Uncorrected oral evidence: Security, safety and protest: the role of human rights, HC 163
Oral evidence, 28 October 2026.
Chair
Welcome to the Joint Committee on Human Rights public evidence session on security, safety, and protest. The Joint Committee on Human Rights is a committee of both Houses made up of 12 members from a broad range of political backgrounds. Today we will be looking into security, safety and protest and we will be hearing from three witnesses: Liz Webster, founder of Save British Farming; Peter Leary, deputy director of Palestine Solidarity Campaign; and Rahila Gupta, trustee of Southall Black Sisters. As members will be aware, the sub judice resolutions of both Houses mean that live legal cases should not be discussed in parliamentary proceedings. Please remember to avoid referring to any live legal cases in our discussions today. I also remind the gallery that you are here to observe and not take part in the meeting in any way. I will start the questions. You have all been involved in organising protests in the past few years. Have you noticed any change in the actions of police towards your events in that time? We will start with Mr Leary.
Peter Leary
Over the past three years in particular we have been involved in organising a large number of protests in response to what we regard, and others widely regard, as Israel’s genocide against the Palestinian people in Gaza. We have experienced a level of policing and type of policing that is not familiar to us from the past and it is not familiar to our members, colleagues, and partners who in some cases have a very long track record of organising protests and demonstrations, going back decades. That includes the routine use of the public order legislation to impose restrictions on our marches, restricting the time, duration, routes and end time of marches, and in some cases preventing us from protesting at places where we would have wished to protest—for example, at the BBC or the Israeli embassy or other sites that we regard as sites of legitimate protest that we want to protest at. As I say, the use of conditions is a new experience. I will explain what I mean by that. We speak to the police prior to the demonstration and discuss the route of the march and the time we plan to set off, and we reach agreement on that. Then usually the day before or a couple of days before, the police impose conditions. Say we said we were assembling at 12 and will set off about 12.45. The police impose conditions saying, “You must have set off by 12.45”. Theoretically, if we are still there at 12.50, we could be charged with violating the order. Similarly, people taking part in the march must follow that particular route, Again, theoretically, someone who leaves the march to go to the toilet, even, could potentially be in breach, in violation, of those orders imposed by the police. We say we hope to be finished by 4.30 and then a condition is imposed saying, “You must be finished by 4.30”, again, putting on extreme pressure. We often have speakers at the end of the demonstrations: Members of Parliament, trade unionists, Palestinians who have lost families—the Palestinian ambassador often speaks. People do not always stick to time but, because of the way in which these orders are used, it could be an arrestable offence if people are still speaking at 4.35 when we said we were aiming to finish at 4.30. That is a very new experience, and it has developed over the past few years.
Chair
I will ask a follow-up question before I move on to Liz Webster. You have said that technically, they could make arrests if you run over time. Have they made arrests?
Peter Leary
No one has been arrested for running over time, but we have been very fearful of that. We have had situations where the final speaker is speaking and we are getting agitated and the police are approaching the stage, and we are pushing that. We have had situations where conditions have been imposed. On one occasion, for example, conditions were imposed governing where people could be in various parts of Whitehall at various points during the day. People were arrested literally for finding themselves on the wrong side of the road at the wrong time. There can be confusion and uncertainty. The other thing, as I say, is that it creates a sort of chilling effect. We have also had occasions where speakers have not spoken because we were running out of time. That affects freedom of people’s expression and their ability to address the rally. While they have not been arrested, it has obviously had that suppressing effect.
Chair
Liz, what is your perspective on this?
