We can’t move Commons protesters
without a new law, says council

Protesters in an “ugly” makeshift campsite outside the House of Commons could remain there indefinitely.

More than 50 demonstrators were moved off Parliament Square when their “Democracy Village” was dismantled three weeks ago following a High Court battle with the Mayor. But many simply shifted a few yards to the nearby pavement, and it could take a change in the law before they are moved off.

Westminster council, which looks after the pavement, said the group in 15 tents had “exposed a gap in the law” and it did not have the power to remove them. Colin Barrow, leader of the Tory borough, said if Westminster sought an injunction to move them it could fail, as did the attempt to remove anti-war protester Brian Haw from the site, which he has occupied since 2001.

“Brian Haw has obstructed the public highway for a long time but the courts supported him and we lost,” said Mr Barrow. “The legal situation isn't strong enough. The powers we have are simply not adequate. To take the new protesters to the High Court is an immense use of public money and we may lose. We just don't think we can justify it.” The council is pushing ministers for new legislation making it easier to remove the protesters. Mr Barrow said: “We will have a proposal ready for the Government by September. A new law could be legislated within a year.”

He added that in the absence of a new law, only the police could take action: “These people are clearly obstructing a public highway so the police could use their powers to move them on, but they are choosing not to.”

The Met said it had chosen not to do so as “nothing illegal is being done” and “the protesters have a right to protest there”.

Activists are also said to have given police advance warning about the Parliament Square protest — meaning they cannot be removed under the Serious Organised Crime and Police Act 2005, which requires written notice to be given of any demonstrations within one kilometre of the square.

Sir Malcolm Rifkind, Tory MP for Kensington and Chelsea, said the issue had to be tackled “once and for all”. He added: “This requires some kind of legislation. I think they are a nuisance. They are inhibiting the public from using the pavement and the square.”

The Democracy Village hosted causes including anti-war groups and environmentalists. The protests, which began on May 1, are estimated to have cost £300,000 in legal and clean-up costs. Parliament Square is likely to stay shut for six weeks while it is restored.

I quite agree, Carol Newcombe ("We don't need a yet another "nanny state" law): we should use the laws we already have. There are enough of them, after all!

Also, who's talking about forcing anyone "to end their protest"? I - and most other people here - simply want them to stop fouling up our shared public spaces, that's all.

BTW, you ought to be ashamed of yourself comparing this country with Burma in any shape or form: you're just trivialising REAL oppression.

Croyboy, Croydon, UK, 13/08/2010 15:50


We don't need a yet another "nanny state" law. What happened to our ideals of free speech and the right to have an opinion? Do we really want to become like Burma, where any dissenting voice is subjected to violent suppression? It doesn't matter what these people are protesting about. If we force them to end their protest then we are becoming a totalitarian state. As Voltaire advocated, "I may not agree with what you say, but I will defend to the death your right to say it."

Carol Newcombe, Berkhamsted, UK, 13/08/2010 12:28


To Andrew in France, WHO SUPPORTS THIS ACTION - in caps.
You ask "WHY DON,T EVERYBODY IN ENGLAND WHO ARE AGAINST THE WAR IN AFGANISTAN CAMP FOR A WEEKEND WITH THEM IN THE SQUARE".
The reason is that even if we DID "camp for a weekend with them", it would make absolutely no bl**dy difference, that's why.
What do you think this is? ...A democracy, or something?

Croyboy, Croydon, UK, 13/08/2010 12:08


Completely agree with the majority opinion here. How is it that local councils have no problem enforcing both the law and their own rules when it comes to blocking roads and pavements? ...Or even the SUGGESTION of "blocking" same?
For God's sake, stop acting like limp pr*cks, and get rid of this eyesore.

Croyboy, Croydon, UK, 13/08/2010 08:45


Why can't "His Worship the Mayor" do something to sort this issue out, he can find access to millions of pounds worth of bikes but offer no solutions to a few tents on parliament green.
Some Mayor he is!

stuart, chesterfield,derbyshire, 12/08/2010 20:07


Why not build a 6ft (make that 8ft) high wall along side the pavement and place heavy Oak doors at each end. If they want o stay inside let them. If they go out , no re-entry.

JonVic, SC.USA, 12/08/2010 19:29


Whilst the law is being changed, Westminster Council should erect a temporary fence on the outside of the pavement. This would allow the so called protestors access but would mean that we and valued visitors to our capital city do not have to see this eyesore that nobody has got the guts to deal with, once and for all. I think that you would find that they would soon get bored with the lack of attention and move on and perhaps actually add some value to our society.

