Member

The Joint Committee on Human Rights has already warned about powers like this, where restrictions follow from assertion rather than demonstrated necessity. Once again, the risk is that enforcement becomes inconsistent, subjective and influenced by the popularity or political content of the protest. Articles 10 and 11 of the European Convention on Human Rights require necessity and proportionality. They also impose positive obligations on the state to enable peaceful protest to take place, not to hollow it out as this clause does. We should protect people from real intimidation—of course we should. We should not undermine the right to protest, though, by legislating on the basis of fear, speculation and guesswork.