The Home Office announced in early October that police forces will be granted further powers to restrict repeated protests.
What are the changes?
The Home Office announced in early October that police forces will be granted further powers to restrict repeated protests. These further powers mean that police can consider the ‘cumulative impact’ of previous similar demonstrations. This could mean the dispersion of protests that have been ongoing ‘for weeks on end, and caused repeated disorder’, according to the Home Office. Amnesty International UK’s Law and Human Rights Director suggested the proposal was ‘ludicrous’, as it limits the amount of times people can protest the government’s decisions, a step that severely limits human rights. The government has confirmed it could mean an outright ban for certain protests.
The changes made will amend sections 12 and 14 of the Public Order Act 1986. These sections regard the imposition of conditions on public processions and public assemblies. It adds further protest restrictions to the 2023 amendment which criminalised obstruction of transport, national infrastructure, and locking-on amongst others.
Currently, the Crime and Policing Bill has passed through the House of Commons and is now being scrutinised in the House of Lords. Within this bill, further protest restrictions are being implemented. One such restriction includes banning concealing identity at protests, such as non-religious face coverings. With the rise of facial recognition in policing, many will fear negative consequences after being identified for peaceful protest. Additionally, under the bill, protests must not take place in the vicinity of places of worship. However, in Central London where protest attention is most sought, there are hundreds of such places, limiting potential routes taken in peaceful protests.
Why are the measures being introduced?
The Public Order Act was introduced in 2023 in an effort to reduce disruption caused by environmental activist groups such as Just Stop Oil. The Crime and Policing Bill follows the 2020 toppling of the statue of the slave trader Edward Colston, which has been criminalised further, and static protests, often carried out by Extinction Rebellion. The recent proposed amendments to the Public Order Act follow demonstrations in Trafalgar Square where nearly 500 protesters were arrested for supporting Palestine Action. The group has recently been classified as a terrorist organisation by the government, a move described by many as a misuse of counter-terrorism legislation.
The recent changes have been proposed as a solution to the rise in antisemitism. The Community Security Trust reported 1,521 antisemitic incidents this year, 51% of which were ‘referenced or linked to Israel, Gaza, the Hamas terrorist attack or the subsequent conflict’, 76 of which were violent.
Home secretary Shabana Mahmood said the freedom of protesting ‘must be balanced with the freedom of their neighbours to live their lives without fear.’
However, critics of the restrictions on protests suggest that impeding on the right to protest and free speech will not reduce antisemitism.
Home affairs spokesman for the Liberal Democrats said: ‘people spreading antisemitic hate and inciting violence against Jews are getting away with it, and we fear the Government’s approach will do nothing to tackle that while undermining the fundamental right to peaceful protest’.
Liberty director, Akiko Hart said police already had ‘immense powers to restrict protests’. Hart believes that while people want action to tackle antisemitism, the protest restrictions are ‘likely to fuel tensions by taking away legal and safe ways for people to make their voices heard.’
Could this go further?
Currently, it is difficult for the UK to restrict protesting rights further, due to the participation in the European Convention of Human Rights (ECHR). Within this treaty the right to protest has levels of protection. However, increasingly popular Reform leader Nigel Farage has expressed support for leaving the ECHR, which would enable tougher restrictions.
What does this mean for the UK?
Free speech is a fundamental aspect of democracy, and protest restrictions undermine this right. With over £500m in arms export licenses being provided to Israel since 2015, and the Climate Change Committee warning the UK it will currently miss its 2050 net zero goal, many members of the public need their voices heard.
The legislation has been described by Amnesty as ‘authoritarian’, a political system which, alongside other characteristics, limits civil liberties such as freedom of expression, assembly and the press. While other aspects of democracy remain intact, it is a worrying move towards the suppression of the public’s voice.