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December 19, 2011

SOCPA 2005 sections 132 to 138 Designated Area restrictions around Parliament Square repealed as of 30th March 2012

The Police Reform and Social Responsibility Act 2011 (Commencement No. 2) Order 2011

Provisions coming into force on 19th December 2011

2. The day appointed for the coming into force of the following provisions of the Act is 19th December 2011--
(a)section 141(1) (demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions) insofar as it repeals section 137 of the Serious Organised Crime and Police Act 2005(1);
(b)section 142 (controlled area of Parliament Square);
(c)section 143 (prohibited activities in controlled area of Parliament Square);
(d)section 144 (directions under section 143: further provision);
(e)section 145 (power to seize property);
(f)section 146 (power of court on conviction);
(g)section 147 (authorisation for operation of amplified noise equipment);
(h)section 148 (meaning of "authorised officer" and "responsible authority");
(i)section 149 (effect of Part on byelaws);
(j)section 150(1) and (3) (powers of seizure etc under certain regulations and byelaws);
(k)section 150(2) (powers of seizure etc under certain regulations and byelaws) insofar as it relates to byelaws made by local authorities in England.

Also


Provisions coming into force on 30th March 2012

3. The day appointed for the coming into force of section 141(1) of the Act insofar as it has not already been brought into force and section 141(2) of the Act is 30th March 2012.

Why is it taking so long to repeal this old law, even after the new Act is on the Statute Book ?

EXPLANATORY NOTE(This note is not part of the Order)

This Commencement Order brings into force sections 142 to 149 and section 150 (except for section 150(2) insofar as it relates to local authorities in Wales) of the Police Reform and Social Responsibility Act 2011 on 19th December 2011. It also brings into force the repeal of section 137 of the Serious Organised Crime and Police Act 2005 on 19th December 2011.

The repeal of sections 132 to 136 and 138 of the Serious Organised Crime and Police Act 2005 is brought into force on 30th March 2012 as is the transitional provision in section 141(2) of the Police Reform and Social Responsibility Act.

So currently, apart from the ban on loudspeakers (SOCPA 2005 section 137) , both the old SOCPA 2005 Designated Area law and the new Police Reform and Social Responsibility Act 2011 laws apply !

What is so special about the repeal of just the loudspeaker ban, that it is commenced before the rest of the repeals ?

Why was this not all brought in over one day, as soon as the Police Reform and Social Responsibility Act 2011 got Royal Assent back in September 2011 ?

November 28, 2010

House of Lords Question / mini debate on Parliament Square 8th November 2010

The Conservative-Liberal Democrat coalition government has spent six months dragging its heels over repealing the Serious Organised Crime and Police Act 2005 sections 132 to 138 Designated Area around Parliament Square.

They have not even used the existing legislation to vastly reduce the area covered by the Order which sets out the current extent of the Designated Area.

The House of Lords has had a small debate , following a Question:

HL Deb, 8 November 2010, c4

Parliament Square -- Question
House of Lords debates, 8 November 2010, 2:45 pm

Baroness Trumpington (Conservative)

To ask Her Majesty's Government whether any agency is responsible for the removal of those occupying the pavement in Parliament Square.

[...]

Baroness Neville-Jones (Minister of State (Security), Home Office; Conservative)

My Lords, Westminster City Council is responsible for the pavements under its control and the Metropolitan Police are responsible for policing crime and managing protests in the designated area around Parliament. The Government share the public's concern about the current state of Parliament Square and are working with all the relevant agencies to protect this place of national importance. The Government intend to introduce legislation shortly

[...]

Lord Dubs (Labour)

My Lords, the Minister referred to working with several authorities. Will she explain who owns the middle of Parliament Square?

Baroness Neville-Jones (Minister of State (Security), Home Office; Conservative)

My Lords, as many noble Lords may know, the problem is that no single authority owns Parliament Square. Westminster Council has responsibility for the pavements on the southern and western sides of the square and the GLA has responsibility for the pavements on the northern and eastern sides and for the grass. This means that we have to have partnership between these various agencies, and the Government have been involved in fostering that in order to bring about improvement in the square.

[...]

April 10, 2010

No repeal of SOCPA Designated Area around Parliament as promised - lost in the "wash up" of the Constitutional Reform and Governance Act 2010

The badly draughted and repressive Serious Organised Crime and Police Act 2005 sections 132 to 138 which created the Designated Area for suppressing even peaceful demonstrations around Parliament and Whitehall and the MI5 Security Service and the Metropolitan Police HQ etc. were passed , without proper Parliamentary scrutiny or debate in the so called "wash up" process when the 2005 General Election was called.

This utterly corrupt and anti-democratic fiddle, whereby the major party whips agree in secret, which bits of the lame duck Government's plethora of Bills will get magically amended within a couple of days and passed "on the nod" without any debate or detailed scrutiny.

They basically decide amongst themselves which Clauses are to be kept and which are dropped from these Bills, a process which makes a mockery of Parliamentary democracy.

Incredibly, this "wash up" process has happened again, with the Constitutional Reform and Governance Act 2010, which was rubber stamped and given Royal Assent yesterday.

This Bill used to have the repeal of the Designated Area around Parliament Square in its sub title, and as its first Clause, so you would have thought that this was its primary purpose.

However, the corruption scandals involving MPs and Peers expenses etc. managed to mutate this Bill so that they became the major bits of the politicians (self) interest during its passage.

What had become Clause 61 Demonstrations in the vicinity of Parliament would have repealed SOCPA ss 132 - 138

The associated amendments in Schedule 9 Amendment to Part 2 of the Public Order Act 1986 etc. which, for some unexplained reason would have created a different, slightly less onerous anti-protest zone "no more than 300 metres" (originally 250 metres) from the main entrances to the Palace of Westminster and Portcullis House. This would "only" have restricted the number of people and times and locations of demonstrations, without any arbitrary powers over , say banners or t-shirts etc, or over loudspeakers, like SOCPA ss 132 - 138.

