Public Demonstrations (Repeals) Bill [HL]

My Lords, I have never detected in his learned writings or anything he has said that the noble Lord, Lord Wedderburn, is slow. I will of course be delighted to carry out his request. I was going to indicate the number of convictions that have taken place between 1 August 2005 and December 2006. I am told by the commissioner that there have been 15 convictions and one caution for taking part in an unauthorised demonstration in the designated area, one conviction for using a loud hailer in the designated area and one conviction for organising an unauthorised demonstration. The commissioner indicates that during the same period—this is an interesting figure—1,379 demonstrations have taken place with an authorisation. Demonstrations by, for example, the Pensions Action Group, Unison, Peace Appeal, the Make Poverty History campaign and the Campaign Against Climate Change have all taken place. The commissioner has imposed conditions on very few of the demonstrations. Contrary to the fear expressed by many noble Lords that demonstrations would not take place or that in some way democracy was imperilled because of the authorisation requirement, one should note that the opposite appears to have happened: more demonstrations are taking place than before. The noble Lord, Lord Carlile, was concerned that future generations may not be able to share his enthusiasm for marching in the student marches of the LSE. However, the position hitherto has been that marches and public processions are governed by the Public Order Act 1986, under which, in certain circumstances, advance notice may be required, conditions may be imposed and marches may even be banned. We join in complimenting the police on the way in which they have facilitated the substantial number of peaceful protests in the area. They plainly do an important job in Westminster, not only in relation to demonstrations in the vicinity of Parliament but in relation to ceremonial occasions and sporting events too. There have been a number of legal challenges to the legislation. This is not unexpected and, no doubt, it is not the end of them. But the police have facilitated peaceful protest while ensuring that those who live and work in Westminster can go about their lawful business. Judgments arising from legal challenges have served to clarify the law. Recently the courts have ruled that even where a demonstration is entirely peaceful in nature, it is justifiable to impose sanctions in certain circumstances on those who fail to comply with the authorisation procedure. The noble Baroness, Lady Ludford, spoke of the importance of the Human Rights Act and how the noble and learned Lord, Lord Bingham, in his judgment in Laporte, identified that there had been a shift in the way in which the right of assembly is now viewed by the law in our country. The Government are plainly encouraging and supporting the right to assembly, creating it as a legal right as opposed to in some way seeking to erode that right. I assure noble Lords that we believe strongly in freedom of assembly and the freedom to demonstrate. The noble Baroness, Lady Williams, indicated that in the SOCPA provisions there appears to be a criminal offence of expressing a view in the vicinity of Parliament. I respectfully disagree. It applies only in relation to unauthorised demonstrations or where the conditions are breached. So plainly the notion that we in the United Kingdom have lost any right to protest is incorrect. It is a powerful right which is central to our democracy. Indeed, many noble Lords have spoken powerfully on that. We believe that the measures we have put in place achieve the balance of allowing people to gather together to express their views and ensuring that those living and working in and around Parliament are able to access Parliament in safety and free from harassment. We keep the law under review but to repeal these provisions would be a retrograde step. The noble Baroness, Lady Miller, was concerned that she could not easily get hold of an application form—which appears, apparently, nowhere but on Mark Thomas’s website—but there is no requirement in the legislation for a person to use a particular form. The application has to be in writing and stipulate the time, date, place and so on of the proposed demonstration. These issues are identified in Section 133. The noble Baroness, Lady D’Souza, discussed national security in the context of these provisions. That, of course, is not specifically identified in these provisions but arises very acutely in the context of the intrusion provisions in relation to designated sites. I respectfully suggest that with these provisions we have a proportionate way of dealing with the perceived problem. The ““English hero”” that the noble Lord, Lord Wedderburn, described Mr Haw as being is still with us. His right to protest continues. It continues, however, in a proportionate and balanced way that sets the way in which one may protest against the way business is conducted in this area. For those reasons, I regret I cannot support the Bill. Before sitting down, I shall make a simple point: the concern the noble Viscount, Lord Bridgeman, identified in relation to Mr Haw’s position is covered also by the response I gave to the noble Lord, Lord Wedderburn, with regard to the new condition placed on Mr Haw, which will be made available. I repeat that I regretfully cannot support the Bill.