Liz Webster
We did the first demonstration in London during 2020 and the Covid years. Our experience is probably a little bit the opposite. It was much tougher when we first started. It was the first time tractors had ever really been brought to London in any number, so the police were quite concerned about what we were going to do. They were helpful but they were sort of, “Don’t do this” and “Don’t do that”. There was a lot of mistrust to begin with. We did another bigger one in 2024, and they were going around checking our machinery and making sure it was legal. It was a slightly different protest because it was a moving vehicle protest. When we came to do the much bigger protests at the end of 2024 and in 2025, by then we had built a better relationship with the police. They knew who we were, and we spoke to them and had meetings with them ahead of the protests. We knew what the parameters were and we decided to work with them as much as we possibly could. It improved. It was much tougher in 2020, probably because of the Covid restrictions as well. All in all, it got better for us. Also, I was clear with them that we never wanted to see anyone participating in a tractor protest go on the wrong side of the law. We were adamant that we did not want to see any farmers arrested. That would not have helped us or them.
Chair
Have you had any of the issues Peter has had with time restrictions, threats of arrest, people maybe straying off a tractor route and being arrested?
Liz Webster
Legally, there is a slight difference between a moving vehicle protest and a physical protest of people. They at times were saying, “We want you to finish at this time”, and you cannot always guarantee that you will get rid of people. Some tractor drivers decide to hang around and park in Whitehall afterwards and go for a drink. We did everything we could to make sure that we did what the police asked us, because we felt it was more important for the protest to go well and positively and we did not want to have a negative relationship with them. When they came through to us and said, “We want you to clear Whitehall now”, that is exactly what we did. We did our best to do what the police asked us to do, but we had to consider that it is a vehicle protest and we did not want to get in the way of hospitals. We did not want anything that would cause significant problems for London or for the people in London, so we tried to do everything we could to work with the police as positively as possible, and that has helped us. We have built a good relationship with the Met and that has made it more positive, so it is an opposite experience.
Chair
Rahila, what is your perspective on this?
Rahila Gupta
First, thank you very much for inviting Southall Black Sisters to talk on this important subject. I want to make my comments a little bit broader than those of my colleagues here, and to start with the really simple point that we would not be here today if we had not been out there on the streets continuing to make our voices heard. The right to protest is very important to us, and it is also the right to belong, which I think is very important for racialised minorities. As we know, the right to belong is enshrined in Article 15 of the Universal Declaration of Human Rights, and, of course, Hannah Arendt has talked about the right to have rights. I wanted to start with that introduction. I do have some provisos, and it goes back to the fact that we cannot separate the policing of protests from our experience of policing generally. We come from a history of the Mangrove Nine, the Bradford Twelve and, most recently, the King’s Cross Three, when our director, who is sitting right behind me, was bitten in a racist incident on the Tube and the police arrested her for common assault. We fought the charges, which were dropped, but I am giving you this incident to explain how our experience of policing comes from a particular bias, if you like, but a bias that we feel is justified by our history. This might feel a little bit too far back, but it is relevant to the point I want to make about the two-tier policing. I am sorry to use that term because I think it has been usurped by the likes of Nigel Farage, but I come at it from a totally different point of view. The Southall Black Sisters came up in 1979 when we had the National Front wanting provocatively to hold a meeting in Southall, a predominantly Black and Asian area. They brought in the special patrol group on horses, criminalising and arresting Black and Asian men. We are still living with that double-edged or light-touch policing of the far right, whose right to protest seems to be better protected than ours. Having gone back 50 years, then fast-forward to last year when we organised a demonstration outside the Home Office to protest against earned settlement in the new immigration proposals—these are still proposals. We were really anxious that the far right would turn up and do a counterprotest, so we did not even advertise this demonstration on social media. You might say that is a bit of an own goal because it is self-defeating if you cannot bring the numbers together. That was our anxiety—the men who had appeared outside asylum centres and immigration hostels. The situation is dominated by men who have criminal convictions for racial and sexual violence. They have been known to photograph women leaving these centres and to put that on social media. With these sorts of dangers, we were worried about how we mobilise, how we bring our women into what could be a potentially dangerous situation. Our entire work is about restoring confidence to women, reclaiming the streets, restoring their autonomy. This two-tiered policing is problematic. The second proviso is that, unlike my colleagues here, as I have just mentioned, we have organised a few demos and mostly marches through Southall, but that is not our primary tool for protest. I will be talking from our experience of participating in marches, many of them organised by the Palestine Solidarity Campaign. From that experience, I would argue that the law has now caught up with policing. What I mean by that is that what were heavy-handed measures in the past now have legislative backing. It probably goes even further, in that, if you talk about things like the excessive noise clause or facial covering and so on—
Chair
We will come on to those issues later.
