House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

2205

House of Commons

Notices of Amendments

given on

Tuesday 17 May 2011

Consideration of Bill

Protection of Freedoms Bill

Causing harassment, alarm and distress: restriction of scope

Mr Edward Leigh

Mr Tom Watson

Sir Alan Beith

Mr David Davis

Kate Hoey

Tim Farron

Total signatories: 9

Mr Graham Brady

Jim Dobbin

John Pugh

NC1

To move the following Clause:—

‘(1)
The Public Order Act 1986 (c. 64) is amended as follows.

(2)
In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive” in each

case.’.

Freedom of protest on quasi-public land

Tom Watson

NC2

To move the following Clause:—

‘(1)
Any individual or group may—

(a)
demonstrate support for or opposition to the views or actions of any

person or body of persons,

(b)
publicise a cause or campaign, or

(c)
mark or commemorate an event,


on quasi-public land in a reasonable manner, whether in a procession, or as part

of an assembly, or as an individual stand, and whether or not the individual or

group enters with the express or implied permission of the owner or occupier of

the land.

Notices of Amendments: 17 May 2011
2206

Protection of Freedoms Bill, continued

(2)
The right conferred by subsection (1) above cannot be excluded by the owner or

occupier of the land by any means.’.

Advance notice of processions, assemblies, or stands

Tom Watson

NC3

To move the following Clause:—

‘(1)
Written notice shall be given in accordance with this section of any proposal to

hold a procession, assembly, or stand under the Clause [Freedom of protest on

quasi-public land], unless it is not reasonably practicable to give advance notice

of the procession, assembly or stand.

(2)
The notice must specify the date when it is intended to hold the procession,

assembly, or stand, the time when it is intended to start, its proposed route (as the

case may be) location, and the name and address of the person (or one of the

persons) proposing to organise it.

(3)
Notice must be delivered to each of the owners or occupiers of the land whose

location is specified in the notice.

(4)
If delivered not less than 6 clear days before the date when the procession,

assembly, or stand is intended to be held, the notice may be delivered by post by

the recorded delivery service; but Section 7 of the Interpretation Act 1978 (under

which a document sent by post is deemed to have been served when posted and

to have been delivered in the ordinary course of post) does not apply.

(5)
If not delivered in acccordance with subsection (4), the notice must be delivered

by hand not less than 6 clear days before the date when the procession, assembly,

or stand is intended to be held or, if that date is not reasonably practicable, as soon

as delivery is reasonably practicable.’.

Imposing conditions on processions, assemblies, or stands

Tom Watson

NC4

To move the following Clause:—

‘(1)
The owner or occupier of the land specified in the notice may impose such

conditions as to the holding of the procession, assembly, or stand, or, where it is

already taking place, give such directions as to the holding of the procession,

assembly, or stand as are reasonable having regard to all the circumstances of the

case.

(2)
A condition imposed or direction given in accordance with subsection (1) may,

but need not, include conditions or directions as to the time, maximum duration,

manner, route or location of the procession, assembly, or stand, or as to the

maximum number of participants of a procession or assembly.

(3)
A direction or condition given in accordance with subsection (1) above shall,

where reasonably practicable, be given in writing.’.

Notices of Amendments: 17 May 2011
2207

Protection of Freedoms Bill, continued

Referral of disputes to chief officer of police

Tom Watson

NC5

To move the following Clause:—

‘(1)
An organiser of a procession, assembly, or stand who believes that one or more

of the conditions imposed under subsection (1) of the Clause [Imposing

conditions on processions, or assemblies, or stands] is unreasonable may apply

to the chief officer of police of the district in which the land is situated for a

modification of the proposed conditions.

(2)
On receiving an application pursuant to subsection (1) above, the chief officer of

police may—

(a)
make any substitution, variation, or revocation of any of the conditions

complained of; and

(b)
add any new condition as appears to him to be reasonable having regard

to all the circumstances of the case.

(3)
When more than one person is the owner or occupier of the land specified in the

notice and they fail to agree as to the conditions to be imposed under subsection

(1) of the Clause [Imposing conditions on processions, assemblies, or stands]

above within five days of the start of proposed procession, assembly, or stand,

one of them shall apply to the chief officer of police of the district in which the

land is situtated.

(4)
On receipt of an application made pursuant to subsection (3) above, the chief

officer of police may impose any such conditions as appear to him to be

reasonable having regard to all the circumstances of the case.’.

Imposing conditions in cases of possible public disorder

Tom Watson

NC6

To move the following Clause:—

‘(1)
If the senior police officer, having regard to all the circumstances of the

procession, assembly or stand, reasonably believes that—

(a)
it may result in serious public disorder, serious damage to property, or

serious disruption to the life of the community, or

(b)
the purpose of the persons organising or participating in it is the

intimidation of others with a view to compelling them not to do an act

they have a right to do, or to do an act they have a right not to do,


he may give directions imposing on the persons organising or taking part in the

procession, assembly, or stand such conditions as appear to him necessary to

prevent such disorder, damage, disruption or intimidation.