All of this is now lost in the wash up as the Commons voted to accept the final round of Lords' Amendments and the Bill became an Act of Parliament.

We do not live in a democracy any more.

The individual civil servants and politicians who have allowed the notorious SOCPA 2005 ss 132 - 138 to continue as the law, should be publicly Named and Shamed.

Will the next Home Secretary at least have the guts to heavily restrict the existing Statutory Instrument 2005 No. 1537 - The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 to the bare minimum extent i.e. just to the pavement and highway immediately outside the main entrances to the Houses of Parliament and no further ?


July 20, 2009

Constitutional Reform and Governance Bill - repeals SOCPA ss 132-138, but substitutes new enabling powers in a 250 metre Area around Parliament Square

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.

See Google Maps / StreetView

Schedule 4 -- Amendment to Part 2 of the Public Order Act 1986 etc

Continue reading "Constitutional Reform and Governance Bill - repeals SOCPA ss 132-138, but substitutes new enabling powers in a 250 metre Area around Parliament Square" »

February 10, 2009

New Scotland Yard - mass photography protest - 11 am Monday 16th February 2009

The forthcoming protest called by professional, amateur and political activist Photographers will highlight several of the Labour government's repressive policies, which afflict normal, law abiding people's rights and freedoms, without producing any tangible "security" benefit against terrorists or criminals.

Mass photography protest - 11 am Monday 16th February 2009, Metropolitan Police HQ, New Scotland Yard

Which of the various police powers will be used to harass and intimidate peaceful, lawful protestors and professional media photographers, outside of the Metropolitan Police Service HQ ?

The SOCPA section 132 to 138 Designated Area around Parliament Square ? (New Scotland Yard in Broadway is just within the Designated Area - see The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005)

The Terrorism Act 2000 section 44 stop and search without reasonable cause ?

The new Terrorism Act 2000 section 58A "eliciting or attempting to elicit" or publishing or communicating "information" about a current or former police officer ?

N.B. New Scotland Yard is not a Prohibited Place, under the Official Secrets Act 1911.

April 3, 2008

Poor quality Home Office Statistics on the number of arrests in the SOCPA Designated Area around Parliament Square

The "why is he still in a job after personally presiding over so many cockups and scandals" Home Office Minister Tony McNulty answered a Parliamentary Written Question, giving a few details about the numbers of people (91 arrests, 18 convictions, up to December 2006) who have been arrested in the Designated Area around Parliament Square and beyond:

1 Apr 2008 : Column 755W
Demonstrations: Parliament Square

Mr. Amess: To ask the Secretary of State for the Home Department how many (a) males and (b) females, broken down by age group, were (i) arrested, (ii) prosecuted and (iii) convicted of unlawful public demonstrations in Parliament Square in each of the last three years for which information is available. [192539]

Mr. McNulty: Data showing the number of males and females, by age group, proceeded against and found guilty of organising or carrying out a demonstration in a designated area in 2005 and 2006 are found in the following table. The Ministry of Justice are unable to separate offences committed in Parliament Square from those committed in other locations within the designated area.

The Home Office does not collect the information requested on arrests centrally. However I understand from the Commissioner of the Metropolitan Police that since Section 132 of the Serious Organised Crime and Police Act 2005 came into force until the end of December 2006, there have been 91 arrests of individuals for a range of offences connected to demonstrations in the vicinity of Parliament. Data on the number of arrests in 2007 is not available.

Someone is lying or is bureaucratically inept if they cannot tally up the figures for 2007 more than 3 months into 2008.

1 Apr 2008 : Column 755W

Mr. McNulty: Data showing the number of males and females, by age group, proceeded against and found guilty of organising or carrying out a demonstration in a designated area in 2005 and 2006 are found in the following table. The Ministry of Justice are unable to separate offences committed in Parliament Square from those committed in other locations within the designated area.

See Table below:

Continue reading "Poor quality Home Office Statistics on the number of arrests in the SOCPA Designated Area around Parliament Square" »

March 23, 2008

The Observer: Ban on protests at Parliament to be lifted - wait for the details before celebrating

The Observer has a short piece of media spin, ahead of what they claim will be a Government pronouncement, supposedly later this week.

Ban on protests at Parliament to be lifted

Gaby Hinsliff
The Observer,
Sunday March 23 2008


A controversial ban on protests outside the Houses of Parliament will be scrapped by Home Secretary Jacqui Smith this week in a symbolic victory for freedom of speech campaigners.

[...]

Gaby Hinsliff is the Political Editor of The Observer, and so has presumably been briefed by a suitably well placed spin doctor.

Assuming that this anonymously briefed story is true, the Home Secretary does have the power to rescind or to amend the Statutory Instrument Order which sets out the extent of the Designated Area around Parliament Square.
under sections 132 to 138 of the Serious Organised Crime and Police Act 2005.

Given how untrustworthy the current Government is, we will wait to see exactly what the Home Secretary Jacqui Smith really announces in detail, before celebrating any return to the status quo ante.

Continue reading "The Observer: Ban on protests at Parliament to be lifted - wait for the details before celebrating" »

January 15, 2008

Managing Protest consultation response

Here is our short response to the Home Office's Managing Protest around Parliament public consultation which closes this Thursday 17th January 2008:

  • 1) Repeal SOCPA 2005 sections 132 to 138
  • 2) No "harmonisation" with the Public Order Act 1986
  • 3) Sessional Orders must be reformed for the 21st Century
Some possible face saving options and minor amendments:
  • Option 1: Vastly reduce the size of the Section 138 Designated Area
  • Option 2: Remove the inclusion of indoor "Public Places
  • Option 3: Clarify the ambiguous extent of the Section 138 Designated Area boundary
  • Option 4: Amend Section 132 to include a clear definition of the word "demonstration"
  • Option 5: Modify the SOCPA 2005 Section 128 Protected Site Designations
  • Option 6: Remove the Security Service MI5 Thames House "steps" anomaly

Continue reading "Managing Protest consultation response" »

December 18, 2007

Metropolitan Police - Religious Discrimination against the anti-Christmas Carol Service in Parliament Square

carol_service_2007.jpg
You are cordially invited to a public anti-Christmas carol service in Parliament Square at 6:30pm on Thursday the 20th of December 2007.

