Lord Davies of Gower (Con)

My Lords, in Committee I raised some strong objections to the amendment that the Government were proposing then. We were concerned that the proposals could inadvertently criminalise canvassing and leafleting an officeholder from a rival political party. We were also concerned about the proposed second aspect of the offence, which could criminalise making representations about a matter relating to the officeholder’s private capacity. I still have reservations about the principle behind Amendment 371. I do not accept the Government’s argument that all protests outside a public officeholder’s dwelling constitute harassment. That is the stated view of the Government, but I think it is demonstrably false. If a protest outside a public officeholder’s home becomes actual harassment within the meaning of the law then that should be prosecuted as such, and if the protest breaches the peace or becomes highly disruptive then there are already laws to deal with that, but simply saying that any person who wishes to make representations to a politician about their actions or policies outside their house is harassment and therefore unlawful seems a disproportionate infringement of liberty. Having said that, I am grateful to the Minister for taking our comments on board. The amendment that the Government have tabled on Report is much improved and far more tightly drafted, and I welcome that. Could the Minister confirm that the definition of a protest in the amendment will not include canvassing and leafleting or asking someone to sign a petition? I think we would all benefit from that being on the record. Given that the Government have listened to our concerns, while we are not completely content, we will not oppose this amendment.