Defend the right to protest!

18/06/2010
Author: 
Gorettin Horgan

Campaign Against the Public Assemblies Bill
Defend the right to protest!
The campaign against the Public Assemblies Bill continues to gather momentum as the word spreads about the Bill’s proposals. Public meetings about the Bill have been well-attended with lively discussions. There have been few people at those meetings who support the proposals but there have been voices saying that the campaign is ‘exaggerating’ the impact it could have.
Some suggest that the new legislation is simply an update of the Public Processions (Northern Ireland) Act 1998. But the 1998 Act is about marches or parades only. It means that groups have to file application forms with the PSNI for permission to hold a march. But it is not necessary to file for permission for a protest meeting or rally that does not intend to march. The right to hold such rallies is what is meant by the right to assembly.
Many trade unions, community and women’s groups, anti-war groups and others have called such rallies at a couple of hours notice when something happens – like someone being killed or attacked – or is announced, like the closure of a local leisure centre, old folks home or library.
When the Gaza Flotilla was attacked, protest rallies were organised in Belfast and Derry in less than twelve hours. What the proposed Public Assembly Bill will do is to ban all such rallies unless permission has been applied for 37 days in advance.
While there is a facility to allow emergency protests, the Bill says it has to be an “extreme emergency” and permission sought in the three days before it is held. Such permission could be withheld. Currently, we don’t have to ask for any permission.
It is true that the Public Order (NI) Order 1987 already contains restrictions on rallies of two or more participants. But this is only if police have a “reasonable belief” that it will lead to “serious public disorder, or serious disruption to the life of the community or undue demands to be made upon the police or military forces”. A public assembly can only be banned if the Chief Constable asks the Secretary of State to ban it on the grounds that no amount of restrictions will be likely to avoid such “serious public disorder”.
There are other changes, besides the 37 day notice for all protests – for example, anyone organising a march would have to say how many banners would be carried and what each would say. So, no more imaginative banners and the person who turns up with the “Down with this kind of thing” placard would have to be sent home.
Sinn Fein’s John O’Dowd, one of the group of six MLAs (three Sinn Fein and three DUP) that produced the draft Bill, debated the Bill with the SWP’s Eamonn McCann on the BBC’s Hearts and Minds programme. There, he denied that the Bill would stop protest against the cuts we all know are coming in public services.
McCann pointed out that the ‘Explanatory Notes’ that were published with the draft Bill give as an example a community wanting to protest against the closure of a sports facility having to give 37 days’ notice. O’Dowd had no answer.
O’Dowd also suggested that those who oppose the Bill don’t care about residents having to put up with coat-trailing Orange marches through their areas. This is nonsense. All of the provisions of the Bill could be applied to contentious parades only. Further, the draft Bill does little to promote the kind of dialogue between residents and the loyal orders that residents’ groups have said is needed.
The Sinn Fein leadership has issued a briefing about the Public Assemblies Bill for party organisers. It is not surprising that the Sinn Fein leadership felt the need to do this. Many Sinn Fein members and supporters are horrified at the proposals, which would have fit well with the Special Powers of the old, pre-1972 Stormont.
This attack on the right to protest must be resisted. All trade unionists, members of community and women’s groups etc should ensure that their local SF and DUP representatives know that the proposals will be defied if they go through. And we need to take to the streets in large numbers to let them know.
Newry and District Council of Trade Unions has organised a protest against the Public Assemblies Bill in Newry on Friday 25 June at 12.30 pm outside Newry Town Hall. The Derry group is also organising a protest but details are not available yet.
The main protest against the Bill is in Belfast on Sat 26th June, leaving from the Arts College Gardens at 12 and marching to the City Hall for a rally.

The Stop the Public Assemblies Bill Campaign has provided a useful response to the Sinn Fein briefing. It can be read at: http://www.facebook.com/#!/topic.php?uid=104617472916202&topic=48 .

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