Tim Ireland from Bloggerheads is yet again organising a Christmas sing song, to show just how arbitrary and ridiculous the SOCPA ss123 - 138 Designated Area around Parliament Square really is.

In previous years, (2005 and 2006), the Metropolitan Police Service has been noticeable by their studious absence from the glare of any media publicity which might have been covering the Carol Services which Tim organised, without applying for permission.

This year, Tim has managed to "successfully apply" for Written Prior Permission to Demonstrate in the Designated Area, for an anti-Christmas.Carol Service. - exactly the same format as previous years, just singing anti-Christmas songs instead.

In other words, the Metropolitan Police Service is now in the dishonourable and unethical position of having made an Arbitrary Religious Discrimination Policing Decision, which impinges on Freedom of Religion and Freedom of Speech.


December 13, 2007

Shop An MP for demonstrating within the SOCPA Designated Area

Comedian and political activists Mark Thomas seems to be intent on getting the notorious Serious Organised Crime and Police Act 2005 ss 132 - 138 Designated Area around Parliament Square to be applied equally also to politicians and journalists as well as to sundry peaceful demonstrators.

The Guardian reports:

Help me put Gordon in jail

If MPs pass ridiculous laws to limit our freedom, they should be forced to abide by them too

Mark Thomas
Thursday December 13, 2007
The Guardian

Rarely do first lines have the potential to cost thousands of pounds (outside of libel), and rarely do I get to write words quite like those that follow; so forgive me an over-dramatic opening sentence, but yesterday lawyers acting for me started an attempt to get Gordon Brown into the dock.

With lawyers and police working on the ongoing Donorgate inquiries, Downing Street can be quite crowded if you are trying to bring a legal action. Nonetheless, my lawyers delivered a letter to the director of public prosecutions yesterday afternoon calling for an urgent investigation into allegations that the prime minister broke the law by demonstrating unlawfully in Parliament Square last summer. If found guilty he could face 50 weeks in prison - though, after serving 10 years at No 11, he should do his bird with ease.

Continue reading "Shop An MP for demonstrating within the SOCPA Designated Area" »

October 29, 2007

Wearing a Poppy near Parliament could get you arrested

Click here to find out how to avoid arrest!

Tim Ireland reminds us:

Wearing a poppy could get you arrested - find out more!

Despite multiple attempts by the police to rubbish my legal warning off the record or downplay it in the media, Mark Thomas pressed the matter and the police were forced to admit that if he wore a red nose without permission he could indeed be arrested for an having unauthorised demonstration.

And what applies to red noses must equally apply to poppies; otherwise the police will be forced to admit that their role has become unacceptably politicised via poor legislation. Their job is to enforce the law as it stands, not to take great pains to interpret/enforce the law selectively in order to give one interest group priority over another.

My job as a responsible citizen is to inform you that it is currently illegal for you to wear a poppy or promote the 2007 Poppy Appeal in any way within the designated area surrounding Parliament if you do not first seek permission from the Metropolitan Police Commissioner.

Simply wearing a poppy could result in a fine of £1,000.

Organising a Remembrance Day or Poppy Appeal event that takes place within the designated area could result in a fine of £2,500 and/or imprisonment for a term not exceeding 51 weeks.

No, this is not a joke. Far from it.

Click here to find out how to avoid arrest!

June 2, 2007

SOCPA Section 128 Protected Site signs within the SOCPA Section 132 Designated Area

With no publicity or public consultation, or any interest from the mainstream media, and no debate or scrutiny from Members of Parliament, the access of members of the General Public to meet with and lobby and observe their elected Members of Parliament and the unelected Lords has been further reduced as of 1st June 2007.

See our previous blog entry:- Palace of Westminster and Portcullis House now Designated under SOCPA Section 128 - even the previously public areas !

Some perimeter warning signs have now appeared around some of the Designated parts of the Parliamentary Estate. They say:

Trespass on this Site
is a criminal offence.

This is a protected site
under Section 128
of the Serious Organised Crime
and Police Act 2005.

At the Victoria Embankment end of Derby Gate:

Victoria_Embankment_2_300.jpg

N.B. there are no such signs visible at the glass fronted public entrance and lobby to the Committee Rooms in Portcullis House.

At the base of "Big Ben" St. Stephen's Clock Tower on Bridge Street (which has been scaled by demonstrators in the past):

Palace_of_Westminster__Bridge_Street_300.jpg

The vast array of black painted spiky railings, black painted concrete barriers, black CCTV surveillance camera "death star" mountings and now these "Protected Site" signs, all just show how paranoid and unfriendly and out of touch with the electorate, Parliament has now become. No wonder politicians are held in such increasing contempt by the public.

Palace_of_Westminster_3_300.jpg

Note that Section 128 Offence of trespassing on designated site of the Serious Organised Crime and Police Act 2005 was amended by Section 12 Trespassing etc. on nuclear sites of the Terrorism Act 2006, which, for some unfathomable reason, decided to replace the word "designated" with "protected" in the text of the clauses (but not in the sub-title of Section 128). This now lumps together military bases , military nuclear, civil nuclear and other designated sites into the category of Protected Sites.

