The Serious Organised Crime and Police Act 2005 (SOCPA) put in place laws to establish the Serious Organised Crime Agency amongst other things. Thrown into the pot and receiving little public attention at the time was a series of measures placing severe restrictions on freedom to protest in England and Wales. It is these controversial restrictions on freedom of association that people from all parts of British society wish to see repealed.

Shortly after Gordon Brown became Prime Minister in 2007 he announced that the restrictions on protest around Parliament need to be changed. A government consultation has taken place and two parliamentary committees have recommended the law be changed but there is still no repeal of Section 132 of SOCPA! Meanwhile other SOCPA restrictions on protest are likely to remain in place although there are also calls for them to be amended.

see more on the SOCPA legislation that restricts protest
see more on repealing the SOCPA legislation

Recent news

14 May 2009: Emergency legislation proposed to restrict protests in Parliament Square - again!
"The proposals have been drawn up by parliament speaker, Michael Martin with consultation from Westminster Council, the Home Office, City Hall and the Metropolitan Police....Proposals were drawn up during an emergency meeting to give police the power to move people on from the square and to make it illegal for demonstrators to camp out overnight....Westminster Council hopes the legislation can be passed before parliamentary recess in June. It would affect all protesters including veteran peace campaigner Brian Haw....Westminster Council is also prepared to hand over ownership of the pavements surrounding the green to the Greater London Authority (GLA) - making any protest camp on the sidewalk illegal." Read the full article

Looks like Parliament are using the Tamil situation as an opportunity to clamp down on Brian Haw and break out of the SOCPA impasse. Judging from what happens around Trafalgar Square, If the streets around Parliament fall into the ownership of the GLA, no-one will be able to protest without their permission. WATCH THIS SPACE for updates.

22 April 2009: Joint Committee on Human Rights reopens Policing and Protest inquiry "In the light of recent high profile events, including the G20 protests in the City of London, the Tamil protests in Parliament Square and the arrests at the Iona independent school in Sneinton, Nottingham, the Committee has decided to hold an oral evidence session on 12 May to follow up on its Report." more details. See information on the JCHR report on policing and protest from 23 March 2009.

21 April: 2009: Home Affairs Committee Inquiry into Policing of G20 protests more details

20 April 2009: The Government responds to the JHRC report on policing and protest A very short initial response but states that the Government "remains committed to the repeal of sections 132-138 of Serious Organised Crime and Police Act 2005 governing protest around Parliament". see details

16 April 2009: HMIC to review public order policing tactics in the light of G20 protests more detail

31 March 2009: Lord Tyler (Lib Dem) introduced his Constitutional Renewal Bill as a Private Members Bill as a 'wake up call' to reintroduce the reforms contained in the Government's Constitutional Renewal Bill, including repeal of the ban on unauthorised protest around Parliament. see more

23 March 2009: Joint Committee on Human Rights calls for repeal of legislation restricting protest around Parliament
The JCHR has published the findings of its inquiry on 'Policing and Protest'. Amongst a number of legal and operational changes which the committee identified to address a range of 'concerns' over the way protests are policed, the report calls for the repeal of sections 132-138 of SOCPA which restrict protest around Parliament.

However, the report also calls for additional police powers under s14 of the Public Order Act around Parliament and suggests that a 'designated area' of up to 300 metres from Parliament, specified by the Secretary of State, would be acceptable even though this would extend well beyond Parliament Square and beyond Downing Street. The report also suggests a limited amendment to s128 SOCPA relating to criminal trespass at designated sites. The Committee announced their intention to table amendments to the Policing and Crime Bill to prompt debate and 'bring forward the necessary reform' of SOCPA relating to protest around Parliament.

See more on the report's recommendations relating to SOCPA and other laws and practices restricting freedom of assembly and speech

From the report: "In addition to its positive duty, the state is required not to restrict protests unless it is justified as being both necessary and proportionate to do so in pursuance of a legitimate aim: this is a high threshold. Whilst protests may be disruptive or inconvenient, the presumption should be in favour of protests taking place without state interference, unless compelling evidence can be provided of legitimate reasons for any restrictions and those restrictions go no further than is strictly necessary to achieve their aim."

26 February 2009: Liberal Democrats launch a Freedom Bill
which 'calls on the government to repeal the tide of legislation that has stripped away our rights'
The Freedom Bill would repeal legislation in 20 areas where liberties have been eroded including The Right to Protest, The Right to Public Assembly and Criminalising Trespass. See more on the Freedom Bill Read article on Liberty Central

January 2009: The Government is yet to respond to the Draft Constitutional Renewal Committee's report. No repeal of s132 of SOCPA in sight.
Vernon Coaker (Minister of State (Policing, Crime & Security) stated that "The Ministry of Justice is co-ordinating the Government's response to the report of the Joint Committee on the draft Constitutional Renewal Bill. We continue to give careful consideration to the recommendations on protests around Parliament which are set out in the Joint Committee's report and a full response will be published ahead of the Constitutional Renewal Bill's introduction to Parliament.

The Government are keen to give a substantial response to the Joint Committee but this has meant resolving all outstanding policy issues before the Bill is introduced. We recognise that there has been a long period since the publication of the report, but believe it is better to respond fully to the committee's recommendations on all aspects of the draft Bill. We intend to respond as early as possible in 2009."

December 2008: The Queen's Speech does not mention the Constitutional Renewal Bill in the government's programme of legislation for the Parliamentary year.

July 2008: Parliamentary Committee recommends new protest laws around Parliament instead of SOCPA
The Draft Constitutional Renewal Bill report recommends the repeal of sections 132-138 of SOCPA but also that "further work needs to be done to create a framework to ensure the police have adequate powers." Read the Draft Constitutional Renewal Bill report

9 Jan 08: Parliamentarians from across the political parties teamed up with Walter Wolfgang, Mark Thomas and Mark Wallinger among others to hand in a petition as a response to the Government's consultation on the controversial law banning unauthorised protest near Parliament. Organised by Repeal SOCPA. See press release, reports and see film.

“The Serious Organised Crime and Police Act is a very good example of unscrutinised, ill considered and under-discussed legislation ... civilians with no criminal intent ... have suffered receiving a criminal offence simply because they have expressed their views within 1 kilometre of the Houses of Parliament.”
Baroness Williams (Lib Dem) 26/01/07

“When I pass protestors every day at Downing Street, and believe me, you name it, they protest against it, I may not like what they call me, but I thank God they can. That's called freedom."
Tony Blair 7/04/2002. Three years later his government introduced the SOCPA restrictions on protest.