Ernest Jones, Ruislip, England, 12/08/2010 19:23


Westminster council should implement daily washing of the pavement.

At 4am.

That would soon clear out this rabble as they will run away like rabid dogs at the first sign of water.

Alternatively they could install powerful sprinklers in the park area, again timed to irrigate and irritate at 4am.

Adam, Harrow, UK, 12/08/2010 19:19


Why not decide to sweep the pavements with a motor powered water sprinkler. Get rid of all the rubbish at the same time.

Surely an existing bylaw does not allow pavements to be cluttered without a licence.

Surely pedestrians have the right to use the whole of a public right of way ? Who is protecting the great unwashed ?

michael, London, UK, 12/08/2010 19:18


I SUPPORT THIS ACTION, THERE YOUNG LIKE THE TROOPS DIEING IN AFGANISTAN,AT LAST I HEAR THAT SOMEBODY IS STILL TRYING TO MAKE A POINT, WHY DON,T EVERYBODY IN ENGLAND WHO ARE AGAINST THE WAR IN AFGANISTAN CAMP FOR A WEEKEND WITH THEM IN THE SQUARE,I WILL START TO SORT MY CAMPING GEAR OUT. EX PARA.LIVING IN FRANCE..ANDREW

ANDREW, MASSIPET..MOLANDIER..FRANCE, 12/08/2010 18:19


I would have thought the Police could move them on, as they are causing an obstruction on the pavement.I once had some bricks delivered on the pavement out side my house, and was told to take them off onto the road as they would be causing an obstruction, even though there was plenty of room to pass , and they would have been laid within an hour.

yorkie, Stratford England, 12/08/2010 18:00


There must be a breach of health and safety legislation here: trip hazards, nowhere to wash, absence of risk assessment statements.... the list goes on. Why on earth are the environmental health people not serving notices on the occupants to comply with the regulations or be evicted?

Simon, London, 12/08/2010 16:53


Stop their legal aid, they have made their point now it's getting stupid. If the police wont do anything make them.

Finally deduct the cost from Boris not the London ratepayeror the taxpayer for pussy footing around, He is truly becoming all mouth and no trousers.

Robert Marshall, London, 12/08/2010 16:24


@ Steven, london
yes point taken , but is that the majority in your opinion ? does that go for all the anti war marches all over the world about any war ? they just like to have a gripe ? maybe some but not all my friend . War is war etc

Rory, london, 12/08/2010 16:22


I own a coffee shop in covent garden.We put an A board outside to advertise our coffee etc. Within a few hours a flunky from Westminster council was around telling us to remove it or they would fine us £500.!Good business destruction from the Town Hall and very strange given the above story.

mark, covent garden, 12/08/2010 16:11


@Rory, London, it is you who is missing the bigger picture.

These people are not protesting on behalf of our armed forces, they are protesting, from an ideological point of view, against war.

If they had their way the armed forces would be disbanded entirely.

They are also campaigning for peace, the environment, "climate justice", land reform, electoral reform etc etc etc. They are essentially just campaigning against government in general.

If it's not one thing they're protesting about, it'll be another.

Don't be fooled into thinking these people are on the troops' side. They are merely anti-establishment and are protesting the war on ideological and political grounds rather than out of sympathy or empathy for our troops.

Steven, London, 12/08/2010 16:07


Smallpox-infested blankets worked a treat on native Argentinians 100 years ago which is why there aren't any in Argentina now.
Alternatively loads of fleas and cockroaches nightly.

gresham, marbella spain, 12/08/2010 15:46


@Michaella,london
did you used to write sketches for Monty Python ?

Rory, london, 12/08/2010 15:40


No need to move the protestors. Just turn the site into a rock garden using five ton rocks. That's what is done in Ireland to keep people off the grass.

albert hall, hove england, 12/08/2010 15:30


Great news for tourists. Just bring your tent and stay in a prime location in London for free. Think I'll rent out my flat for the rest of the summer and join the happy campe..., sorry, I mean protesters, myself.

