Prime Minister Rishi Sunak speaks during a press conference in Downing Street in London, after he saw the Safety of Rwanda Bill pass its third reading in the House of Commons by a majority of 44, January 18, 2024
Lords slam ‘legal fiction’ as they inflict first defeat on cruel Tory plan for asylum-seekers, decision comes day after seven-year-old girl tragically drowns in Channel
PEERS inflicted their first defeat against PM Rishi Sunak’s proposed Rwanda asylum law today — putting the House of Lords on a collision course with the government.
The upper chamber backed by 274 votes to 172, majority 102, a move to ensure the draft legislation, aimed at clearing the way to send asylum-seekers who cross the Channel in small boats on a one-way flight to Kigali, is fully compliant with the law.
The heavy government defeat sets the stage for an extended tussle between the Commons and Lords during “ping-pong,” where legislation is batted between the two houses until agreement is reached.
Peers slammed the government’s assertion that the east African country is safe to send migrants in contrary to a Supreme Court ruling.
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Former Lord Speaker Baroness D’Souza branded the emergency legislation a “legal fiction.”
The independent cross-bench peer said it is “writing into law a demonstrably false statement that Rwanda is a safe country to receive asylum-seekers and thereby forcing all courts to treat Rwanda as a safe country, despite clear findings of fact.”
Former shadow attorney general Baroness Chakrabarti, who brought the supported amendment, told peers that Labour is calling for changes to the Bill that would ensure compliance with the rule of law.
She argued this must be “completely incontrovertible for those like the Prime Minister, who now claim to be liberal patriots.”
Liberty’s lawyers say police feedback was ‘directly incorporated into the final text’ of Braverman’s anti-protest laws | Richard Baker / In Pictures via Getty Images
High Court told government only sought feedback from people it knew would agree with its controversial changes
Only police were consulted on anti-protest laws before they were forced through by the UK government, according to human rights lawyers suing the home secretary.
Campaign group Liberty has been in court this week challenging James Cleverly over amendments to the Public Order Act that were pushed through by his predecessor, Suella Braverman, last year.
Liberty was given permission to take legal action against Braverman in October after she used secondary legislation – subject to less parliamentary scrutiny – to strengthen police powers to shut down protests that cause “more than minor disruption to the life of the community”.
The group says Braverman’s actions amounted to a “serious overreach” and that she acted unlawfully because the changes to the law had already been rejected in the House of Lords.
And Liberty has labelled a consultation on the proposed laws in 2022 as “one-sided” and “unfair” – because the Home Office only consulted police. The government gave the Met, Staffordshire Police, Essex Police, the National Police Chiefs’ Council, and the College of Policing opportunities to give their views on the legislation, but did not seek input from anyone who might be impacted by the laws.
Liberty argued: “The [home secretary] voluntarily embarked upon a process of consultation about the contents and drafting of the regulations but then only consulted a narrow group of stakeholders in support of the amendments rather than an even-handed group representative of all those whose interests may be adversely impacted.”
Its lawyers also say police feedback was “directly incorporated into the final text” of the amendments to the Public Order Act, including on the definition of “serious disruption to the life of the community”.
The new powers have been criticised by Liberty and other human rights groups due to the vagueness of the new language, which campaigners say allows police to shut down almost any protests. The changes forced through by Braverman mean officers can interfere with and arrest anyone taking part in protests that they believe will cause “more than minor disruption to the life of the community”.
Police feedback on “cumulative disruption” was also included in the final amendments to the act. Under this law, officers must take into account all “relevant cumulative disruption”, regardless of whether or not your protest is related to any other protest or disruption in the same area. Before this amendment, there was no explicit requirement for police to consider this.
While the government held multiple meetings with police representatives in December 2022 to seek input and “refine policy”, Liberty argues that the fact that no rights groups or members of the public were consulted is rooted in “procedural unfairness” and that the changes must be reversed.
Katy Watts, Liberty’s lawyer leading the case said: “The government has shown it’s determined to put itself above the law, avoid scrutiny and become untouchable – so it’s no surprise it only consulted people it knew would agree with its new law.
“Our democracy exists to make sure a government can’t just do whatever it wants, and an important part of that is consulting a wide range of voices on new laws – especially those likely to raise reasonable concerns. This improves government decision making and helps to make our laws better. The government’s failure to do this is just one of the ways it acted unlawfully when it forced these powers though.”
The laws were initially brought in to clamp down on protests by climate activist groups like Just Stop Oil, Insulate Britain, and Extinction Rebellion, but other protesters are now also being targeted.
The government has accused pro-Palestine protesters of “hijacking legitimate protests”, “shouting down and coercing elected representatives”, and has also called them “un-British” and “undemocratic”.
In a new ‘defending democracy policing protocol’ released this week, the government pledged £31m of additional funding to protect MPs after safety fears were raised.
The Home Office said it wants to “protect the democratic process from intimidation” but according to its own policy paper, only met with police representatives from the National Police Chiefs Council, the Association of Police and Crime Commissioners, and the College of Policing.
The Home Office did not respond to a request for comment.
The two-day hearing ended yesterday and Liberty’s lawyers expect a decision could take up to three months.
We have been told that all marchers are Islamists or “extremists” and present Home Secretary James Cleverley has demanded that the organisers call them off since they have “made their point.”
