Foiled! Lords veto Coalition bid to make being ‘annoying’ an arrestable offence

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The Conservative-led Coalition government has suffered a major setback in its plan for an oppressive law to criminalise any behaviour that may be deemed a nuisance or annoyance.

The Antisocial Behaviour, Crime and Policing Bill was intended to allow police the power to arrest any group in a public place who constables believe may upset someone. It was rejected by 306 votes to 178, after peers on all sides of the House condemned the proposal as one that would eliminate carol-singing and street preaching, bell-ringing and – of course – political protests.

It seems the Lords are more interested than our would-be tyrants in the Conservative and Liberal Democrat Cabinet in the basic assumption of British law – that a person is innocent until proven guilty.

The politics.co.uk website, reporting the government’s defeat, said the new law would have introduced Injunctions to Prevent Nuisance and Annoyance (IPNAs) to replace Anti-Social Behaviour Orders (ASBOs).

It explained: “Whereas an Asbo can only be granted if a person or group is causing or threatening to cause ‘harassment, alarm or distress’ to someone else, an Ipna could be approved merely if a judge believes the behaviour in question is ‘capable of causing nuisance or annoyance to any person’.

“Opinion could have been swayed by a mistake from Lord Faulks, the Tory peer widely expected to shortly become a minister who was asked to give an example of the sort of behaviour which might be captured by the bill.

“He described a group of youths who repeatedly gathered at a specific location, smoking cannabis and playing loud music in a way representing ‘a day-by-day harassment of individuals’.

“That triggered consternation in the chamber as peers challenged him over the word ‘harassment’ – a higher bar than the ‘nuisance or annoyance’ threshold he was arguing in favour of.

“‘I find it difficult to accept a Conservative-led government is prepared to introduce this lower threshold in the bill,’ Tory backbencher Patrick Cormack said.

“‘We are sinking to a lower threshold and in the process many people may have their civil liberties taken away from them.'”

It is the judgement of the general public that this is precisely the intention.

Peers repeatedly quoted Lord Justice Sedley’s ruling in a 1997 high court case, when he declared: “Freedom to only speak inoffensively is not worth having.”

It is interesting to note that the government tried a well-used tactic – making a minor concession over the definition of ‘annoyance’ before the debate took place, in order to win the day. This has served the Coalition well in the past, particularly during the fight over the Health and Social Care Act, in which claims were made about GPs’ role in commissioning services, about the future role of the Health Secretary, and about the promotion of private health organisations over NHS providers.

But today the Lords were not fooled and dismissed the change in agreement with the claim of civil liberties group Liberty, which said – in words that may also be applied to the claims about the Health Act – that they were “a little bit of window dressing” and “nothing substantial has changed“.

A further concession, changing the proposal for an IPNA to be granted only if it is “just and convenient to do so” into one for it to be granted if it targets conduct which could be “reasonably expected to cause nuisance or annoyance” was torpedoed by Lord Dear, who rightly dismissed it as “vague and imprecise“.

That is a criticism that has also been levelled at that other instrument of repression, the Transparency of Lobbying Bill. Lord Blair, the former Metropolitan police commissioner, invited comparison between the two when he described the Antisocial Behaviour Bill in the same terms previously applied to the Lobbying Bill: “This is a piece of absolutely awful legislation.”

The defeat means the Bill will return to the House of Commons, where MPs will have to reconsider their approach to freedom of speech, under the scrutiny of a general public that is now much more aware of the threat to it than when the Bill was first passed by our allegedly democratic representatives.

With a general election only 16 months away, every MP must know that every decision they make could affect their chances in 2015.

We must judge them on their actions.

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Police State Britain: Tories would arrest you for looking at them in a funny way

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allowance, annoyance, anti-terror, antisocial behaviour, arrest, benefit, bill, Chris Grayling, claimant, constituency, crime, David Cameron, death, Department, die, employment, ESA, fair, FOI, Freedom of Information, G4S, government, IB, Incapacity, lobbying, Mike Sivier, mikesivier, mortality, Nicky Wishart, nuisance, Oakwood, office, Parliament, Pensions, people, police, policing, politics, prison, private, protest, public, save, support, transparency, upset, vexatious, Vox Political, work, youth centre

Antisocial: Under the new legislation, the role of the police as the strong arm of the state will increase; law and order will have increasingly less to do with their job.

Isn’t it nice for our police that they seem to have had a long time to prepare for the new Antisocial Behaviour, Crime and Policing Bill’s passage into law – as long ago as 2010 they were warning a 12-year-old boy, who wanted to save his youth centre, that they could arrest him.

The Mirror reported at the time that Nicky Wishart was removed from class – by anti-terror police – after he used Facebook to organise a protest outside David Cameron’s constituency office. His innocent request for people to “save our youth centre” was used as evidence against him.

Nicky lives in Cameron’s Witney, Oxfordshire constituency. The paper reported him as saying, “All this is because Mr Cameron is our local MP and it’s a bit embarrassing for him.”

