UK Protests: What is Changing, Why Does it Matter And What Can I do?

Photo by Martin Suker on Unsplash

You may well have heard that protest rights are being threatened under The Police, Crime, Sentencing and Courts Bill 2019-21. The Bill was introduced to parliament on the 9 March 2021, and the second reading took place over two days on the 15 and 16 March 2021 — just days after the Met Police broke up the vigil held in Clapham Common for Sarah Everard. It passed the second reading with 359 votes in favour, versus 263 in opposition.

What is Changing?

There are a number of changes that have been proposed as part of the bill, which makes significant changes across the criminal justice system. The Bill is 300 pages long and includes:

• Tougher penalties for attacks on police officers

• Extends ‘position of trust’ offences in the ‘Sexual Offences Act 2003’ to cover roles in sports and religious settings for abusive adults

• Longer sentences for certain criminal acts, particularly murder of children

• Extension of minimum terms served for murder, and sexual and violent offences, from halfway to two thirds

You can read the full briefing here.

There are undoubtedly mixed responses to these proposals. The intention is to protect victims of violent crime. But the strategy is always contentious; does giving the police more power really solve the social challenges, or simply address the symptoms of wider issues?

Arguably the most controversial aspect of the bill is the amendment to our public order rights. This will affect our rights to protest in the UK, which is alarming for those of who are marginalised or discriminated against, those of us who’s voices are often suppressed, and those of us who suffer inequality and injustice.

The bill reads:

Amends the police powers in the Public Order Act 1986 so police can impose conditions on protests that are noisy enough to cause “intimidation or harassment” or “serious unease, alarm or distress” to bystanders. Including protests consisting of one person.

Abolishes the common law offence of public nuisance and replaces it with a statutory offence of “intentionally or recklessly causing public nuisance”.

Amends provisions in the Police Reform and Social Responsibility Act 2011 to expand the “controlled area” around Parliament where certain protest activities are prohibited. It would also add obstructing access to the Parliamentary Estate to the activities prohibited in the “controlled area”.  

Would create a new offence of “residing on land without consent in or with a vehicle”.

Amends the existing police powers associated with unauthorised encampments to lower the threshold at which they can be used. Amendments would also allow the police to remove unauthorised encampments on (or partly on) highways and prohibit unauthorised encampments moved from a site from returning within twelve months.

Why Does it Matter?

The Bill is drafted vaguely, which leaves room for interpretation. To decode the Bill, if passed without amendment this means:

• Police can shut down protests that are too noisy

• Police can shut down protest that disrupt activity of local organisations

• Protests near Parliament will be restricted

• Time limits will be imposed on the duration of protests

• Police can deny organisers permission to protest

More than 150 rights organisations have co-signed a letter to Home Secretary Priti Patel and Justice Secretary Robert Buckland to warn that the legislation will be “an attack on some of the most fundamental rights of citizens.”

The policing Bill isn’t a response to what happened to Sarah Everard - it has been in draft since Theresa May was Prime Minister. But the timing is crucial to what happens next. The public discourse on the abuse of women and the violent scenes photographed at Sarah’s vigil has created an inconvenient and important debate for Government on the fine details of this Bill.

What Can I Do?

There are a couple more phases before this bill is passed, which is now at Committee stage. If you want to oppose this Bill, here’s what you can do:

Source: https://bills.parliament.uk/bills/2839

1. Contact your MP

   It is still worth contacting your MP with your thoughts about the Bill. There are two ways in which MPs can influence the Bill from here:

   1. Committee Stage

      This bill is at Committee stage, where a group of between 16 and 50 MPs will make line-by-line examination and amends.

   2. Third Reading

      The third reading is the final vote on the Bill, which is really a formality as this stage because it is unlikely to fail. But there can be a further debate on the Bill if at least six MPs request it.

   You can find your local MP and how to contact them here.

2. Contact a member of the Lords

   Member of the Lords will usually focus on a specific bill that relates to their areas of expertise or interest. The best way to find out who is most interested and engaged on the Bill is checking who will be speaking about it at its second reading in the House of Lords chamber. This information can be found in the Speaker’s List. There isn’t a date set for this bill yet, but we will keep you updated on Twitter, Instagram or via our newsletter.

   Note, if the House of Lords votes against a Bill it can go back to the House of Commons and become law if the House of Commons passes it for the second time. The House of Lords cannot stop a Bill becoming law by voting against it.

3. Protest!

   The Government has announced that protests will be legal again from March 29, the same day is it legal to socialise outside in a group of six.

What do you think about the Bill? Share your views in the comment box below.

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