Big Sticks and Small Carrots

Back in October 2007, Gordon Brown announced a review of the laws governing demonstrations in the area around parliament. He said:

While balancing the need for public order with the right to public dissent, I think it right – in consultation with the Metropolitan Police, Parliament, the Mayor of London, Westminster City Council and liberties groups – to change the laws that now restrict the right to demonstrate in Parliament Square.

Anyone even slightly familiar with ‘politician speak’ will have spotted that this is not much of a commitment. Nevertheless, before the “change” in the law, a public consultation was duly established and the deadline for replies is 17th January. Further information can be found courtesy of the repeal SOCPA website.

I’d like to draw your attention to the first two questions in the consultation paper. They are not, in fact, concerned with restrictions on demonstrations in the “designated area” around parliament; their scope is somewhat larger than that. Here they are:

1. The Government believes peaceful protest is a vital part of a democratic society, and that the police should have powers to manage public assemblies and processions to respond to the potential for disorder. Should the powers generally in relation to marches and assemblies be the same?
2. Do you agree that the conditions that can be imposed on assemblies and marches should be harmonised?

Has your internal alarm gone off yet? It should be wailing like a banshee.

First of all, remember that these questions relate to the whole country*, not just the designated area. Here’s a quick summary of the powers the police currently have to control marches.

Organisers must give six days advance notice to the police.

Organisers must specify “the date when it is intended to hold the procession, the time when it is intended to start it, its proposed route, and the name and address of the person (or one of the persons) proposing to organise it”.

The senior police officer, if he “reasonably believes” the march may may result in “serious public disorder, serious damage to property or serious disruption to the life of the community” or “reasonably believes” that “the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or do an act they have a right not to do”, can impose wide ranging conditions on the march.

If the senior police officer “reasonably believes” that the imposition of conditions would not prevent serious public disorder, he can apply to the relevant council to prohibit a march. (In London, the application is made directly to the Home Secretary.)

The laws on assembly (two or more persons in a public place in the open air) are not quite so far reaching. Yet.

Outside the “designated area” the law does not require that the police are given six days notice of an assembly.

The senior police officer may impose limited conditions on these static demonstrations if he “reasonably believes” all that stuff as above about “serious public disorder” etc..

The authorities currently do not have the power to prohibit static demonstrations.

If I was to ask in which direction you think the government wants to move in order to “harmonise” these powers, I’d just be being facetious. A relaxation of the laws on the control of processions is clearly not what they are after. No, the sweet harmony they want to play is to introduce wide ranging new powers to control demonstrations throughout the country. If they succeed, many of the absurdities of the current SOCPA laws regarding demonstrations in the “designated area” would apply much more widely. “Harmonisation” would mean that two Amnesty International volunteers trying to raise awareness and attract new members on your local high street on a Saturday afternoon would have to give the police six days notice of their intentions.

The government probably does intend to make some small adjustments to the SOCPA restrictions. A minor relaxation of the outrageously heavy handed SOCPA regulations might just interest the media enough to distract them from the government’s sweeping new controls. “Brown Champions Freedom” will be the entirely inaccurate message the government will be hoping to sell.

All the details on the public consultation are here and you can email submissions so there’s still time to have your say. (Not much mind. The consultation closes on the 17th.) If you’ve never taken part in a public consultation, I recommend you do it now. You know, while it’s still legal for you to express your opinion at all…

* To be entirely honest, I’ve not managed to work out whether this includes Scotland. I believe it does but don’t quote me on that. At the very least, it covers England and Wales.