Lord Hanson of Flint (Lab)

My Lords, I will try to respond to what has been a wide but, at the same time, restricted debate, if that makes sense. The amendments deal principally with the reasonable excuse defences applicable to various public order and criminal damage-related offences. Amendments 369A and 369B, tabled by the noble Lord, Lord Davies of Gower, which had the support of the noble Lord, Lord Walney, and others, would exclude a political belief from being considered a reasonable excuse or good reason under the new offences in Clauses 121 and 122. My view is that this would narrow the scope of the statutory defences and reduce flexibility for the police, the Crown Prosecution Service and the courts to consider individual circumstances, particularly given that political belief is a broad and loosely defined concept and not a term commonly used in legislation. The lack of clarity could create uncertainty in its application. The amendments would also have wider operational implications. By prescribing what cannot constitute a defence, the amendments limit the discretion of the courts, the CPS and the police to make case-by-case judgments. This is important because it could restrict the operational independence of the police, the prosecutors and the judiciary, which must weigh factors such as motive and proportionality when deciding to take enforcement action or to prosecute. That goes to the heart of the noble Lord’s amendments, but the Government consider that the current provisions are sufficient and proportionate, and the defences, as drafted, ensure that enforcement and prosecution decisions are made proportionally and in line with the important human rights legislation and obligations that we adopt and accept. Amendment 369AA, in the name of the noble Lord, Lord Blencathra—and I thank him for his comments—would remove the good reason defence in Clause 122. I say to the noble Lord simply that this defence is intended to cover circumstances which are also important. For example, it could be that someone needs to climb on a specified memorial to repair or clean it. We should not be criminalising people in such circumstances, but the acceptance of that amendment would mean that could, in theory, be the case. Amendment 382D in the name of the noble Lord, Lord Davies of Gower, seeks to remove the reasonable excuse defence available to individuals charged with specific offences under the Public Order Act 2023 and Section 137 of the Highways Act 1980. These offences include locking on to an object, tunnelling, or interfering with key national infrastructure. Again, the Government are of the view that the reasonable excuse defence is necessary in these instances to ensure an appropriate balance between protecting the wider community and the right to protest.