A leading human rights lawyer has warned that police will have “near total discretion” over which protests to ban if the government’s latest restrictions are approved in parliament this week.
Peers are due to vote tomorrow on secondary legislation that would give police power to impose conditions on protests – such as timings, locations, routes and noise levels – where they believe there “may” be “more than minor” disruption.
If approved, this would change the law that allows police to intervene where there is “serious disruption”, currently defined as “significant” and “prolonged”.
Adam Wagner, a barrister with Doughty Street Chambers, said the changes would significantly lower the threshold for what counts as serious disruption,
“The threshold would be so low that it could lead to police imposing conditions on protests which would breach the rights of protesters.
“In my view, this could give the police a far wider, nearing total, discretion as to which processions or assemblies could be made subject to conditions.”
Mr Wagner said a march of hundreds of people that closed roads and stopped traffic would be considered serious disruption under the proposed changes. He said:
“Although such conditions can in theory be challenged in advance by judicial review, including on human rights grounds, the reality is that this is well beyond the reach of most protesters as they may lack the time, experience and capacity, it is very costly and such challenges do not generally attract legal aid.
“This leaves individuals who want to protest with the choice of simply acquiescing to the conditions restricting their protest or risk arrest, detention and prosecution for breaching them, and hoping to successfully defend any prosecution at trial.”
“Stop this legislation in its tracks”
The measure, included in the Public Order Act 1986 (Serious disruption to the life to the community) Regulations 2023, is also controversial because the government tried to make the same change during the final stages of the Public Order Bill in the House of Lords in February 2023.
At the time, the Lords rejected the proposal by 254 votes to 240.
If approved, this would be the first time a government has tried to make changes to the law through secondary legislation that have already been rejected when introduced in primary legislation.
Secondary legislation usually gets less parliamentary scrutiny and cannot be amended. MPs were due to get 90 minutes of debate today before the measure goes to the House of Lords tomorrow (Tuesday 13 June 2023).
There, it faces a “fatal motion”, tabled by the Green Party peer, Baroness Jenny Jones, who aims to stop the proposal from becoming law.
She said if the vote on her motion was lost, it would set a precedent by allowing ministers to overturn a parliamentary vote against a new law:
“a government can lose votes in Parliament, when trying to pass legislation, then simply have the same laws waved through as regulations. It undermines the whole system of parliamentary democracy and allows government by diktat.”
Labour has tabled a “non-fatal regret motion”. If approved, this would allow the House of Lords to put concerns about the regulations on the record, while still approving them.
Baroness Jones, urged Labour to work with the other opposition parties to “stop this legislation in its tracks”.
“The government says this new law is about Just Stop Oil but in truth it will hurt anyone who ever wants to organise a protest or assembly – anyone from Friends of the Earth to local people raising an issue outside a council meeting. It allows the police and the home office to effectively decide what is a good or bad protest.”
More than 45 civil society organisations have written to peers asking them to support Baroness Jones’ motion.
More than 48,000 people had signed a petition in the past five days asking Labour peers to back the fatal motion.
Friends of the Earth, which commissioned Mr Wagner’s opinion, said the government was undermining parliament and individual rights with the new measure.
Its head of political affairs, Dave Timms, said:
“Organisations like Friends of the Earth that want to organise peaceful, lawful protests will find it difficult to assure supporters and the public that almost any given protest won’t be subject to police conditions about when, where and how it can take place. This puts those wanting to exercise their democratic right to assemble and be heard at greater risk of arrest and prosecution for breaching police conditions – even those they don’t know about.
“Clearly, this will make it far harder to organise protests and risks deterring people from attending. It’s another threat to our democracy that comes on top of the recent introduction of police powers to stop and search protesters, arrest them for carrying household objects and restrictions on noisy demonstrations. The space for the public to protest confidently and loudly about the issues that matter to them is being restricted to a frightening degree – and we urge peers to block these measures.”
DRILL OR DROP? 
Strange.
I recall over 50 years ago when I was a youth that the police discussed with the Students Union about the proposed protest, and timing and route were decided. Then, it was agreed okay to go ahead with conditions applied that if it became uncontrolled, similar protests in the future would not be agreed. Worked well, and the community who had to “host” the protest were respected.
So, what’s new? Only difference appears that now manners and respect for others have been relegated to being superfluous. Shouldn’t require a change of law to correct that, but if it does, so be it.
