Posts Tagged ‘right to protest’

Freedom and the Law

Saturday, August 7th, 2021

Freedom is something we almost universally value, but which is often hijacked by various groups, particularly on the extreme right to support particular causes which have little real connection with our undamental rights. Freedom is certainly not the freedom to do what we like regardless of the effect it has on others.

Freedom is not the right to own and carry guns or other weapons. It isn’t the right to spread disease we may have by not taking sensible precautions such as wearing a face mask in crowded places. It isn’t the right to increase the risk of others getting lung cancer or to drive after consuming alcohol or drugs.

Arguably the most important of our freedoms is the right to hold and express political and religious ideas and to express these. But that is not absolute, and rightly there are laws against hate speech and incitement to others to commit criminal actions or threaten the lives of others.

Back in 2005, the Labour government brought in a law to criminalise protest in Parliament Square. It was clearly a law which imposed unnecessary restrictions on our freedom and one which was brought in for a trivial reason, to end the embarrassment to the Labour ministers of one man, Brian Haw, continuing to protest, particularly over Iraq war and its disastrous consequences. That Tony Blair was annoyed by a regular reminder of his lies was not a suitable basis for legislation.

A regular series of harassment by police and others – almost certainly at the urging of the Home Secretary – had failed to shift this persistent protester, and civil servants were ordered to add a section to the bill which became the Serious Organised Crime and Police Act 2005 to make his protest illegal. In the event the act failed to apply to his protest and I wondered if this was a little deliberate subversion by at least one of those responsible for its drafting rather than simple incompetence. Because his protest had begun well before the SOCA law came in on 7th April 2005, it was apparently not covered by it. As I commented, “rather a lot of egg on government faces there.” This initial ruling by the High Court of Justice was eventually overturned by the Court of Appeal and these sections of the law were replace by other restictive laws in 2011.

On Sunday 7th August 2005, protesters came to Parliament Square to deliberately disobey the law, and the police came, some rather reluctantly, under orders to arrest them. The protestors argued that protest is a human right and cannot be restricted by law in a free society.

Brian Haw was there, but protesting legally as it appeared that the act didn’t include him. He held up a placard with the words from a speech in Boston by US Scretary of State Condoleezza Rice:
if a person cannot walk into the middle of the town square and express his or her views without fear of arrest, imprisonment, or physical harm, then that person is living in a fear society, not a free society. We cannot rest until every person living in a ‘fear society’ has finally won their freedom.”
interleaved with his own comments on Guantanamo, Abu Ghraib, Belmarsh and the Iraq war and more.

The police swooped on a few of those with posters or placards and arrested them, leading them away but their heart was clearly not in it and the great majority of the protesters were untouched, though
they were warned that their protest was illegal. As I commented: ” I saw five people arrested for simply peacefully holding banners supporting the right to protest. It happened on the square opposite our Houses of Parliament, and it made me feel ashamed to be British.”

When the protest in Parliament Square ended, protesters were invited to take part in another illegal protest inside the one km restricted zone around Parliament, but on Westminster Bridge. Again taking their lead from Boston, though this time from 1773, and tipping tea into the water, campaigners calling for a low-level tax on foreign currency exchange transactions, as proposed by Nobel prize-winning economist James Tobin in 1978. This would deter speculation on currency movements, giving governments greater control over their fiscal and monetary policies, and reducing the power of speculators to affect the markets.

The connection between the tea bags torn to tip tea into the Thames, produced by large multi-national companies who are among the currency speculators, and the Tobin Tax, seemed a little weak – as doubtless was the brew in the river – though it did all alliterate nicely for the Westminster Tea Party – Time for Tobin Tax.

We are now seeing a law going through Parliament which will even further restrict our right to protest, increasing discriminatory policing, criminalising some traditional ways of life and seriously restricting and controlling protests in a huge shift further towards a police state. Unfortunately a large Conservative majority makes it seem inevitable that our freedoms will be significantly reduced.

More on My London Diary for August 2005.


All photographs on this and my other sites, unless otherwise stated, are taken by and copyright of Peter Marshall, and are available for reproduction or can be bought as prints.


