Proposed policing law will be 'profoundly chilling to free speech', says Congleton MP

By Tom Avery

25th Mar 2021 | Local News

The MP for Congleton has urged the government to revisit controversial protest provisions in a proposed new law, arguing they will have a "profoundly chilling effect on free speech".

MPs debated the government's Police, Crime, Sentencing and Courts Bill, which contains wide-ranging changes to the criminal justice system.

Of particular concern to civil liberties groups are proposals to give police chiefs greater powers to impose conditions on protests, such as setting a start and finish time and setting noise limits.

The laws will also apply to single-person demonstrations, meaning police could feasibly issue up to £2,500 in fines to one peaceful protestor deemed to be too noisy.

During the debate, Fiona Bruce MP said: "Freedom of assembly and of expression are fundamental rights that are hard-fought and hard-won but easily lost or damaged if we legislate in haste."

She raised particular concern about the provisions that would "significantly lower the legal test for the police to issue conditions on protest".

Mrs Bruce added: "The term 'serious unease' is a significant departure, reducing the test for the threshold of harm so as to potentially capture peaceful protest that a claimant considers objectionable."

She claimed solo "street preachers" could be caught up with this provision.

Under the proposals, it will also become a crime to fail to follow instructions that protestors "ought" to have known about. Currently, police need to prove that a protestor intentionally disobeyed an instruction.

Mrs Bruce said: "Concerningly, removing intentionality from the offence of failing to comply with a condition issued by the police on a protest means that the police will be able to enforce the law based on their subjective interpretation of what the alleged offender should have known."

The Congleton constituency MP did not join opposition MP's in voting against the Bill and backed taking it to the next stage.

However, Mrs Bruce did urge the committees and House of Lords to "carefully scrutinise this significant Bill" before it comes back before MPs for a final vote.

     

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