With respect to Mr. Timms comment, then the responsibility is upon the organizer. If FOE feel unable to control what they organize then they should be aware of the consequences. Football has to apply the same each Saturday with stewarding, and will be sanctioned if that is not applied to control unruly elements that would adversely impact other supporters and the wider public.
I did like the bit from the House of Lords about parliamentary democracy!! Ermm, what is democratic about the House of Lords??
NO MARTIN ,
It’s called a ” Police State .”
When it serves powerful vested interests , the force of the law will be unlimited…..
For everything else , Burglaries, Rape , Shoplifters, Car thieves and the Flotilla of young able bodied men crossing the channel in waves of rubber dinghies ….. Well there will be little interest in policing that with an equal firm hand .
If the criminal does get arrested , they are let off by the Courts . As far as the rubber dinghy brigade go , well plush hotels with demands of solid WIFI connections are put forward by the Tax Funded residents .
[Typo corrected at poster’s request]
Ahh, here “we” have Jack, so concerned now about police able to do their day job.
Where were you Jack when all those police were tied up having to deal with a screaming mob at PNR, day after day costing the tax payer £millions?
Jack-the king of inconsistency and always so willing to display it.
I have my own test for such matters. What would happen to the protestors if the police were not present? If it was likely to be that the silent majority would exercise their rights in a rather forceful manner, then perhaps there is a need for the police to control the situation so the silent majority do not do so and can get on with their lives. After all, it is that silent majority who are paying for the police. Not the State, but the silent majority.
Powerful vested interests? OMG how the rest of society can be so easily redefined-except they are not. They are simply people who pay for the police and expect them to deal with others who show them no respect. Just like burglars. The Second Amendment is another way, but I prefer the UK way, and expect it to be applied. Shame the House of Lords can not side with the rest of society, but then they have always been representing powerful vested interests! The clue is in the name, Jack.
Meanwhile, I note Shell announce a large hike in their dividends! Trust there were not too many who followed the siren calls to remove them from their pension funds.
I also note, Jack, in USA a jury has found another electric utility responsible for causing devastating fires during Labor Day weekend in 2020, in Oregon. Tens of millions $ to be paid to 17 homeowners and liable for broader damages that may run into $billions.
Not sure if this one will file for bankruptcy, but Jack can look at Pacific Gas and Electric if he wants to find one that did. Look that one up Jack, from 2018. Puts a few pots of filler into context. Makes me wonder why the UK police are not having to deal with screaming mobs surrounding, or glued onto, every UK electricity pylon.
MARTINS above post ,
There you have it Ladies and Gentlemen, an endless monologue of OPINION based Collywaffle.
Labeling PNR residents as a quote, ” screaming mob ” and implying that the Police were wasting their valuable time (( the screaming mob are also tax payers that have paid for the police )) shows how LITTLE you care about public health , the environment, climate change and the value of people’s homes.
You must really be heavily down on your investment ….. Are you a desperate IGAS investor ????? I see the share price has lost 99.87% of its value.
MARTIN , don’t you care that those people you call a ” screaming mob ” at PNR were there for these reasons .
Living close to a Fracking site problems,
” THE DIRTY DOZEN ”
(1) Greatly increases your risk of Cancer.
(2) Reduces life expectancy in the elderly.
(3) Increases the risk of Asthma.
(4) Is dangerous for pregnant women and their babies/unborn babies.
(5) Toxic chemical risk to drinking water.
(6) Turbo boosts climate change.
(7) Is environmentally damaging.
(8) Is dangerous for animals , farm animals/wild animals.
(9) Leaves an ongoing toxic legacy for future generations to deal with.
(10) Leaves an ongoing financial burden for future generations maintaining abandoned/orphaned wells ……. I mean let’s face it , these two bit companies will be long gone.
(11) Devalues peoples homes in Fracking areas and makes them more difficult to sell .
(12) Increases heavy vehicle traffic movements and noise pollution in Fracking areas .
MARTIN , if you disagree with the above please, PLEASE say so as I’m itching to fill the page with evidence .
Seriously , I ask you MARTIN , in knowing the devastating effects of Fracking , what sort of an animal would push for it ????????
I stopped concentrating at your second sentence, Jack. The one that ignored Oregon and ignored Pacific Gas and Electric and ignored Shell. I did see my grandson this am Jack and he enjoys making things up-but he is two and a half, and already knows 47 is much larger than 7, so he can be excused his fantasies.
Your number 2 must be aimed at the increased sexual activity close to fracking sites I saw reported. Or perhaps the numbers of elderly that die as a result of fuel poverty. Your number 1& 3 must be aimed at those suffering the consequences of forest fires, and so on, to include the devalued properties in UK as people have difficulty affording a mortgage and their energy bills.