However, the government has not yet got that point. It continues to thwart efforts to secure an immediate ceasefire in Gaza.
And the propaganda overlooks the fact that the repeated huge demonstrations have been almost entirely peaceful. Such few arrests as there have been have been mainly about the police stopping the display of what they regard as unacceptable slogans or images.
It is clear that the Establishment is rattled by the intensity of opposition to its pro-Israel policy and by the fact that the cosy Commons consensus is rejected by the country outside, which overwhelmingly wants a ceasefire.
And masses repeatedly mobilised on the streets always rattle the state, more or less regardless of the issue. These protests are still more menacing to the elite because they challenge the prerogatives of imperialism.
It is no surprise therefore that state prosecutor Starmer’s Labour has hardly raised a peep of protest.
But the solidarity protests are the voice of democracy. The bipartisan move against them is a threat to all our freedoms. The left must stand against the hysteria and assert our democratic right to hold politicians to account.
UK Prime Minister Rishi Sunak claims “There is a growing consensus that mob rule is replacing democratic rule. And we’ve got to collectively, all of us, change that urgently.” Sunak is recognised as a war criminal due to his complicity in genocide.
Protesters gather in Parliament Square, London, to call for a ceasefire in Gaza, 21 February 2024 | Alberto Pezzali/NurPhoto via Getty Images
Human rights group Liberty says spotlight on MPs’ safety has seen Tories ‘vilify’ Palestine marchers
Ahuman rights campaign group suing the government for forcing through anti-protest laws says people who go on Palestine marches are being “vilified” to “stoke division”.
Liberty is today challenging the home secretary, James Cleverly, in the High Court over a decision by his predecessor Suella Braverman to introduce new legislation targeting protesters that had already been rejected by Parliament.
The case comes in a week where protest rights are in the spotlight. Pro-Palestine marches are being labelled a threat to MPs and the Home Affairs Select Committee has called on the government to force organisers to give more notice.
Speaking to openDemocracy ahead of the hearing, Liberty director Akiko Hart said: “We’re seeing both our fundamental rights of protest being undermined, but also specific protests like the pro-Palestinian marches being vilified.”
Hart took aim at the “incredibly irresponsible rhetoric from senior politicians where protest is equated to intimidation and harassment”.
MPs’ safety fears were raised last week following chaos in the House of Commons over a symbolic vote on a ceasefire in Gaza. Though some MPs have reported an increase in abuse and threats, campaigners warn that peaceful protests are now being associated with terrorism in order to undermine them.
“There were legitimate concerns around MPs’ safety – obviously, two MPs have been murdered in the last ten years,” she said. “We need to take that very, very seriously. I would also say that it’s MPs who are racialised who are most at risk from harassment, and that’s what the evidence shows us.
“But to conflate harassment with protest, which is what’s happening this week, is really dangerous and irresponsible. There are laws in place to deal with harassment and abuse. That isn’t the same as legitimate protest.”
In its recommendations, the Home Affairs Select Committee said more notice was needed ahead of Palestine marches because the size and frequency of the protests is a burden on police resources. But according to the coalition organising the national Palestine marches, the measures would further limit the right to peaceful protest. Hart also said the current notice period of six days is enough for police to prepare for marches.
“Extending that will just restrict people’s ability to be able to make their voices heard. With this, as with any other issue, the point about protest is that it is not about whether or not you agree – it’s about our right to protest,” she explained.
Liberty was given the green light to sue Braverman in October after she used secondary legislation – which doesn’t get the same level of parliamentary scrutiny – to allow police to restrict or shut down any protest that could cause “more than minor disruption to the life of the community”.
“It shouldn’t be the case that you would have to take the home secretary to court with all the time and effort and energy and expertise that that involves,” said Hart. “The reason we are doing so is because of the then home secretary’s egregious act of circumventing Parliament.”
The government previously tried to insert the new powers into the Public Order Act 2023 in January last year, but was blocked by the Lords.
The point about protest is that it is not about whether or not you agree – it’s about our right to protest
Liberty believes a win “would be a powerful check against any future minister or government that intends to do the same thing”.
Hart told openDemocracy that there have already been clear examples of the impact of anti-protest laws that have come through the Police, Crime, Sentencing & Courts (‘Policing’) Act and the Public Order Act, which both give police more powers to restrict protests.
“There were anti-monarchy protesters who were arrested on the basis that the luggage straps that they were carrying were seen to be tools for locking-on, which was a new offence created under the Public Order Act, but they were carrying them to secure their placards.
“We’re also seeing it in sentencing. Last summer, the Court of Appeal upheld the sentences of the two protesters who scaled the Dartford crossing. And those sentences were two years and seven months, and three years – the harshest sentences ever handed down in modern times around protests around civil disobedience,” she said.
The trial against the home secretary is expected to run for two days at the Royal Courts of Justice in London. Hart told openDemocracy that while she and Liberty’s team of lawyers are feeling optimistic, “there’s a level of underlying exhaustion at how this government is conducting itself and responding to the protests that are happening”.
A Home Office spokesperson said: “The right to peaceful protest is fundamental; the right to disrupt the hard-working public is not.
“We have taken action to give police the powers they need to tackle criminal tactics used by protesters such as locking on and slow marching, as well as interfering with key national infrastructure.
“We work closely with the police to make sure they have the tools they need to tackle disorder and minimise disruption.”