On a personal note, this story bears a strong resemblance to what happened when I submitted my Freedom of Information request on mortality rates for people claiming Employment and Support Allowance/Incapacity Benefit. My own request for anyone else who believes the facts should be known to follow my example was held up as an excuse to dismiss the request as “vexatious” and refuse to answer it – and it is clear that this site continues to be monitored by the Department for Work and Pensions.

Nicky’s story could be repeated many times every day if the Antisocial Behaviour, Crime and Policing Bill becomes law.

As Jayne Linney has pointed out in an article I reblogged here today, it criminalises “any behaviour that may be deemed as “nuisance”, or liable to cause annoyance… it actually allows the police to arrest any group in a public place they think may upset someone!”

Peaceful protest will become a criminal offence.

The basic assumption of British law – that a person is innocent until proven guilty – will be swept away and forgotten.

Not only does this link in with the aims of the so-called Transparency of Lobbying Bill – to gag anyone who would inform the public of the ever-more harmful transgressions committed by our ever-more despotic right-wing rulers – it also provides an easy way of filling all the privately-run prisons they have been building.

Of course, some might argue that this would be no hardship, since the new private prisons are run appallingly badly. However, Justice Secretary Chris Grayling has praised the failing Oakwood, mismanaged by G4S, as his favourite prison and anyone saying differently after the Lobbying Bill is passed, or campaigning to make it less easy to get drugs and more easy to get soap there after the Antisocial Behaviour bill is passed, will face the possibility of a term inside.

And consider this: The Conservative-led government has hundreds of millions of pounds for projects like Oakwood, run by their favourite firms like G4S – but if you want help getting a business going you’re pretty much on your own. They will change the law to ensure that their version of events and opinion on issues can be broadcast to the masses, while opposing views are gagged. Yet they describe all their actions as “fair”.

How would you describe their behaviour?

Get your answers in quickly; they’ll soon be illegal.

(Thanks, as ever, to the ‘Constable Savage’ sketch from Not The Nine O’clock News for help with the headline.)

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No lawbreaking required: Secret police are spying on students to repress political dissent

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abuse, annoyance, apprehend, arrest, cambridge, Coalition, Conservative, corporate, Democrat, demonstration, disabled, dissent, envionmentalist, Facebook, free speech, Gestapo, Godwin's Law, government, hidden camera, infiltrate, infiltration, kettle, kettling, Liberal, Liberal Democrat, meeting, Mike Sivier, mikesivier, miner, nuisance, people, picket, police, political, politics, protest, rat, record, right, secret, sick, spy, strike, student, tax avoid, Thatcher, The Guardian, Tories, Tory, tuition fee, UK Uncut, undermine, Unite Against Fascism, university, Vox Political, weapon

Caught with his trousers down: Herr Flick from ‘Allo Allo’ – possibly the last secret policeman to be revealed in quite such an embarrassing way.

So now not only are our students facing the prospect of a life in debt, paying off the cost of their education (thanks, Liberal Democrats!) but they know they can expect the police to be spying on them in case they do anything radical, student-ish and treasonous like joining UK Uncut and occupying a shop to publicise the corporate tax avoidance our Tory-led government encourages.

Rather than investigate and solve crimes, it seems the police are embracing their traditional role (under Conservative governments) as political weapons – targeting suspected dissenters against their right-wing government’s policies, trying to undermine their efforts and aiming to apprehend key figures.

They are behaving like secret police, in fact. Allow this to go much further and we will have our own Gestapo, here in Britain. Before anyone starts invoking Godwin’s Law, just take a look at the evidence; it is a justifiable comparison.

According to The Guardian, police have been caught trying to spy on the political activities of students at Cambridge University. It had to be Cambridge; Oxford is traditionally the ‘Tory’ University.

The officer concerned tried to get an activist to rat on other students in protest groups in return for money, but the student turned the tables on him by wearing a hidden camera to record a meeting and expose the facts.

The policeman, identified by the false name ‘Peter Smith’, “wanted the activist to name students who were going on protests, list the vehicles they travelled in to demonstrations, and identify leaders of protests. He also asked the activist to search Facebook for the latest information about protests that were being planned.

“The other proposed targets of the surveillance include UK Uncut, the campaign against tax avoidance and government cuts, Unite Against Fascism and environmentalists” – because we all know how dangerous environmentalists are!

Here at Vox Political, it feels as though we have come full circle. One of the events that sparked the creation of this blog was the police ‘kettling’ of students demonstrating against the rise in tuition fees, back in 2010. It was a sign that the UK had regressed to the bad old days of the Thatcher government, when police were used (famously) to intimidate, annihilate and subjugate picketing miners.

Back then, BBC news footage was doctored to make it seem the miners had been the aggressors; fortunately times have changed and now, with everyone capable of filming evidence with their mobile phones, it is much harder for such open demonstrations of political repression to go unremarked.

