‘It’s time to take a stand. We’re suing Braverman over her anti-protest law’
by Katy Watts
The home secretary confirmed just how little this government cares about the UK’s long-established democratic systems when in June she overrode Parliament to sneak in even more anti-protest powers that had already been voted down months earlier.
What she did is unlawful, and the High Court has just given us permission to take her to court.
A year ago, people were asked how much they trust the UK government – and the results were stark. Just one in three said they had faith in those in power and only one in five trusted political parties.
In the 12 months since then the government has continued to dismantle our rights and make it harder for all of us to hold it to account. The cruel and inhumane Illegal Migration Act is making it harder for people to seek refuge, voter ID has created barriers to voting, and anti-strike legislation and a raft of new anti-protest laws are stopping people from standing up for their rights. It is getting harder and harder for ordinary people to keep this government – and future governments – in check.
On 14 June, secondary legislation – a way to bring a new law in without having to create a whole new bill – was signed, changing the threshold in the Public Order Act for police intervention at a protest. Whereas before police could only get involved if protests caused ‘serious disruption’ to the community, now they can step in when they deem there to be ‘more than minor disruption’. The change gives the police almost unlimited powers to shut down protests due to the vagueness of the new language.
It’s an assault on our rights.
The new powers overrule the will of Parliament, who voted against this exact change to the Public Order Act when it was put in front of them in April. This in itself is unlawful for being an unjustified interference with the principle of Parliamentary sovereignty, and in a report published on 9 May, a House of Lords committee said it was “not aware of any examples of this approach being taken in the past…”.
The move was also an alarming overreach of the home secretary’s power. In fact, we don’t think she had the power to introduce the new measures at all.
The UK’s democracy is built on the delicate yet vital constitutional principle of the separation of powers – which means the government and Parliament are intertwined but distinct. The government rules, but it’s Parliament that makes law. While Parliament can grant the government power to make law using tools like secondary legislation, this is normally used for technical details – not to overrule decisions Parliament has already made.
In this instance, Parliament didn’t give Braverman the power to change the law in the way she did – and wouldn’t have given her permission to circumvent its will. In this way her actions violate the separation of powers and undermine our democracy in the process.
What’s more, the new legislation wasn’t consulted on fairly, as is required by law. The government only invited in parties it knew would agree with the proposals, like the police, but didn’t ask groups who might have raised concerns.
All this has come at an already fragile time for the UK’s democracy. A report in August highlighted how it’s getting harder for charities and civil society groups to hold the government to account, while earlier this year the UK was downgraded in a global index of freedoms for the government’s hostile approach to protest.
When the Public Order Act passed into law in April, the UN condemned it as “incompatible with the UK’s international human rights obligations regarding people’s rights to freedom of expression, peaceful assembly and association”. By changing the threshold for police intervention, the home secretary has made the act even more damaging still.
But Braverman’s actions haven’t happened in a vacuum. This government has made a habit of rolling out measures which make it harder for everyone to hold it to account – whether that’s in Parliament, in court or on the streets.
That’s why our legal action against the home secretary is so important. It’s time to take a stand and stop this government ripping up the rule book in the interest of its own agenda.
We're a small non-profit journalism outfit, not funded by dark money or lucrative sponsorship, so we depend on regular donations from our readers to pay journalists fair wages, provide our team with the tools and security they need and hire the experts to help us uncover the truth.
Please support independent non-profit journalism by donating today.
This is the daily email from openDemocracy – one complete story each weekday sent directly to your inbox. If this has been forwarded to you, hello! 👋 You can sign up here.
If you like this email, you might be interested in our other lists:
John Bellamy Comments:
Gay men have fought for legal status for a long time. Long gone are the days of being thrown into jail just for being homosexual / or even just different. BUT the way things are going in the USA, Russia, Poland, Hungary and scores of other countries that have put in place draconian laws concerning the LGBT communities that take the laws of equality away and downgrade LGBT as paedophiles, groomers, abusers and where we have this ( unknown to anyone I know ) gay agenda, and with more countries damning and destroying LGBT, we here in the UK had better not sit back on our laurels as anything we have fought hard to acquire can be taken away just as quickly - just look at what is happening in the USA with drag queens being banned as groomers - thousands of books being banned that teach about black / LGBT / history and white privilege and where even the Anne Frank Diaries are banned because some silly housewife complains it talks sexual stuff that sexualizes children - and this nonsense is running wild amongst the fearful ignorant who believe this manipulative clap trap. When laws are out in place to limit - When laws are used against the people -
When laws are used to protect an evil and wrong ideology
Then we must make a stand.
BLOG HOME PAGE
copyright © 2023
Hamilton Hall Productions.
All rights reserved.
TO BE DELETED FROM OUR SYSTEM
Return this e mail with
Our mailing address is
Hamilton Hall Hotel
1 Carysfort Road