(4Â years, 8Â months ago)
Lords ChamberWhatever: they will have been on various demonstrations. Whether they were on behalf of the Countryside Alliance or not, the principle would have been the same and noise would have been a part of them. Has democracy collapsed in the face of noisy protests over the last couple of centuries? It has not. At some of the protests that I have been onâand, I am sure, at those that many noble Lords have been onâthe noise has been phenomenal. It has been part of the object of them. Never have any Government of any colour sought to ban protests on the basis of noise or to put conditions on the basis of noise.
Protests are noisyâwhether it is local families protesting the closure of a leisure centre or a march in front of this Parliament, protests make noise. The more well attended a protest is, the more popular support an issue has, in general, the noisier it will be. These clauses do not restrict protests for being violent or out of control or for causing damage; these are peaceful protests, but they can be restricted because somebody, in someoneâs mind, is too noisy. The clause provides that a protest can trigger these conditions if the noise generated might cause
âserious unease, alarm or distressâ.
It is an exceptionally low and vague threshold, as many noble Lords pointed out in Committee.
The Government have sought to do something about that. They have recognised it and thought, âThis is a bit of a problem; they are quite right about some of the vagueness of this and about some of the definitionsâ, so the Government have brought forward a series of amendments, which are in this group. Without reading this to noble Lordsâbecause they can read it for themselvesâwe can look at proposed new subsection (2ZC) in government Amendment 116, I will just leave this open and hanging in the air. If that clarifies what ânoisyâ means in the context of a protest, when it talks about people connected to organisations in the vicinity,
ânot being reasonably able, for a prolonged period of time, to carry onâ
their activities, the courts are going to have a field day. That is the clarification; that is the way in which the Government seek to do something about it. Even the Government recognise that vagueness is a problem. They are trying to do something about vagueness with a clarification that is equally vague, but which allows them to say that they have tried to address the problems raised in Committee.
Of course, the Government always have to balance protests with the rights of people to go about their lawful business. Balance is always important, but the right to protest in this country has never, ever had to have a condition placed upon it that is about noise. It never has. The noise generated at protests that I have been on has been immense, but never have the Government turned round or panicked and said that they needed to impose conditions on that in some way in order to do something about the protests. These are very serious amendments that we have put forward. These are very serious debates that will take place from now on, on the existing clauses and then on the new clauses. They involve the fundamental right of people to protest. Making noise is a fundamental part of the freedom to protest properly in a democracy.
My Lords, I also put my name to Amendments 115 and 123, because I am still concerned about the Ministerâs assurance in Committee on Clauses 56 and 57 that the threshold for the police to impose these conditions on noise would be very high. However, the threshold in Clause 56(3) that the noise caused by protesters could cause reasonably firm people to suffer serious unease seems subjective, and a low threshold. I fear that it will put the police in an invidious position.
I refer the House to the JCHR report recommendations on these clauses. It says:
âUsing multiple terms that are open to wide interpretation, such as âintensityâ and âserious uneaseâ, leaves an excessive degree of judgment in the hands of a police officer ⌠It will also give rise to uncertainty for those organising and participating in demonstrations and fails to provide convincing safeguards against arbitrary or discriminatory use of these powers.â
I urge your Lordships to support Amendments 115 and 123.