Protected against what, exactly ? Not against terrorists, since many other laws would already apply. Presumably the protection is against otherwise peaceful demonstrators, with the collateral damage side effect, of further restricting the rights of the general public, even when they are not demonstrating or protesting peacefully.


Continue reading "SOCPA Section 128 Protected Site signs within the SOCPA Section 132 Designated Area" »

April 8, 2007

2000 mass lone demonstrations on Saturday 21st April within the SOCPA Designated Area around Parliament Square

The Mark Thomas website has details of a planned set of 2000 demonstrations in one day, on Saturday 21st April 2007, within the Designated Area around Parliament Square and beyond.

You can join the challenge to New Labour's liberty threatening laws. So far 59 individuals have applied for 20 demos each (with 4 single demo requests) but anyone can come along on the 21st of April. Get involved and let's have 2,000 demos!

This is how it works: Each demonstrator holds a 10 minute demo at 19 different places (the start and finish demonstrations are in Parliament Square) and then gives themselves 10 minutes to get to their next demonstration. We have an info pack available for you to use which includes details on how to organise the demos, a list of places you might want to protest at in the designated area, a map of the SOCPA zone and access to our easy to fill in application printer (type in the bare details of your demos and in seconds you will get 20 forms set up and ready to print.)

If you want to demonstrate on the 21st of April you have until 10.30am Sunday the 15th of April to get your forms into the police at Charing Cross police station.:

Demo Information Pack

N.B. you should check that any Letter which you hand in or send via recorded delivery post (neither ordinary postal mail, nor fax, nor email are legally acceptable) to Charing Cross Police Station (or any of the other "police stations in the Metropolitan district" of London) is formally addressed to the "Commissioner of Police for the Metropolis", as per the wording of Section 133 of SOCPA, just in case you have to rely on this document in Court.

(1) A person seeking authorisation for a demonstration in the designated area must give written notice to that effect to the Commissioner of Police of the Metropolis (referred to in this section and section 134 as "the Commissioner").

[...]

(4) The notice must state-

(a) the date and time when the demonstration is to start,
(b) the place where it is to be carried on,
(c) how long it is to last,
(d) whether it is to be carried on by a person by himself or not,
(e) the name and address of the person giving the notice.

(5) A notice under this section must be given by-

(a) delivering it to a police station in the metropolitan police district, or
(b) sending it by post by recorded delivery to such a police station.

UPDATE:
Indymedia have a report and some photos. It seems that the target of over 2000 demonstrations was achieved, which should not, of course, be allowed to be used by the Labour politicians as evidence that somehow the freedom to demonstrate has not been affected by this stupid and repressive law.

March 28, 2007

Palace of Westminster and Portcullis House now Designated under SOCPA Section 128 - even the previously public areas !

Home Office Minister Tony "not fit for purpose" McNulty has signed Statutory Instrument 2007 No. 930 - The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 which comes into force on 1st June 2007.

This "designates" some more sites, under the Serious Organised Crime and Police Act 2005 Section 128

Most controversially this now "designates" the entire Palace of Westminster and Portcullis House office buildings, crucially, even the formerly public access areas such the Central Lobby or the Committee Rooms.

It is intolerable for any Police officer and / or the Attorney General to have the power of arrest and prosecution on a charge which could lead to up to 51 weeks in prison in these particular areas, threatneing and chilling the democratic right of constituents. to meet and lobby their Members of Parliament, or to listen to the proceedings of Select Committees etc.

Designating the exterior of the building and the private office spaces and the Chambers of Parliament seems fair enough, but not the public areas. There are plenty of other existing laws to deal with "disturbing the peace" or any threats of actual violence etc which apply to these areas, it is typical of the Labour Government control freaks like Tony McNulty and his boss John Reid, to ineptly further restrict our democratic freedoms to assemble and protest and lobby democratically and peacefully.

Palace_of_Westminster_and_Portcullis_House_300.gif

Members of Parliament seemed to have not understood that these public areas of Parliament itself are already curtailed, under Section 132 of the same Serious Organised Crime and Police Act 2005, since the Palace of Westminster is within the Designated Area around Parliament Square, which includes:

Section 132 (7)

(b) "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,

Now it appears that you can be arrested,on the whim of a Police officer, inside Parliament both under Section 128 and Section 132 of the Act.

Under Section 128, it is your mere presence within the Designated Site which now surrounds the formerly public areas inside the Parliament buildings, which is criminalised, even if you are not actually protesting or demonstrating, and even if you leave when requested to do so.

The new criminal offence of "Offence of trespassing on designated site" is entirely separate from that of criminal trespass, or the civil common law offence of trespass.

Section 128 is so badly written, that there actually no exemptions, even for the owners of the Designated Sites themselves i.e. the Crown, the Duchy of Cornwall, the UK Military, the UK Government, Parliament and the operators of nuclear power stations etc.
Their only right under Section 128, is to grant permission in respect to the display of warning notices around the periphery of the site.

Continue reading "Palace of Westminster and Portcullis House now Designated under SOCPA Section 128 - even the previously public areas !" »

April 29, 2006

Beating the Bounds of the Designated Area - May 1st 2006

Mayday_beating_the_bounds_300.jpg

Beating the Bounds WiKi:

On 1 August 2005 Section 132 of the Serious Organised Crime and Police Act 2005 (SOCPA) came into force, making any protest in the 'designated area' - up to 1km around Parliament - illegal unless police permission has first been received.

On 1 May 2006 we will be BEATING THE BOUNDS of this massive protest exclusion zone against our loss of freedoms of association and expression.

