I beg to move amendment 41, in clause 21, page 21, line 29, leave out “, renewing”.

This amendment would prevent an existing serious disruption prevention order from being renewed.

With this it will be convenient to discuss the following:

Amendment 42, in clause 21, page 22, line 15, leave out “, renewing”.

This amendment would prevent an existing serious disruption prevention order from being renewed.

Amendment 43, in clause 21, page 22, line 23, leave out paragraph (b).

This amendment would prevent an existing serious disruption prevention order from being renewed.

Amendment 44, in clause 21, page 23, line 12, leave out paragraph (b).

This amendment would prevent an existing serious disruption prevention order from being renewed.

Amendment 45, in clause 21, page 23, line 14, leave out “or renewing”.

This amendment would prevent an existing serious disruption prevention order from being renewed.

These amendments take out all the provisions that allow an SDPO to be renewed once its original period has expired. We need sanctions in the justice system to be applied consistently and fairly, and to provide a degree of certainty. The Bill allows the police to apply for an SDPO and, effectively, renew it indefinitely, if they think not only that there is a risk that someone will commit a further offence, but—particularly in relation to clause 13—that renewing the order will prevent offences from being committed generally.

We do not stop people going to the shops because they once got caught stealing. We do not punish people into perpetuity just to control the actions of others, which would be a consequence of an SDPO in relation to clause 13. It would be like the Standards Committee deciding that suspensions from the House could be renewed indefinitely because there was a risk that someone might fail to comply with the standards expected of Members of this House. It is unacceptable for the Government to limit the right to protest, free speech and freedom of assembly when we apply different standards to ourselves.

As we do not support this entire section of the Bill, I will not talk at length about the hon. Lady’s comments. We support the amendments, and I thank her for her tabling them.

As the hon. Member for North East Fife said, amendments 41 to 45 would prevent the courts from being able to renew serious disruption prevention orders. That would mean that where there was evidence that a person subject to an SDPO would go on to commit a protest-related offence or cause serious disruption soon after its expiration, nothing could be done to ensure that they were still bound by the conditions of their order. As a result, these amendments would undermine the purpose of the orders. I therefore encourage the hon. Lady to withdraw amendment 41.

I intend to withdraw the amendment, but I do not agree with the Minister that we should apply orders that can apply indefinitely, and that could therefore breach people’s right to freedom of assembly and speech. If a police officer agrees that another SDPO is needed, they should apply for a new one, rather than renewing one in perpetuity, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

I am happy to address the hon. Lady’s earlier point in the sidebar if she wishes, but in effect it would be for a judge to make a judgment about renewal; it would not necessarily just be for the police to impose a renewal.

Clause 21 enables a person—an individual subject to an SDPO or a relevant police officer—to apply to the appropriate court for the variation, renewal or discharge of an SDPO. Either of those individuals may apply at any point during the duration of the SDPO, and subsection (12) provides that the normal six-month time limit on magistrates hearing complaint cases does not apply. That is to ensure that applications for SDPOs with a duration of six months or longer can still be made to these courts.

When deciding whether to vary, renew or discharge an order, the court must hear from both sides—for example, the relevant police officer applying for a renewal of the order and the person subject to that order—before making its decision. That is to ensure that the court has the opportunity to consider arguments both in favour and against any changes to the terms of the order. When making its decision, the court can decide to vary, renew or discharge either the whole of an SDPO or certain prohibitions or requirements in an order, depending on the evidence presented to it. In deciding whether to vary or renew an order, the court must satisfy itself on the same grounds as are required when imposing an order—namely, that the order will prevent the person subject to an SDPO from committing, or contributing to others committing, a protest-related offence, a protest-related breach of an injunction or activities that result or are likely to result in serious disruption at a protest. It must also consider whether varying or renewing the terms of an order will protect organisations or two or more individuals from the risk of serious disruption arising from any of these activities.

Any changes to an SDPO will be subject to the requirements set out in clauses 14 to 19, apart from subsections (2) and (3) of clause 17, which deal with notification requirements when an order is first made. In practical terms, this means that any changes to an SDPO will be subject to the same duration limits as apply when an SDPO is first imposed—namely, they may last a minimum of one week and a maximum of two years. If a court decides to vary or renew an electronic monitoring requirement, that will again be limited to a 12-month duration. Nothing in this clause prohibits further variances or renewals of an SDPO if a court and a judge consider them necessary. I urge that clause 21 stand part of the Bill.

I do not have a significant contribution to make on this clause, given that we have already debated the principle. I will just ask this. The Minister has twice said that there will be a duration limit of 12 months on an electronic monitoring requirement. That is true; it is in subsection (9). However, the explanatory notes to the Bill say that

“this does not preclude a further extension…if the SDPO is renewed.”

Therefore in reality that requirement can be extended—if the SDPO is renewed—in the same way as other conditions.

That is certainly the case, if evidence is presented to the judge that the person is likely to persist in the disruptive activity for which the original order was originally imposed, which seems perfectly reasonable to me.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill