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Lord Marks of Henley-on-Thames (LD)

Speaking in the House of Lords on 9 March 2026

Debate

Crime and Policing Bill

Contribution

My Lords, I will be very brief in explaining why I do not propose to withdraw my amendment. First, our amendment would introduce a dynamic right, with a duty on local authorities and public authorities to respect, protect and facilitate the right to protest. Secondly, of course the margin of appreciation is indeed an international concept, but this Government are planning to legislate on the application of Article 8, and they may be right to do so, but we need to have proper concern about future legislation within the context of the margin of appreciation. Thirdly, I am not suggesting for a moment that we can entrench legislation. The noble Lord, Lord Faulks, is absolutely right to say that Parliament cannot bind its successors. However, we can, by legislation, make it unattractive to reverse a public duty to support the right to protest. Finally, nothing I have said undermines the balancing of rights between the right to protest and the rights and freedoms of others; but the right to protest is at the heart of our democracy. If the Conservatives are not going to support us on this, so be it: that is very disappointing, but I wish to test the opinion of the House.

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