My fictional investments I noted somehow were part of your concern, further down. No they are not, Jack. However, if I had invested in Chesapeake Energy they would be doing very well thank you, as UK pays a premium for LNG from USA whilst sitting on top of significant gas reserves of it’s own!
An animal? Well, Jack, when you show any sign of understanding anything about animals then feel free. Until then just another example of how attempts at personal insults can be weaponized when all else fails.
The House of Lords failed too. It was always going to fail against the will of the people, which the Commons is supposed to represent, and can when the ruling party has a large majority. Maybe not “your” people, Jack, but such is democracy. I don’t think there are too many in the HoC suggesting Russia will be piping gas and oil into Europe when the war ends, so perhaps your people are pretty thin on the ground. You could always create your own party and stand for election, although there are many who concentrate upon knowing very little about most things so quite a crowded field already. But, if you can crowd fund a deposit to lose, fill your boots.
MARTIN ,
The UK will deal with anyone , no matter WHO they are or what they’ve done as history has shown . So don’t worry about energy issues on behalf of the British public . Worry about their health if TOXIC Fracking landed on their doorsteps.
Your default setting is always Chesapeake Energy , whats that all about ????????
Before the Russia – Ukraine War , Chesapeake Energy was nothing more than a debt ridden, white elephant , facing bankruptcy with 9 BILLION of DEBT …. The USA shale industry as a whole , was debt ridden with 450 BILLION of wasted investment and facing 300 BILLION in bankruptcies.
Fast forward and boy , what a difference a WAR makes.
As history has shown , when the wars over and were all friends again and its back to business as usual and with the transition to cleaner energy . The American Shale industry will once again be back on its knees .
MARTIN , I’m not even sure who’s side your on anymore , so for the benefit of the readers we’ll just call it MARTINS side ……… EVEN the major Oil and Gas players are embracing a greener future with HUGE investments in renewable energy initiatives/ projects . Are you also going to have a go at oil companies like SHELL and BP ???????
Let’s get back to the matter in hand, what about .
Fracking , ” THE DIRTY DOZEN ”
(1) Greatly increases your risk of Cancer.
(2) Reduces life expectancy in the elderly.
(3) Increases the risk of Asthma.
(4) Is dangerous for pregnant women and their babies/unborn babies.
(5) Toxic chemical risk to drinking water.
(6) Turbo boosts climate change.
(7) Is environmentally damaging.
(8) Is dangerous for animals , farm animals/wild animals.
(9) Leaves an ongoing toxic legacy for future generations to deal with.
(10) Leaves an ongoing financial burden for future generations maintaining abandoned/orphaned wells ……. I mean let’s face it , these two bit companies will be long gone.
(11) Devalues peoples homes in Fracking areas and makes them more difficult to sell .
(12) Increases heavy vehicle traffic movements and noise pollution in Fracking areas .
What are your thoughts old chap/lady ??????
My thoughts? Jack/Jill/It, has problems with dates-again, and again and again, but still waffles on about history! (What happened in 2022 Jack and what happened in 2020?)
What is that all about? Ignorance or as someone stated recently, May 2nd, 4.10:
“Careful propaganda can be used to turn the public against them”. Wonder which playbook/job description that came from?
Careless propaganda is something very different. More holes than a string vest and insulting the intelligence of the reader, although suggesting with a strange disconnection from reality that most readers have already shown the intelligence required and are ignoring the fantasy. Therefore, Jack/Jill/It why would you expect me to be any different-but, I am such a kind sort of chap I provide reasons why. Your fantasy paradise? Well, maybe just inspect Paradise, California 2018 that resulted in Pacific Gas and Energy declaring bankruptcy. Before the pandemic and before the war in Ukraine. How about deaths, house prices, cancer risk, wildlife, clean up etc. etc. etc?
However, sun has just tracked off my side gate so I can now brush on some of that nice protective paint derived from fossil fuel before “we” revert to yurts and woad.
MARTIN ,
As I’ve shown you the evidence 100s of times before , I suppose going through it once again won’t be such a problem ..
To refresh your memory
In 2020 Chesapeake Energy was saddled with 9 BILLION of debt.
The American Shale industry was on its knees after investing and losing 450 BILLION . It also was 300 BILLION in debt and facing more bankruptcies than you could shake a stick at.
2022 the Russia – Ukraine War , sanctions , sanctions , sanctions …… Party time for the American Shale industry.
