The Home Office has disclosed some details about the restrictions on demonstrations in the Designated Area around Parliament Square, under the Freedom of Information Act (FOIA).
The FOIA request was submitted before the SI Order outlining the Designated Area was signed.
The FOIA request asked 16 specific questions, which have been reproduced with the Home Office answers below.
The Designated Area does not, apparently extend Underground e.g. to the Jubilee line Tube Station at Westminster, or to the Airspace above the Designated Area. The FOIA request did not ask, and the Home Office did not clarify if a the River Thames itself below low the water mark is covered or not.
The important "new" information revealed by the disclosure seems to be:
8) What is the minimum duration of a protest or demonstration before it falls under the new regulations ?8. There is no minimum duration to a demonstration before it falls under the new provisions.9) Will a short walk in and around the Parliament Square "Designated Area" entail getting prior permission from the Commissioner of the Metropolitan Police if you happen to be wearing a "political slogan" T-shirt or badge ?
9. The definition of a demonstration is ultimately a matter for the courts.13) What is the position regarding a "fuel protest" type convoy of vehicles beeping their horns, rather than using loudspeakers ?
13. Beeping of horns is not classified as a loudspeaker. A convoy of moving vehicles could be classed as a "procession". In this case the provisions of sections 11, 12 and 13 of the Public Order Act 1986 would apply and not the provisions of the Serious Organised Crime and Police Act 2005.14) Does a separate notification of a demonstration or protest have to be submitted for each and every day, or part of a day that it lasts ?
14. A separate notification needs to be submitted for each new demonstration, however long it lasts. However one letter could seek authorisation for more than one demonstration.
The Home Office Freedom of Information Act disclosure:
Home Office
Public Order and Police Co-Operation Unit
5th Floor, Fry Building, 2 Marsham Street, London SW1PH 4DF
Telephone: 020 7035 1803 Fax: 020 7035 6436
E-mail: Catherine.Webster@homeoffice.gsi.gov.uk
Web Site: www.homeoffice.gov.uk
[email address]
Reference: Annnnn/n 22 July 2005
Dear Mr XXXThank you for your e-mail of 2 June requesting information on the legislation to deal with demonstrations around Parliament. Your request was handled in accordance with the terms of the Freedom of Information Act 2000.
After having carefully considered your request and having examined the information that you requested in your email, I am pleased to be able to disclose the enclosed information to you.
Taking your questions in turn:
1) When will the Home Office publish guidelines on the www.home-office.gov.uk website or the Metropolitan Police Service website www.met.police.uk regarding the rules, regulations and procedures concerning Demonstrations or Protests in the vicinity of Parliament ?
1. I understand that the Metropolitan Police Service plan to put advice on their website about the procedures for applying for a demonstration around Parliament. – do you know when, as the applicant has asked?
2) When will the Order setting up the Designated Area be published ?
2. An Order defining the designated area was also laid before Parliament on 10 June. Copies are available at http://www.opsi.gov.uk/stat.htm
The actual Statutory Instrument is Statutory Instrument 2005 No. 1537
The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005
3) What Public Consultation Procedure, if any, does the Home Office plan to conduct before publishing this Order ?
3. There was no public consultation before the publication of this Order.
4) Where is there a map available, or a detailed description of the extent of the "Designated Area" ?
4. An Order defining the designated area gives a detailed description of the designated area. A map has been produced for illustrative purposes and is available at http://www.homeoffice.gov.uk/crimpol/police/system/protection.html
5) Does the "one kilometre from the nearest point in Parliament Square" refer to just the central part surrounded by roads and pavements, or does it refer to the property boundaries of all the buildings with addresses in Parliament Square e.g. The Palace of Westminster, Westminster Abbey etc. which would potentially increase the maximum extent of the Designated Area considerably.
5. The "one kilometre from the nearest point in Parliament Square" refers to the central part of Parliament Square.
6) Does the "Designated Area" extend Underground to people traveling on the Jubilee Line Tube, or the other Tube and railway lines within "one kilometre from the nearest point in Parliament Square" e.g. the whole of Waterloo Station ?
