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Public Order Act 2023

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Public Order Act 2023
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision for new offences relating to public order; to make provision about stop and search powers; to make provision about the exercise of police functions relating to public order; to make provision about proceedings by the Secretary of State relating to protest-related activities; to make provision about serious disruption prevention orders; and for connected purposes.
Citation2023 c. 15
Introduced byPriti Patel, Secretary of State for the Home Department (Commons)
The Lord Sharpe of Epsom, Parliamentary Under-Secretary of State for the Home Department (Lords)
Territorial extent England and Wales; but provisions amending Acts which extend to Scotland and Northern Ireland extend to those countries
Dates
Royal assent2 May 2023
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Public Order Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Public Order Act 2023 (c. 15), referred to during its passage through Parliament as the public order bill and the anti-protest bill,[1] is an Act of the Parliament of the United Kingdom which gave law enforcement agencies in the United Kingdom greater powers to prevent protest tactics deemed "disruptive" such as those used by climate protestors.[2][3][4][5] It received royal assent on 2 May 2023 by King Charles III.

This bill followed the Police, Crime, Sentencing and Courts Act 2022, which reintroduced measures previously rejected by the House of Lords. As with the previous act, this bill also received criticism in regards to declining civil liberties in the country. The Joint Committee on Human Rights "called for key measures in the legislation to be watered down or scrapped because the laws would have a "chilling effect" on people in England and Wales seeking to exercise their legitimate democratic rights."[6]

Details of the act

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The act introduces new offences for locking on (with 51-week sentences), interfering with key national infrastructure, obstructing major transport works, causing serious disruption by tunnelling, greater stop and search powers to prevent disruptive protests (including without suspicion),[7] and "Serious Disruption Prevention Orders" "which can restrict people's freedom by imposing conditions on repeat offenders".[8][2]

The act is "explicitly targeted at protesters",[9] such as "the current outbreak of climate protests across Britain".[5] The government specifically named the protests of Extinction Rebellion, Just Stop Oil, and Insulate Britain as reasons it is needed.[2][10]

Measures previously rejected by the House of Lords in consideration of the Police, Crime, Sentencing and Courts Act 2022, including banning individuals from protests, were reintroduced.[7]

In January 2023, Prime Minister Rishi Sunak's government had announced plans to amend the Public Order Bill before it becomes law "to broaden the legal definition of 'serious disruption', give police more flexibility, and provide legal clarity on when the new powers could be used."[11]

The act also includes measures to create safe access zones around abortion clinics with a radius of 150 metres, but these provisions are not in force.[12]

Legislative history

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The bill was announced in the Queen's speech on 10 May 2022.[13]

In October 2022, MPs passed the bill by 276 votes to 231. In January 2023, the House of Lords overturned plans to increase police powers to allow them to restrict protests by 254 votes to 240[14][15] and added a clause restricting protests within 150 metres of an abortion clinic. In March, the House of Commons upheld the abortion-related provision, on which the Conservative Party permitted a free vote, by 299 votes to 116. Meanwhile, other amendments made by the House of Lords, including those limiting the powers police officers would be granted under the law, were rejected.[16]

Following a months-long parliamentary ping-pong, conflicts between the two Houses were ultimately resolved on 26 April 2023, when the Lords decided by voice vote not to insist on amendments the Commons disagreed with.[17]

The bill received royal assent by King Charles III on 2 May 2023 and became an act of Parliament.

The sections of the act creating the offences related to locking on as well as interference with key national infrastructure came into force by statutory instrument on 3 May 2023.[18] On 2 July 2023, the sections of the act creating the offences related to tunnelling and obstruction of major transport works came into force, along with the section creating a requirement that police cannot use their powers solely to prevent individuals from observing or reporting on a protest.[19] On 4 April 2024, regulations were made to bring into force the provisions relating to serious disruption prevention orders with effect from 5 April 2024.[20]

Criticism

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In October 2022, the Parliament of the United Kingdom's Joint Committee on Human Rights said:

"it is concerned the offence could encompass demonstrators who simply link arms with each other, and that it should be amended. [...] The committee said measures relating to the obstruction of major transport works covered actions that were not intended to cause significant disruption, while those related to interference with key national infrastructure covered those that were neither "key" nor "national". The proposed serious disruption prevention orders could prevent people being able to exercise their right to protest, the committee said, and represented a "disproportionate response" to any resulting disruption. It also expressed concerns about the extension of stop and search powers, allowing police to carry out searches where there were no reasonable grounds for suspicion."[6]

