IN Court 22 at the High Court on Monday 16th January 10.30am, judgment will be passed on whether Westminster Council can clear away protestors from Parliament Square.

PRESS RELEASE 15 January 2012

High Court test for new restrictions on protest near Parliament

Monday 16 January 2012, 10.30am, Court 22, Royal Courts of Justice, Strand, London.

On Monday the High Court will determine if the new restrictions on protest around Parliament can be challenged by judicial review.

The hearing could affect plans by Westminster Council, the GLA and Government to extend restrictions to a much wider area.

The new law will allow the police or ‘authorised officers’ to confiscate sleeping equipment and effectively ban overnight protests. Anyone seen with sleeping equipment could be arrested and have a court order made against them, for an unlimited period, to ban them from the area. They would receive a criminal conviction and possibly a heavy fine. The new legislation will also outlaw any form of ‘amplified noise’ such as megaphones which organisers of demonstrations rely on for conveying the message of their protest. (1)

Despite concerns about the legislation (2), the new restrictions on protest under the Police Reform and Social Responsibility Act (PRASRA) came into force in December but Westminster Council has been unable to act on them so far because of a temporary injunction brought by protestors in Parliament Square.

Maria Gallastegui, who has been protesting for peace opposite Parliament for 4 years, argues that she is authorised to continue her protest under the Serious Organised Crime and Police Act (SOCPA). Although PRASRA was brought in to replace the SOCPA restrictions on protest, the SOCPA provisions will not actually be repealed until 31 March 2012.

Westminster Council’s position is that they can go ahead with a seizure and remove the protestors from Parliament Square before the repeal of SOCPA, and face a judicial review of their actions later.

In addition to the PRASRA restrictions in Parliament Square, Westminster Council, the GLA and the Government are planning to roll out similar controls throughout a much wider area. Westminster Council cited “a particular fear that in the light of what happened at St Paul’s, a similar new encampment could appear in the precincts of Westminster Abbey.” (3)

Maria Gallastegui, the claimant in court on Monday, said, “I have authorisation to continue my protest under SOCPA yet the new law means I am no longer able to stay overnight. I don’t see how these two laws can coexist.

“I am here because I am campaigning on serious issues. Sleeping in these conditions is not easy and no-one takes it on lightly. A tent or similar structure for sleeping is a necessary tool of the trade.

“Creating a constant presence has proved to be effective – in Parliament Square and for the Occupy movement. By removing our right to create a constant presence, these news laws will have a significant impact on legitimate peaceful protest.”

Details:

Monday 16 January 2012, 10.30am, Court 22, Royal Courts of Justice, Strand, London

There will be a demonstration in support of the right to protest outside the court from 9.30am

Contact:

Maria Gallastegui: 07907 233861

Or 07790 117336

Notes:

1.      Police Reform and Social Responsibility Act 2011 (PRASRA) sections 142-149 were enacted on December 19th http://www.legislation.gov.uk/ukpga/2011/13/part/3/enacted

2.       During PRASRA’s passage through Parliament concerns were raised about many expects of the legislation including the dangerous precedent set by giving ‘authorised officer’ (e.g. council officials) power to use ‘reasonable force’ against a member of the public. E.g. Liberty’s Second Reading Briefing on the Police Reform and Social Responsibility Bill in the House of Commons, December 2010

http://www.liberty-human-rights.org.uk/policy/bill-tracker/past-bills/2011/police-reform-etc-bill.php

3.       Westminster draft new byelaws to restrict protest in the area of Parliament, Whitehall etc

http://www.westminster.gov.uk/services/transportandstreets/strategy/parliament-square-proposed-byelaws/

and Dept for Culture, Media and Sport draft new byelaws to restrict protest in Royal Parks and other open spaces

http://www.culture.gov.uk/consultations/8710.aspx

and the GLA draft new byelaws
https://www.london.gov.uk/consultation/draft-byelaws-trafalgar-square-and-parliament-square-garden