Coronation: Policing of Protests

Alison Thewliss Excerpts

Tuesday 9th May 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The United Nations High Commissioner for Human Rights has said that the Public Order Act is incompatible with the right to freedom of expression, peaceful assembly and association, and it is deeply disappointing to hear both Labour and the Conservatives make it clear that they are wedded to legislation that undermines our rights to protest. Graham Smith, the CEO of Republic, has said:

“These arrests are a direct attack on our democracy and the fundamental rights of every person in the country… The right to protest peacefully in the UK no longer exists. Instead we have a freedom to protest that is contingent on political decisions made by ministers and senior police officers.”

That is entirely unacceptable.

In the statement that he has issued, Sir Mark Rowley said:

“Having now reviewed the evidence and potential lines of enquiry we do not judge that we will be able to prove criminal intent beyond all reasonable doubt.”

So these arrests were not necessary. Sir Mark also said:

“I support the officers’ actions in this unique fast moving operational context.”

That suggests that there is no certainty that if similar circumstances occurred, the same thing would not happen again. Will the Minister tell me what protections people can expect when they, in good faith, engage with authorities before protests to prevent this kind of thing from happening, only to find it happening again, and does it concern him that a journalist was among those arrested?

[Chris Philp]

It is entirely inaccurate to say that the right to protest does not exist. As I pointed out, hundreds and hundreds of people did peacefully and lawfully protest on coronation day. They did so unmolested and unimpeded, which goes to show that the idea that the right to protest does not exist anymore is absolute nonsense. What does not exist is the right to cause disruption to other members of society. That is what our laws seek to prevent.

In relation to the Human Rights Act 1998, and particularly articles 10 and 11 of the European convention on human rights, the Public Order Act 2023 has a section 19(1)(a) statement on the face of it, saying that legal analysis finds the Act is compatible. If the hon. Lady studies articles 10 and 11, particularly the second paragraphs, she will see that qualified rights are able to be balanced against the right of democratically elected legislatures to legislate to prevent criminal activity, including disruption.