Rahila Gupta
Yes. I am not going to talk in detail. I am just going to say that those were proposals that the police may only have dreamt about in the past. If the law gives tools to the police that are not proportionate, any reassurances that the police will use those proportionately do not reassure us.
Afzal Khan
To what extent do you see the police as the facilitators of protest and to what extent as an obstacle? Have you changed your protest approach in response to the changing restrictions?
Peter Leary
As I indicated in my previous answer, we always make sure we inform the police. We discuss things with the police ahead of our protests. We understand that they have a responsibility to facilitate protests, but also, we want to do so because we are bringing large numbers of people. These are often very large events and contain a wide range of people. Disabled people, elderly people, people with children and young families come on these marches, and we want to make sure that they can do so safely and participate effectively in the aims of the protest, as well as addressing the practical things. We want to make sure that the roads are closed so that we are not walking headlong into traffic. For all those reasons, we always seek to engage with the police. I would not characterise the approach of the police as one in which they are seeking to facilitate us to exercise our rights. I think they are seeking to use the powers at their disposal to limit and curtail our rights. That includes, as I said, preventing us for several years now from marching to or from the BBC—somewhere we have wanted to be part of our national demonstrations—from protesting at the Israeli embassy, and sometimes imposing restrictions that make it very difficult to protest in a normal or standard way at all. An ironic example is the day the Crime and Policing Bill, which contained a number of what we regard as restrictive anti-protest clauses, was debated in Parliament. We organised a protest outside Parliament on the day. We discussed with the police the location of the protest and where it should be sited. With an hour to go, they imposed a restriction banning us from using megaphones. Megaphones have been a feature of protests and demonstrations since before I was born. That means it is very difficult to communicate with the people who have gathered. The day we held the rally we had to shout, which gave us all a sore throat. We were banned at very short notice from using that normal feature you would expect, which would enable you to communicate with people who have come together and to get the message of your protest across—but also for safety reasons, if you want them to move and so on. Certainly, our feeling is not that the police are seeking to facilitate us to make our protests—throughout the country, in fact. Many times we have felt that their approach is that we are not really people going about our lawful business at all. We are people engaged in a quasi-criminal activity by taking part in a protest. Protestors perhaps exist over here, and the public exists over there, and the police’s role is to protect the public rather than to facilitate those members of the public who wish to express their democratic rights.
Liz Webster
In the beginning, after the farm tax was brought in, there were efforts by other people in the farming community who wanted to block supermarket depots. Going back 20 years, that would not have been illegal. I had the view that from our perspective, we wanted to run a PR campaign, and we wanted to get a positive press and to get people on our side. I did everything that I could to stop that block happening, despite the fact that that probably would have received more attention, because food supplies would have been interrupted and people would have understood the impact of what the farm tax means to them personally. Were we able to do what we wanted to do? No, but what we decided to do was to keep within the parameters of the law. In my view, the more that we try to push the law and put the police in a position where they are going to start being heavy-handed with us, it would probably give more freedoms for the lawmakers to inflict more laws on protestors. There were two things on my mind. One was getting the message through, which is about everyone’s food, not just the farmers, and also trying to show that protesting in this day and age is not the same as it was when Emmeline Pankhurst strapped herself to the railings, because we have social media and television 24/7. I was very keen to try to get a positive campaign out to make sure that people heard the message, and to make it as orderly as possible. Controlling people in a protest is like herding cats, and that is difficult. I also respect the job that the police are trying to do. It is not their fault that the laws are coming through. Maybe some of them agree with the laws, maybe some of them do not. We are all humans, at the end of the day. I felt that we needed to try to get to a point where we were saying, “Look, these things are happening to British farming, which means it will impact your food, which impacts all of our human rights as well as access to food”, and to try to do that as positively as we can. That is how we decided to approach the situation with protesting, and I think it has been more successful from that point of view because we found a narrow way through it. It was Covid that got us into the vehicles, because we would not have been allowed to do a physical protest in 2020, but we were allowed to. It was outside of the remits of the Covid laws to do a moving vehicular protest. In doing so, it gave us the opportunity. We have big machines, which is fortunate, so we are able to be seen. It looks as if we are being treated differently but we are not, really. We are trying to do the same thing; we are trying to communicate. I suppose that is what protesting is. We are trying to communicate so that people know what is going on in their country and what it means for them. There is an element of people wanting to express their frustration with whatever they are protesting about, and, as organisers, I think that responsibility is enormous because you cannot control everybody and the law is quite frightening. I do not want to go to jail, and I do not want anyone else to go to jail and end up with a criminal record either. It is a big thing to do a big protest. It is a huge amount of responsibility.
