been
handled a lot better. It
is a shame that an agreement for the vigil to go ahead could not be made
despite the efforts.
Ultimately however due to the
pandemic we are still fighting against an agreement for the event to go
ahead safely was not agreed by the relevant parties. The action taken here by police
was because of the national lockdown/restrictions we are in which are in place
to prevent the spread of Covid-19. With people packed tightly
together there was a genuine risk of transmission.
It is a shame that there has
been a deliberate conflation by the Labour party and others with the Covid regulations and
their effect on the right to protest. The Labour party did not
oppose these regulations but voted in favour of them. They have conflated
those arguments with measures in the Bill that long predate what happened on
the weekend.
We are still firmly in the
middle of a national lockdown and it
is so important that everyone continues
to do
everything we can to
stop the spread of Covid-19 in order to protect the NHS. The UK vaccination programme is making
wonderful progress and, all being well, we can start to ease the restrictions
very soon.
My apologies for the long
start to this post but as many mentioned the above in their emails, I wanted to express my
thoughts and clarity around this.
Now, relating to the Bill
itself, the main
concerns relayed to me are around the right to protest.
Specific points of concern
relate to the below:
-Clauses 54 to 56 and 60
would amend police powers in the Public Order Act 1986 so police can impose
conditions on protests that are noisy enough to cause “intimidation or
harassment” or “serious unease, alarm or distress” to bystanders.
-Clauses 57 and 58 would
amend provisions in the Police Reform and Social Responsibility Act 2011 to
expand the “controlled area” around Parliament where certain protest activities
are prohibited. It would also add obstructing access to the Parliamentary
Estate to the activities prohibited in the “controlled area”.
-Clause 59 would abolish the
common law offence of public nuisance and replace it with a new statutory
offence of “intentionally or recklessly causing public nuisance”
I very much support the right
to protest and it is such an important
part of a functioning and
healthy democracy.
The Bill will not undermine freedom to protest. Instead, the measures will balance
the rights of protesters with the rights of others to go about their business
unhindered. They will achieve this by enabling
the police to better manage highly disruptive protests.
The changes are needed
because existing public order legislation was passed in 1986 and is no longer
fit for managing the types of protests that are
experienced today. The highly disruptive tactics used by some
protesters cause a disproportionate impact
on the surrounding communities and are a drain on public funds. The
Metropolitan Police Service’s cost for policing Extinction Rebellion’s 2019
April protests in London was over £16 million.
Changes will improve the
police’s ability to manage such protests enabling them to dedicate resources to
keeping the public safe. When
using these, or existing public order powers, the police must act within the
law and be able to demonstrate that their use of powers are necessary and
proportionate. They must act compatibly with human rights, principally Article
10 (freedom of expression) and Article 11 (freedom of association).
The new statutory offence of
public nuisance will cover the same conduct as the existing common law offence
of public nuisance.
Further, the offence captures conduct which
endangers the life, health, property or comfort of the public, or to obstruct
the public in the exercise or enjoyment of rights common to the public.
I take issue with the
suggestion that the new measures around policing protests are dangerous and
draconian. Ensuring
that a protest cannot prevent an ambulance from reaching a hospital in an
emergency is the exact opposite of dangerous. Ensuring that police can impose
conditions on protests that are noisy enough to cause intimidation, alarm and
distress to innocent bystanders is the exact opposite of draconian.
The below article from full fact objectively looks at the levels of support for violence
and serious disruption in protesting:
https://fullfact.org/crime/telegraph-protests-disruption/
Unfortunately, all the misinformation around the
Bill has caused some important
democratically elected manifesto promises to be missed.
There will be new protections
and powers for the police while reforming sentencing. Measures include:
-Whole Life Orders for child
killers, with judges also allowed to impose this punishment on 18 to 20 year olds in exceptional cases.
-New powers to halt the automatic
early release of offenders who pose a danger to the public. The Bill also ends
the halfway release of offenders sentenced for serious violent and sexual
offences.
-Introducing life sentences for
killer drivers.
-Serious Violence Reduction Orders
– new stop and search powers against convicted knife offensive weapons
offenders. We will also enshrine the police covenant in law.
-Doubling the maximum sentence for
assaulting an emergency worker from 12 months to 2 years.
-Ensuring community sentences are
stricter and better target underlying causes of crime such as mental health
issues, alcohol or drug addiction.
The Bill also
delivers on the promise/progress to deliver 20,000 more police officers and
delivers on the government’s pledge to restore confidence in the criminal
justice system, giving full support to the police and courts to cut crime and
make our streets safer.
I am proud to vote for this
Bill at second reading and very much hope that cross party consensus around
some of the disagreements can be ironed out in its committee stage, as has
happened very successfully with the Domestic Abuse Bill which is also
progressing through Parliament. It fulfils several manifesto promises,
which I was elected by the people of Truro & Falmouth to help deliver.
If you would like to discuss
this further or any other matter, then please do not hesitate to contact me.
cherilyn.mackrory.mp@parliament.uk