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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‘Gagging Bill’ put on hold as government fears defeat

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[Picture: PR Week]

The Coalition government’s latest attack on democracy has been halted before it reached the House of Lords, after ministers realised peers weren’t going to put up with it.

The ‘Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration’ Bill was due to be discussed by peers this week, but the part dealing with third-party campaigning such as that carried out by charities and popular organisations has been put back until December 16 after a threat to delay the entire bill for three months.

The government wants to “rethink” its plans to restrict campaigning by charities, it seems. Hasn’t it already done so twice before?

Andrew Lansley tabled a series of amendments, including one reverting to wording set out in existing legislation, defining controlled expenditure as any “which can reasonably be regarded as intended to promote or procure electoral success”, on September 6.

But the plan was still to “bring down the national spending limit for third parties, introduce constituency spending limits and extend the definition of controlled expenditure to cover more than just election material, to include rallies, transport and press conferences”, as clarified by the government’s own press release.

Lansley published further amendments on September 26, claiming that these would:

• Remove the additional test of “otherwise enhancing the standing of a party or candidates”. This is to provide further reassurance to campaigners as to the test they have to meet in order to incur controlled expenditure. A third party will only be subject to regulation where its campaign can reasonably be regarded as intended to “promote or procure the electoral success” of a party of candidate,
• Replace the separate listings for advertising, unsolicited material and manifesto/policy documents with election “material”; this is the language used in the current legislation that non-party campaigners and the Electoral Commission are already familiar with, and on which the Electoral Commission have existing guidance,
• Make clear that it is public rallies and events that are being regulated; meetings or events just for an organisation’s members or supporters will not be captured by the bill. “We will also provide an exemption for annual events – such as an organisation’s annual conference”,
• Ensure that non–party campaigners who respond to ad hoc media questions on specific policy issues are not captured by the bill, whilst still capturing press conferences and other organised media events, and
• Ensure that all “market research or canvassing” which promotes electoral success is regulated.

But this blog reported at the time that anyone who thinks that is all that’s wrong with the bill is as gullible as Lansley intends them to be.

As reported here on September 4, the bill is an attempt to stifle political commentary from organisations and individuals.

New regulations for trade unions mean members could be blacklisted – denied jobs simply because of their membership.

Measures against lobbyists – the bill’s apparent reason for existing – are expected to do nothing to hinder Big Money’s access to politicians, and in fact are likely to accelerate the process, turning Parliamentarians into corporate poodles.

Where the public wanted a curb on corporations corruptly influencing the government, it is instead offering to rub that influence in our faces.

In fact, the Government’s proposed register would cover fewer lobbyists than the existing, voluntary, register run by the UK Public Affairs Council.

And now a bill tabled by Andrew Lansley has been given a “pause” for reconsideration. Is anybody else reminded of the “pause” that took place while Lansley’s Health and Social Care Act was going through Parliament? In the end, the government pushed it through, regardless of the screams of outrage from the medical profession and the general public, and now private health firms are carving up the English NHS for their own profit, using Freedom of Information requests to undermine public sector bids for services.

In the Lords last night, according to The Independent, ministers were pressured to include in-house company lobbyists in the proposed register, if it is to have any credibility.

But Lord Wallace said the proposed “light touch” system would be more effective and the register was designed to address the problem of consultant lobbying firms seeing ministers without it being clear who they represented – in other words, it is intended to address a matter that isn’t bothering anybody, rather than the huge problem of companies getting their chequebooks out and paying for laws that give them an advantage.

We should be grateful for the delay – it gives us all another chance to contact Lords, constituency MPs and ministers to demand an explanation for this rotten piece of legal trash.

If they persist in supporting this undemocratic attack on free speech, then they must pay for it at the next election.