The BBC reports that Brian Haw has won his legal loophole case against the Serious Organised Crime and Police Act 2005, and can continue his protest.
This must be hugely embarassing for the Government which brought in the controversial legislation partly, but not wholly, to restrict his long running peace camp protest in Parliament Square.
"Last Updated: Friday, 29 July 2005, 11:25 GMT 12:25 UK
Parliament protester wins battleA man who has held a four-year anti-war protest outside Parliament, has won a legal battle to continue his vigil.
From 1 August all protests in a half-mile zone in Westminster, London, must have prior permission from police.
But the High Court has ruled Brian Haw, 56, from Worcestershire, who claimed he was exempt as his protest pre-dated the new laws, can continue his protest.
The government said Mr Haw posed a potential security risk and described his argument as "absurd".
Lawyers for Mr Haw said his demonstration had begun four years ago and therefore he did not have to apply for authorisation, even though the law was actually targeted at him.
Lady Justice Smith, sitting with Mr Justice McCombe and Mr Justice Simon, said the new law did not catch Mr Haw because of a drafting error.
She said: "If Parliament wishes to criminalise any particular activity, it must do so in clear terms. If it wishes to do so, Parliament can amend this Act.""
Nowever, the rights and freedoms of all of the rest of are still restricted by these stupid and disproportionate Designated Area regulations.
The Global Womens' Strike weekly protest may also be exempt, since they have also been regularly demonstrating for over 2 years. However their activities might be classed as a series of separate demonstrations, so their next one would fall foul of the new law. Their use of "open mike" loudspeakers will simply be banned under the new law either way.
Working link:
http://news.bbc.co.uk/1/hi/england/london/4725907.stm