Protest Measures

Lord Walney Excerpts

Tuesday 13th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings, but there is a loophole, in that an individual could follow the direction of an officer to remove their face covering but then move to a new area and redeploy the face covering. We are trying to close that loophole. I take the most reverend Primate’s point about minorities and so on, but, as I have tried to explain, this is being applied to protests only where there is an authorisation in place, so it is time-limited and very specific.

[Lord Walney (CB)]

My Lords, I welcome this package, a number of measures in which I recommended in my role as the Government’s independent adviser on political violence and disruption. Can the Minister say more about how the Government intend to mitigate the Ziegler judgment, which is a very welcome commitment on the part of the Government to make it clear that protest is not sufficient justification for criminal acts such as vandalism and disruption of highways?

[Lord Sharpe of Epsom (Con)]

The noble Lord asks a very good question, because this is about, effectively, reasonable excuse. The Ziegler judgment held that obstructive protests that intentionally cause disruption can be protected by Articles 10 and 11 of the ECHR. That means that those who purposefully disrupt the daily lives of others can escape justice under the guise of protest. Our amendments will mitigate the impact of this judgment and ensure that those who deliberately disrupt others by obstructing the highway cannot rely on protest before the court as a reasonable excuse using the definitions defined under the PCSC Act.