Right to Protest — Really?

I have writ­ten many essays and waxed lyr­ical to any­one who I can pin down about how our civil liber­ties have been cas­u­ally eroded over the last 12 years. On the 10th of Septem­ber I saw, first hand, the state of affairs we are now in.

Not actually the protest I attended.

Not actu­ally the protest I attended.

I had little to do on a Thursday night and hav­ing seen an advert on the Space Hijack­ers web­site I thought I would pop along to watch them demon­strate out­side the annual arms dealer’s din­ner in Park Lane.

By the time I got to the Hilton, Park Lane there were prob­ably about 30 pro­test­ers. Some were milling around car­ry­ing vari­ous plac­ards while some were sit­ting on the floor out­side the front door of the hotel. Also in attend­ance were prob­ably about 100 police officers. Amus­ingly, the Space Hijack­ers were dressed in din­ner jack­ets car­ry­ing signs say­ing: ‘Arms Dealer’ with a large arrow. They then fol­lowed people going into the din­ner point­ing their signs as they went.

The police had obvi­ously had enough of the pro­test­ers out­side the front door and rightly so. They were obstruct­ing entry and exit and get­ting in the way of the taxis. At was at this point that my sym­pathy with the Met ended.

Hav­ing also decided that they did not want pro­test­ers on the street the senior officer decided to invoke Sec­tion 14 of the Pub­lic Order Act 1986. And for those of you who are in any doubt about what this means:

Sec­tion 14 — Impos­ing con­di­tions on pub­lic assem­blies
provides police the power to impose con­di­tions on assem­blies “to pre­vent ser­i­ous pub­lic dis­order, ser­i­ous crim­inal dam­age or ser­i­ous dis­rup­tion to the life of the com­munity”, but the con­di­tions are lim­ited to the spe­cify­ing of:
the num­ber of people who may take part,
the loc­a­tion of the assembly, and
its max­imum duration

An exten­ded line of police­men des­cen­ded on us and informed every­body that Sec­tion 14 had been invoked, as a res­ult if we wanted to protest we would have to make our way to an enclosed pen. The pen happened to be off to one side behind a bush. A few people star­ted telling the 5 – 0 that they didn’t want to be kettled and asked if they would be let out if they wanted to go home. The police­man said that this could not be guar­an­teed. He also told us we would be arres­ted if we didn’t move. When asked what for a wouldn’t tell us. I asked him if he thought this was Kafka-esque and received a blank look in reply.

It seems the police had got a little bored of try­ing to round people up s nobody was keen for a good ket­tling. We milled around for a bit, I say we but I was off to one side twit­ter­ing on my phone. A little later the officer in charge had obvi­ously had enough and the line advance once more. By this point I was rather bored and stand­ing next to the bus stop. The line passed me by but the inspector spot­ted me, poin­ted and shouted ‘watch that one, he’s been here for half an hour.’ I should prob­ably point out that by this then the only time I had been with the pro­test­ers was when I had my short dis­cus­sion with the cop­per about Kafka. I was dressed in a suit and stand­ing on Park Lane.

6 police­men circled me and asked what I was doing. I stated that I was wait­ing for a bus. They asked which bus. I said that bus and poin­ted at the num­ber 74. The bus pulled up and one of them shouted ‘You’d bet­ter get on that bus’ I replied that I would but that the driver hadn’t actu­ally opened the door and this was imped­ing my jour­ney. Ran­domly another man in a suit wait­ing for the bus star­ted yelling ‘You’d bet­ter get on that bloody bus, don’t you real­ise this is east Germany?!’

I was then threatened with arrest. Half of me was inclined to let them arrest me and then have them explain under which piece of legis­la­tion I was being held for loiter­ing. I then remembered that I could be arres­ted for any­thing and got on the bus. We then had the com­edy spec­tacle of a bus stuck in traffic while 6 police­man stood, star­ing at a man on the bus through the window.

My thoughts of the day were thus: While we have the right to protest it is on the terms of the people you are gen­er­ally want­ing to protest against. When they’ve decided you’re get­ting in the way you can be dis­persed or kettled at will. The invoc­a­tion of Sec­tion 14 was and is entirely arbit­rary, were 30 people hold­ing signs about to com­mit: “ser­i­ous pub­lic dis­order, ser­i­ous crim­inal dam­age or ser­i­ous dis­rup­tion to the life of the com­munity” I don’t think so. It seems the Met have 2 gears; soft or hard. At one point I was shoved in the back by a ser­geant, if I’d have thought about it on inclined to trouble I could have pulled off a foot­ball style dive, I could have taken their shoulder num­bers but to what avail?

10 Comments

  • only one quibble — state of affairs we are now in is the same as it ever was from peterloo, to cnd marches, to the orgreave riot, to stop the city. all gov­ern­ments like less protest­ing. all police officers like more power than the law gives them. it’s the kind of people they are.

  • Sounds like PC Dimbleby from Spit­ting Image was in charge. I des­pair about police some­times — they just don’t seem to get that they are not paid by tax­pay­ers to behave like lat­ter day Nazis.

    I have meet some bril­liant cop­pers.… sens­ible, thought­ful — who are good natured in the face of drunken non­sense, dif­fi­cult people. Unfor­tu­nately, I too, have come across the shaven headed guys whose eyes are just a little bit too close together.

