The Guardian: George Monbiot - Protest is criminalised and the huffers and puffers say nothing

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George Monbiot writing in The Guardian mentions the Serious Organised Crime and Police Act in his round up of some, but astonishingly, not all, of the laws which are being used by officious policemen against peaceful demonstrators and protestors, and not against the terrorists and criminals which they are meant to be used for.

Protest is criminalised and the huffers and puffers say nothing

The police abuse terror and harassment laws to penalise dissent while we insist civil liberties are our gift to the world"

George Monbiot
Tuesday October 4, 2005
The Guardian

'We are trying to fight 21st-century crime - antisocial behaviour, drug dealing, binge drinking, organised crime - with 19th-century methods, as if we still lived in the time of Dickens." Tony Blair, September 27 2005.

"Down poured the wine like oil on blazing fire. And still the riot went on - the debauchery gained its height - glasses were dashed upon the floor by hands that could not carry them to lips, oaths were shouted out by lips which could scarcely form the words to vent them in; drunken losers cursed and roared; some mounted on the tables, waving bottles above their heads and bidding defiance to the rest; some danced, some sang, some tore the cards and raved. Tumult and frenzy reigned supreme ..." Nicholas Nickleby, by Charles Dickens, 1839.

All politicians who seek to justify repressive legislation claim that they are responding to an unprecedented threat to public order. And all politicians who cite such a threat draft measures in response which can just as easily be used against democratic protest. No act has been passed over the past 20 years with the aim of preventing antisocial behaviour, disorderly conduct, trespass, harassment and terrorism that has not also been deployed to criminalise a peaceful public engagement in politics. When Walter Wolfgang was briefly detained by the police after heckling the foreign secretary last week, the public caught a glimpse of something that a few of us have been vainly banging on about for years.

On Friday, six students and graduates of Lancaster University were convicted of aggravated trespass. Their crime was to have entered a lecture theatre and handed out leaflets to the audience. Staff at the university were meeting people from BAE Systems, Rolls-Royce, Shell, the Carlyle Group, GlaxoSmithKline, DuPont, Unilever and Diageo, to learn how to "commercialise university research". The students were hoping to persuade the researchers not to sell their work. They were in the theatre for three minutes. As the judge conceded, they tried neither to intimidate anyone nor to stop the conference from proceeding.

They were prosecuted under the 1994 Criminal Justice Act, passed when Michael Howard was the Conservative home secretary. But the university was able to use it only because Labour amended the act in 2003 to ensure that it could be applied anywhere, rather than just "in the open air".

Had Mr Wolfgang said "nonsense" twice during the foreign secretary's speech, the police could have charged him under the Protection from Harassment Act 1997. Harassment, the act says, "must involve conduct on at least two occasions ... conduct includes speech". Parliament was told that its purpose was to protect women from stalkers, but the first people to be arrested were three peaceful protesters. Since then it has been used by the arms manufacturer EDO to keep demonstrators away from its factory gates, and by Kent police to arrest a woman who sent an executive at a drugs company two polite emails, begging him not to test his products on animals. In 2001 the peace campaigners Lindis Percy and Anni Rainbow were prosecuted for causing "harassment, alarm or distress" to American servicemen at the Menwith Hill military intelligence base in Yorkshire, by standing at the gate holding the Stars and Stripes and a placard reading "George W Bush? Oh dear!" In Hull a protester was arrested under the act for "staring at a building".

Had Mr Wolfgang said "nonsense" to one of the goons who dragged him out of the conference, he could have been charged under section 125 of the Serious Organised Crime and Police Act 2005, which came into force in August. Section 125 added a new definition of harassment to the 1997 act, "a course of conduct ... which involves harassment of two or more persons". What this means is that you need only address someone once to be considered to be harassing them, as long as you have also addressed someone else in the same manner. This provision, in other words, can be used to criminalise any protest anywhere. But when the bill passed through the Commons and the Lords, no member contested or even noticed it.

Section 125 hasn't yet been exercised, but section 132 of the act is already becoming an effective weapon against democracy. This bans people from demonstrating in an area "designated" by the government. One of these areas is the square kilometre around parliament. Since the act came into force, democracy campaigners have been holding a picnic in Parliament Square every Sunday afternoon (see www1.atwiki.com/picnic/). Seventeen people have been arrested so far.

