First and foremost, it is important to note that the independent Law Commission has been calling for a reform of the law on public order for many years now. However, I understand the concerns raised about the proposed powers in relation to public protests. Freedom of assembly and freedom of expression are vital rights that I wholeheartedly support, and I can reassure you that the Government is clear that the right of an individual to express their opinion and protest is a cornerstone of our democratic society.
We need to strike a balance between the rights of a protester and those of individuals to go about their daily business. Some demonstrations have caused unjustifiable disruption and distress to other citizens. The Police, Crime, Sentencing and Courts (PCSC) Bill aims to enhance the police’s ability to manage protests, to allow essential services to continue unabated and to ensure that the day-to-day lives of the overwhelming majority are not disrupted by a selfish minority.
I understand that concerns have been raised regarding provisions in the Bill related to Parliament Square, in particular that it would block the Greater London Authority (GLA) from authorising assemblies in the garden if they risk blocking vehicular access to the Parliamentary Estate. I would like to take this opportunity to reassure you that this is not the case.
The GLAs by-laws for Parliament Square Garden require that written permission is granted for certain acts to be conducted in the garden; organising or taking part in an assembly is one of those acts. Government reforms, through the PCSC Bill, will mean that the GLA could not permit an assembly in Parliament Square Garden if its stated and primary aim is to obstruct vehicular passage in and out of Parliament. Nothing in the proposed changes will mean that permission could not still be granted for any other assembly, even if that risks some individuals in attendance obstructing vehicles entering and exiting Parliament.
This will protect the right of access to the Parliamentary Estate for MPs, Peers and others with business there, as recommended by the Joint Committee on Human Rights (JCHR) in their 2020 report titled ‘Democracy, freedom of expression and freedom of association: Threats to MPs’.
I am aware that amendments were tabled to the PCSC Bill in the House of Lords to protect Parliament Square as a place of protest. Although well meaning, I must stress my own disappointment. The JCHR has made it clear that protecting access to Parliament is crucial in ensuring that our democracy can function effectively, and the measures already contained in the Bill would have given effect to this recommendation.