Source · Select Committees · Human Rights (Joint Committee)
Recommendation 21
21
Accepted
We recognise that protests have the potential to intimidate and interfere with the right to...
Conclusion
We recognise that protests have the potential to intimidate and interfere with the right to manifest one’s religion through worship. However, the right to protest peacefully must also be respected. We agree with evidence we 58 received that it is important that the right balance is struck between these rights, which means that not all claims of intimidation can trump protest arrangements. (Conclusion, Paragraph 146)
Government Response Summary
The government agrees on the importance of balancing the right to protest with the right to practice religion, stating that Clause 124 of the Bill is designed to achieve this balance by preventing undue intimidation near places of worship, consistent with ECHR.
Government Response
Accepted
HM Government
Accepted
The Government agrees that both the right to protest and the right to practice one’s religion are fundamental rights protected under the ECHR. Clause 124 of the Bill does not place freedom of religion above the right to protest. Instead, it seeks to balance both rights by ensuring that protests do not unduly intimidate or prevent individuals from accessing places of worship. As the Committee notes in paragraphs 139 and 140 of its report, existing powers under sections 12 and 14 of the Public Order Act 1986 enable the police to impose conditions on public processions and public assemblies. This applies where there is a reasonable belief that the event may result in serious public disorder, serious damage to property, serious disruption to the life of the community, or where the purpose of the protest is to intimidate others. These thresholds are appropriately high and reflect the need to balance the right to protest with the protection of public order and the rights of others. However, the Government considers that these existing powers do not adequately address situations where the collective or indirect effect of a protest near a place of worship may deter individuals from attending religious services or performing religious observances, even if the protest does not involve physical obstruction or an intent to intimidate. Clause 124 therefore introduces a targeted and proportionate power to impose conditions where a senior officer reasonably believes that a public procession or assembly in the vicinity of a place of worship may intimidate persons of reasonable firmness and deter them from engaging in religious activities. This measure is not intended to suppress protest or elevate religious rights above protest rights. Rather, it ensures that freedom of religion under Article 9 and freedom of expression and assembly under Articles 10 and 11, can be exercised meaningfully and without undue interference. The test remains one of reasonable belief, grounded in the specific circumstances of the protest. It is for the police to exercise their operational independence and discretion in applying it. The Government believes this measure provides legal clarity and ensures that the police can act to protect access to places of worship in a manner that is consistent with the Human Rights Act 1998 and proportionate to the legitimate aim of safeguarding religious freedom.