Source · Select Committees · Human Rights (Joint Committee)
Recommendation 17
17
Rejected
Under the Bill, the power to designate an area within which it would be a...
Conclusion
Under the Bill, the power to designate an area within which it would be a criminal offence to conceal one’s identity depends on the police having a reasonable belief that a public procession or assembly “which constitutes a protest” is taking or may take place. There is no definition of “protest” in the Bill, which introduces an element of uncertainty, when the ECHR requires any interference with the right to protest to be accessible and foreseeable. (Conclusion, Paragraph 116)
Government Response Summary
The government rejected the implied recommendation to define "protest," stating it is unnecessary and unhelpful to depart from existing legislation, as the ordinary meaning is clear and its application will be decided by police and courts proportionately.
Government Response
Rejected
HM Government
Rejected
The reference to a “public assembly” and “public procession” to describe the nature of the protest activity aligns with existing public order legislation. Existing legislation also does not define ‘protest’, and the Government is satisfied that it is not necessary or helpful to depart from that approach in this Bill. For example, there is reference to protest without definition in recent legislation, such as in the Public Order Act 1986 (inserted by the Police, Crime, Sentencing and Courts Act 2022), as well as the Public Order Act 2023. The natural, ordinary meaning of ‘protest’ is clear and comprehensible and a bespoke definition risks resulting in an overly narrow or broad approach, and / or impact on the accessibility and meaning of existing legislation. By using the current wording, the police and ultimately the relevant court would decide what constitutes a ‘protest’ on the basis of the facts and circumstances. The concealing identity at protests measure applies within this established framework. The Government expects it to be used proportionately and in context, guided by ECHR rights to freedom of expression and assembly. This ensures that any operational decision to designate a locality impacting ECHR rights is accessible, foreseeable and legally sound.