Now let’s get back to business , what about , ” THE DIRTY DOZEN ” ??????
Are you not deeply concerned for the wellbeing of the residents you branded a ” screaming mob ” ?????
Oh dear Jack.
In 2020 many an industry were on their knees. There was a pandemic raging. Planes were grounded, hospitality was closed etc. etc. but poor old Jack had to focus upon one company which as soon as industry started to re-open forged ahead, and more recently-very ironically-is doing very nicely thank you supplying gas to Europe where the Europeans were paying $47 for the gas that if in USA was costing $7-whilst Jack was trying to pretend there was a world price for gas!! Now, Jack, with a little bit of effort you may have quickly found an example to provide a link that made some sense, but sorry, you found a link and plonked it out there as if it would not be checked and found to be an example of a business that expanded just before the pandemic and then lost nearly all revenue due to the pandemic. Then you ended up trying to claim 2020 was a normal year when that was exposed. Now you claim you supply “evidence”! Well, Jack it is evidence for something, but not what you try and claim.
No, Jack, you branded the “residents” as a screaming mob. You should check what I posted and check the details regarding who were protesting at PNR, and comments that were made at the time. Once again you want to change history but sorry you are not that good at it.
Reference your so called dirty dozen I have already addressed that numerous times, showing I can also select data from USA that shows their electricity distribution is far worse. (Their railways are not much better.) Yet, it seems UK is about to spend £50B on extra electricity distribution plus another £200B on new nuclear to plonk the electricity into the cables-all tax payer money-whilst suffering the issue of having our major energy source at $47 instead of $7. The solution? Oh yes, get the UK gas and oil companies to lift some of the UK consumer’s tax burden! Cunning plan but those cunning oil and gas companies can see how willing UK is to pay $47 so they are merrily looking to join those already doing so-like Chesapeake Energy- which means their activity in and around UK is not that great to raise UK taxation-such as Shell.
Having seen your response to the plight of children in DRC Jack, I am also aware you are not that concerned about some of the issues you pretend you are concerned about.
Oh dear MARTIN 🤣
Showing your lack of knowledge again .
Long , LONG BEFORE the sniff of Covid took a hold on UK shores , at a time when the UK was still going full steam ahead , Chesapeake Energy was ” busy busy ” racking up BILLIONS of debt ..
CHESAPEAKE ENERGY had worked up over a number of YEARS a debt of 9 BILLION …… It was then in early 2020 they filed for Bankruptcy protection , because their debts were unmanageable.
https://www.theguardian.com/environment/2020/jun/29/chesapeake-energy-fracking-pioneer-files-for-bankruptcy-owing-9bn
How many 100s of times will I have to ask you the same thing ??????? What’s wrong with you?????? Fully show here and now , with supporting evidence , your claim to these numbers $47 and $7 and show how it relates to today .
Now MARTIN ,
CLIMATE CHANGE could cost the world SIX TIMES MORE than previously expected
By the end of this century , it could cost the world 51% of global GDP
PLEASE , to the nearest ” £1 TRILLION ” can you estimate this cost ????????
https://www.ucl.ac.uk/news/2021/sep/economic-cost-climate-change-could-be-six-times-higher-previously-thought
MARTIN , we know you hate electricity , I still wonder if your a bitter , redundant or Gas Mantle , or Wick maker hoping for a return to what you perceive as the good old days ….. For the 100th time I ask , please show evidence to support your comment that £200 billion would be needed for the new generation of nuclear power stations and more IMPORTANTLY , please show evidence that this will be UK TAX PAYERS money and not private investment.
MARTIN , do you live in the DRC ( Democratic Republic of ) ??????? I ask because repeatedly you have shown your questionable concern for them , but ZERO concern for UK children at risk of CANCER with your relentless push for this Toxic Fracking industry in the UK , why is that ?????
MARTIN , for the THIRD TIME I ask ,
What about the dangers of Fracking ???????
Otherwise know as ” THE DIRTY DOZEN ”
(1) Greatly increases your risk of Cancer.
(2) Reduces life expectancy in the elderly.
(3) Increases the risk of Asthma.
(4) Is dangerous for pregnant women and their babies/unborn babies.
(5) Toxic chemical risk to drinking water.
(6) Turbo boosts climate change.
(7) Is environmentally damaging.
(8) Is dangerous for animals , farm animals/wild animals.
(9) Leaves an ongoing toxic legacy for future generations to deal with.
