I would like someone to clarify for me if what this mean if that the STWC has stopped complying with POA 1986 at last. This is really what happened during another supposed ban of a STWC march last October:
'Last October, the organizers of the Stop The War Coalition march to Parliament had notified the police in advance and sat down with them in order to negotiate the conditions of that protest (stewards, route, time, etc.), thus complying with Sections 11 and 12 of POA 1986. However, the Police walked out from negotiations with the Stop the War Coalition, announcing that they were not ‘facilitating’ their march – an euphemism meaning that they would use any means, including force, to stop that march happening. Many people were under the impression that, in doing so, the police had used powers granted them under SOCPA. In fact, when the police tried to justify the ban they mentioned a Sessional Order, under the 1839 Metropolitan Police Act [18], that was in reality an order from Parliament to the Police ‘to enable free passage by Peers and Members on days on which Parliament is sitting’. However, it was not actually possible for the police to legally use this Sessional Order to criminalise the organizers of the march, especially because non-compliance by protesters could not have constituted any offence. That Sessional Order is just an instruction of Parliament to the police and not legislation. However, Section 13 of POA 1986 gives the police the power to prohibit marches. This section justifies the prohibition of a procession in a particular area for no longer than three months when the police ‘reasonably believes’ that the procession could result in serious public disorder. At the end, the police decided not to exercise this power and finally allowed the march to happen.
These facts were largely mis-represented not only by the organizers of the 8th of October march but also the mainstream press. For example, in an article published in the Observer on October 7, 2007, Henry Porter forgets to mention that the STWC had been complying with POA 1986 all along and that power to ban that march was not really contained in SOCPA or the Sessional Order, but in POA 1986:
"That is where it becomes a problem. Instead of using the Serious Organised Crime and Police Act 2005, the law preventing demonstration within a kilometre of Parliament Square without police permission, the authorities have disinterred a Sessional Order of the House of Commons of the Metropolitan Police Act of 1839, passed at the time of the Chartists.
With archaic relish, they have banned the march because it may impede the progress of any MP or peer who wants to attend Parliament (it is surprising there is no mention of Mr Speaker's coach and four). The organisers have guaranteed that access, but the ban stays in place, which is odd given that the Prime Minister is on record as saying he wants to repeal the section of SOCPA that requires police permission."' [1]
SOCPA 2005 only covers static demonstrations (assemblies and lone protesters) around Parliament and other 'designated sites'. So really, the STWC does not need to ask for 'authorisation' to the Police when what they are doing is giving notification in advance to the Police (section 11, POA 1986) and allowing for the police to put conditions on their march (section 12, POA 1986). The case is, because under SOCPA 2005 the police cannot really ban a demonstration, giving prior notification under POA 1986 or asking for 'authorisation' under SOCPA 2005 are exactly the same things.
The question here is: Has the STWC notified in advance and negotiated with the Police the conditions of that protest? In that case, if the Police has told them they cannot have their march, they well deserved it (if they had not asked for permission in the first place the police wouldn't have had the chance to say 'no') If what happened was that the STWC has stopped complying with POA 1986, in that case, WELL DONE TO THEM AND I'LL BE COMING TO THEIR MARCH!.
Then, maybe they have realised that accepting the police's motto: 'you tell us when you're protesting and we'll tell you how' is a waste of time apart from a STRAIGHTFORWARD COLLABORATION WITH THE CRIMINALISATION OF PROPER PROTEST.
Does anyone know what this apparent 'ban' really means?
[1] Campaign for Free Assembly's 'Freedom to Protest: What Does the Proposed Repeal of Sections 132-38 of SOCPA Really Mean?'. See full article at:
http://freedomofassembly.blogspot.com/
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