Rahila Gupta
As I said earlier, we are not primarily organisers of marches, we are participants, so I do not have anything to communicate.
Chair
We will now move to a series of questions from Baroness Lane-Fox on police engagement and then understanding of protest law.
Baroness Lane-Fox of Soho
You talked a bit about this earlier, so I do not want you to have to repeat answers. I think we all appreciate you have slightly different levels of direct engagement with liaison groups as part of the police, and with the police directly in your case. I am interested more in the solutions for some of this. For a starting point, I am assuming that Peter has a low level of trust in some of the police liaison groups that you meet and how they are working with you, but please correct me if I am wrong. I am interested in, first, if that is the case; and, secondly, how you meet with them beforehand—talk to us a bit about that—what barriers there might be in overcoming that trust issue and what you propose as a solution.
Peter Leary
We have a mixed experience of different police officers that we deal with. Maybe this is the wrong way of viewing it, but our marches have been a major issue of national controversy over the last number of years, following various comments that have been made. The chief inspector of the Metropolitan Police has made numerous public comments about our marches, which we have rejected and objected to and so on. There are a number of people who refuse to meet with the organisers of the marches, so I think from the top down there is a willingness to engage with political conversation about marches but not a willingness to engage with those responsible for organising the marches. That is often reflected in some of the operational policing that we also deal with, which often places conditions on engagement. For example, we had a situation in May where the police refused our route for our annual Nakba Day commemoration march. They proposed an alternative route, and we had some concerns about it. There was a major far right demonstration taking place in London on the day, in the context where some of those groups had previously tried to violently attack our march, most famously on a date in November 2023. We had concerns about the route. We wanted to meet with them, and the police took the position that they would only meet with us once we had agreed to the route they were proposing. They were refusing to engage in dialogue with us unless we met certain conditions. We have had similar experiences whereby, right up to the week of the demonstration, the police have been threatening to or saying that they will impose conditions on our march, including the formation point, which is obviously the most important thing—we have to be able to advertise in advance where people need to arrive—but refusing to tell us what those conditions might be and instead saying, “Can you come up with an alternative?” and so on. My experience is that the law has given the police a lot of powers to impose conditions, often at very short notice so they are not subject to and cannot be subject to any legal scrutiny, or we would have no opportunity to seek any legal redress, given the timescales involved. That creates a disincentive for the police to engage in any kind of good-faith discussion with protest organisers, because they know they can ultimately just impose conditions and there is very little we can do about it.
Baroness Lane-Fox of Soho
If you had more communication, what would you suggest would be the most important?
Peter Leary
I think it comes back to the issue of greater pressure on the police to recognise their responsibility to facilitate demonstrations, which I do not think they quite appreciate now.