We will assemble at 12 noon in Trafalgar Square on 1 May 2006

ON THIS TRADITIONAL DAY OF COMING TOGETHER TO CELEBRATE AND UPHOLD OUR RIGHTS, LETS DEFEND OUR FREEDOM TO PROTEST WITHOUT POLICE PERMISSION

COME AND TAKE PART IN THIS FUN, NOISY, CREATIVE AND PEACEFUL CHALLENGE TO AN AUTHORITARIAN GOVERNMENT

MORE DETAILS TO FOLLOW SHORTLY

See here for a reports/photos from a previous Beating the Bounds demo:
http://www.indymedia.org.uk/en/2005/12/329275.html
http://www.indymedia.org.uk/en/regions/london/2005/12/329150.html
Lets make this next one really big and really noisy!

A map of the exclusion zone can be seen here:
http://www.met.police.uk/publicorder/images/Section_132_7_boundary.jpg

A detailed description of the boundary of the 'designated area' can be seen here:
http://www.opsi.gov.uk/si/si2005/20051537.htm

For more details on SOCPA and the protests against it see:
http://www.peopleincommon.org
http://www.parliamentprotest.org.uk
http://www.pledgebank.com/protest

Also see Is the SOCPA Designated Area actually bigger than we have assumed ?

April 13, 2006

Westminter Abbey protest not covered by SOCPA Designated Areas law ?

An example of how stupid and ineffective the Serious Organised Crime and Police Act 2005 Designated Area law is, can be seen from today's demonstration by fathers' rights protestors who scaled part of Westminster Abbey, as reported by the BBC

Similar protests have been made by climbing up onto the Foreign Office parapet and by environmentalists climbing up St. Stephen's clock tower ("Big Ben"), both of which buildings are within the boundary of the Designated Area. Buckingham Palace is within the theoretical 1 kilometre maximum extent of the Designated Area, but not curretly within the boundary as laid down by Order.

However, none of these are actually part of the Designated Area since they are not "highways or pavements" and they are not a "public place" as defined by Section 132 of the Serious Organised Crime and Police Act 2005

(b) "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,

The public areas of Westminster Abbey, where the tourists and religous worshipers congregate are covered by the Designated Area. Why should the Police have to decide whether a Religous service or ceremony in Westminster Abbey is or is not a Demonstration requiring prior written permission ?

All of these "climb up somewhere perilous on a public building" type publicity stunts have been in areas where the public does not have any "express or implied permission".

There is another section of the Act, Section 128 "Offence of trespassing on designated site", which can be used to Designate sites such as Crown Land or for National Security , but this has only been used so far to Designate some Military bases.and neither the Foreign Office, nor Buckingham Palace has yet been Designated.

Astonishingly, the Government has already amended this section of the Serious Organised Crime and Police Act 2005 via the Terrorism Act 2006 Section 12 "Trespassing etc. on nuclear sites" , to also allow for the Designation of Civilian Nuclear sites (which are not owned by the Crown, having been semi privatised).

It has to be asked, what exactly have peaceful protests or demonstrations, even ones involving trespass, got to do with terrorism or with serious organised crime ?

January 25, 2006

No Home Office "guidance" to the Metropolitan Police regarding SOCPA Designated Area laws ?

Why has the Home Office apparently not issued any "guidance" or instructions to the Metropolitan Police regarding the Serious Organised Crime and Police Act Designated Area around Parliament Square and beyond ?

Are the NuLabour politicians trying to blame the Metroplitan Police who have the thankless task of enforcing this incompetent and repressive legislation ?

According to this Parliamentary Written Answer:

Written answers Thursday, 19 January 2006

Home Department
Serious Organised Crime and Police Act

Robert Wilson (Reading East, Con):

To ask the Secretary of State for the Home Department what guidance his Department has issued to the police on the implementation of the Serious Organised Crime and Police Act 2005 in the vicinity of Parliament since the recent arrest and conviction of Maya Anne Evans.

Paul Goggins (Parliamentary Under-Secretary, Home Office):

No guidance has been issued on the provisions of the Serious Organised Crime Act dealing with Parliament Square. Home Office officials have worked closely with the Metropolitan police on the implementation of this legislation. We do not consider that written guidance to the Commissioner is necessary. However, we keep the need for guidance under review, in the light of operational experience.

January 22, 2006

Is the SOCPA Designated Area actually bigger than we have assumed ?

Tim Ireland has an interesting posting on Bloggerheads, which suggests that he might also be at risk of being considered an "organiser" of a demonstration without prior written approval, by "beating the bounds" around the Desgnated Area.

The other interesting question that Tim raises is that of the exact extent of the Designated Area, given the imprecise wording of Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005

(2) Subject to paragraph (3), references in paragraph (1) to a named street or other highway include the pavements adjoining that street or other highway on the extremity of the designated area.

(3) The pavements in Trafalgar Square are not included in the designated area."

It is this Statutory Instrument which is the legal definition of the extent of the Designated Area, and not any map produced by the Metropolitan Police

Tim suggests that the side roads which cross the boundary of the Designated Area described in the Statutory Instrument are also included:

Also, if you're thinking of standing in a side street, think again; the Act is worded so clumsily (or cleverly, depending on your point of view) that the exclusion zone can actually be interpreted to include the pavements on any adjoining highway at the extremity of the perimeter and/or that entire highway itself. The whole perimeter is - effectively - another city-block wider... potentially with tendrils extending far beyond that (though , as it says here, for no more than "one kilometre in a straight line from the point nearest to it in Parliament Square").

We do not quite agree with this, interpretation, but it did get us thinking that the typically Home Office "catch all" wording does actually mean that any of the "named streets" which the Statutory Instrument description of the extremity of the Designated Area mentions include the "pavements adjacent" as well.

This wording seems to apply to the entire pavement in the "named street", over its entire length, even the part of the street heading away from the direction of Parliament Sqiare, provided that no point is ""more than one kilometre in a straight line from the point nearest to it in Parliament Square"

Continue reading "Is the SOCPA Designated Area actually bigger than we have assumed ?" »

January 19, 2006

Parliamentary Answer: there have been 28 people arrested in the SOCPA Designated Area since 1st August 2005

Home Office Minsiter Paul Goggins provided a Written Parliamentary Answer:


16 Jan 2006 : Column 1091W—continued

[...]

