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Concern over use of anti-terror powers

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23rd March 2009

A cross-party committee of MPs and peers has expressed concern that police forces are using anti-terrorism powers against peaceful protestors.

Monday's report from Parliament's Joint Committee on Human Rights also called for a series of steps to be taken to ensure officers do not hinder free speech in their policing of demonstrations and protests.

The committee said that there could be circumstances were intelligence leads police officers to believe that a protest could be used as cover for terrorism.

But they add that "we have heard of no examples of this issue arising in practice".

"We are concerned by the reports we have received of police using counter-terrorism powers on peaceful protestors," they said.

"It is not clear to us whether this stems from a deliberate decision by the police to use a legal tool which they now have or if individual officers are exercising their discretion inappropriately. Whatever the reason, this is a matter of concern."

In another conclusion, the committee decided that "the maintenance of access to Parliament is a persuasive reason to restrict the rights to protest and to freedom of assembly within the areas directly around the Palace of Westminster and Portcullis House".

But they added that the existing legislation was "too heavy-handed", while advance notice of demonstrations should not be a legal requirement.

Committee chairman Andrew Dismore said: "The right to protest is a fundamental democratic right and one that the state and police have a duty to protect and facilitate.

"Of course there is a balance to be struck between the rights of protestors, the police and the public, including protest targets, but the state must not impose restrictions unless it is necessary, and proportionate, to do so. That is a high threshold.

"The presumption is in favour of protest without state interference. We believe there are changes to the law and practice that are needed to make that presumption a reality."

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