In response, we see the police being granted expanded powers of arrest against anyone deemed to be causing a “nuisance” or “annoyance”, and now the infiltration of groups deemed likely to be acting against the government, even though they may not have broken any laws at all.

This would be bad enough if it was a single incident, taken in isolation – but it isn’t. It is part of a much wider attack on the citizens of this country by institutions whose leaders should know better.

The UK is now in the process of removing the rights it has taken nearly a thousand years for its citizens to win.

It is a country that abuses the sick and disabled.

And it is a country where free speech will soon be unheard-of; where the police – rather than investigate crimes – proactively target political dissenters, spying on anyone they suspect of disagreeing with the government and looking for ways to silence them.

Who voted for that?

Sleepwalking further into Police State Britain as law offers new powers of repression

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Scriptonite Daily has published a piece that everyone should read. It begins:

“The UK Government is about to pass legislation which will make any behaviour perceived to potentially ‘cause nuisance or annoyance’ a criminal offence. The Anti-Social Behaviour, Crime and Policing Bill also grants local authorities, police and even private security firms sweeping powers to bar citizens from assembling lawfully in public spaces. The Bill has successfully passed through the House of Commons without issue, and is now in the latter stages of review by the House of Lords, after which it will receive Royal Assent and become Law. Those who refuse orders under the new rules will face arrest, fines and even prison time.”

It seems to me that this legislation is being made partly to deal with concerns about section five of the Public Order Act. This, as stated in Vox Political‘s article last year, states, “(1) A person is guilty of an offence if he: (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby” – but only applies if a person has been the victim.

It could not be used if an organisation had been subjected to abuse – as was claimed, in this case of the Department for Work and Pensions. Now, it seems, a law is coming into force that can.

This is entirely unwarranted. Abuses of the Public Order Act have clearly demonstrated that the law needs to be relaxed, rather than tightened. Your freedom is being taken away from you, including your right to free speech.

It’s no surprise that this is going on even after this blog, and Scriptonite, and others (I’m sure) have pointed out the problem. We are tiny islands on the media map; most people only ever visit the continents that are the TV news and newspapers, which are happy to pander to their prejudices.

The Public Order Act, as Rowan Atkinson stated in his (should be) legendary Reform Section 5 speech, has led to several alarming exercises of power, “like the man arrested in Oxford for calling a police horse ‘gay’.”

The new Bill introduces Injunctions to Prevent Nuisance and Annoyance (IPNAs) to replace ASBOs, which were also widely abused. Scriptonite quotes some of these abuses, including:

• Stuart Hunt of Loch Ness brought to court 100 times since 2007 for breaching an ASBO preventing him from laughing, staring or slow hand clapping.
• Homeless, alcoholic and mentally ill Michael Gilligan given a 99 year ASBO rather than the welfare support that might have made a difference
• A profoundly deaf 17 year old girl given an ASBO and a jail sentence for spitting in the street
• A 13 year old banned from using the word ‘grass’ in England or Wales
• Manchester Council applied an ASBO to prevent a mobile soup kitchen from feeding the homeless
• Councils placing ASBOs on homeless people resulting in prison sentences for begging ‘earnestly and humbly’
• An 87 year old man was given an ASBO threatening a prison sentence if he was sarcastic to his neighbours.

“The ASBO has allowed the line between criminal behaviour and annoying behaviour to become hopelessly blurred – and the IPNAs will only serve to increase the problem,” says Scriptonite. “We have seen the abuses permitted under ASBO legislation, the test for which included wording to the effect that ASBOs could only be issued where an actual act of ‘harassment, alarm or distress’ had occurred. IPNAs have a much weaker test, applicable where on the ‘balance of probabilities’ a person has or might engage in behaviour ‘capable of causing annoyance’ to another person. How many times a day could this legislation apply to any of us? Eating with our mouths open, talking too loudly into our phones in a public space, walking too slowly or quickly or belching without saying ‘pardon me’. All of this may very well cause annoyance – but soon it might well also be illegal.”

More to the point: If you had a complaint against a government department – no matter whether it was justified – and you publicised it… wouldn’t that cause annoyance to them? Would it not cause them a nuisance?

And, considering the reaction to one woman’s complaint outlined in the VP article mentioned above, would this legislation not give ministers the power to lock you up for it?

This is not a law that should be passed. It is an attack on your freedom, and mine. It is a badge of repression, to be worn by our police as they continue their metamorphosis into symbols of the totalitarianism into which the UK is falling.

There is a petition against this. Please sign it before the law is passed and this document itself becomes a nuisance or annoyance.

I can find no better way to end this article than by paraphrasing what I said before: Police intimidation of those who speak out against injustice is not only an attack on free speech; it is an attack on the entire philosophy on which our society is based.

Next article: Bedroom Tax Tories: What they said and why they were wrong – covering the debate on the Bedroom Tax (or state under-occupation charge, but never spare room subsidy) in the House of Commons on November 12.

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