Paul H, London, 12/08/2010 15:30


No need to move the protestors. Just turn the site into a rock garden using five ton rocks. That's what is done in Ireland to keep people off the grass.

albert hall, hove england, 12/08/2010 15:29


Get red ken in mickinlondon and this will be common practise.

terry, london, 12/08/2010 15:11


Why don't we have the pavement rebuilt using slabs with little protuberances which will make it impossible for people to sit on or to stand on them for a long time?

Michaella, London UK, 12/08/2010 15:08


you all seem to be missing the whole point of them being there in the first place ! any of you miserable lot had a family member in the forces in the middle east? or lost one to this unwinable war against a predominatly invisible enemy ? well it seems to me they are not just a bunch of crusties with a dog and a bowl but people who are angrier than obviously you are about the state and the deployment of our yes OUR armed forces . Please do try and see the bigger picture while you are chilling on your comfy sofas eh ?

Rory, london, 12/08/2010 15:01


Some of the soldiers who this lot supposedly represent would love an extra civil unrest training exercise to clear them out.

Don, Sheen, 12/08/2010 14:15


Come on cyclists. These people are preventing you from exercising your democratic right to cycle on the pavement.

BJ, East London, 12/08/2010 14:08


As much as I think they should be moved on we have to be careful not to completely outlaw our right to free protest.

bobby, berks, 12/08/2010 13:59


You don't need a new law to move the pavement protestors, you just need a couple of large dogs and a bulldozer

Ian, Bedfordshire, 12/08/2010 13:58


Seems strange that the police don’t request these people to move on as they are blocking the public way
If one parks ones car on the path one gets quickly a ticket

David Skeggs, Paris France, 12/08/2010 13:54


This is surely the product of the Ministry of Justice's 'egalitarian' approach to its work at its most incompetent NewLabour best. The new government should do some fast law making to deal with this sort of abuse of the system. It takes advantage of the good nature of those that are more productive. After sorting the incompetence in the system in dealing with this it would be sensible to then stop harassing the law abiding majority with petty and irrelevant laws.

John, St Albans, 12/08/2010 13:52


Lets all have a protest about the protesters protest? Why are the authorities so powerless over left wing dirtbags yet clamp down with all sort of laws as soon as someone mentions BNP, EDL etc?? And on a seperate note, why do so many climate change / enviromentalists etc smoke? Surely polluting the air with toxic cigarette smoke is bad for the enviroment and also the use of paper, the filters that take years to biodegrade , the use of resources to grow tobacco over food, the transport of tobacco around the world etc etc!!

David W, North London, 12/08/2010 13:50


The Met said “the protesters have a right to protest there”.

But surely not a right to LIVE there, which is what they're doing!

If you're allowed to freely set up home in public spaces by disguising your encampment as a lawful protest then why don't the homeless charities just hand out tents and placards and tell vagrants to set up camp wherever they like.

I knew the decision on Brian Haw's protest would come back to haunt us and open the floodgates to all sorts of neverending protests!

Ricky, London, 12/08/2010 13:38


Stop worrying about the opinion of the wet left and take stock of the opinion of the majority. Move the scum off every day, by force if necessary, until they stop coming back.

BJ, East London, 12/08/2010 13:35


This is the council that went after gay businesses in Soho that had rainbow flags on show, saying that they didn't have planning permission and had to be removed.

They can go hell for leather (pardon the pun) over a few harmless small pieces of material hanging outside a building out of public reach but can't move this health hazzard ?????

Lee W, London, 12/08/2010 13:19


Only in this stupid run country. Like the lady who's house has got a sqatter living in it. Just kick her out with help from a few friends and #od the council & law.

Grim Reaper, Hell, 12/08/2010 13:16


So the council give you a fine and a ticket when you have a tyre up on the curb when you park, but they cant do anything if you pitch a tent up on the pavement

Dal, Bromley, 12/08/2010 13:15


So make a new law!
Professor Umbridge would have....

SMB, London, UK, 12/08/2010 13:05


Where do they wash and go to the toilet? Lazy sods, why not get a job and do something useful!

Claudio, London, 12/08/2010 13:03


Nepalm? Move them on and sanatise the area in one go!

Peter M, Abu Dhabi, UAE, 12/08/2010 12:34


This sums up the UK law system, does this mean travellers can park themselves on any pavement in the country?

Tojo, Hythe Kent, 12/08/2010 12:08


How is it that several local councils have ordered shopkeepers to remove signs etc from in front of their shops as it is obstructing the footpath? Surely these 'people' are causing an obstruction.

Patrick, Dalston, 12/08/2010 12:04