Parliament (Protests)

16. Mr. Carmichael: To ask the Secretary of State for the Home Department how many people have been arrested for protesting within a mile of Parliament since 1 August 2005. [41784]

Paul Goggins: The Commissioner of the Metropolitan Police has informed me that there have been 28 arrests for taking part in an unauthorised demonstration in the designated area since 1 August 2005.

Does this total include this mystery man who was one of the very first to be arrested on 1st August 2005 ?

December 4, 2005

First Court appearance following an arrest under the SOCPA Designated Area around Parliament Square

The first actual court appearance of someone arrested under the controversial Serious Organised Crime and Police Act 20005 Designated Area around Parliament Square is due this Wednesday 7th December 2005.

Maya Evans was arrested with Milan Rai on the 25th October 2005, for holding a "bell ringing" remembrance ceremony for the Iraqui war dead, near the Cenotaph in Whitehall.

It will be interesting to see if the Bow Street Magistrate sets a legal precedent, by ruling that a "ceremony" within the Designated Area is actually a "demonstration" within the meaning of section 132 of the Serious Orhganised Crime and Police Act 2005.

if such a ruling is made, then this should be a major news story, as it will have serious implications for any other Ceremonies held within the Designates Area such as the Royal British Legion Poppy Day / Remembrance Sunday Cereomonies which were held in the same location near the Cenotaph in Whitehall.

Similarly the State Opening of Parliament in the Palace of Westminster and the the Trooping of the Colour Ceremonies in Horseguards Parade, also involving Her Majesty the Queen, will be affected as well.

There will also be implications for Freedom of Religon, especially for for Wedding, Funeral, or Remembrance Ceremonies etc. held in any of the Places of Worship within the Designated Area such as Westminster Abbey, or the Methodist Central Hall etc.

All of these locations are defined as "public places" under SOCPA:

(b) "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,

November 21, 2005

Beating the Bounds of the SOCPA Designated Area - Sunday 4th December 2005, 1pm

In the spirit of the ancient tradition of Beating the Bounds of the Serious Organised Crime and Police Act 2005 Designated Area around Parliament Square and beyond:

The Parliament Square Picnickers Present

Beating the Bounds

Sunday 4th December 1pm

As part of our ongoing defiance of the Serious Organised Crime and Police Act (2005) which outlaws protests without police permission and places harsh restrictions on any organised event within 1 km of parliament, we will march and mark the edge of the Democracy Free Zone (DFZ), following the medieval tradition of marking the boundaries of private land by beating landmarks with sticks. These include Shell House, the BA London Eye, Lambeth Palace and Scotland Yard.

Meet in Trafalgar Square beside Nelson’s Column at 1pm. For those who wish to do half the route meet at Lambeth Palace at approximately 2pm, where refreshments will be served in a very civilized fashion. We strongly urge anyone who feels that these laws infringe upon their human rights and freedom of speech to come along and show support.

It's your Parliament, and it's your Square, so be there!

For more information go to
www.peopleincommon.org

Technically the boundary of the Designated Area is the outermost extent of the pavement along the streets mentioned in the Designated Area Order, so there is no actual need to physically "beat", for example, the Security Service MI5 building or the Metropolitan Police HQ at New Scotland Yard, or Downing Street which may well have intimidating armed guards patrolling outside them, the "Bounds" are on the opposite side of the roadway from these buildings:

Continue reading "Beating the Bounds of the SOCPA Designated Area - Sunday 4th December 2005, 1pm" »

November 14, 2005

Greenpeace block Downing Street with piles of coal

It appears that Greenpeace have again taken some "direct action" protests within the Designated Area, this time by dumping heaps of coal at the entrances to Downing Street, according to The Guardian report, to protest about global energy policies, greenhouse gas emmissions etc.

Greenpeace report of their protest:

"Greenpeace volunteers blockaded three entrances to Downing Street as Tony Blair rows back on his commitment to the Kyoto Protocol. In a series of statements in recent weeks the Prime Minister has cast doubt on his long-term support for the global agreement, while British emissions of carbon-dioxide have risen since he came to power.

At 7.30am a truck emblazoned with the slogan 'Blair - Climate Failure' arrived at the Horse Guard's Road entrance to Mr Blair's residence. Greenpeace representatives informed police officers what they were about to do before the vehicle tipped several tonnes of coal in front of the gates. Simultaneously 50 Greenpeace volunteers emptied sacks of the polluting fuel across the King Charles Street entrance and the access point on Horse Guards parade. A tipper truck with 14 tonnes of coal, emblazoned with the slogan 'Things Can Only Get Wetter' which was destined for the Whitehall entrance was stopped by police"

No reports of any arrests under SOCPA.

Is the SOCPA law being applied more leniently towards Greenpeace protestors than to other demonstrators ?

It is inconceivable that if Greenpeace had applied for prior permission to do this, they would not have had conditions imposed on them which prevented this sort of "block the entance to a Government building" protest. This is their their second such protest within the Designated Area within a month, having previously blocked the entrance to DEFRA with illegally logged plywood.

How did a 14 tonne tipper truck blithely drive up to the gates of Downing Street, avoiding all the supposed anti-truck bomb measures ?

October 14, 2005

Second Standing Committee on Delegated Legislation debate on the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 is now available online

Wednesday's debate by the Second Standing Committee on Delegated Legislation regarding the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 is now available online.

The actual list of Members of Parliament who attended the Committee varies slightly from that which was published earlier:

The Committee consisted of the following Members:

Chris Mole (Lab - Ipswich) and Anne Snelgrove (Lab - South Swindon) appeared to substitute for Anne Cryer (Lab - Keighley - member of the Home Affairs Select Committee) and Dennis Macshane (Lab - Rotherham)

Chris Mole was the person who seemed to be objecting most to any loudspeakers disturbing his Parliament Square facing office, but he did not make out any case for banning them throughout the huge Designated Area.