Chair
Since you raised the Nakba Day march, I was going to ask this later but I will ask it now. I remember very well the difficulties because of the Tommy Robinson march on the same day and the pressures that put on your organisation. You mentioned that your route was in part determined by the fact that Tommy Robinson had decided to have his event—or whatever you want to call it—on the same day. There was contention in the Jewish community about the route of the march because it was proximate to Westminster Synagogue. Was that route decision due to the Tommy Robinson event, and would you normally choose not to march close to a synagogue or place of worship?
Peter Leary
There is certainly absolutely no intention of ours to march close to or pass or target any place of worship in any way. That is not part of our intention. It is challenging. Sometimes what the Metropolitan Police determine as “near to” or “in the vicinity of” is quite expansive. I have mentioned the BBC, and we have been prevented from marching there owing to a synagogue several streets away. The occasion I was referring to when the police refused to tell us what conditions they were going to impose related to Hyde Park, a long-standing historic site of protest and assembly. We did not know at the time, but it related to a synagogue I think about 12 minutes’ walk away. The challenge is that there are very few places in towns—and certainly not in central London—that are not within those kinds of distances of a place of worship of one kind or another. These are quite large distances. They are far beyond the exclusion areas that—in my view, quite rightly—are imposed around abortion clinics, for example, to protect those using those services, far beyond the protections given to accommodation for asylum seekers, to give another example, where there are very threatening protests often happening right outside. It is difficult, the issue there. The route, as I say, was imposed on us, it was not particularly a route of our choosing. There are challenges in organising protests in that sense.
Chair
I do not want to labour this too much, but would it be helpful if an exclusion zone were closely codified in law so that it was clear what the police could ask and what you would have to adhere to in your planning?
Peter Leary
We would obviously reject any suggestion that our marches in any way represent a threat to people who wish to use their place of worship, including people who wish to visit synagogues. We would point to the very clear messaging in our marches of opposition to antisemitism alongside all other forms of racism—Islamophobia, anti-Palestinian racism—and the fact that large numbers of Jewish people participate in the marches. Many of them are marching as part of an organised Jewish bloc, as platform speakers in all of the marches, including, often, Holocaust survivors speaking at the demonstrations. However, that lack of clarity and discretion that is given to the police, among march organisers and among the public, leads to a false impression often. For example, Mark Rowley has said that when we march, we try to march near a synagogue, but he means 12 minutes’ walk away, whereas when that gets interpreted, it means past the very door or on the doorstep. That undoubtedly will create a false perception and may indeed create fear in certain communities about what the intentions of the marches are. Yes, some clarity on that would enable people to understand what is and is not happening in relation to these marches, for one thing, but it would also help us as march organisers to facilitate that.
Baroness Lane-Fox of Soho
The same question to you, Liz, on your engagement with the police liaison and your experiences of that and how you might suggest that issues could be made better.
Liz Webster
I had never arranged a protest until 2019. That was the first time, when we brought sheep to London and People’s Vote organised all of that. It was quite a big step to first do it, and it was daunting, I suppose. You are not quite sure what is expected of you in London. However, once I breached that barrier and made connections with certain people in the Met, it got a lot easier. The communication channels opened, I got to know them, they got to know me, and we were able to have a dialogue and say, “Can we do a protest next week?” They would say, “That’s a bad day, Liz, because so and so is coming over and we have this going on”. That was fine. It was inconvenient, and perhaps on a given day we would have wanted to do something, but I understood that their resources are stretched. I took the view and I still take the view that I want the protest to be positive, not negative, so I recognise that we have to work with them. I suppose that if there is more communication on that—what I would say to somebody who is organising a protest in London is, “What do you want to achieve? Are you doing it because you just want to let off steam, or are you doing it because you are communicating and trying to further that issue, so that Parliament acts on the issue you are upset about?” That was the view that I took. As a citizen, I am concerned about the creeping laws that are restricting us to do these things. I honestly can say that I never want to be arrested and have a criminal record, and I would not want to be responsible for anyone else doing that either. I am acutely aware of the fact that those laws have become more illiberal. I am also aware of what happened in Hong Kong and how that slippery route continues. Therefore, I did not want to be responsible for provoking that and shutting down protest even further, which is a fundamental human right.
