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Joint Committee on Human Rights House of Lords House of Commons Joint Committee on Human Rights Demonstrating Respect for Rights? Follow–up Twenty-second Report of Session 2008–09 Report, together with formal minutes and oral and written evidence Ordered by the House of Lords to be printed 14 July 2009 Ordered by the House of Commons to be printed 14 July 2009 HL Paper 141 HC 522 Published on 28 July 2009 by authority of the House of Commons London: The Stationery Office Limited £0.00 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness John Austin MP (Labour, Erith & Thamesmead) Lord Dubs Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Lester of Herne Hill Dr Evan Harris MP (Liberal Democrat, Oxford West & Lord Morris of Handsworth OJ Abingdon) The Earl of Onslow Mr Virendra Sharma MP (Labour, Ealing, Southall) Baroness Prashar Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Mr Edward Timpson MP (Conservative, Crewe & Nantwich) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. Publications The Reports and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses. All publications of the Committee (including press notices) are on the internet at www.parliament.uk/commons/selcom/hrhome.htm. Current Staff The current staff of the Committee are: Mark Egan (Commons Clerk), Rebecca Neal (Lords Clerk), Murray Hunt (Legal Adviser), Angela Patrick and Joanne Sawyer (Assistant Legal Advisers), James Clarke (Senior Committee Assistant), Emily Gregory and John Porter (Committee Assistants), Joanna Griffin (Lords Committee Assistant) and Keith Pryke (Office Support Assistant). Contacts All correspondence should be addressed to The Clerk of the Joint Committee on Human Rights, Committee Office, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2467; the Committee’s e-mail address is [email protected] Demonstrating respect for Rights? Follow-up 1 Contents Report Page Summary 3 1 Introduction 5 2 G20 protests 7 Dialogue between police and protesters 7 Containment 9 G20 protests and the press 15 Media reporting of the build up to the G20 protests 15 Treatment of journalists 16 Identification of officers 17 Human rights awareness 18 3 Protest around Parliament 19 4 Other issues 22 Counter-terrorism powers 22 Civil injunctions 23 Section 5 of the Public Order Act 1986 24 Quasi-public space 25 Taking and retention of photographs 25 5 Conclusion 26 Formal Minutes 28 Witnesses 29 List of written evidence 29 List of Reports from the Committee during the current Parliament 31 Demonstrating respect for Rights? Follow-up 3 Summary In March of this year we published a report about a human rights based approach to policing protest: Demonstrating respect for rights?. We followed up that report with a short inquiry, following the protests during the G20 summit in London in April: our findings are published here. The G20 protests were mostly peaceful in intent. However, the protests were marred by the death of a man, alleged assaults of protesters by police officers, the use of containment tactics against protesters and alleged refusals of some police officers to reveal their identity. We recommend that: • Every police force should have a widely advertised nominated point of contact, to make it easy for the police and protesters to discuss the protest before it takes place. • The Government, the Independent Police Complaints Commission and HM Inspectorate of Constabulary should explore using independent negotiators to facilitate dialogue and to resolve disputes between police and protesters. • Containment can be lawful, but only where it is proportionate and necessary to do so. Police need to take more account of the circumstances of individuals and should make efforts to allow people to leave as soon as possible. Toilets, water and medical facilities must be easily accessible to people contained. • There should be a legal requirement for police officers to wear identification numbers when on duty or to identify themselves when asked. • The Metropolitan Police should ensure that any exaggerated and distorted reporting in the media can be countered quickly and authoritatively This report also provides an update on protest around Parliament, the use of counter- terrorism powers and civil injunctions, Section 5 of the Public Order Act 1986, protest in quasi-public space and the taking and retention of photographs. Human rights based policing should help to improve public trust in the police. We look forward to police forces building on the work they have already done to place human rights at the heart of their operations. We also note that public trust in the police can be seriously damaged when accountability is seen to be lacking. In order to improve the public’s view of police accountability for policing public order events, we recommend that the Metropolitan Police publish the Cass report into the death of Blair Peach in full. Demonstrating respect for Rights? Follow-up 5 1 Introduction 1. We published our report on policing and protest in March, following a long inquiry during which we received evidence from protesters, those protested against, the police, NGOs, journalists, academics and the Government.1 We received a welcome “early response” to the report from the then Home Office Minister, Vernon Coaker MP, on 20 April before the Government published its full response as a Command Paper on 29 May.2 2. Shortly after our report was published, on 1 April, the G20 summit in London was the focus of a number of protests, including the establishment of a “Climate Camp” outside of the European Climate Exchange on Bishopsgate. It was widely anticipated that the G20 demonstrations, coupled with the visit of many world leaders to London, would pose a significant challenge to the Metropolitan Police. There were a number of media reports in advance of the demonstrations suggesting that London would be the scene of violent protests3 and a number of parliamentarians volunteered to observe the protests and the way in which they were managed by the police.4 3. In the event, although some protesters were violent – and a branch of the Royal Bank of Scotland in the City of London was attacked – the demonstrations were mostly peaceful. The police operation was extensively monitored by the media and the parliamentary observers and there was criticism of the tactics used to disperse the Climate Camp, which included the containment of people in Bishopsgate for several hours. HM Inspectorate of Constabulary (HMIC) was asked by the Metropolitan Police Commissioner on 28 April to “review the public order tactics deployed in response to significant protests involving disorder or the threat of disorder”.5 The first part of HMIC’s report was published on 7 July and we have been able to take it into account in finalising our report. The second part of the report, which will include a systematic review of national and international practice, will be published later in the year.6 The tragic death of Ian Tomlinson, a passer-by whose alleged assault by police officers is now the subject of investigation by the Independent Police Complaints Commission (IPCC), was also widely reported. Our terms of reference preclude consideration of individual cases and we have not inquired into the events surrounding the death of Mr Tomlinson as a result. 4. We decided to follow up our report in the light of these events, by taking evidence from Tom Brake MP (one of the parliamentary observers),7 Frances Wright of Climate Camp’s legal team, Paul Lewis of the Guardian, Nick Hardwick, Chair of the IPCC, DCC Sue Sim of the Association of Chief Police Officers (ACPO) and AC Chris Allison of the 1 Seventh Report, Session 2008-09, Demonstrating respect for rights: a human rights approach to policing protest, HC 320-I, HL Paper 47-I (hereafter P&P Report). 2 The “early response” is published with this report, Ev 44. The full response is Cm 7633. 3 See paragraph 31. 4 See, for example, Tom Brake MP’s report: http://www.tombrake.co.uk/resources/sites/82.165.40.25- 419339014ea056.83132309/G20+Report.doc. 5 Adapting to Protest, HMIC, Jul 09, p15 and Annex B. 6 Ibid, p12. 7 We received written evidence from the observers (published with Home Affairs Committee, Policing of the G20 Protests, Eighth Report of Session 2008–09, HC 418 (hereafter Policing of the G20 Protests)), a paper from Tom Brake MP (cited above) and a letter from Baroness Williams of Crosby (Ev 51). 6 Demonstrating respect for rights? Follow-up Metropolitan Police on 12 May; and from Vernon Coaker MP, then Minister for Policing, Crime and Security, on 2 June. Our Chair, Andrew Dismore MP, also held an informal meeting with Dennis O’Connor QPM CBE, Her Majesty’s Chief Inspector of Constabulary, on 9 June. We also watched DVDs showing events during the G20 protests, submitted by Mr Lewis and ACPO. 5. We also invited written evidence, which we have published with this report, on the G20 demonstrations and two other relevant issues which have arisen since our original report.
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