Policing Bill would breach human rights, says committee

The Joint Committee on Human Rights has claimed that the government’s Police, Crime, Sentencing and Courts Bill would curb non-violent protest in a way that is inconsistent with our human rights.

Following the committee’s legislative scrutiny, the latest report on the Bill, Part 3 (Public Order), flags serious concerns about the proposed legislation and calls for the complete removal of some clauses. This includes: a new noise ‘trigger’ for conditions on protests is neither necessary nor proportionate and should be deleted from the Bill; new powers to impose conditions on one-person protests in England Wales should be dropped.; and, on sentencing, clauses that increase penalties for breaching conditions placed on protests should be removed as the case has not been made for them.

A new trigger for imposing conditions based on noise strikes at the very heart of why people gather together to protest – to have their voices heard. MPs say that demonstrations with the greatest public backing could be disproportionately impacted by this expansion of police powers to move the location of a demonstration, limit its numbers, duration or even silence chants.

The Joint Committee on Human Rights argues that, while some changes to the offence of failing to comply with police conditions may be justified, the Bill goes further than is necessary, making the criminalisation of peaceful protesters more likely. I t also suggests that using multiple terms that are open to wide interpretation, as currently set out, leaves the law unclear for police and protestor.

Harriet Harman, chair of the committee, said:  “One of our most fundamental rights is to protest. It is the essence of our democracy. To do that, we need to make ourselves heard. The government proposals to allow police to restrict “noisy” protests are oppressive and wrong.

“The government put forward new powers in area areas where the police already have access to powers and offences which are perfectly adequate. The government has served up confusion where clarity and precision is essential. Noisy protests are the exercises of the lungs of a healthy democracy. They should not be treated as an inconvenience by those in power. We are calling for the right to protest peacefully to be given explicit statutory protection.”