Briefing Paper On Government Consultation SOCPA

[A] A New Threat to the Freedom of Assembly and the Right to Protest

This October the Government published a public consultation document ("Managing Protest Around Parliament") on Sections 132 - 138 of the Serious Organised Crime and Police Act (SOCPA), which ban unauthorized protest within 1km of Parliament.

It is clear that the Government are looking to repeal SOCPA because of the negative public perception of restrictions on free speech around Parliament, and that this is in large part, a result of the sustained campaigning of activists who have refused to give up a basic right to freedom of assembly without political intervention by the police.

Nonetheless, there are already ominous signs that the consultation will be more spin than substance. Indeed, the first two questions raised in the consultation document concern the "harmonisation of powers to manage marches and assemblies" throughout the UK. Such "harmonisation" could mean granting the police new powers to ban public assemblies anywhere.

The danger is that the Government will be able to score media points for repealing unnecessary and draconian legislation, whilst in reality further tightening the screws on protest and dissent.

TAKE ACTION - by 17th January

• It is vital that anyone who cares about the right to protest in this country responds to the Government consultation by the 17th January deadline. You can do this via email or post - see [B] below.


• Take part in the Freedom of Assembly Day of Action on 12 January (see [C] below).

For more info on all of the above see www.repeal-socpa.info.

[B] RESPONDING TO THE HOME OFFICE CONSULTATION DOCUMENT - KEY POINTS

A PDF file of the Home Office consultation document is available here: http://tinyurl.com/2ap5l6. Responses should be emailed to: ProtestaroundParliament@homeoffice.gsi.gov.uk- or can be sent in by post.

The three key points it raises are:

• Whether police powers to control marches and assemblies across the UK should be 'harmonised'.

  As there are less powers in place to control assemblies except around Parliament and other sites designated under SOCPA), this 'harmonisation' is likely to mean that legislation would be put in place to control assemblies in the same way that marches are controlled (under the Public Order Act 1986). As few as two people can constitute an assembly. Such 'harmonisation' could lead to the police having the power to ban, restrict or control assemblies anywhere in the UK or for people to have to get police authorisation for simply handing out leaflets in your high street. Over recent years, new police powers and interpretations of public order legislation have led to an increase in the police trying To control dissent and free speech. There should be no new provisions aimed at restricting or controlling free assembly and free speech put in place.

• Whether special provisions are needed for static demonstrations and marches around Parliament.

  The police have many powers to control such events already – provisions under the Public Order Act, the Terrorism Act, anti social behaviour legislation, bye-laws and others, as well as Sessional Orders which grant police special powers to ensure Parliament is not disrupted while it is in session. Parliament is the focus of protest and there should be no barriers to peaceful dissent directed towards those in power. The restrictions on protest under SOCPA have proved unworkable and discriminatory, they criminalise peaceful protestors and allow the police to make political judgements on which protests need to be controlled and they have a 'chilling effect' on free speech - when the public perceives that freedom to protest has been restricted, people are less likely to try and participate even if the law does say that no demonstration may be banned outright.

• Whether there are any special considerations to be taken into account around Parliament.

  The history of how SOCPA came into being shows that it was primarily drafted in order to remove Brian Haw from his 24 hour peace vigil in Parliament Square.

  It could be said that issues such as security, access to Parliament and 'equal access to the right to protest' were only given weight in order to justify the draconian new law. SOCPA does not address security issues or allow 'equal access to protest' and there is other legislation in place to deal with demonstrations that may restrict MPs' access to Parliament.

The most bare-bones response to the consultation process would therefore call:

• For Sections 132 - 138 of SOCPA to be repealed.


• For there to be no increase in police powers to control marches and assemblies (and so, in particular, no "harmonisation upwards").


• For there to be no new "special provisions" for static demonstrations and marches around Parliament.

For a more detailed analysis see the consultation briefing document on www.repeal-socpa.info.

[C] WE OWN THE STREETS - FREEDOM OF ASSEMBLY DAY OF ACTION, 12 JANUARY

In response to continued police repression and the Government's consultation document 'Managing Protest around Parliament' (see [A] and [B] above) Saturday 12 January has been called as a nationwide day of action to defend freedom of assembly (see http://tinyurl.com/yrk2kn).

If you are organising an action then please email freeassembly@lists.riseup.net so that your event can be added into the presswork and info@repeal-socpa.info to be added to the events listing.

A London event is already being organised: assemble 1pm, Saturday 12th January at the top of Trafalgar Square.

Briefing Paper On Government Consultation SOCPA.

Emma
Parliament Square Peace Campaign
for supporters of Brian Haw and the right to protest