    I need not ask if you got the copper’s shoulder board num­ber… it was prob­ably taped over.

    The sad thing is… this type of police response merely serves to imprint irrit­a­tion with the police in nor­mal sens­ible people who wish to express their views and doesn’t work… it cer­tainly coun­ters all the PR work the Police do to show they are ‘serving the com­munity’ or whatever horse merde is the strap­line under Police on the side of their cars

    Ah well.… talk­ing of ket­tling… I have some prawns that are get­ting uppity. They will be kettled in chilli and gar­lic and be eaten… so there will be no prawns out­side Down­ing Street tonight protest­ing.… I do my best to serve the com­munity, after all

  • […] I read Oedipus_Lex’s amus­ing post about police stu­pid­ity and the erosion of civil rights. Lex gives us a first hand report of his exper­i­ence at the hands of the guys whose eyes are just that […]

  • if you are only con­cerned with this government’s record, yes. if you want any kind of his­tor­ical per­spect­ive, no.
    and it’s not as if the gov­ern­ment has man­aged all of its anti-terror efforts. con­trol orders for instance have been shown the door, though they may take a while get­ting their coats. so even this hasn’t been one way traffic. what would have been really amus­ing would have been watch­ing dave try to repeal the hra. i ima­gine someone has had a quiet word as we hear less about this these days. i sup­pose every sil­ver lin­ing has a cloud.

  • Simply Wondered: You’re right, we’ve heard little from Disco Dave and his Brit­ish Bill of Rights. This, quite frankly, scares the beje­sus out of me. If he’s right does this mean that rights are not uni­ver­sal? they are not human but nation spe­cific. If this is the case then we end up with at best an under­class of people who are ‘sans papi­ers’ and at worst Agamben’s Homo Sacer — someone who may be killed by any­one but not sacrificed.

    I agree with your sen­ti­ments in that the law t’was ever thus. But in a his­tor­ical con­text mostof us wouldn’t have the right to vote let alone protest. The point is that as a soci­ety we are sup­posed to be evolving, we should have put the dark days of repres­sion behind us. This gov­ern­ment did some great things in their first few years, things they were rightly proud of. Sadly they are revert­ing, post 9/11, to the the­ory that the law is nought but orders backd by threats (Aus­tin I think).

  • Stu Peters wrote:

    As a retired Met and Pro­vin­cial Force Cop­per all I can say is, that after the dis­grace of the late WPC Yvonne Fletcher and the realese of the Pan Am bomber, you are lucky to have a Police Force at all. Oh and try it on in France or any other “civ­il­ised” country.

  • Stu Peters wrote:

    I have little sym­pathy with Menezes; he refused to stop, pre­sum­ably because he was an illegal immig­rant; a fact unknown to the officers “on the ground”. His flight served only to con­firm the inform­a­tion that they had received.

    The errors in the inform­a­tion have been well doc­u­mented and like the demise of poor Mr. Tom­lin­son, none of this reflects well upon the Met who seem to be fol­low­ing their polit­ical mas­ters in both stu­pid­ity and lack of accountability.

    I left the Police Ser­vice in the early 80’s when it star­ted to become politi­cised and have seen the Police at work in the USA and in Canada where I now live. By transat­lantic stand­ards I do feel that you have can have little com­plaint over the beha­viour of the Met officers out­side the Hilton.

  • I’m not doubt­ing that but with the imple­ment­a­tion of the European Con­ven­tion on Human Rights into Eng­lish domestic law in the Human Rights Act, 1998 our rights were framed. 3 years later the same gov­ern­ment then began a pro­cess of imple­ment­ing ‘anti-terror’ legis­la­tion which has not stopped and has seen the over qual­i­fic­a­tion of the HRA rights. To under­stand the pro­cess we can split the peri­ods into pre-9/11 and post 9/11.

  • And as a retired sol­dier with more than my fair share of ser­vice in North­ern Ire­land I would say that maybe the Met need some les­sons from the RUC/PSNI. I have been in riots where we were pet­rol bombed, pipe bombed and opened up on with auto­matic weapons yet we man­aged not to kill any­one. While the murder of Yvonne Fletcher was truly awful, at least she had an idea of the occu­pa­tional risks of her job; Ian Tom­lin­son and Jean Charles de Menezes didn’t.

    I don’t think the French gen­darm­erie have ever been accused of being civ­il­ised. The cur­rent clos­ure of the ‘Jungle’ is proof of this. They are vir­tu­ally a para­mil­it­ary organ­isa­tion who live in bar­racks and have a flam­ing gren­ade as their cap-badge!

  • Stu: Actu­ally I have a lot of sym­pathy for the police­men who were at the sharp end of that bungled op. I ques­tion whether they needed to pump quite so many rounds into him but that was there call and I ima­gine after they had shot him once in the head everything after that was aca­demic. How­ever, hav­ing been a part of seem­ingly more com­plic­ated sur­veil­lance ops I still can­not believe that they allowed it to get so far. We could prob­ably argue all day about this though.

    I agree with the politi­cisa­tion of the police and this is of con­cern not just eth­ic­ally but con­sti­tu­tion­ally too. How­ever, just because the States, Canada and France are worse does not mean that an arbit­rary invoc­a­tion of an all encom­passing law is right.

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