Public Order Act 2023

The Public Order Act 2023 is an act of the Parliament of the United Kingdom which gave police greater powers to crack down on protest tactics such as those being used by climate protestors.[2][3][4][5]

Public Order Act 2023
Act of Parliament
Long titleAn Act to make provision for new offences relating to public order; to make provision about stop and search powers; to make provision about the exercise of police functions relating to public order; to make provision about proceedings by the Secretary of State relating to protest-related activities; to make provision about serious disruption prevention orders; and for connected purposes.
Citation2023 c. 15
Introduced byPriti Patel, Home Secretary (Commons)
Lord Sharpe, Parliamentary Under-Secretary of State for the Home Department (Lords)
Territorial extent England and Wales, aside from provisions amending Acts which extend to Scotland and Northern Ireland
Dates
Royal assent2 May 2023
Commencement3 May 2023 (in part)[1]
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Public Order Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Parliament of the United Kingdom's Joint Committee on Human Rights "called for key measures in the legislation to be watered down or scrapped because the laws would have a "chilling effect" on people in England and Wales seeking to exercise their legitimate democratic rights."[6]

Details of the Act

The Act introduces new offences for locking on (with 51-week sentences), interfering with key national infrastructure, obstructing major transport works, causing serious disruption by tunnelling, greater stop and search powers to prevent disruptive protests (including without suspicion),[7] and "Serious Disruption Prevention Orders" "which can restrict people's freedom by imposing conditions on repeat offenders".[8][2]

The Act is "explicitly targeted at protesters",[9] such as "the current outbreak of climate protests across Britain".[5] It specifically names the protests of Extinction Rebellion, Just Stop Oil, and Insulate Britain as reasons it is needed.[2][10]

Measures previously rejected by the House of Lords in Police, Crime, Sentencing and Courts Act 2022, including banning individuals from protests, were reintroduced.[7]

In January 2023, Prime Minister Rishi Sunak's government had announced plans to amend the Public Order Bill before it becomes law "to broaden the legal definition of 'serious disruption', give police more flexibility, and provide legal clarity on when the new powers could be used."[11]

Legislative history

The Bill was announced in the Queen's speech on 10 May 2022.[12]

In October 2022, MPs passed the Bill by 276 votes to 231. In January 2023, the House of Lords overturned plans to increase police powers to allow them to restrict protests by 254 votes to 240[13][14] and added a clause restricting protests within 150 meters of an abortion clinic. In March, the House of Commons upheld the abortion-related provision, on which the Conservative Party permitted a free vote, by 299 votes to 116. Meanwhile, other amendments made by the House of Lords, including those limiting the powers police officers would be granted under the law, were rejected.[15]

Following a months-long parliamentary ping-pong, conflicts between the two Houses were ultimately resolved on 26 April 2023, when the House of Lords voted viva voce not to insist on amendments the House of Commons disagreed with.

The bill received royal assent and became an Act of Parliament on 2 May 2023.

The sections of the Act creating the offences of locking on, being equipped for locking on, and interference with use or operation of key national infrastructure came into force by statutory instrument on 3 May 2023.[1]

Criticism

In October 2022, The Parliament of the United Kingdom's Joint Committee on Human Rights said:

"it is concerned the offence could encompass demonstrators who simply link arms with each other, and that it should be amended. [...] The committee said measures relating to the obstruction of major transport works covered actions that were not intended to cause significant disruption, while those related to interference with key national infrastructure covered those that were neither "key" nor "national". The proposed serious disruption prevention orders could prevent people being able to exercise their right to protest, the committee said, and represented a "disproportionate response" to any resulting disruption. It also expressed concerns about the extension of stop and search powers, allowing police to carry out searches where there were no reasonable grounds for suspicion."[6]

In November, writing for the Financial Times, Conservative peer Camilla Cavendish called the bill "... an affront to a civilised society".[16]

See also

References
  1. Statutory Instrument 2023 No. 502 (section 2) Public Order Act 2023 (Commencement No. 1) Regulations 2023
  2. Barradale, Greg (18 October 2022). "The government's anti-protest bill is back. Here's what you might not know about it". The Big Issue.
  3. "Controversial Public Order Bill passed in Westminster". HeraldScotland.
  4. Bulbul, Nuray (19 October 2022). "What is the public order bill designed to crack down on 'disruptive' protests?". Evening Standard.
  5. "Let the Irish Run the U.K. until the English Can Get This Omnishambles Together". Esquire. 21 October 2022.
  6. "Ministers creating 'hostile environment' for protesters, say MPs". The Guardian. 16 June 2022.
  7. "Peers called on to kill public order bill targeting climate activists". the Guardian. 1 November 2022. Retrieved 18 December 2022.
  8. "Keir Starmer backs stiff sentences for climate protesters who block roads". The Guardian. 24 October 2022.
  9. "We Interviewed Climate Activists Who Were Jailed for Protest". Vice.
  10. Barradale, Greg (1 June 2022). "Public do not support Priti Patel's plans to increase police powers, poll finds". The Big Issue.
  11. James, William (15 January 2023). "UK seeks stronger powers to stop disruptive protests". Reuters.
  12. "'Criminalising our right to protest': green groups' anger over public order bill". The Guardian. 10 May 2022.
  13. "Public Order Bill: Peers defeat plans to curb protest disruption". BBC News. 7 February 2023.
  14. "Wednesday briefing: The public order bill that will make dissent a lot more difficult". The Guardian. 26 October 2022.
  15. "MPs reject calls to allow 'silent prayer' in abortion clinic buffer zones".
  16. "Sinister curbs on the freedom to protest are wrong". Financial Times. 4 November 2022. Retrieved 18 December 2022.
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