Moved by
Lord Dubs
293: Before Clause 55, insert the following new Clause—
“The right to protest
(1) The Public Order Act 1986 Part II (Processions and Assemblies) is amended as follows.
(2) Before section 11 insert—
The right to protest
(1) Everyone has the right to engage in peaceful protest, both alone and with others.
(2) Public authorities have a duty to—
(a) respect the right to protest;
(b) protect the right to protest; and
(c) facilitate the right to protest.
(3) A public authority may only interfere with the right to protest, including by placing restrictions upon its exercise, when it is necessary and proportionate to do so to—
(a) protect national security or public safety,
(b) prevent disorder or crime, or
(c) protect public health, or the rights and freedoms of others.
(4) For the purposes of this section “public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (acts of public authorities).””
Member’s explanatory statement
This amendment would introduce an express statutory right to protest, imposing both negative and positive obligations on public authorities while recognising that the right to protest may need to be limited to protect other legitimate public interests.