European human rights commissioner urges MPs and peers not to back protest curbs
A Bill that could place time and noise limits on protests may have a “significant impact” on freedom of expression as it stands, according to Europe’s human rights commissioner.
Dunja Mijatovic, the Council of Europe’s human rights tsar, has written to urge MPs and peers not to approve measures in the Police, Crime, Sentencing and Courts Bill – which she said could be interpreted as trying to “introduce restrictions on peaceful demonstrations”.
The draft legislation is due to go through its remaining stages in the House of Commons on Monday before being considered by the Lords.
If the controversial Bill clears Parliament, time and noise limits could be imposed as a result of the measures and those convicted could face a fine or jail.
The commissioner, in a two-page letter to Speakers of both the Commons and the Lords, has urged UK parliamentarians not to approve elements of the legislation relating to changes to protests.
The Bosnian politician said that since taking up her post in 2018 with the 47-nation Council of Europe – of which the UK remains a member despite exiting the European Union – there had been growing attempts to “minimise the possibility of dissent” among member states.
In her letter to Sir Lindsay Hoyle and Lord McFall, the Strasbourg-based official added: “I have increasingly had to address instances in which Council of Europe member states have tried to introduce restrictions on peaceful demonstrations, often implicitly driven by the desire of governments to minimise the possibility of dissent.
“I am seriously concerned that, if the above-mentioned provisions were to be adopted, the UK would add to this worrying trend.
“In the light of this, I call on the members of both Houses not to accept provisions of the Bill that would add further restrictions on peaceful demonstrations.”
Demonstrations, which have used the slogan “Kill the Bill”, have been held in cities around England in response to the legislation, amid fears that it would curtail the right to protest, with police given new powers to shut down demonstrations over noise concerns.
The Joint Committee on Human Rights (JCHR) published a report last month raising concerns about the proposals, in which it calls for some clauses to be completely removed.
Ms Mijatovic’s letter will heap international pressure, as well as domestic, on Boris Johnson’s administration to water down the measures.
In her letter, the former London School of Economics student also raised concerns over the impact the Bill could have on Gypsy, Roma and Traveller communities – a complaint also made by MPs and peers on the Joint Committee.
The commissioner said the Bill would expand enforcement measures, allowing authorities to place bans on returning to land for extended periods and permitting the seizure of property, which “may even include the vehicles in which community members live.
“While the Government can legitimately pursue actions to prevent public disorder, crime or nuisance, these should be clearly circumscribed, and any measures taken in this respect should be proportionate and non-discriminatory,” she said.
“I am not convinced that this is the case for the new provisions proposed in the Bill, including in view of their far-reaching consequences, especially as I have been informed that powers to deal with such issues are already available.
“From this perspective, the provisions in the Bill, in my view, raise serious questions about their compatibility with the UK’s obligations under international human rights standards.”