Baroness Lane-Fox of Soho
Thank you. Rahila, you have said that you do not directly liaise with the police on protest, but do you have any reflections, taking part in so many of them, and any particular suggestions about how trust issues could be overcome?
Rahila Gupta
The first thing is that I take your point completely about the dangers of getting a criminal record as a citizen. However, what if your right to protest and anything that you do on that protest takes away your ability to continue to live in this country? That affects the people we deal with, because for a lot of both the workers and the women we deal with, their right to remain in this country is affected by the Immigration Rules. That puts us in a completely different situation from the ordinary citizen who, rightly, fears the policing of protests and fears arrest. Because the immigration rules are quite complex, I want to refer to my notes so that I do not get it wrong. One of the big issues is this proposal of the earned settlement route. These are still proposals and it is within your remit as lawmakers to reverse them, because there is a good-character test that has a direct impact on this issue about participation in protest. This earned settlement route, which Andy Burnham seems to be supporting, is through economic contribution, high earnings, and good character. That is one of the big issues in relation to this. Previously, you had an automatic right to permanent residence after a period of five years. Now the length of time can increase from anywhere between 10 to 20 years. This intersection of the good-character test and these expanding protest laws carries significant human rights implications for non-citizens of the UK. Therefore, these policies alter how fundamental rights are exercised. Any of the serious disruption offences that are in the law at the moment—locking on, blocking the highway—all carry prison sentences of up to 12 months. There is a persistent offender clause that can catch anyone who is engaged repeatedly in acts of civil disobedience. They can receive cautions, or there are minor convictions. If there are three provocations, or you accept a conditional caution to avoid court, it could affect your ability to remain in this country. That is a big problem for us. The other issue concerns Section 22 of the Criminal Justice Act 2003. It gave the police and the CPS the power to issue conditional cautions to foreign nationals. They were known as undocumented migrants at that point. The new law in 2026 has expanded that to all foreign nationals who hold valid but limited visas in order to enter and remain in the UK. Some of the categories that affect us—they affect us because we have workers drawn from these categories—are skilled workers on employment visas, individuals on family visas, international students, and recognised refugees or victims of human trafficking. Many of our workers, and women, fall into one of these categories. We are not talking about a small number of people. These numbers are sizable. The people who are subject to the no recourse to public funds measure number somewhere around 4 million. The figure will only grow, given earned settlement and the refugees. All of this has a huge impact on our ability to participate in protest.
Baroness Lane-Fox of Soho
Thank you. I think we have a sense of how you might answer our next question, which doubles down on how you see the changes that have been made to the law and public order and protest in recent years. Overall, do you think these changes have made it more or less clear when protest becomes unlawful and when police interference is justified? It is a broad question. Peter, you have answered some of that, but is there anything that you would like to add about the expansion of the law?
Peter Leary
As I have probably indicated, it has become much more difficult for us. The police have a lot more powers to effectively prevent protests by imposing conditions on it that make it difficult if not impossible to organise a protest. We have had experiences where, for example, we wanted to protest at the Israeli embassy in response to the passing of a death penalty law that applies only and exclusively to Palestinians, whether in the occupied Palestinian territory or Palestinians with Israeli citizenship. Clearly, the target of such a protest is the Israeli embassy—the Government are responsible. The police, with an hour’s notice, imposed conditions on us to move us to Downing Street. We did go ahead with it, but effectively we are not protesting against the body that we wish to be. We are not able to because they have those powers to move us. I mentioned the occasion that was, I felt, extremely ironic, when we were at a protest in response to the Crime and Policing Bill and the anti-protest clauses in that, and we were banned from using megaphones and we had to shout. On the day that famine was officially declared in Gaza, we were banned from banging pots and pans at a protest. We were banned from using megaphones or amplified noise on the day when the President of Israel visited Britain and we wished to protest in response to that. This silences protests and makes them much less effective, and it makes it much harder to organise them and to communicate to people the location of a protest.