But the law that has proved most useful to the police is the one under which Mr Wolfgang was held: section 44 of the Terrorism Act 2000. This allows them to stop and search people without the need to show that they have "reasonable suspicion" that a criminal offence is being committed. They have used it to put peaceful protesters through hell. At the beginning of 2003, demonstrators against the impending war with Iraq set up a peace camp outside the military base at Fairford in Gloucestershire, from which US B52s would launch their bombing raids. Every day - sometimes several times a day - the protesters were stopped and searched under section 44. The police, according to a parliamentary answer, used the act 995 times, though they knew that no one at the camp was a terrorist. The constant harassment and detention pretty well broke the protesters' resolve. Since then the police have used the same section to pin down demonstrators outside the bomb depot at Welford in Berkshire, at the Atomic Weapons Establishment at Aldermaston, at Menwith Hill and at the annual arms fair in London's Docklands.

The police are also rediscovering the benefits of some of our more venerable instruments. On September 10, Keith Richardson, one of the six students convicted of aggravated trespass on Friday, had his stall in Lancaster city centre confiscated under the 1824 Vagrancy Act. "Every Person wandering abroad and endeavouring by the Exposure of Wounds and Deformities to obtain or gather Alms ... shall be deemed a Rogue and Vagabond... " The act was intended to prevent the veterans of the Napoleonic wars from begging, but the police decided that pictures of the wounds on this man's anti-vivisection leaflets put him on the wrong side of the law. In two recent cases, protesters have been arrested under the 1361 Justices of the Peace Act. So much for Mr Blair's 21st century methods.

What is most remarkable is that until Mr Wolfgang was held, neither parliamentarians nor the press were interested. The pressure group Liberty, the Green party, a couple of alternative comedians, the Indymedia network and the alternative magazine Schnews have been left to defend our civil liberties almost unassisted.

There are few others who deserve an honourable mention, such as the cross party NO2ID Campaign, who have also had 6 people arrested for "conspiracy to commit crimanal damage", even before they got near to the European Union meeting near Newcastle, and who have been been stopped from questioning or leafleting the Government's Biometric Passport and ID Card roadshow, held at various semi-secret shopping centre locations around the country, thereby "outsourcing" the supression of the expression of alternative views to the Government propaganda, to private security guards.



Even after "Wolfie" was thrown out of the conference, public criticism concentrated on the suppression of dissent within the Labour party, rather than the suppression of dissent throughout the country. As the parliamentary opposition falls apart, the extra-parliamentary one is being closed down with hardly a rumble of protest from the huffers and puffers who insist that civil liberties are Britain's gift to the world. Perhaps they're afraid they'll be arrested.

www.monbiot.com

Fear of false arrest now is very real.
Even if you are innocent, it is a harrowing and stressful experience, which involves your being photographed, fingerprinted and having DNA samples taken from you, all of which are retained forever , even if you are never charged with anything, or even if you are found Not Guilty in Court.

The experience of David Mery, who was stopped and searched at a London Tube station, under the Terrorism Act, had his home searched, his computers and other electronic equipment seized, and was then charged with "public nuisance", is chilling. He was not even protesting or demonstrating for or against anything, just going home after work.

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Yes , it is mentioned in the George Monbiot article, and we have a link to it on the right hand side of this blog, and in some previous postings.

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. repeal-SOCPA.info - useful background briefings for the Managing Protest around Parliament public consultation, and model letters to MPs etc.

About this blog

This web blog has been set up as an information resource and discussion area (please be polite in the comments) to help organise resistance to the restrictions on peaceful democratic demonstrations and protests, which have been enacted by law, in a wide Designated Area around Parliament Square in London.

It appears that in order to remove the peace protester Brian Haw, who has now been demonstrating continuously in Parliament Square, day and night, for over 5 6 years, the NuLabour Government have overreacted, and have granted themselves draconian and arbitrary powers, which affect the rights of all individual British citizens to lobby their Members of Parliament, or to walk in a vast Designated Area wearing a "political slogan" T-shirt, badge, rubber wristband etc. without first seeking prior written permission from the Police.

This is an affront to democracy and is not justified even on any spurious "climate of fear" alleged "security" grounds.

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Serious Organised Crime and Police Act 2005

The Serious Organised Crime and Police Act 2005 was rushed through, "on the nod", with minimal debate, during the undemocratic "wash up" process at the end of the last Parliament when the General Election had been called.

