Recommendation 22

HM Government Rejected

As the Committee notes in paragraph 143 of its report, clause 114 introduces a power for the police to impose conditions on protests near places of worship where it is reasonably believed that the public procession or assembly may intimidate persons of reasonable firmness and deter them from engaging in religious activities. The Government understands the Committee intend that raising the threshold from “may intimidate” to “would intimidate” would reduce the risk of overuse of police powers and better protect both the right to protest and the right to worship. The Government believes this measure does not grant the police excessive powers but instead clarifies and strengthens their existing ability to apply conditions under sections 12 and 14 of the Public Order Act 1986 where legal thresholds are met. It does not ban protests or prioritise freedom of religion over the right to protest. Instead, it seeks to balance both rights by preventing protests from unduly intimidating or deterring individuals from accessing places of worship to engage in religious activities. The intent is not to limit rights to freedom of assembly and expression through protest, but to provide proportionate measures that ensure religious observance can take place free from intimidation. The management of demonstrations is an operational matter for the police, and decisions on the use of powers are made by senior officers independent from government, based on their assessment of the specific circumstances. The police are not obliged to use all available powers in every situation. They are expected to exercise professional judgement, informed by operational experience. Accordingly, the Government considers that the current wording of “may intimidate” is appropriate and proportionate. Raising the threshold to “would intimidate” could unduly limit the ability of the police to respond to emerging risks and safeguard both the right to worship and the right to protest in practice.