"Put protesting on the same footing as communal worship," says committee
19 March 2021
The Joint Committee on Human Rights has urged the Government to put the right to protest in England during the lockdown on the same footing as the right to picket and the right to take part in communal worship.
- Read the report: The Government response to covid-19: freedom of assembly and the right to protest [HTML]
- Read the report: The Government response to covid-19: freedom of assembly and the right to protest [PDF, 392 KB]
- Joint Committee on Human Rights
In the report, The Government response to covid-19: freedom of assembly and the right to protest, the Joint Committee calls on the Government to bring forward regulations to amend the law to make it clear that protest is permitted if conducted in a manner that reduces public health risks to an acceptable level. The report includes draft legislation which would have this affect.
Gathering to protest is not, and never has been, completely illegal during the pandemic—even under lockdown. The Government provided a general prohibition on gatherings coupled with a list of lawful exceptions. Under the current lockdown, the exceptions do not include protest.
Nevertheless, the right to protest safely has to be accommodated within the general defence of 'reasonable excuse' to ensure that the law is compatible with the Human Rights Act 1998 and the right to peaceful assembly under Article 11 of the European Convention of Human Rights.
This 'confusing ambiguity' in the regulations governing gatherings has been the position in all three lockdowns over the past year, says the Report, leaving the public unsure of their rights and at risk of arbitrary or discriminatory decision-making.
Ambiguous or confusing law presents a challenge to those who are required to enforce it and could lead to interferences with human rights that do not have a proper basis in law.
The Committee has published draft Regulations that would guarantee the right to protest in public outdoor places, if done safely, by putting protest on the same footing under lockdown restrictions as picketing and communal worship.
Under lockdown, as long as the 'required precautions' are in place, people may gather for communal worship in England, in line with the human right to freedom of religion under Article 9 of the ECHR.
An exception to the ban on gathering also exists where the gathering is for the purposes of picketing as long as the organiser takes the 'required precautions.'
The Chair of the Joint Committee on Human Rights, Harriet Harman QC MP, said:
"The law on the right to protest during the pandemic has been a mess and the right to protest has not been protected.
"While the Government has rightly protected the right to assemble for religion, they have not properly protected the right to protest.
"The right to protests should have no less protection than the right to religious assembly. The right to protest is important and should be allowed, like other current exemptions, if it is carried out in a safe way.
"When people have to go to Court to establish whether their actions are lawful or criminal, as has happened most recently in the Reclaim These Streets Clapham vigil, it's clear that the law is in a mess.
"The Joint Committee called for evidence on the human rights consequences of lockdown, including the right to protest, in November last year and heard evidence on protests in February.
"The events of last weekend show clearly how the lack of clarity and level of uncertainty in the law is unacceptable and must be remedied as a matter of urgency.
"This could be done right away as the Joint Committee on Human Rights has drafted the Regulations."