The noble Baroness has only referred to one part of the second condition; there are three tests within the second condition alone. With the extra requirements set out in the second condition, I am satisfied that we have provided sufficient safeguards to ensure that these orders cannot be used to prevent peaceful protests or free speech. It is also worth mentioning that local authorities and the courts—I am sorry to come back to the courts, but we rely on them to make sure that legislation is properly used—must exercise their obligations compatibly with Articles 10 and 11 of the European Convention on Human Rights, which enshrine the rights to freedom of expression and association respectively. They are intrinsic in any matter concerning peaceful public protest or free speech.
That is not to say that public order legislation will not continue to apply; it can still apply. My remarks should therefore not be taken as licence to include threatening or abusive words on a placard, or the bearer of the placard containing that sort of wording could be liable to arrest. There is overriding public order legislation, but the test on a public spaces protection order has to satisfy the notion that it is a behaviour
which is persistent and continuing, is or is likely to be such as to make activities unreasonable and justifies the restrictions imposed by the notice. All three of those have to be part of the second condition, let alone the first. I hope that, with that reassurance, my noble friend will withdraw his amendment.