Source · Select Committees · Human Rights (Joint Committee)
Recommendation 19
19
Rejected
We recognise that the wearing of masks at protests can be intimidating, and that concealing...
Conclusion
We recognise that the wearing of masks at protests can be intimidating, and that concealing identity can be used as a method of evading criminal responsibility. Nevertheless, the law must provide adequate protection against the unjustified criminalisation of peaceful protesters. (Conclusion, Paragraph 132)
Government Response Summary
The government acknowledges the right to peaceful protest but defends the new measures against face coverings, stating they are necessary to address the use of masks to evade criminal responsibility during disorderly protests and will be exercised proportionately.
Government Response
Rejected
HM Government
Rejected
The right to peaceful protest is a fundamental part of our democratic society. It is a long- standing tradition in this country that people are free to gather and to demonstrate their views, provided that they do so within the law. However, the right to peacefully protest does not extend to behaviour that is violent or causes harassment, alarm or distress to others. Recently there has been a pressing operational and social need for this measure as demonstrated by the range of disorderly conduct witnessed at certain protests in England and Wales in recent years. This has included, on a number of occasions, protestors using face coverings to conceal their identity as a means of evading conviction for criminal offences committed during protests. The existing police powers (in section 60AA of the Criminal Justice and Public Order Act 1994) to require the removal of such face coverings are not effective in preventing this, because individuals may follow the direction of an officer to remove their face covering, but then move to a new area and put the face covering back on. The concealing identity at protests measure does not seek to change what constitutes a peaceful protest. Rather, this equips the police with additional, necessary powers to manage protest activities that pose a risk of criminal behaviour. The Government is clear that these powers must be exercised in a way that is proportionate and consistent with individual rights to freedom of expression and peaceful assembly. The intent is not to restrict lawful protest, but to ensure that the police are able to respond effectively when there may be a risk of criminality. Whilst we recognise the general principle of the right to privacy, including the right to participate anonymously in peaceful protest, this is a qualified right. The Government considers that it may be lawfully limited where necessary and proportionate in pursuit of legitimate aims such as public safety and the prevention of crime.