During a protest – whether against badger culls, the high-speed rail line HS2 out of Euston (pictured: September 2020, protesters in a crane beside the station, prompting the closure of the mainline station’s taxi rank below) to name two – the balance between the right to protest and the rights of everyone else not to be disrupted by such protest may tip too readily in favour of protesters; when – as is often the case – the police do not accurately assess the level of disruption caused, or likely to be caused, by a protest. So say official inspectors.
In April and October 2019, the anti-climate change movement Extinction Rebellion brought some of London to a stand-still. In spring 2020 as part of Black Lives Matter protests, demonstrators pulled down a statue of slave trader Edward Colston in Bristol city centre.
Her Majesty’s Inspector of Constabulary Matt Parr said: “The right to gather and express our views is fundamental to our democracy. But this is not an absolute right. The police need to strike the correct balance between the rights of protesters and the rights of others, such as local residents and businesses.
“We found that the police too often do not find the balance between protecting the rights of the protesters and preventing excessive disruption to daily life, which even peaceful protest can sometimes cause.
“We concluded that, with some qualifications, changes to the law would improve police effectiveness, and that the legislation could be framed in a way that is compatible with human rights.
“There will remain a considerable public interest in ensuring that a fair balance is struck. We have made recommendations and identified areas for improvement which are designed to help the police get the balance right.”
In September, the Home Secretary commissioned Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) to inspect how effectively police services in England and Wales manage public protests. The inspectors spoke to ten police forces in England and Wales with recent experience of policing protests, and saw a demonstration of police specialist cutting equipment; and consulted others, including protest groups and the public. For the 161-page report visit https://www.justiceinspectorates.gov.uk/.
More in the May print edition of Professional Security magazine.
Comment
Avon and Somerset Police Chief Constable Andy Marsh said: “I welcome this fair and measured report into our policing response to the Black Lives Matter protest, which resulted in the toppling of the Colston statue; an event which captured the world’s attention at a time of intense debate about ongoing racial injustice in society.
“The report recognises the toppling of the statue was not a spontaneous act and protestors had brought ropes to the location to carry out this act. There was no intelligence or indication to suggest this was going to take place ahead of the protest and the statue was brought down in the space of less than two minutes, giving us no time to respond.
“The inspectorate recognises many of the criticisms levelled at the response of our officers and staff have been unfair and that once the statue had been toppled, the situation would have been inflamed had we take action to stop it being rolled into the harbour, creating the potential for serious disorder and injury.
“One criticism regularly levelled at our force is why we allowed the protest to go ahead in the first place during a pandemic. It’s important to remember that when this event was held, an exemption was included within the national COVID-19 restrictions which permitted demonstrations to take place under specified circumstances.
“Our officers and staff undergo rigorous training to deal with the full range public order incidents and we have a proud history of facilitating and managing protests with fairness, legitimacy and proportionality at the heart of our policing operations.
“I whole-heartedly believe the command team made the right decisions on the day in extremely unique circumstances in the best interests of the communities we’re honoured to serve.”
