Police Reform and Social Responsibility Act 2011
Published:
September 20, 2011 14:38
by
Peace Strike
Neighbourhoods: westminster whitehall
* ALERT * ALERT * ALERT *
New legislation that will prohibit the right to 24hr on-going protest at Parliament Square.
On September 15th the 'Police Reform and Social Responsibility Bill' passed through Parliament and was granted ROYAL ASSENT. This means that it has now become law.
Clause 3 of this new law relates specifically to demonstrations in and around Parliament Square.It states that protest will not now be allowed to cover a 24hour period and be on-going. You will not be allowed any articles associated with being able to maintain an on-going presence. Articles to include tents, sleeping bags, and structures. It could presumably include umbrellas and stools if they think you intend to stay. These artiicles can be confiscated if you do not move on.
What the Act does not make clear is the harm it is trying to address. What is the justification for such severe and harsh restrictions?
Originally it was proposed that if a person defied this new restriction then an 'On the Spot' injunction could be imposed with no court hearing. Also just as alarming, non- police staff, not in unifirm could could confiscate articles associated with a persons protest. The Bill was ammended and at the moment the final Act has not been printed, as I am aware. Things might have improved, though this would seem unlikely.
This Act will be open to legal challenge and it is important that people are aware of this legislation. It is not mentioned in the mainstream press and the public at large will be unaware that our great country has slid further down the slippery slope towards more oppression and control.
WHEN A COUNRTY WAGES IMMORAL, ILLEGAL, ON_GOING CORPORATE WARS FOR YEARS, (with no end in sight) PROTESTERS HAVE A DUTY TO REFLECT THIS INJUSTICE AND DEMAND THEY STOP!
The legislation was rushed through during the Summer reccess.
The immediate threat to the present on-going Parliament Square Protests, is the up and comong High Court Injunction being brought by Westminster City Council for 'Obstruction of the Highway' This should start sometime in October. Keep alert to further postings,
With thanks,
Peace Strike
Parliament Square
07907 233 861
http://services.parliament.uk/bills/2010-11/policereformandsocialresponsibility.html
Contact email: mail@peacestrike
Latest articles feed
New legislation breaches Human Rights Act
The new legislation, as described in the article, clearly breaches Articles 10 (freedom of expression) and 11 (freedom of association) of the European Convention on Human Rights, incorporated into UK legislation via the Human Rights Act 1998 and is therefore incompatible.
a) Any law which interferes with the rights protected by Articles 10 and 11 must pursue a legitimate aim, which the new law clearly doesn't.
b) Any interference with Article 10 and 11 rights must be 'necessary in a democratic society', which clearly prohibiting overnight protests, etc isn't
There is case law (Court of Appeal - Tabernacle vs Secretary of State for Defence) in which it has been found that camping on land as part of a protest is protected by Articles 10 and 11, even when the land is owned by the Secretary of State for Defence and surrounds a nuclear weapons factory (i.e. Atomic Weapons Establishment at Aldermaston). If the right to hold a protest camp outside a nuclear bomb factory is protected, then how can the right to camp on a traffic island opposite Parliament not be protected?
If the law has been enacted as described, the only option is to challenge it through the courts by Judicial Review until a declaration of incompatibility with the Human Rights Act has been obtained, or failing that, until the European Court of Human Rights has found the legislation to contravene Articles 10 and 11. This would then put parliament under great pressure to repeal the offending legislation. The judges cannot simply overrule or strike down the new law as it is primary legislation that has been passed by parliament.