repeal SOCPA - repeal laws to restrict protest and free assembly

a website for information about initiatives to repeal the severe restrictions on freedom to protest contained in the Serious Organised Crime and Police Act 2005

The Serious Organised Crime and Police Act 2005

The Serious Organised Crime and Police Act contains a number of measures that have severely restricted our freedom to protest near Parliament and a range of other 'sensitive' sites.

In the 'designated area' around Parliament: in order to hold a demonstration near Parliament the law says that 6 days notice must be given to the Metropolitan Commissioner (or 24 hours if 6 days was not 'reasonably practicable'). He must then allow the demonstration but may impose conditions upon it. The conditions can be changed without notice on the day by any senior police officer. One of the considerations is 'disruption to the life of the community' - a catch-all category that allows the police to stop almost any protest (processions organised under the Public Order Act 1986 are exempt). Loudspeakers are banned except for use by those in various positions of authority.

A person guilty of an offence 'is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.' An amendment to SOCPA brought in under the Serious Crime Act 2007 will also make a person 'intentionally encouraging or assisting an offence' liable to the same penalties.See Legislation for more details.

In 'designated sites' (around named military bases and government and royal properties): it is now a criminal offence to trespass on a 'designated site'. A site may be designated by the Home Secretary if it is Crown land, is 'land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity' or 'it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security' - another catch-all category.

A person guilty of an offence 'is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.' See Legislation for more details.

The legislation

Sections 128-138 of SOCPA which relate to restrictions on protest at 'designated sites' (military bases and a range of government and royal sites) and in the 'designated area' around Parliament.

The Statutory Instrument that defines the 'designated area' around Parliament in which it is illegal to protest without police permission

The Statutory Instrument that defines 'designated sites' around military bases in which trespass is a criminal offence

The Statutory Instrument that defines the 'designated sites' around government and royal buildings in which trespass is a criminal offence

View a map of the 'designated area' within which it is illegal to protest without police permission around Parliament.

Amendment to Section 136 of SOCPA made in the Serious Crime Act 2007 which makes 'intentionally encouraging or assisting an offence' under Sections 132 of SOCPA (protesting with police authorisation in the vicinity of Parliament) liable to imprisonment for up to 51 weeks, to a fine up to £2500 or to both. See implications of this.

Draft Constitutional Renewal Bill 2008, part 1 on 'Demonstrations in the Vicinity of Parliament' sets out the repeal of sections 132-138 of SOCPA and deletes reference to SOCPA under the Serious Crime Act 2007 (paragraph 64) - see above. See documents of the Joint Committee on the Draft Consitutional Renewal Bill discussing issues relating to the repeal and whether other measures should be put in place instead of sections 132-138 of SOCPA.

Parliamentary proceedings

Related to SOCPA legislation going through Parliament 2003-05 (reverse order)

Oct 2005: The House of Commons Standing Committee on Delegated Legislation	This cross party committee considered the 'designated area' drawn up by the Home Office - SOCPA's critics lost only by a narrow margin.

Lords debate on 5 April/6 April 05 See what Lords said for good quotes.	Although amendments were put forward in the Lords, only the government's own went through - allowing a 24 hour notice period if a 6 day notice period was not 'reasonably practicable'.

Second reading of the Bill in the Lords, March 2005

Commons debate on 7 Feb 05. See here if your MP voted with the Government in favour of this legislation (a number of so-called 'radical' MPs voted 'aye'). See what MPs said for good quotes. See some analysis on the Government's dirty tricks to get this Bill through.	During this debate the Government put forward its own amendments to the Bill, over-riding any amendments by MPs which were aimed at lessening its impact. The amendments totally rewrote the legislation relating to 'behaviour in the vicinity of Parliament' (as the Government realised the original draft was completely unworkable) so that 6 days notice of a demonstration would have to be given to the Metropolitan Commissioner, who would be able to say whether a demo should go ahead or not and, if it was allowed, put severe restrictions on it. The restrictions could be changed without notice on the day by any senior police officer. One of the considerations is 'disruption to the life of the community' - a catch-all category that could allow the Commissioner to stop almost any protest (processions organised under the Public Order Act 1986 are exempt). Loudspeakers are banned except for use by those in various positions of authority. The 'designated area' around Parliament to which these restrictions could apply remains 1km.

Commons committee looks at the Bill, January 2005.	This committee considered the first draft of the bill which would have made it an offence if a person was "hindering any person from entering or leaving the Palace of Westminster", "hindering the proper operation of Parliament", or "spoiling the visual aspect, or otherwise spoiling the enjoyment by members of the public, of any part of the designated area." The designated area could be up to 1km from Parliament Square. The Committee raised a number of objections to the substance and aims of these clauses and also pointed out the ludicrous position that would occur if any single police officer was responsible for determining if an activity around Parliament was spoiling the view.

The Government's Response to the Committee's Third Report of Session 2002-03, May 2004. A response to the Select Committee on Procedure - see below.	In a consultation document called 'Modernising Police Powers to Meet Community Needs' (August 2004) the Home Office introduced the ideas of creating a new offence of harassment aimed at stopping protest outside people's homes and banning or controlling protest outside Parliament.

Select Committee on Procedure report in 2003 on Sessional Orders and Resolutions -	or....how to deal with Brian Haw's protest!

Public Demonstrations (Repeals) Bill [HL 12] 2006

In November 2006, The Liberal Democrat Peer, Baroness Susan Miller introduced a Private Members Bill in the House of Lords. The Bill sought to repeal sections 128 to 131 of the Serious Organised Crime and Police Act 2005 (which criminalises trespass on ‘designated sites’ around military bases); sections 132 to 138 of SOCPA (banning unauthorised demonstrations in the vicinity of Parliament); and section 12 of the Terrorism Act 2006 (c.11) (trespassing etc on nuclear sites). It would also have revoked the Orders made by the Home Secretary relating to the definition of these ‘designated areas’ and ‘designated sites’. See the Bill.

On 26 January 2007, the Bill got a second reading in the House of Lords. There was a very interesting debate which brought out many of the issues relating to why the restrictions on protest under SOCPA need to be repealed. See the debate.

Draft Constitutional Renewal Bill 2008

In July 2007, Gordon Brown made a speech to the Commons in which he accepted the need to change the restrictions on protest around Parliament under SOCPA - "And while balancing the need for public order with the right to public dissent, I think it right - in consultation with the metropolitan police, Parliament, the Mayor of London, Westminster city council and civil liberties groups - to change the laws that now restrict the right to demonstrate in Parliament Square."

In October 2007, the Home Office published a consultation document on 'Managing Protests Around Parliament'.

On 25 March 2008 the Home Office published its analysis of the public consultation 'The Governance of Britain – Analysis of Consultations', the White Paper, 'The Governance of Britain – Constitutional Renewal' and the draft Constitutional Renewal Bill which sets out a wider programme related to the Governance of Britain of which the repeal of Sections 132-138 of SOCPA are a part. See here for analysis of the repeal announcement.

See the House of Commons debate and the House of Lords debate when the Constitutional Renewal Bill was introduced.

May 2008 - the Joint Committee on the Draft Consitutional Renewal Bill issues Call for Evidence, deadline 12 June 2008. See analysis.

“Freedom does not die in one blow, it dies by inches in public legislation.”

Lord Strathclyde (Con) 15/11/06