Baroness Foster of Oxton
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(1 year ago)
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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.
Baroness Foster of Oxton (Con)
My Lords, most of us have witnessed and been involved in protests, and even though some have been quite violent and very disturbing, what we have seen over the past four months with the pro-Palestinian marches and protests in London has been on a completely different level. The police have had their hands tied behind their backs, not least because they have been unable to identify so many of those involved who have been wearing face coverings, and with huge crowds the police have been unable to see exactly who they are. Notwithstanding that the police have made some arrests and have charged and prosecuted certain individuals, the numbers involved are limited and small. Month on month, people have been allowed to protest, calling for the death and destruction of Jews and Israel, and to show Nazi symbols, with Islamic extremists who have been involved with Hizb ut-Tahrir. Permitting them to carry on like this is not acceptable. I fully support this proceeding to make sure those individuals are dealt with properly.
Lord Sharpe of Epsom (Con)
My noble friend raises some very good points. She is right that the simple fact of the matter is that recent protests have upped the temperature of protest. However, we have to remain proportionate, and I think this strikes the right balance.