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‘Deeply concerning’ – charities respond as new protesting laws enforced

16 May 2023 News

Close-up protester with megaphone for demonstration

Adobe

Charities have expressed concern over the police’s swift enforcement of new laws introduced to prevent public disruption from protests.

The Public Order Act 2023 received royal assent earlier this month, with police officers also given powers to “intervene against highly disruptive slow marching tactics” used by protestors.

Since the laws were introduced, the Metropolitan Police has faced criticism for some of its enforcement actions against protestors, including its arrests of six members of the Republic pressure group on the day of King Charles III’s coronation.

In a letter to Sadiq Khan, commissioner Mark Rowley wrote that the police had arrested six people after suspecting they had committed the new offence introduced in the act of “being equipped to lock on”.

However, the Met took no further action after judging that it would not be able to “prove criminal intent beyond reasonable doubt”.

ACEVO: ‘Draconian legislation’

Charity sector figures criticised the new laws when they were first proposed in last year’s Queen’s speech.

They have now renewed their criticism as the laws have been enforced alongside the additional clampdown on slow marching introduced as a statutory instrument.

Roberta Fusco, head of influencing at ACEVO, said: “The swift implementation of the Public Order Act and the almost immediate use of its powers seen during the coronation events, with arrests taking place in advance of any peaceful protest taking place, is deeply concerning and evidence of the severe curb on civic space that is being introduced through this draconian legislation.

“Peaceful protest is a key component of democratic participation and an important element of campaigning.

“ACEVO strongly defends the right and lawful ability of charity leaders to campaign with freedom and confidence in furtherance of their charitable objectives and for the strength of civil society in holding those in power to account.”

Bond: Public Order Act ‘has constrained us’

Rosemary Forest, policy manager for civic space at NGO umbrella body Bond, said: “The detention of protesters during the coronation sets a worrying precedent.

“Protest is critical to democracy and a core element of campaigning – this is how we hold those with power to account and express different opinions.  

“Organisations must have the space to campaign and protest, but the reality is, the Public Order Act - the second piece of anti-protest legislation in just over a year – has constrained us.  

“How can the UK call other countries out for restricting the right to protest if we are doing the same thing here?”

Freedom from Torture: ‘Creeping authoritarianism’

Sonya Sceats, chief executive of Freedom from Torture, said: “Creeping authoritarianism in Britain is a threat to us all, from legislative assaults on civil liberties to these ludicrous examples of overreach by the police.

“It was unthinkable 10 years ago that a British government would seek to de-criminalise torture by British troops and ban refugees, but we have had to campaign with torture survivors on both these fronts of late.

“Now more than ever it is crucial for civil society to take a united stand for the right to campaign and protest, because it could be any cause in the firing line next and Britain’s status as a liberal democracy is on the line.”

SMK: ‘We need to resist this’

Sue Tibballs, chief executive of the Sheila McKechnie Foundation, said: “The events that we saw at the coronation show just how far and how quickly our rights can be eroded under this legislation. For some, especially those from already over-policed communities, the risk is even greater.

“Charities can and do organise protest with care and attention but, under these laws, can no longer guarantee that ‘sticking to the rules’ is protection from police action.

“We need to resist this becoming normal – and politicians must be part of actively defending this aspect of our democracy.”

Meanwhile, Robbie de Santos, director of communications and external affairs at Stonewall, said: “The restrictions around freedom of assembly in the Public Order Act are deeply troubling.

“Freedom to protest and speak out against injustice are vital cornerstones of a healthy democracy. We urge the UK Government to amend the act and uphold people’s basic human rights.”

Home secretary: ‘Disruptive protesters are wreaking havoc’

Commenting on the new laws last month before their introduction, home secretary Suella Braverman said the legislation “permits the police to clear the roads of slow marching protesters who are hell-bent on causing chaos across the UK”.

“Selfish, disruptive protesters are wreaking havoc in people’s everyday lives across the country and this must be brought to a stop,” she said.

“This is why we are bringing forward this new law to clearly define serious disruption as requested by police chiefs.”

Meanwhile, chief constable BJ Harrington said: “Policing is not anti-protest, but there is a difference between protest and criminal activism, and we are committed to responding quickly and effectively to activists who deliberately disrupt people’s lives through dangerous, reckless, and criminal acts.

“It is the responsibility of Parliament make the law, and our job to enforce it. We have advised and provide professional advice to the Home Office to inform decisions about public order legislation. 

“This has been based on ensuring that we can discharge our responsibilities appropriately, while balancing the rights of the public who are going about their daily business lawfully, and the rights of those protesting.”
 

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