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For immediate release

22 July 2005

Parliament Square protester challenges new ban

Brian Haw, who has been conducting a non-stop peaceful protest outside Parliament since 2001, is to challenge new laws designed to curb his protest. The High Court is to hear his case against Charles Clarke, the Home Secretary, and Sir Ian Blair, Commissioner of the Metropolitan Police, on Tuesday 26 July.

A fifty-six year old committed Christian, Brian has been protesting against the Government’s policy in Iraq - initially the sanctions regime and later the war – and genocides around the world, non-stop for 4 years. He sleeps in Parliament Square and has become a feature of the parliamentary scene.

Brian Haw said:

‘The Government clearly do not want me as a constant reminder of the immense suffering they are causing the people of Iraq. For centuries, British citizens have had the right to protest outside the Mother of Parliaments. Now this is to be left to the diktat of the police’.

His solicitor, David Thomas of Bindman & Partners said:

‘Whatever the Government may have intended, we think the wording of the Act is clear. It does not cover demonstrations which started before 1 August 2005. If Brian wins this case, the new system will remain in place for everyone else. However, it will be susceptible to a human rights challenge, as it strikes at the heart of the right to peaceful protest’.

For further information, please contact:
David Thomas: 07941 657064

Note to Editor

1. The provisions in question are sections 132-138 Serious Organised Crime and Police Act 2005. On 1 July 2005, the Home Secretary brought in the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005, defining the area in which people organising or taking part in demonstrations must get permission. A map showing the area is on the Home Office website. It includes Parliament Square and Whitehall but for the moment excludes Trafalgar Square

2. The High Court ordered an urgent hearing because Brian needs to know whether he should apply for authorisation for his demonstration before 1 August 2005. The hearing will take place at the Royal Courts of Justice, Strand, London, on 26 July probably at 10.30m. The case number is CO/4803/05

3. In 2002, Brian (again represented by Bindman & Partners) successfully fought off an attempt by Westminster City Council to evict him. Westminster argued that he was obstructing the highway but Mr Justice Gray ruled that his rights to freedom of speech and assembly under Articles 10 and 11 of the European Convention on Human Rights prevailed. It is these rights which will be relied on in any future human rights challenges.