Public consultation on repealing the ban on unauthorised protest in the vicinity of Parliament - the results

See 'the law' for the history of the SOCPA legislation
See here for campaigning information for responding to the consultation

On 25 March 2008 the Home Office published a number of documents related to sections 132-138 SOCPA:

1. The Home Office analysis of the public consultation on 'Managing Protests Around Parliament': 'The Governance of Britain – Analysis of Consultations'

2. The Government's White Paper 'The Governance of Britain – Constitutional Renewal' which summarises the results of the consultation and 'the way forward' i.e. repeal of the restrictions on protest in sections 132-138 SOCPA.

Very importantly, the White Paper also notes in point 26 that "Given the strength of feeling in responses to the consultation document on potential restrictions on legitimate protest, and in the absence of greater evidence of a policing problem, the Government will not pursue harmonisation of the sorts of conditions that can be placed on marches and assemblies in the Public Order Act 1986." The large response to the consultation has given the Government an important message - that any 'harmonisation' of the kind suggested in the Government's consultation document, which would inevitably lead to more police powers to control protest, would be completely unacceptable.

In discussing 'the way forward', the White Paper asks in point 29 "whether additional provision is needed for the purpose of keeping passages leading to the House free and open while the House is sitting, or to ensure that, for example, excessive noise is not used to disrupt the workings of Parliament" and suggests, in point 28, that there will be further discussions in Parliament about what "additional provision" might be.

So, while the repeal of the restrictions on protest around Parliament contained in SOCPA is on the cards, restrictions could creep back in as the Constitutional Renewal legislation goes through Parliament or they could be contained within other legislation.

See the relevant text from the White Paper below.

3. The draft repeal legislation in the Constitutional Renewal Bill which sets out the full repeal of sections 132-138 of SOCPA and deletes reference to SOCPA under the Serious Crime Act 2007 (paragraph 64). 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.

The repeal of Sections 132-138 of SOCPA are part of a wider programme related to the Governance of Britain.

See a selection of responses to the consultation on restrictions on demonstrating near Parliament - some critical and some seeking more repression.

From the White Paper 'The Governance of Britain – Constitutional Renewal'

Managing Protest around Parliament

16. The right to peaceful protest has long been an important part of our liberties and an essential component of a healthy democracy. It is the Government’s role to uphold and reinforce these liberties.

17. The Governance of Britain Green Paper committed the Government to consult widely on provisions on protests around Parliament with a view to ensuring that people’s right to protest is not subject to unnecessary restrictions and with a presumption in favour of the freedom of expression.

18. It is because of the strong views expressed in reaction to the current provisions covering demonstrations around Parliament, and the perception that they have undermined the right to demonstrate peacefully, that the Government decided the time was right to review them.With this in mind, the Government sought to put consideration of the provisions relating to Parliament Square in the context of the law governing protests in the rest of the country, as set out in the Public Order Act 1986.

19. The Government subsequently published the consultation document Managing Protest around Parliament (CM 7235) on 25 October 2007, which sought views on whether there remains a sufficiently strong case for a distinct legislative framework to apply to the policing of demonstrations around Parliament.

20. In response to concerns raised previously by the Metropolitan Police Service about the practicalities of policing marches and assemblies, the consultation document also considered harmonisation of the sorts of conditions that can be applied to marches and assemblies in the Public Order Act 1986.

Summary of consultation responses

21. The Government received 512 responses to the consultation document including responses from Members of Parliament, Peers, campaign groups, the Metropolitan Police, but mostly from members of the public.The Government’s analysis of the consultation responses is set out in full in The Governance of Britain – Analysis of Consultations (CM 7324 – 3). Key messages arising from the consultation are set out below.

22. The clear view from respondents was that the current provisions covering demonstrations in the vicinity of Parliament which are set out in sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (SOCAP) should be repealed. There was an equally clear view from respondents that there should be no harmonisation of the provisions covering marches and assemblies.

23. The majority of respondents saw no need either on security grounds, or on the grounds that the business of Parliament needs protection, for special provisions for demonstrations around Parliament to continue.

24. Many respondents strongly expressed the view that the current provisions in sections 132 to 138 of the Serious Organised Crime and Police Act, and in particular the requirement to have authority for a demonstration in advance, had restricted spontaneous protest in the area around Parliament. Many members of the public commented on the special nature of the area around Parliament, as a focal point for political protest – and that nowhere was the right to protest and voice one’s views more important than at the seat of Parliament itself.

The Way Forward

25. The Government has considered the arguments on how best to balance competing rights in the context of a dynamic security situation and proposes to repeal sections 132-138 of the Serious Organised Crime and Police Act 2005.

26. Given the strength of feeling in responses to the consultation document on potential restrictions on legitimate protest, and in the absence of greater evidence of a policing problem, the Government will not pursue harmonisation of the sorts of conditions that can be placed on marches and assemblies in the Public Order Act 1986.

27. In moving to repeal sections 132-138 of the Serious Organised Crime and Police Act, the Government nonetheless takes seriously the need to ensure that the operation of Parliament is safeguarded. For many years this principle has been given expression in sessional orders which provided the Metropolitan Police with clarity on the House’s expectations on the Commissioner.

28. The Government believes that Parliament itself is well placed to contribute to proper consideration of what needs to be secured in order to ensure that Members are able freely and without hindrance to discharge their roles and responsibilities.

29. The Government therefore invites the views of Parliament on whether additional provision is needed for the purpose of keeping passages leading to the House free and open while the House is sitting, or to ensure that, for example, excessive noise is not used to disrupt the workings of Parliament.

30. The Government reiterates the commitment behind our consultation on managing protests around Parliament to ensure that people’s right to protest is not subject to unnecessary restrictions.

31. Clauses to reflect these proposals can be found in the draft Constitutional Renewal Bill (CM 7342-2).