Lord Davies of Gower (Con)

My Lords, I rise to speak in support of Amendment 37B, tabled by my noble friend Lord Murray of Blidworth. The amendment seeks to insert a new clause after Clause 31 to safeguard the right to protest, as protected under Schedule 1 to the Human Rights Act 1998. The amendment makes it clear that nothing in the Bill should be construed as infringing on the right to protest, provided that such protests are conducted peacefully and lawfully, do not incite violence and do not threaten public safety or disrupt essential services. Furthermore, it proposes that any action taken under the Bill that impacts the ability to protest or assemble should be subject to review to ensure that fundamental freedoms are not unduly restricted. The right to protest is a cornerstone of any democratic society and one of the primary means through which individuals and groups can express their views, voice grievances and influence public discourse. Throughout history, peaceful protests have played a transformative role in shaping our society, strengthening democratic governance and securing fundamental rights and freedoms. From the suffragette movement, which fought for women’s right to vote, to more recent demonstrations calling for climate action and social justice, the ability to gather, express dissent and campaign for change has been essential to our democratic values. Indeed, the richness and resilience of British democracy have often been reinforced by the willingness of citizens to stand up and speak out when they see injustice or seek reform. However, the context in which we now consider this amendment is one of heightened security concerns. The Terrorism (Protection of Premises) Bill rightly seeks to enhance public safety by imposing new security obligations on certain premises to protect against the ever-evolving threat of terrorism. As noble Lords will agree, this is a pressing and legitimate concern, and our duty to protect citizens from harm is paramount. Yet, as we pursue this noble objective, we must be vigilant in ensuring that necessary security measures do not inadvertently erode the civil liberties that define us as a free and democratic society. The fight against terrorism must never become an excuse to undermine the very freedoms we seek to protect. Ensuring compatibility with human rights principles is not merely a legal obligation—it is a moral imperative. This amendment provides much-needed clarity. It recognises that, although security is of the utmost importance, it must be balanced with the protection of democratic rights. The conditions it outlines are both reasonable and proportionate. They would ensure that protests remain peaceful, lawful and respectful of public order while preventing unnecessary or heavy-handed restrictions that could stifle legitimate dissent. The provision for review is particularly important. It would ensure accountability and create a safeguard against potential overreach by authorities. This is essential in preserving public trust, especially in the sensitive area of counterterrorism measures. If people perceive that security measures are being used to suppress dissent rather than to protect them, we risk undermining the very co-operation and solidarity needed to combat threats effectively. Critics may argue that the amendment is unnecessary because existing legal frameworks already protect the right to protest. However, clarity within the legislation is crucial to avoid legal ambiguities or unintended consequences. By explicitly affirming the compatibility of this Bill with the right to protest, we would send a strong message that we value security and civil liberties equally and make it clear that security and freedom are not mutually exclusive but must coexist in a healthy democracy. In practical terms, this amendment would also support public co-operation with counterterrorism efforts. When people see that their rights are respected and protected, they are more likely to trust and engage with security measures. Public trust is a critical component of effective counterterrorism strategies. A society that respects the right to peaceful assembly is one where people are more inclined to work with, rather than against, the authorities. To be clear, this amendment would not weaken the Bill’s security provisions, or shield unlawful, violent or disruptive activities. Rather, it reinforces the principle that peaceful and lawful protest should not be treated as a threat to public safety or security. It provides assurance that this important legislation will not inadvertently target the exercise of democratic freedoms. Moreover, we must consider the international dimension. The United Kingdom has long been regarded as a bastion of democracy and human rights. By enshrining protections for the right to protest in this Bill, we would reaffirm our commitment to those values on the global stage and demonstrate that it is possible to confront terrorism without compromising the fundamental freedoms that are the hallmark of a democratic society. This amendment would strengthen the Bill by ensuring that it aligns with the fundamental principles of democracy and human rights. It would send a clear and important message that we can protect our citizens from terrorism without sacrificing the freedoms that define our society. Security measures that respect civil liberties are not only more just but more effective in fostering a cohesive and resilient society. I therefore urge the Government and noble Lords to support it. Let us demonstrate that we are committed to both safeguarding our citizens and upholding the principles that make this nation great. By doing so, we can ensure that our response to terrorism remains not only strong but principled, just and democratic.