Our previous report about who exactly voted for and against was wrong:

AYES

Cohen, Harry
Goggins, Paul
Mole, Chris
Pound, Stephen
Prosser, Gwyn
Ryan, Joan
Snelgrove, Anne
Stoate, Dr. Howard

NOES

Carmichael, Mr. Alistair
Garnier, Mr. Edward
Heath, Mr. David
Herbert, Mr. Nick
Jackson, Mr. Stewart
Jones, Mr. David
Prisk, Mr. Mark

Question accordingly agreed to.

Resolved,

That the Committee has considered the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 (S.I. 2005, No. 1537).

i.e. Harry Cohen (Lab - Leyton & Wanstead) did join the List of Shame and did vote with the the rest of his Labour colleagues for this disproportionate legislation.

Therefore only Mr. Robert N. Wareing (Lab - Liverpool, West Derby) had his concience troubled enough by this repressive legislation to abstain from voting.

October 12, 2005

Standing Committee on Delegated Legislation approves the Statutory Instrument setting out the Designated Area around Parliament, by 8 votes to 7.

The Standing Committee for Delegated Legislation met on Wednesday afternoon to discuss the Designated Area Statutory Instrument.

Unfortunately this Committee could, as with all such SI's only vote to Reject or Accept the Statutory Instrument as a whole, and not to amend it.

Accordingly, despite some convincing points by the Liberal Democrat David Heath, and the Conservative Edward Garnier, and even from Harry Cohen and Robert Wareing on the Labour side, when it came to a vote, the SI was approved by 8 votes to 7.

We will link to the Hansard account of the debate when it becomes available online. (now available online)

Continue reading "Standing Committee on Delegated Legislation approves the Statutory Instrument setting out the Designated Area around Parliament, by 8 votes to 7." »

October 7, 2005

Members of the Standing Committee on Delegated Legislation - who will be debating the SOCPA Designated Area Order this Wednesday 12th October 2005

Here is the list of the Members of Parliament who will be debating the controversial Designated Area Order, on this coming Wednesday 12th October 2005, at 2.30pm Committee Room 9 in the Palace of Westminster.

The Statutory Instrument which they will hopefully debate and amend sets out the overlarge area in the vicinity of Parliament Square, including, incredibly, the London Eye etc. on the other bank of the River Thames, where demonstrations, free speech and freedom of assembly are curtailed.

The Public are admitted to this meeting, on a first come first served basis, as are press and media reporters.

The Parliament Committees recorded announcement phone number - 0207 219 2033 which gives information for the next two working days, should also be consulted in case there is a last minute change of location.

Hopefully some people will be able to attend this meeting, even if it is just to buttonhole the journalists

You need at least 15 minutes beforehand to get through the security checks in the Palace of Westminster, and to walk from the public entrance to the Committee Room Corridor (right through Central Lobby to the river side of the building, then right and upstairs.

It might be possible to send a submission to the Committee as a whole, care of the Chairman.

Please contact these MPs , if you happen to be a constituent (they will ignore you otherwise):

Even if this Committee cannot repeal the Designated Area Order, they might be able to reduce its size considerably, but only if there are 3 or 4 Labour MPs (out of 10) who rebel.

Continue reading "Members of the Standing Committee on Delegated Legislation - who will be debating the SOCPA Designated Area Order this Wednesday 12th October 2005" »

October 3, 2005

Critical Mass monthly cycle rides under threat from the Serious Organised Crime and Police Act

It appears that participants in the the long established monthly London Critical Mass cycle rides, which have been happening on the last Friday of the month, every month for at least the last 10 years, are now being threatened with the Serious Organised Crime and Police Act Designated Area powers.

An email correspondent writes:

Continue reading "Critical Mass monthly cycle rides under threat from the Serious Organised Crime and Police Act" »

September 18, 2005

5 more arrests in Parliament Square - but were they under SOCPA ?

rikki has posted a report about Sunday 18th September's arrests in Parliament Square in a posting on the Indymedia UK website (which too often seems to suffer from technical and legal "collateral damage").

Were these arrests under the Serious Organised Crime and Police Act 2005, or were they under other Police powers ?

"more arrests at parliament square under soca law today rikki | 18.09.2005 19:29 | Indymedia | London

five people were arrested late this afternoon for defying the ban on 'unauthorised protest' in parliament square under the new serious organised crime act legislation which became effective at the start of august this year

this afternoon's pro-democracy demonstration started well, with a small crowd sporting banners with many varied slogans contesting the draconian ban on protest in parliament square. armed with lists of bye-laws, protesters urged police to arrest people on all sorts of archaic and bizarre grounds, but without success. it seemed there was no quota for this afternoon!

later on, the crowd decided to move on to the south bank where preparations are underway for this evening's 'festival of light' public festival and procession attended by ken livingstone. although still in the 'designated area' the group was told by officers from lambeth police that they could carry on and so they demonstrated and informed people about the law in the area near the london eye. at one point private security guards tried to stop them, but as the police had basically given permission, they gave up a bit confused."

The Designated Area apparently comes under the jurisdiction of 3 different bits of the Metropolitan Police - most of it is under Westminster Borough Operational Command Unit (usually Charing Cross Police Station), the London Eye etc. South Bank of the Thames is under Lambeth Borough Operational Cammand Unit (probably Kennington Police Station), and then there is the Palace of Westminster Divsion (SO17).

Map of the Designated Area

"it was apparent once again that most people were unaware of this anti-democratic legislation, and many expressed surprise and disgust when they were informed.

some of the group decided to return to parliament square, and while attempting to hang a banner round churchill's neck they came to the attention of the police once again, and this time there were five arrests. it is not known whether soca legislation was used or whether other laws relating to the banner drop were used. the arrested are being held at charing cross police station this evening."

