Granting an order for possession and an injunction against Haw and Tucker, Mr Justice Wyn Williams said: "As is apparent from this judgment, I have concluded that the claimant has adduced substantial evidence which justifies the conclusion that the making of orders in this case is proportionate."
"We are not asserting criminal damage, occupation of large parts of Parliament Square or any particular activity of Mr Haw and Mrs Tucker in Parliament Square. "We are saying that their occupation of a part of it is, by itself, what we are concerned about."
The nature, duration and location of the protest were within Article 10 and 11 of the human rights act, which cover freedom of expression, association and assembly, and could only be challenged with if there was a pressing social need.
But, added counsel: "The greater the extent of the right claimed, the greater the risk of that right having to be curtailed to protect the rights and freedoms of others."
Today, a spokesman for the mayor said: "The mayor is pleased that the high court has supported previous rulings to return possession of Parliament Square Gardens to the Greater London authority (GLA).
"The court of appeal had previously made a special case for Brian Haw and Barbara Tucker that they could continue to sleep on the grass area controlled by the GLA on a temporary basis while their case was referred back to the high court for conclusion in this matter.
"The high court has now concluded that neither party should be allowed to continue to sleep on the GLA-controlled grass. The perimeter fences will be adjusted accordingly."
It is reported that Brian , Barbara and their supporters plan to appeal.
Comments
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Phew!
17.03.2011 15:11
Jeffed
Ah, sense at last.
17.03.2011 16:52
Yes, indeed.
I have orften been in that area on my way to chambers and have been struck by the smell. It is awful. It is worse than that time I went to Mumbai and was arrested (wrongly I might add) for trying to purchase a teenage girl.
I think it is high time that eyesore was removed and replaced with some sort of money-making contraption: perhaps a telephone box or internet nail bar for the teenagers to use.
Don't get me wrong, I am a firm believer in the right of the people to protest and would always defend that right, but that right must be used to protest in an orderly manner, for instance, to allow persons and protesters to walk calmly with the police past Parliament (without stopping) and if needed, to allow a designated person to shout a slogan without any swear words in it. Afterwards, those persons should be permitted to go to another place and quietly congratulate each other or have a quiet drink.
That is how we used to do things when I was younger, before I began my studies for the bar.
I think it is disgraceful that our beloved Square and heritage site has been over-run with these old people. It scares the young teenagers away!
Lord Glitter of Bendover.
the first part of the assault on protest. second to follow!
17.03.2011 23:21
last year, when the democracy village was evicted by a court injunction, brian haw and two other named supporters were exempted from the ruling, and the fences were given a little blip where tents for the peace campaign could remain.
it is this exemption that was challenged in an appeal by the GLA which was heard a couple of weeks ago, and ruled upon today.
the GLA will be looking to move the fencing and drive the peace camp tents onto the pavement, unless brian is given leave to appeal the decision.
in the meantime, westminster county council, who have jurisdiction over the pavement, have already applied to the high court over an alleged 'obstruction of the highway', by both brian's protest, and the 'peace strike' campaign. the date for that hearing is yet to be set, but is now expected soon.
last november, cameron promised the house of commons that (although he defended the right to protest - of course) he saw no reason why anyone should sleep in the square and he would work with relevant authorities to remove the sleepers well before the royal wedding.
with just over a month to go, the race is now on, so expect the 'obstruction' hearing any day soon.
rikki
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