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Immediate press release
Friday 5 May 2006

COURT OF APPEAL DECISION MONDAY 8 MAY ON PARLIAMENT SQUARE
PROTESTOR'S RIGHT TO STAY

10am, Monday 8 May 2006, Court 71, Royal Courts of Justice, The Strand, London

After a Court of Appeal hearing on 2 April, three judges will on Monday present their decision in a case that will determine the legality Brian Haw's demonstration.

The peace protestor Brian Haw has been staging a continuous peace demonstration opposite Parliament for nearly 5 years. He has been to court many times to defend his right to protest against the government's foreign policy in Iraq. On Monday he will again be attending court to hear the case to be allowed to continue his presence in Parliament Square.

The Home Office and the Metropolitan Police are appealing a High Court judgement made in July last year which found that the law that had been passed specifically in order to remove him from Parliament Square did not apply to Mr Haw.

Mr Haw's demonstration had been seen as lawful since he won his first High Court victory in October 2005. [A] In 2005 the government included new measures within the Serious Organised Crime and Police Act (SOCPA) to legally evict him.

However, when drafting the law, the government specified that demonstrations must have authorisation from the Metropolitan Commissioner before they 'start'. Last year, Mr Haw's defence team argued in court that it was only in secondary legislation that continuous protests such as his were covered. The judges found that the new law could not be applied retrospectively and did not apply to Brian Haw and that he could continue his protest without authorisation from the police. [B]

At the hearing on 2 April, the Home Office, the Metropolitan Police (as an interested party) and Mr Haw's legal team all made submissions based on arguments about what the relevant sections of the law say and how they should be interpreted, what Parliament's intention was in passing the law and the legality of the extra measures included in the secondary legislation.

If the appeal does not go in Mr Haw's favour he could face immediate eviction
proceedings. However, his legal team will argue that Mr Haw be left alone until the outcome of an appeal to the House of Lords is known.

There have been a total of 12 convictions to date under Section 132 of the SOCPA legislation which bans unauthorised protests near Parliament. [C]

CONTACT & INFORMATION:
There will be a demonstration in support of Mr Haw outside the Royal Courts of Justice from 9.30am.
For more information contact 07791 486484 or his solicitors Bindmans and Partners on 020 7833 4433, info@parliament-square.org.uk, www.parliament-square.org.uk

NOTES:
A. www.guardian.co.uk/print/0,,4515616-103690,00.html

B. www.guardian.co.uk/antiwar/story/0,,1539340,00.html

C. The provisions in question are sections 132-138 Serious Organised Crime and Police Act 2005. See www.parliamentprotest.org.uk and www.parliament-square.org.uk/defendaction.htm for details of protests against the new law and arrests.