In November, writing for the Financial Times, formerly Conservative peer Camilla Cavendish called the bill "... an affront to a civilised society".[21] The bill was also criticised by Amnesty International[22] and Volker Türk, the United Nations High Commissioner for Human Rights.[23]

See also

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References

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  1. ^
    • John, Tara; Mendonca, Duarte; Foster, Max (2 May 2023). "Parts of a controversial anti-protest law come into force ahead of King Charles' coronation". CNN. Retrieved 23 October 2023.
    • Allegretti, Aubrey (2 August 2023). "Anti-protest laws and culture wars weakening UK's democracy, finds report". the Guardian. Retrieved 23 October 2023.
    • Robertson, Adam (14 June 2023). "'Shameful' Labour peers abstain from key vote on 'draconian' anti-protest laws". The National. Retrieved 23 October 2023.
    • "New police powers to tackle slow-walking protests". BBC News. 27 April 2023. Retrieved 23 October 2023.
    • Specia, Megan; Bubola, Emma (9 May 2023). "U.K. Police 'Regret' Coronation Protest Arrests After Using New Powers". The New York Times. Retrieved 23 October 2023.
  2. ^ a b c Barradale, Greg (18 October 2022). "The government's anti-protest bill is back. Here's what you might not know about it". The Big Issue.
  3. ^ "Controversial Public Order Bill passed in Westminster". HeraldScotland. 18 October 2022.
  4. ^ Bulbul, Nuray (19 October 2022). "What is the public order bill designed to crack down on 'disruptive' protests?". Evening Standard.
  5. ^ a b "Let the Irish Run the U.K. until the English Can Get This Omnishambles Together". Esquire. 21 October 2022.
  6. ^ a b "Ministers creating 'hostile environment' for protesters, say MPs". The Guardian. 16 June 2022.
  7. ^ a b "Peers called on to kill public order bill targeting climate activists". the Guardian. 1 November 2022. Retrieved 18 December 2022.
  8. ^ "Keir Starmer backs stiff sentences for climate protesters who block roads". The Guardian. 24 October 2022.
  9. ^ "We Interviewed Climate Activists Who Were Jailed for Protest". Vice. 25 October 2022.
  10. ^ Barradale, Greg (1 June 2022). "Public do not support Priti Patel's plans to increase police powers, poll finds". The Big Issue.
  11. ^ James, William (15 January 2023). "UK seeks stronger powers to stop disruptive protests". Reuters.
  12. ^ Campbell, Denis (18 October 2023). "Women still being harassed at abortion clinics despite buffer zone law". The Guardian. London. Retrieved 17 July 2024.
  13. ^ "'Criminalising our right to protest': green groups' anger over public order bill". The Guardian. 10 May 2022.
  14. ^ "Public Order Bill: Peers defeat plans to curb protest disruption". BBC News. 7 February 2023.
  15. ^ "Wednesday briefing: The public order bill that will make dissent a lot more difficult". The Guardian. 26 October 2022.
  16. ^ "MPs reject calls to allow 'silent prayer' in abortion clinic buffer zones". Shropshire Star. 7 March 2023.
  17. ^ "Public Order Bill; Volume 829: debated on Wednesday 26 April 2023". 26 April 2023. Retrieved 17 June 2023.
  18. ^ Statutory Instrument 2023 No. 502 (section 2) Public Order Act 2023 (Commencement No. 1) Regulations 2023
  19. ^ "The Public Order Act 2023 (Commencement No. 1) (England and Wales) Regulations 2023". legislation.gov.uk. The National Archives. Retrieved 2 July 2023.
  20. ^ "The Public Order Act 2023 (Commencement No. 4) (England and Wales) Regulations 2024" (PDF). legislation.gov.uk. Retrieved 4 April 2024.
  21. ^ "Sinister curbs on the freedom to protest are wrong". Financial Times. 4 November 2022. Retrieved 18 December 2022.
  22. ^ "UK: Government plan to push more anti-protest legislation through Lords must be stopped". Amnesty International UK. 7 June 2023. Retrieved 23 October 2023.
  23. ^ "UN rights chief urges UK to reverse 'troubling' Public Order Bill". Reuters. 27 April 2023. Retrieved 23 October 2023.
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