Brian Haw (page 104)

A long-running anti-war protest in Parliament Square — relied on by the Prime Minister last month to demonstrate that civil liberties had not been curtailed — will be reduced in size as the result of a ruling by the Court of Appeal today.
The Home Secretary, John Reid, won his appeal against an earlier ruling (see entry for July 2005) that allowed Brian Haw, 56, to continue his demonstration despite new legislation designed to restrict it. The Serious Organised Crime and Police Act 2005 makes it an offence to demonstrate in a designated area if, “when the demonstration starts”, the police have not given authorisation. Mr Haw persuaded the High Court last July that the law did not apply to him because it was not in force when his demonstration started almost five years ago.
Today, the Master of the Rolls Sir Anthony Clarke, sitting with Lord Justice Laws and Lady Justice Hallett, said that Parliamentary language depended on its context and need not always be construed literally.
Parliament’s intention was clear. “It was to regulate all demonstrations within the designated area, whenever they began.” Any other interpretation, the judges added, “would be wholly irrational and could fairly be described as manifestly absurd”.
The ruling means that Mr Haw will need police permission to continue his demonstration. Unless he complies, he will face arrest.
Asked about the ruling at his makeshift shelter in Parliament Square, Mr Haw did not comment directly on but turned angrily on reporters.
“Five long, bloody years ... do you understand why I’m angry?” he demanded.
Shami Chakrabarti, director of the human rights group Liberty, said the ruling demonstrated that the right to protest was under severe threat in Britain.
“The Prime Minister recently criticised those who fear civil liberties are being eroded in this country. He pointed to the existence of Mr Haw’s flags and banners in Parliament Square as proof the right to protest was safe with him.”
Unfortunately, she added, that right was now under threat.

Posted at May 8, 2006 01:00 PM