Occupy Gandhi – 4 May 2015

Tuesday, May 4th, 2021

All pictures from Occupy Ghandi – Stop Fossil Fuel Criminals, 4 May 2015

Successive UK governments have legislated in various ways to restrict the right to protest, particularly concentrating on the area of Westminster close to the Houses of Parliament, and the current Police, Crime, Courts and Sentencing Bill amends the “Police Reform and Social Responsibility Act 2011 to expand the “controlled area” around Parliament where certain protest activities are prohibited” as well as creating a new prohibited activity of “obstructing access to the Parliamentary Estate”.

The 2011 Act (which was also amended by the Anti-Social behaviour, Crime and Policing Act 2014) replaced previous restrictions which had been brought in under SOCPA, the Serious Organised Crime and Police Act 2005 which the New Labour government had brought in as an attempt to stop the long-term protest in Parliament Square by Brian Haw who had set up his camp there on 2 June 2001 in protest against the effect of economic sanctions which were resulting in child deaths in Iraq.

Haw’s campaign widened into a more general protest against war and became the Parliament Square Peace Campaign, and he was joined by other long term protesters as well as receiving support from many others which enabled him to remain in the square. Various attempts to remove him legally failed and SOCPA was passed in an attempt to stop his protest. But poor drafting led to the eventual failure to achieve this, though Haw had to apply for permission which was granted subject to strict conditions – which he and his supporters failed to adhere to.

Police carried out a major raid in May 2006, removing most of the placards and other material and Haw was taken to court for breach of SOCPA. But after several hearings he was acquitted as the judge found the conditions lacked clarity and were not workable. He was assaulted on numerous occasions by police and by others believed to be working for the security services and arrested again on the day of the State Opening of Parliament for the Tory-LibDem coalition in 2010. But his protest was continued even after he left for cancer treatment in Berlin on New Years Day 2011, by his colleague Barbara Tucker who had joined him in 2005, and stayed in Parliament Square until 2013, despite being denied the use of tent, blankets and eventually even a chair and umbrella in 2012.

The whole grass area of Parliament Square was fenced off and the protest moved onto the pavement in 2011 after Boris Johnson gained a High Court injunction. Early in 2013 more protesters had arrived to support Tucker who had begun a hunger strike in December 2012. She left the square for urgent medical treatment and the Westminster Council removed the tents which supporters had brought there in March 2013, reopening the square for public use in May.

In October 2014, Occupy Democracy arrived to occupy Parliament Square “for 9 days in October, to broadcast and demand the solutions we already know exist, to inspire people to be the active citizens required to take back democracy from powerful economic interests.” They were met by police and private security ‘Heritage Wardens’ (outsourced by the GLA) and signs put up the previous day stating the grass was ‘closed for repair’, and there was considerable harassment with the police seizing anything they thought might be ‘camping equipment’ the occupied the square. The following day, much larger numbers of protesters turned up, including a number of MPs and some celebrities, and after trying hard to stop them, the police melted away and the camp was set up.

Over the following three days there were a number of arrests and police moved protesters off the main grass areas, but the various workshops and activities continued until the whole square was cleared. There had been a number of battles between police and protesters over large squares of blue plastic tarpaulin they had used to sit on the wet grass and mud, and the Democracy Camp had gained the name ‘Tarpaulin Revolution’ (#tarpaulinrevolution).

On May Day 2015, Occupy Democracy returned for a 10 day ‘Festival of Democracy’ in Parliament Square “building a movement for real democracy: free from corporate control, working for people and planet!” just a few days before the general election. On Monday 4 May there was a rally and meditation by Occupy Democracy at the statue of Gandhi, noted for his direct action civil disobedince, called for fossil fuel exploration and investment to be made a crime, and defied the ban on tarpaulin and tents in Parliament Square.

After short speeches there was a period of meditation, and the protesters wrapped a blue tarpaulin around the statue. Heritage wardens demanded its removal, and seized it when their request was ignored. Other protesters then stood with another blue tarpaulin, holding it around the statue but taking care not to touch it.

At the end of the mediation, Donnachadh McCarthy who had been leading it announced an act of civil disobedience and pulled a folding tent onto the tarpaulin on the pavement in front of him and erected it. Several people then came and sat inside it, and the protest continued. Police came and told them they were committing an offence and might be arrested if they failed to leave. Shortly after 20 police came and surrounded the tent and arrested those who refused to leave.

Occupy Gandhi – stop fossil fuel criminals
Occupy Festival of Democracy