Crucial intervention by the @HumanRightsCtte on the right to protest, human rights and the lockdown. New report just published

Basically, says that the legal position in relation to protest is too unclear and must amended urgently.

committees.parliament.uk/publications/5…

(short thread)
(I should point out that although I am specialist advisor to this inquiry I had no part in this report - as it happens my year long post ends today)
The Committee makes the important point that the regulations are very unclear as to how powers of enforcement can be used against protest (this point was not addressed in the Dolan case but does raise the possibility the regulations are not compatible with Article 11)
I would go further than "very clear risk"
"Somewhat concerning" indeed!
This is a really important point:

"the precise lines between legal and illegal protest remain obscure."

Unacceptable in a democracy and also under Articles 10 and 11 which require the law to be sufficiently clear so people know what is and isn't permitted
Government communication around protest has been inconsistent and unclear
"nine out of ten officers felt the regulations were not clear"
This gets to the heart of the issue - many people have been dissuaded from protesting during the pandemic due to unclear law and communications around it.
Crucial point from @SeethingMead

We should not have to rely on going to court to have our rights upheld. The protection of rights should be equal for all, not simply... to those political campaigners who are legally trained, or who have access to such advice"
Important points about the policing of the @ReclaimTS vigil
The @HumanRightsCtte recommend that the government make clear that all protest is not prohibited and re-introduce the protest exception to the rules (notwithstanding that it is not itself well drafted or wide enough)

I agree with all of that

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More from @AdamWagner1

19 Mar
Mr Justice Holgate's judgment in the @ReclaimTS Judicial Review interim hearing from last Friday has been published.

Paragraph 24 is key and couldn't be clearer.

Any police force with a policy which bans all protest would be acting unlawfully

judiciary.uk/wp-content/upl…
The Metropolitan Police statement does not reflect the judgment
The Mayor of London's statement is even worse
Read 4 tweets
19 Mar
This is just wrong - legally. Protest has not been banned in total under the current lockdown. See the judgment of Mr Justice Holgate in the @ReclaimTS case from last Friday. Should be published this afternoon
Here is the judgment - just published. I suggest @SadiqKhan and the @metpoliceuk read paragraph 20 (Mr Thomas was the barrister for the Met Police

crimeline.co.uk/wp-content/upl…
Also paragraph 17

"He also submits, correctly, that it is inappropriate to treat the 2020 Regulations as if they give rise to a blanket prohibition on gatherings for protest"
Read 6 tweets
16 Mar
Judgment out: Elliott's appeal against HS2 allowed on sentence, halved from 6 to 3 months (suspended) because judge's starting point was too high and did not properly take into account the "Cuadrilla discount" for people engaged in civil disobedience bailii.org/ew/cases/EWCA/… Image
Heather Williams Q.C. of @DoughtyStPublic led me, instructed by Nicola Hall @RobertLizarLaw.

Disappointed other grounds (boundaries & knowledge of order) refused but important Court of Appeal cemented principle that non-violent protesters treated more leniently in sentencing.
Also credit to @Kirsty_Brimelow (leading me and Richard Brigden) for establishing the "Cuadrilla principle" in that other important Court of Appeal case from last year - including a quote from John Rawls who I think was the philosopher who led me into law bailii.org/ew/cases/EWCA/… Image
Read 6 tweets
16 Mar
About to talk to Sky News about the right to protest
Part 1
Part 2
Read 4 tweets
13 Mar
Some thoughts.

The right to protest is the lifeblood of democracy.

During this deadly pandemic, every aspect of our social lives has been affected, and it is right that a deadly infectious virus will make us protest differently, as it makes us work and socialise differently.
But.

Protest has never been explicitly banned by Parliament, even during the lockdown.

The problem is that police forces have behaved as if it is has.

It is unacceptable that police have exercised this kind of authority without explicit authorisation from Parliament.
The police cannot be the gatekeepers of our rights to protest. They are not fit for that task for many reasons.
Read 13 tweets
12 Mar
Have to log out but this is the point:

At 3pm today every police force in England was saying protest could never be lawful under Covid regs.

The position now, because of the ruling, is protest can in principle be lawful and it is up to the police to assess the proportionality
The only reason judge didn't make declaration we wanted (that the right to protest has to be part of every decision made by police re protest) is the police conceded the point just before the hearing, contrary to their policy which we had and also their statements to our clients.
Absolutely amazing effort by @ReclaimTS - we are lucky to have such amazing publicly minded women in our society.

Legal team @TomRHickman @PippaWoodrow @jpormerod John Halford, Theodora Middleton @BindmansLLP put together case in 24 hours.

Will have a big impact, trust me
Read 5 tweets

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