Baroness Lane-Fox of Soho
May I ask you a supplementary and ask all of you in advance what would you propose to change? What would be your biggest ask of a change in legislation?
Peter Leary
Where to begin? There are many, many things and it is very hard to prioritise them. The proscription of Palestine Action has created a hugely chilling climate for anyone wishing to engage in protest or express themselves at all in this country. It is absolutely shocking, the consequences we have seen—huge numbers of people, often elderly and disabled people, being arrested simply for holding signs. The implications of that do not stop simply with those protests. They send out a clear message about the attitude of the police and the Government in this country to freedom of speech and freedom of expression. Even though that is not a protest I am involved in myself or that we are involved in, that would be one thing.
Baroness Lane-Fox of Soho
I realise that it is hugely complex.
Peter Leary
Charges are being pursued against people for taking part in protests of a variety of kinds, and there has been a wave of anti-protest laws. Perhaps I would go chronologically and start with the Crime and Policing Bill and go back to the Police, Crime and Courts Bill and work backwards that way, but there has been so much that needs to be looked at and addressed.
Baroness Lane-Fox of Soho
Thank you. I will ask for reflections on whether you think that any clarity has been provided by the recent legislative changes. Liz, the same question again: what would you suggest as changes to what is, I realise, a complex landscape?
Liz Webster
The kneejerk reaction to keep legislating in response to protest—which is happening because of economic changes, which are also linked to immigration and other changes, particularly over the last 10 to 15 years—is just the wrong thing. It also makes the police’s job probably a lot harder, because they have to tick boxes as well in all of this. I am scared of it becoming an illiberal police state. That is not a country that I want to live in, and it does feel that we are edging closer to that. It does mean that you are less likely to want even to get involved in protest, or certainly managing it, because the responsibility sits with you. That is telling you that that is fundamentally wrong, if you believe in human rights. I do not think that more legislation is the answer, but probably a pulling back from that. That also involves properly funding our police, who are, I know, overstretched to manage these different demonstrations. You have austerity, which has made everything worse as well. Politically, you have asked me a very difficult question and, yes, there is a lot that needs to be looked at. We are not in a good situation in having this going on. Certainly with Palestine Action, that police resources are having to arrest people for holding a sign is ludicrous.
Rahila Gupta
I have to echo everything that has been said before me, and I think we should be looking at repealing a number of these laws. Certainly, the serious disruption prevention orders should be repealed. The whole thing about megaphones and excessive noise—that is the joy of protest. We go, we sing, we chant, we dance, we play drums. This is part of the reason why people come out on to the streets. To legislate against that, to criminalise that, puts Britain in some category like India, which is coming down very hard on public demonstrations. Therefore, I would repeal all those things. I do not even know when I would date it from, but there have been four new laws in the last five years and several of them have these draconian elements. I was listening to the police give evidence here, and the issue was not so much clarity but the plethora of laws. They did not know which law to use to do what. I am not sure that the police are not happy with the situation. My understanding is that they have got what they asked for, and what they wanted and have been lobbying for. The police have too many powers and there is too much legislative backing. To make the point about living in a democracy, this is your mailbag come to life. This is your mailbag personified—that there are people going out on to the streets to tell you what is going wrong with their lives, that the status quo has become unbearable for them. Why do we fear it? Why do we not welcome and facilitate it rather than see it as a problem to be policed? That would be my view on that.
Baroness Chakrabarti
It is always a privilege to sit on this committee. I have to say that, listening to these witnesses and their gentle, reasoned engagement has been wonderful. Our three witnesses are very much steeped in the law and organising protests, but there will be many others in your communities and in your campaigns who are not so much, and who will listen to today’s evidence and be concerned about the potential cost of participating in protest. By the way, I declare an interest, Chair. I am teaching an undergraduate law course at the LSE this term that includes the law of protest.
Chair
We will put that on the record.