(2)
In subsection (1), “the senior police officer” means—

(a)
in relation to a procession, assembly, or stand being held, or to a

procession or assembly intended to be held in a case where persons are

assembling with a view to taking part in it, the most senior rank of the

police officers present at the scene, and

(b)
in relation to a procession, assembly, or stand intended to be held in a

case where paragraph (a) does not apply, the chief officer of police.

(3)
A direction given by a chief officer of police by virtue of subsection (2) shall be

given in writing.

Notices of Amendments: 17 May 2011
2208

Protection of Freedoms Bill, continued

(4)
A person who organises a procession, assembly, or stand and knowingly fails to

comply with a condition imposed under this section is guilty of an offence, but it

is a defence for him to prove that the failure arose from circumstances beyond his

control.

(5)
A person who takes part in a procession, assembly, or stand and knowingly fails

to comply with a condition imposed under this section is guilty of an offence, but

it is a defence for him to prove that the failure arose from circumstances beyond

his control.

(6)
A person who incites another to commit an offence under subsection (5) is guilty

of an offence.

(7)
A person who is guilty of an offence under subsection (4) is liable on summary

conviction to imprisonment for a term not exceeding 3 months or a fine not

exceeding level 4 on the standard scale or both.

(8)
A person guilty of an offence under subsection (5) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(9)
A person guilty of an offence under subsection (6) is liable on summary

conviction to imprisonment for a term not exceeding 3 months or a fine not

exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of

the Magistrates’ Courts Act 1980 (inciter liable to same penalty as incited).

(10)
In Scotland this section applies only in relation to a procession or assembly being

held, and to a procession or assembly intended to be held in a case where persons

are assembling with a view to taking part in it.’.

Prohibiting processions, assemblies, or stands

Tom Watson

NC7

To move the following Clause:—

‘(1)
If at any time the chief officer of police reasonably believes that, because of

particular circumstances existing in any district or part of a district, the powers in

Clause [Imposing conditions in cases of possible public disorder] will not be

sufficient to prevent the holding of a procession, assembly, or stand in that district

or part from resulting in serious public disorder, he shall apply to the council of

the district for an order prohibiting for such period not exceeding 3 months as

may be specified in the application the holding of all processions, assemblies, or

stands (or of any class of procession, assembly, or stand so specified) in the

district or part concerned.

(2)
On receiving such an application, a council may with the consent of the Secretary

of State make an order either in the terms of the application or with such

modifications as may be approved by the Secretary of State.

(3)
Subsection (1) does not apply in the City of London or the Metropolitan Police

district.

(4)
If at any time the Commissioner of Police for the City of London or the

Commissioner of Police of the Metropolis reasonably believes that, because of

particular circumstances existing in his police area or part of it, the powers in

Clause [Imposing conditions in cases of possible public disorder] will not be

sufficient to prevent the holding of processions, assemblies, or stands in that area

or part from resulting in serious public disorder, he may with the consent of the

Secretary of State make an order prohibiting for such period not exceeding 3

months as may be specified in the order the holding of all processions,

assemblies, or stands (or of any class of procession, assembly, or stand so

specified) in the area or part concerned.

Notices of Amendments: 17 May 2011
2209

Protection of Freedoms Bill, continued

(5)
An order made under this section may be revoked or varied by a subsequent order

made in the same way, that is, in accordance with subsections (1) and (2) or

subsection (4), as the case may be.

(6)
Any order under this section shall, if not made in writing, be recorded in writing

as soon as practicable after being made.

(7)
A person who organises a public procession, the holding of which he knows is

prohibited by virtue of an order under this section, is guilty of an offence.

(8)
A person who takes part in a public procession, the holding of which he knows is

prohibited by virtue of an order under this section, is guilty of an offence.

(9)
A person who incites another to commit an offence under subsection (8) is guilty

of an offence.

(10)
A person guilty of an offence under subsection (7) is liable on summary

conviction to imprisonment for a term not exceeding 3 months or a fine not

exceeding level 4 on the standard scale or both.

(11)
A person guilty of an offence under subsection (8) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(12)
A person guilty of an offence under subsection (9) is liable on summary

conviction to imprisonment for a term not exceeding 3 months or a fine not

exceeding level 4 on the standard scale or both.’.

Interpretation

Tom Watson

NC8

To move the following Clause:—

‘In this part—

“assembly” means an assembly of 2 or more persons in a quasi-public land;

“the City of London” means the City as defined for the purposes of the Act

relating to the City of London police;

“the Metropolitan Police district” means that district as defined in section

76 of the London Government Act 1963;

“procession” means a procession in a quasi-public land;

“quasi-public land” means privately-owned land which is dedicated for

public use;

“stand” means an individual carrying out one of the activities in subsection

(1)(a), (b) or (c) of Clause [Freedom of protest on quasi-public land] and

may be stationary or mobile.’.



© Parliamentary copyright	Revised 18 May 2011