Publication of The Joint Committee on Human Rights' Report on Policing and Protest

The JCHR on Policing and Protest has finally published its report with some good news and others not so.
The good news in their recommendations:
'The Government should amend Section 5 of the Public Order Act. Reference to insulting words or behaviour should be removed. This change would allow the police to arrest people for using threatening or abusive language or behaviour but not for using insulting language or behaviour.

Counter-terrorism powers should never be used against peaceful protestors: the Government's guidance on stop and search powers in Section 44 of the Terrorism Act 2000 should make this clear.

The Government should protect the right to freedom of peaceful assembly around Parliament by repealing the Serious Organised Crime and Police Act 2005.'

'Where preventing protest on private land to which the public routinely has access would effectively deprive individuals of their right to peaceful protest, the Government should consider the position of quasi-public spaces to ensure that the right to protest is preserved.'

Some of the not so good news in their recommendations:
'Protest around Parliament should be governed by the Public Order Act 1986. However, the 1986 Act should be amended to deal with the specific circumstances of Parliament, so as to allow Parliamentarians and others to access and work in Parliament whilst protest is ongoing.'

'SUPPLEMENTING THE PUBLIC ORDER ACT

137. We consider that protest around Parliament should be governed by the Public Order Act, in particular the police power to impose conditions on protests under section 14. There is a case, however, for amending section 14 to deal with the specific circumstances of Parliament. Although the Public Order Act could be invoked if protestors sought to prevent people from entering Parliament, it is unlikely to be of assistance where there is doubt as to whether the "purpose" of the organisers is "to intimidate others". Consequently, we recommend that the Public Order Act should be amended to enable conditions to be placed on static protests where they seriously impede, or it is likely that they will seriously impede, access to Parliament.'

‘We recommend that the Home Office, the police, Westminster City Council and the parliamentary authorities should develop alternative arrangements to manage noise levels from protest in Parliament Square, including consideration of whether legislative change is necessary and whether maximum noise levels should be imposed and enforced effectively.’

You can find this report at:
http://www.publications.parliament.uk/pa/jt200809/jtselect/jtrights/47/4702.htm