The bulk of the Act deals with the setting up of the Serious Organised Crime Agency, but there are also sections such as:

Section 110 Powers of Arrest

From 1st January 2006 this section makes any offence, no matter how minor, into an arrestable offence. Arrests by the police these days can mean taking 10 fingerprints and two palm prints, a DNA tissue sample and processing it into a digital "DNA fingerprint", forcing you to remove any facial coverings, (even those worn for religous purposes) to take photographs of your face etc. All of these items of personal data can then be retained forever, even if you are not charged, or any charges against you are dropped, or if you go to court and are found not guilty.

These new powers are regulated by the new statutory Police and Criminal Evidence Act 1984 (PACE) Code of Practice G (.pdf)

Section 128 Trespass on a Designated Site - e.g. Crown Property or National Security

Sections 132 to 138 Demonstrations in the vicinity of Parliament - the controversial restrictions in detail.

The Public Whip website has details of how the Members of the House of Commons voted on these controversial clauses.

Designated Area

The current Designated Area is set out in: Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005

Read more about the Designated Area in our category archive.

Write to politicians

Write To Them - identify and contact your local councillors, Members of Parliament, devolved Assembly members and Members of the European Parliament

You can also write to the Home Secretary David Blunkett Charles Clarke John Reid Jacqui Smith

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Rt. Hon. Jacqui Smith MP
Home Secretary
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Mass Lone Demonstrations

Comedian Mark Thomas's website has details of Mass Lone Demonstrations which legally show up the absurdity of this law, and the bureaucracy involved in enforcing it. These multiple independent one person demonstrations take place on the third Wednesday of the month, from 5pm - 7.30pm within the Designated Area (often in Parliament Square, but not exclusively so)

Meet on the second Wednesday of each month outside Charing Cross police station (located at Agar Street, London, WC2N 4JP - see the map) any time between: 5.30 pm -7.30pm to hand in your Metropolitan Police SOCPA forms (download the optional Word or PDF forms from the Metroplitan Police) or your own personal Written Applications for Prior Permission.

Regular Protests in Parliament Square

Parliament Square - supporting the long running, 24/7, peace protest by Brian Haw in Parliament Square

Global Women's Strike who held "open mike" loudspeaker protests every Wednesday for over two and a half years, which are now banned.

London Critical Mass - group bicycle ride on the last Friday of every month, for the last 10 years, which often strays into the Designated Area.

The People's Commons Meeting / Tea Party / Picnic-Protest is now meeting every Sunday afternoon starting at 1 for 1.30pm on the Green in Parliament Square. wiki - new website PeopleInCommon.org

Website Links

Home Office - "Not fit for purpose. It is inadequate in terms of its scope, it is inadequate in terms of its information technology, leadership, management, systems and processes" - Home Secretary John Reid. 23rd May 2006.

Metropolitan Police Service

Metropolitan Police Authority - meant democratically to supervise the Metropolitan Police Service

Independent Police Complaints Commission

United Kingdom Parliament - Palace of Westminster, House of Lords, House of Commons etc.

Booking Parliament Square - Greater London Authority booking forms, terms and conditions for filming and photography for Parliament Square - "The GLA does not grant permission for demonstration, rallies and public meetings on Parliament Square Gardens".

They Work For You - a more user friendly version of the House of Commons Hansard

Pledgebank pledge:

"I will form part of a human chain around the Westminster no protest zone but only if 6,000 other people will join in."

Repeal-SOCPA-Info has useful briefing material for the Public Consultation into the laws restricting demonstrations, marches and assemblies, sample letters to MPs etc..

Blog Links

Spy Blog - Privacy and Security and Civil liberties campaigning

Mayor of London Blog - unnofficial comments on the Mayor of London and Greater London Assembly

Fuel Crisis Blog - Petrol at £1 per litre ! Protest !

Bloggerheads graphics of the 1km zone and the actual Designated Area

Charity Sweet - who has been harrassed for reading a copy of the Independent newspaper outside Downing Street etc.

BBC Travel Jam Cams

BBC Radio London has some links to Traffic Monitoring CCTV cameras, which they publish every 5 or 10 minutes, not usually in real time.

Whenever there is an "incident" or a march or demonstration, these online images are deliverately censored i.e. "not available for operational reasons", This is despite the images being of too low a resolution to identify anybody, and, the effect of not diverting traffic away from the incident, which should be the whole point of the online Traffic Cam images in the first place.

Whitehall / Parliament Square - this camera view sometimes shows Brian Haw's peace camp, and the new GLA fence around Parliament Square Gardens. (now removed, for the time being)

Northumberland Avenue / Victoria Embankment

Trafalgar Square (on the edge of the Designated Area)

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