Boris Johnson’s government has been accused by of creating a “hostile environment” for peaceful protesters following a fresh attempt to crack down on disruptive demonstrations.
MPs and peers on the Joint Committee on Human Rights said new powers outlined in the draft Public Order Bill would have a “chilling effect” on people seeking to exercise their democratic right to protest.
The bill was drawn up in response to what ministers say is the unacceptable disruption caused by climate change activists in groups such as Extinction Rebellion and Insulate Britain.
However, the committee said they go too far and “risk creating a hostile environment for peaceful protesters” – warning they threaten fundamental freedoms guaranteed in the European Convention on Human Rights (ECHR).
The proposed moves by ministers include a new offence of “locking on” for protesters who attach themselves to something so they cannot be removed – with a maximum sentence of up to one year prison.
However, the joint committee said that it could penalise demonstrators who simply link arms with each other and should be changed.
MPs and peers also said measures relating to the obstruction of major transport works covered actions that were not intended to cause significant disruption. They also warned that measures aimed at protecting key national infrastructure covered things that are neither key nor national.
The proposed serious disruption prevention orders could prevent people being able to exercise their rights to protest, the joint committee said, and represented a “disproportionate response” to the disruption which may result.
It expressed particular concern about the extension of stop and search powers, allowing police to carry out searches without reasonable grounds for suspicion – saying previously such measures had only been used in response to serious violence and terrorism.
“This latest raft of measures is likely to have a chilling effect on the right to protest in England and Wales,” the committee said.
“While the stated intention behind the bill is to strengthen police powers to tackle dangerous and highly disruptive protest tactics, its measures go beyond this, to the extent that we believe they pose an unacceptable threat to the fundamental right to engage in peaceful protest.”
The latest government measures follow on from the Police, Crime, Sentencing and Courts Act 2022, which the committee had previously criticised for threatening the right to protest.
Acting committee chair Joanna Cherry said: “The law must strike a careful balance between the right to protest and the prevention of disruption to the wider population.”
The SNP MP added: “This requires a nuanced approach, yet in reaction to what it perceives as overly disruptive protests the government has decided to take a blunderbuss to the problem.”
