The Labour Government has today published its long awaited
Constitutional Reform and Governance Bill
The Good News - the abhorrent and undemocratic requirement for Prior Written Authorisation by the Police and arbitrary Restrictions on small or spontaneous demonstrations, near Parliament seems to be on its way to being repealed.
Part 4
Public order
32 Demonstrations etc in the vicinity of Parliament
(1) Omit sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (c. 15) (which regulate demonstrations in the vicinity of Parliament).
Hurray !!
However, do not get too excited because:
(2) Schedule 4 (which inserts new powers into Part 2 of the Public Order Act 1986 (c. 64) etc) has effect.
This amendment to the Public Order Act 1986 is even longer and just as complicated as the SOCPA legislation it replaces.
It does not spell out any of the details, as it is enabling legislation, allowing for the creation of arbitrary laws via Statutory Instrument Orders, which can only be accepted or rejected by Parliament, and not amended in any way.
The main difference seems to be the "area around Parliament", defined as no more than 250 metres in a straight line from the nearest point in Parliament Square, rather than the still current Designated Area of up to 1 kilometre (the current Designated Area does not extend as far as that in all directions).
Unlike the current Designated Area, this smaller Area around Parliament would exclude the front entrance of the Metropolitan Police HQ at New Scotland Yard to the west, the MI5 Security Service Thames House building to the south, extend only across Westminster Bridge but no further than the former Country Hall to the east, but would still cover most of Whitehall to the north, including the Whitehall and Horseguards Road entrances to Downing Street and the Whitehall entrance to the Ministry of Defence, if the full 250 metres is designated.
Schedule 4 -- Amendment to Part 2 of the Public Order Act 1986 etc
Schedule 4
Section 32
Amendment to Part 2 of the Public Order Act 1986 etc
Public Order Act 1986 (c. 64)
1 After section 14 insert--
"14ZA Access to and from the Palace of Westminster
(1) This section applies in relation to--
(a) a public procession which is being held (or is intended to be held) where the route (or the proposed route) is wholly or partly within the area around Parliament (see section 14ZB),
or
(b) a public assembly which is being held, or is intended to be held, wholly or partly within that area.
(2) The senior police officer may give directions imposing on the persons organising or taking part in the procession or assembly such conditions as, in the officer's reasonable opinion, are necessary for ensuring that the specified requirements (see subsection (3)) are met.
(3) For the purposes of subsection (2) the Secretary of State may by order made by statutory instrument specify requirements that must be met in relation to the maintaining of access to and from the Palace of Westminster.
(4) They may include (for example) requirements as to the number or location of entrances to the Palace of Westminster--
(a) which must be kept open, and
(b) to and from which there must be access routes for pedestrians and vehicles through the area around Parliament.
(5) An order under this section may confer discretions on the senior police officer.
What "discretions" exactly ?
(6) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In relation to a public procession, the conditions that may be imposed under this section include conditions as to the route of the procession or prohibiting it from entering any public place specified in the directions.
(8) In relation to a public assembly, the conditions that may be imposed under this section are limited to conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration and the maximum number of persons who may constitute it.
No special restrictions on banners, posters, tshirts, campaign badges etc.?
No special restrictions on loudspeakers, megaphones, sound systems etc. ?
How are multiple simultaneous demonstrations by individuals or small groups, some of whom may be opposed to each other, to be policed ?
(9) "The senior police officer" is to be construed in accordance with section 12(2) or 14(2) (as the case may be); and directions are to be given in accordance with section 12(3) or 14(3) if applicable.
(10) Subsections (4) to (10) of section 12 or subsections (4) to (10) of section 14 (as the case may be) apply in relation to conditions imposed under this section as they apply in relation to conditions imposed under that section.
(11) Nothing in this section limits what can be done under section 12(1) or 14(1).
i.e. the "normal" Public Order Act 1986 powers which apply throughout England and Wales.
14ZB The area around Parliament
(1) For the purposes of section 14ZA "the area around Parliament" means the area specified as such by the Secretary of State by order made by statutory instrument.
(2) The area may be specified by description, by reference to a map or in any other way.
(3) No point in the area specified may be more than 250 metres in a straight line from the point nearest to it in Parliament Square.
The Ministry Of Justice, just like the Home Office before them, does not appear to have heard of the third dimension.
Since, unlike the Serious Organised Crime and Police Act 2005 sections 132 to 138, there is no reference to "highways and pavements" etc., 250 metres in a straight line also impinges on the London Underground Westminster Tube Station and the Jubilee, District and Circle lines, which pass under it.
Similarly, it also impinges on the River Thames (below the Palace of Westminster), and on the airspace above the Area around Parliament.Square.
(4) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
14ZC Special provision if a House meeting outside Palace of Westminster
(1) The Secretary of State may by order made by statutory instrument specify, for the purposes of this section--
(a) a building situated outside the Palace of Westminster, and
(b) an area, no point in which is more than 250 metres in a straight line from the point nearest to it on the specified building.
(2) The area may be specified by description, by reference to a map or in any other way.
(3) The following subsections apply in relation to--
(a) a public procession which is being held (or is intended to be held) where the route (or the proposed route) is wholly or partly within the specified area, or(b) a public assembly which is being held, or is intended to be held, wholly or partly within the specified area.
(4) The senior police officer may give directions imposing on the persons organising or taking part in the procession or assembly such conditions as, in the officer's reasonable opinion, are necessary for ensuring that the specified requirements (see subsection (5)) are met.(5) For the purposes of subsection (4) the Secretary of State may by order made by statutory instrument specify requirements that must be met in relation to the maintaining of access to and from the specified building during any week in which the specified building is, or is planned to be, used by a House of Parliament for the purpose of holding meetings of the House or of any of its committees (including joint committees).
(6) "Week" means any period of 7 days starting with a Sunday.
(7) The requirements may include (for example) requirements as to the number or location of entrances to the specified building--
(a) which must be kept open, and
(b) to and from which there must be access routes for pedestrians and vehicles through the specified area.(8) An order under subsection (5) may confer discretions on the senior police officer.
(9) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Subsections (7) to (11) of section 14ZA apply for the purposes of this section as they apply for the purposes of that section."
Noise and Statutory Nuisance Act 1993 (c. 40)
2 In paragraph 1(1) of Schedule 2 (which is about consents for the operation of loudspeakers) omit "or of section 137(1) of the Serious Organised Crime and Police Act 2005".
Serious Organised Crime and Police Act 2005 (c. 15)
3 In the Table in section 175(3) (transitional provision relating to offences omit the entries relating to section 136.
Serious Crime Act 2007 (c. 27)
4 Omit paragraph 64 of Schedule 6.
Transitional provision
5 (1) The public assemblies in relation to which section 14 of the Public Order Act 1986 (c. 64) applies by virtue of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005 by section 32(1) of this Act include (in particular) public assemblies which started, or were being organised, before section 32(1) comes into force.
(2) The public processions and assemblies in relation to which sections 14ZA to
14ZC of the Public Order Act 1986 apply include (in particular) public processions and assemblies which started, or were being organised, before paragraph 1 of this Schedule comes into force.
(3) In this paragraph references to public processions and assemblies include references to processions and assemblies which are intended to be held.
Note the words "include (in particular) public assemblies which started, or were being organised, before section 32(1) comes into force." i.e. Brian Haw's long running peace camp demonstration / public assembly will be covered retrospectively.
The criminal penalties will now be under the Public Order Act 1986.
N.B. the existing Public Order Act 1986 already covers the 250 metres Area around Parliament Square, so there must be something sneaky being planned for the Secondary Legislation Statutory Instrument Orders, which this Clause and Schedule would enable.