6. The designated area does not include Waterloo Station and it does not extend underground.
7) Does the "Designated Area" also include the Airspace above Parliament Square already regulated by the Civil Aviation Authority under the Air Navigation Order 2000, especially regarding helium balloons, kites, model aircraft, lasers, searchlights, cinematic projectors etc. as used in demonstrations or protests ?
http://www.opsi.gov.uk/si/si2000/20001562.htm
7. As the legislation deals with the person taking part in a demonstration, it does not cover the airspace above Parliament Square as the demonstrators are unlikely in the air. However, any use of kites, helium balloons or other equipment in the airspace would have to comply with Civil Aviation legislation.
8) What is the minimum duration of a protest or demonstration before it falls under the new regulations ?
8. There is no minimum duration to a demonstration before it falls under the new provisions.
9) Will a short walk in and around the Parliament Square "Designated Area" entail getting prior permission from the Commissioner of the Metropolitan Police if you happen to be wearing a "political slogan" T-shirt or badge ?
9. The definition of a demonstration is ultimately a matter for the courts.
10) What is the exact procedure for writing to the "Commissioner of Police of the Metropolis" ? Is leaving a written notice at any of the Police Stations in London really the only way of notifying the authorities of a forthcoming protest or demonstration ?
10. Written notice seeking authorisation for a demonstration must be delivered to a police station within the Metropolitan Police District or sent by post by recorded delivery to such a police station.
11) Will the "Commissioner of Police of the Metropolis" accept digital electronic signatures to authenticate any email correspondence ? e.g. as permitted under the
Electronic Communications Act 2000
section 7 Electronic signatures and related certificates
http://www.legislation.hmso.gov.uk/acts/acts2000/20000007.htm#7
11. The Commissioner will not accept digital electronic signatures as written notice must be given. E-mail applications are not permitted under these provisions.
12) To whom should any such communications be addressed ?
a) To the Metropolitan Police general enquiries contacts ?
b) To the Commissioner of the Metropolitan Police Sir Ian Blair ?
c) Should a copy also be sent to the Palace of Westminster Division (SO17). If so, what are the contact details ?
d) Should a copy be sent to the Public Order OCU ? If so, what are
their contact details ?
12. Authorisations for a demonstration should be addressed to the Commissioner. There is no need for copies to be sent. Alternatively a discretionary form will be available from the Metropolitan Police. Further advice is available from the Operations Office at Charing Cross Police Station. (0207 321 7524).
13) What is the position regarding a "fuel protest" type convoy of vehicles beeping their horns, rather than using loudspeakers ?
13. Beeping of horns is not classified as a loudspeaker. A convoy of moving vehicles could be classed as a "procession". In this case the provisions of sections 11, 12 and 13 of the Public Order Act 1986 would apply and not the provisions of the Serious Organised Crime and Police Act 2005.
14) Does a separate notification of a demonstration or protest have to
be submitted for each and every day, or part of a day that it lasts ?
14. A separate notification needs to be submitted for each new demonstration, however long it lasts. However one letter could seek authorisation for more than one demonstration.
15) What is the difference between the "at least 6 days" and the "at
least 24 hours" notification periods ?
15. 6 days notice must been given, if it is reasonably practicable. If it is not 24 hours notice must be given. The overnment recognises that there should be provision for a shorter notice period of 24 hours in exceptional circumstances. For example, a demonstration may be organised as a response to an event which could not be foreseen.
16) What are the procedures for notification of the amendment or cancellation of a protest or demonstration ?
16. Any amendment or cancellation of a demonstration should be notified to the Metropolitan Police so they can consider vary the conditions given or impose additional conditionsI hope that you find the information provided to you of interest, and would like to assure you that you have been supplied with all relevant information that the Home Office holds.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request. This can be done by submitting your complaint to:
Information Policy Team
4th Floor
Seacole Building
Home Office
2 Marsham Street
London
SW1P 4DFShould you remain dissatisfied after this internal review, you will have a further right of complaint to the Information Commissioner.
Yours sincerely
AAAA BBBB
Head of Public Order Section
