I understand your concerns about the proposed new powers to deal better with protests and thank you outlining your views on this issue.
As I have made very clear, freedom of assembly and freedom of expression are vital rights that I wholeheartedly support, and I can reassure you that the Government is clear that the right of an individual to express their opinion and protest is a cornerstone to our democratic society. The issue at hand relates to the balance between the rights of a protestor and the rights of individuals to go about their daily business. There have been examples where protests have caused unjustifiable disruption and distress to other citizens. For example, some of the scenes we saw from the Extinction Rebellion protests, where ambulances were stopped from reaching hospitals and efforts to prevent the printing of newspapers, were deeply troubling and concerning. Therefore, the measures in the Bill are not about stopping or clamping down on right to protest but ensuring the police can better manage highly disruptive protests and maintain the balance I have outlined.
You are right to ask how protesters’ rights will be protected. It is the case that when using these powers, or existing public order powers, the police must act within the law. Importantly, the police must be able to demonstrate that their use of powers are necessary and proportionate. It is also clear that the police must act compatibly with human rights, in particular Article 10 (freedom of expression) and Article 11 (freedom of association).
I am aware that much has been said regarding the proposed public nuisance offence. As you may be aware, Clause 59 gives effect to recommendations made by the Law Commission in their July 2015 Report on 'Simplification of the Criminal Law: Public Nuisance and Outraging Public Decency'. The report stated that the common law offence of public nuisance should be replaced by a statutory offence covering any conduct which endangers the life, health, property or comfort of a section of the public or obstructs them in the exercise of their rights. You can find the Law Commission report on this issue at the following link - https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2015/06/lc358_public_nuisance.pdf
Importantly, the new statutory offence of public nuisance will cover the same conduct as the existing common law offence of public nuisance.
The setting up of illegal traveller sites can be a nuisance for local communities and an inappropriate development of open space. I know that many local residents across Meon Valley are concerned about anti-social behaviour, fly-tipping, and noise related to unauthorised sites.
After two consultations on this issue, I welcome the fact that as part of the Bill, new laws will be introduced to increase the powers available to the police in England and Wales. The Bill will introduce a new criminal offence where a person resides or intends to reside on any public or private land without permission and has caused, or is likely to cause, significant harm, obstruction, or harassment or distress. In addition, the Bill amends the Criminal Justice and Public Order Act 1994 to broaden the list of harms that can be considered by the police when directing people away from land; and increase the period in which persons directed away from land must not return from three months to 12 months. Amendments to the 1994 Act will in addition allow police to direct trespassers away from land that forms part of a highway.
I can reassure you that the Government has taken steps to ensure that those exercising their rights to enjoy the countryside are not inadvertently impacted by these measures. The Government has made it clear that only a minority of travellers are causing problems, such as through abusive behaviour and extensive litter and waste at illegal sites. The vast majority of the travelling community are decent law-abiding people and we must ensure that there are legal sites available for travellers. As of January 2020, the number of lawful traveller sites increased by 41 per cent from January 2010. The Government has also given £200,000 to support projects working with Gypsy, Traveller and Roma communities to tackle discrimination, improve integration, healthcare and education. I am confident that Government action will help to reduce the number of illegal caravan sites across the country, while respecting people’s right to a nomadic way of life.
I fully understand your strong feelings on this issue and you were right to ensure I was made aware of these. While we may not agree, I hope this response has outlined clearly why I am in favour of the changes in the Police, Crime, Sentencing and Courts Bill relating to the management of protests.