Surely that was a tactical mistake ? Posing in front of the statue of Sir Winston Churchill for press and media photos with banners is one thing, but foolishly draping or attempting to drape banners on the statue itself, was bound to be seen as "conspiracy to cause criminal damage" in the "reasonable opinion or belief" of the Police.

"meanwhile one or two protesters are still roaming the crowds at the south bank informing the crowds of this law, and hoping to both take part in the procession and to meet up with red (haha) ken as he does his customary walkabout.

to date, there have been 12 prior arrests under the new legislation and some of those waiting for charges on police bail are under condition not to return to parliament square. this condition is likely to be challenged in the courts, as of course will the whole law be if charges are finally brought.

there are ongoing protests, picnics and discussion groups at parliament square every sunday from noon, and you are all urged and welcome to attend - you can decide for yourself what level of challenge you wish to make to the law and thus whether to personally risk arrest, but at present it seems safe to simply go there and chat and picnic as police seem to be under political control and are simply targetting organisers and arresting quotas as instructed.

rikki"

If these arrests were under the Serious Organised Crime and Police Act 2005, and none of the people involved have been arrested more than once, there could now be 17 people facing criminal charges, since 1st August 2005, for demonstrating peacefully about the curtailment of the right of free assembly, freedom of speech and freedom to protest or demonstrate peacefully.

September 10, 2005

Wednesday 12th October, 2.30pm, Committee Room 9 - Delegated Legislation Standing Committee debate on the SOCPA Designated Area

The House of Commons Weekly Bulletin:

"Wednesday 12th October 2nd DLSC
Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 (S.I., 2005, No. 1537),
2.30pm, Room 9"

DLSC = Delegated Legislation Standing Committee

"The Committee debates the instrument for a maximum of 90 minutes and reports that it has considered it."

Parliament reconvenes on Monday 10th October.

Please write to your Members of Parliament now, to see if they, or their parliamentary colleagues can debate the disproportionate extent of the Designated Area, and the badly draughted Serious Organised Crime and Police Act 2005 sections 132 to 138.

The morning and lunchtime of Wednesday 12th October would be an appropriate time to lobby your Members of Parliament in person, at the House of Commons, i.e. within the controversial Designated Area, which includes "any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission"

This obviously includes the public lobby areas and Committee Rooms of the Palace of Westminster.

You should remind Members of Parliament that it is intolerable for there to be any legal restrictions, such as the requirement to get written permission in advance from the Police, before members of the public can lobby their Members of Parliament, in person at the House of Commons, in the traditional and time honoured way.

August 17, 2005

Remembrance Sunday, wearing a Red Poppy and the Designated Area forbidding demonstrations without prior written permission in Whitehall and near the Cenotaph War Memorial

The 60th anniversary ceremonies commemorating the end of World War 2, will make this year's Remembrance Sunday on November 13th particularly important.

However, is wearing a Royal British Legion Red Poppy before, during or after the annual Remembrance Sunday demonstrations and ceremonies, within the Designated Area i.e. Whitehall and the Cenotaph War Memorial, without individual prior written permission, now illegal ?

Even if the Commissioner of Police for the Metropolis, actually wanted to exempt everyone who was wearing a Red Poppy from having to apply for prior written permission, there is no legal mechanism for him to do so. He must automatically grant such permission once it has been applied for in writing, and may choose not to apply any further conditions, but he has no discretion under the Act as it has been enacted.

It is impossible for anyone to argue that the whole purpose of the Centaph War Memorial, to demonstrate solidarity and remembrance with the victims and participants of various wars, the wreath laying ceremonies, the purchase and wearing of Royal British Legion Red Poppies, the "two minute silence" etc. are not an "organised demonstration". Therefore these activities within the Designated Area must fall foul of the Act, even though they are entirely traditional, peaceful and highly laudable.

Surely there must be equality before the Law, and it must be equally and fairly applied to everyone ?

Will the Metropolitan Police enforce the law against the Members of Parliament, the members of the Royal Family, VIPs and other dignatories who attend the Cenotaph ceremonies on November 13th ?

Surely the Government must repeal this stupid law before such a shameful national disgrace is allowed to happen ?

Continue reading "Remembrance Sunday, wearing a Red Poppy and the Designated Area forbidding demonstrations without prior written permission in Whitehall and near the Cenotaph War Memorial" »

July 29, 2005

More legal details about the Brian Haw's Judicial Review

The Press Association has a few more of the legal details concerning Brian Haw's Judicial Review in the High Court of the controversial Serious Organised Crime and Police Act 2005 Designated Area around Parliament and beyond.

Continue reading "More legal details about the Brian Haw's Judicial Review" »

Brian Haw wins his legal loophole case and can continue to protest in Parliament Square - but the restrictions still apply to everybody else

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 battle

A 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.

July 15, 2005

House of Lords questions and answers on the Designated Area

Some questions, and a few dubious answers from the Government, were fortcoming on Thursday 14th July 2005, in the
Grand Committee report to the House of Lords about the Serious Organised Crime and Police Act (Designated Area) Order 2005

Continue reading "House of Lords questions and answers on the Designated Area" »

Home Office Map of the Designated Area around Parliament Square

The Home Office have now published, on an obscure part of their website, a Map of the Designated Area outlined in the Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 within which Demonstrations, even by a single person in "any public place" are now restricted.

Section_132-7boundary.gif - click on this thumbnail for a larger version of the Map

Click on the Map image for a larger version.

July 6, 2005

Designated Area

The current Designated Area is set out in The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005

"The provisions relating to the procedure for giving notice of a demonstration and obtaining an authorisation come into force on 1st July 2005. The remaining provisions will come into force on 1st August 2005."

Continue reading "Designated Area" »