Further supplementary memorandum by the
Minister of State (Ev 80)
Clarifying queries from the Joint Committee
about byelaws to deal with encampments and injunctions to tackle
noise from loudspeakers.
BYELAWS
I understand that the Greater London Authority
used the Trafalgar Square and Parliament Square Garden Byelaws
2000 to remove a number of tents from Parliament Square Garden
in August 2007. It is a breach of the byelaws to camp, or erect
or cause to be erected any structure, tent or enclosure without
written permission. These byelaws do not extend to the pavement
currently occupied by Mr Haw, which is under the control of Westminster
City Council.
There are also provisions to deal with obstructions
of the highway. Under section 137 of the Highways Act 1980, if
a person without lawful authority or excuse in any way wilfully
obstructs the free passage along a highway, he is guilty of an
offence.
Westminster City Council's claim in 2002 for
an injunction to remove Brian Haw's display of banners from the
pavement opposite Carriage Gates was dismissed on the basis that
his use of the highway was not unreasonable in the circumstances,
having regard in particular to his right to freedom of expression
under Article 10 of the ECHR. However, the courts will account
for the duration, place, purpose and effect of obstructions and
may well take a different view in relation to a protest obstructing
a pavement or road somewhere else.
I believe it is more appropriate to deal with
issue of encampments by ensuring that there are sufficient byelaws
in place, rather than addressing the issue through primary legislation.
In their oral evidence, Westminster City Council indicated that
there was scope for further discussion with the Greater London
Authority as to their responsibilities for managing the piece
of pavement opposite Carriage Gates.
INJUNCTIONS TO
TACKLE NOISE
FROM LOUDSPEAKERS
The injunction to which I referred was granted
to the University of Oxford by the High Court in 2006 to protect
staff, current and former students, and all contractors working
for the University from intimidation, harassment, and potential
violence from animal rights activists. Among other things, the
order imposes restrictions on the use of megaphones, klaxons,
sirens, drums, whistles and other noise amplification devices
within the exclusion zone (the area where protestors are prohibited
from entering except for permitted demonstrations) and bans all
noise amplification devices within the exclusion zone along certain
roads.
Rt Hon Tony McNulty MP
July 2008
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