Stormont Assembly Bill Threatens Civil Rights

Thursday 27 May 10

On 20 April 2010 the First and Deputy First Ministers published draft legislation for the ‘Public Assemblies, Parades and Protests Bill (Northern Ireland). Portrayed as a tool to find solutions to contentious parades through dialogue and mediation. However, such portrayals ignore the wider reaches of the proposed bill.

Under the legislation, gatherings of more than 50 people in a public place would require authorization 37 days in advance and must specify which groups (like trade unions, community groups, etc) would be involved. If authorization is refused or if organizers fail to apply for authorization, both the organizers and any participants present are subject to arrest and up to six months in prison. The legislation defines a public space as “any road or footway or any other place, apart from a building, to which the public or a section of the public has access” – which is pretty much anywhere that isn’t inside.

This means that any spontaneous protests or shows of solidarity would be illegal – think, for example, of the rallies held for victims of racist attacks, or for the two soldiers and policeman killed last year. Both of these would be illegal under the new legislation, unless they had 37 days prior authorization. This severely limits the ability of activists and concerned citizens to demonstrate on issues that are of vital and immediate importance.

Besides being a fundamental part of any free democratic society, the right to freedom of assembly and association is also protected under the European Convention of Human Rights (ECHR), and in domestic law through the Human Rights Act of 1998 (HRA).

Article 11 of the ECHR states:

“1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”

Thus, in order for this proposed legislation to be lawful, it would have to be proven that the restrictions being placed on the freedom of assembly are ‘necessary in a democratic society.’

A mechanism to deal with contentious parades is part of the Hillsborough Agreement of 5 February 2010, so the relevant parties and politicians involved must deliver on this. What they must NOT do, however, is infringe upon your rights under the ECHR.

What do you think of the draft Public Assemblies Bill? Is it necessary, or does it go too far? Are there other ways to deal with parades that don’t involve limiting other peaceful assemblies? Tell us what you think on our forum!