(10) Leaves an ongoing financial burden for future generations maintaining abandoned/orphaned wells ……. I mean let’s face it , these two bit companies will be long gone.
(11) Devalues peoples homes in Fracking areas and makes them more difficult to sell .
(12) Increase in heavy vehicle traffic movements , noise pollution and light pollution in Fracking areas .
What are your thoughts ?????????
if you disagree with the above , please , PLEASE say so as I’m itching to fill the page with evidence .
And pigs could fly, Jack.
So, only people living in DRC should be concerned about children in DRC? Not an excuse for you Jack, as you regularly pontificate about people living in USA and dangers to them. More selection from you.
Nonsense about UK new nuclear, again from you. 7 new power stations required. Do the maths. Jack-£30B a pop, should not be too difficult even for you. Since when has the UK tax payer NOT funded power stations, of any type? You do post such fantasy so often I suspect you become unaware of doing so. Private investment is only part of the mix IF it can be refunded-THROUGH ENERGY BILLS! Have you not been aware of the tortuous negotiations between UK Government and nuclear companies to produce those guarantees? Maybe you are unaware that energy bills are paid by tax payers?
I have previously given the source of $7 V $47, and how it altered as Spring arrived in the northern hemisphere Jack. Sorry you have difficulty accepting such reality, but just wait until next winter and you are likely to see it all over again. What are you suggesting Jack? That energy bills for gas in UK last winter were no more expensive than in USA? Well, you tried that one Jack by stating-correctly-that gas prices rose in USA. However, you wanted people to ignore where they rose to in comparison to Europe. Did you really not expect anyone to fill in that gap, Jack?
Debts were unmanageable for many companies in 2020, Jack, if they were receiving little or no revenue to fund debt! That is the result of a pandemic, so 2020 was not a normal year-it was abnormal. You decided to try and change the reality to be 2020 was normal and it was all a result of fracking! Well, you post about “how it relates to today”. That is the same today when gas prices are back, for the time being, at normal-ish rates and good old Chesapeake Energy must be back to really doing badly?? Nope, Jack, doing pretty well actually. Sorry about another piece of reality but you plonk out the nonsense as “evidence” so don’t be surprised if someone inspects your “evidence” and can see that it is nonsense. Just like the way you try and dismiss the dangers from electricity distribution-which are facts- are somehow my dislike of electricity-which again you have fabricated.
MARTIN ,
SAVE THE CROCODILE TEARS
Fanatically, obsessively trying to push the highly toxic Fracking industry on to the British public and you say you care 🤣
Oh yes I forgot , you only care about children in the Democrat Republic of Congo , not UK children.
Dont make me laugh 🤣 , you must think we’re all BRAND NEW .
Your above OPINION says NOTHING. as usual.
Now MARTIN, , I’ve supplied you my evidence and have offered plenty more to back up ALL my comments .
LET’S SEE WHAT YOU’VE GOT .
Failure to back up your comments with evidence , will render what you’ve said as nothing more than , Wild-Off-The-Cuff, ” OPINION ” based Collywaffle .
MARTIN , for the FORTH time , what about Fracking and THE DIRTY DOZEN ????????
Nonsense, Jack.
You can trot out selected bits and so can I. I could very easily produce a Magnificent Seven. Trouble with your selected bits Jack, that upon scrutiny they are obviously nonsense-such as Chesapeake Energy which expanded just before the 2020 height of the pandemic, lost nearly all revenue due to the pandemic and failed because of that. Restarted after the pandemic and now with “normal” prices doing very nicely. For Jack, 2020 was a “normal” year to try and get the pieces to fit. But, Jack, they don’t and it was yourself who wanted to attempt the fantasy.
Sorry, you, or someone have been working upon the dirty dozen, but as it precludes other children that is NOT evidence. You are trying to prosecute without a defence even being considered.
Me trying to push fracking? Well, Jack last time a survey, actually two, were conducted when fracking was allowed in UK there was Jack attempting to deny the results of those surveys! Just as you tried to deny $7 V $47, because it interfered with your fantasy about a global gas market. Don’t worry about me Jack, it would appear there are many more who don’t buy your nonsense. Strangely Jack, they can very easily check $7 V $47, they can check that cobalt is a carcinogen and being handled by children to make money for someone so that the product is available to the UK and they can check how much new nuclear is going to cost them-if they are tax payers- and check what the generation costs are for electricity from nuclear.
You are the one pushing the brave new world. What is the problem with being honest about what it entails? Just attempting to bash the competition with nonsense doesn’t show much confidence around how the brave new world will be achieved.