Baroness Chakrabarti
We had the Public Order Act 1986 and there was not much frenetic activity after that, and in recent years lots of frenetic legislative activity. Let us say that a friend, a supporter, puts their toe in the water of your campaign—we have three different campaigns here—and they say, “I care about this cause and I really want to be heard, but I am nervous about the consequences”. We have heard from Southall Black Sisters about the particular consequences for non-citizens, so my question to the other two witnesses is, what do you say, in friendship and solidarity to that person, about whether it is a good idea to be in Parliament Square or outside an embassy when they are particularly nervous? They could be nervous for any number of reasons. Liz was very honest and articulate about not wanting to be arrested and prosecuted. People have families, they have livelihoods; they want to be heard, but what would you honestly say to that person now, in Britain in 2026, as a good friend, about whether that is a good idea or not and what they might face?
Peter Leary
It is difficult and it is something we hear all the time, including from people who are on a student visa, or who have concerns about immigration or about their job. A colleague was telling me about someone saying, “I would really like to go on the marches, but I am a teaching assistant and I am worried about my job”. These are concerns and the truth is that if people go on a protest, you cannot guarantee that they will not face arrest, potentially, through no fault of their own. Earlier I made the point about people being arrested for finding themselves on the wrong side of the road in Whitehall, when the conditions said they had to be on a particular side and they were on the other side. In that case there was no further action taken. Nevertheless, it is a distressing experience for people and there will be people who do not want to take that risk. At the same time, I obviously encourage people to come on the protest. It is my job to do so. It is important for the issue that we are protesting about. We have all seen the horrors in Gaza over the past three years, and why we have felt that it so important to protest, to keep protesting, to continue to come out into the streets. We have now seen, obviously, some shift in government policy as a consequence of maintaining that persistent campaigning and those persistent protests; it is nowhere near as far as we would like it to go, but nevertheless we have had that real impact. I also think that it is important to uphold our democratic rights. The freedoms we have have come about through people taking to the streets in protest and campaigning for the right to vote and the right to strike and to take these actions, and through exercising those rights as well. That is how they are preserved. Therefore, we do have that responsibility, almost, to continue to defend, to exercise, to deploy our democratic rights, or we will lose them. However, I can understand on an individual level why some people do not wish to do that, particularly those people who for various reasons are more likely than others to be arrested, or who will face more severe consequences than others if they should find themselves in that situation. It is a very challenging situation.
Liz Webster
When the farm tax first came in and we did the first big demonstration, a gentleman rang me from Tetbury. He was in his 80s. He was so upset by that that he drove his tractor all the way from Tetbury to here because he did not have the time to do any tax planning. The responsibility, the emotional reality of needing to ask Westminster and MPs, “What on earth are you doing to us?” is immense when that reaction is needed. When something happens that is a shock and you feel that you want to do something and exercise your right, you should be able to do that fairly freely. To organise it, as I have said, is an enormous responsibility in London. We have done demonstrations across the country in other towns, which is very different. It is very easy. London is a busy place and it is very different. If someone said, “I want to organise a protest, Liz; what do you think”, I would say that it is hugely complicated. it is a lot of responsibility, liability and all the rest of it. It is not for the fainthearted. It is a huge thing to run a protest, and the responsibility should not be so great on so few. We are lucky in the farming community, in that people are seen because we have big machines. We are able to make a big message and get seen. I recognise the disparity between this protest and another protest. I attended a lot of the pro-EU marches. Millions of people are not seen as much as thousands of tractors. Therefore, we were able to get our message out more clearly and, with vehicles, the law does not bite on us as much as it does on physical protests, which is another thing to think about. It is an expression and it is a communication. Maybe Parliament should have more access to petitions that have more bite. In the European Union, they have citizenship petitions whereby, when they reach a certain level, they can bring in legislation, rather than just saying that you go to a back committee, you express yourself and then it is closed. That is another thing that leads to more protests. If you want to reduce the protests, you need to open these bigger groups to more access to parliamentarians, who perhaps can find a better way of easing pressure on society. I do feel sorry for the police, because I know their resources are very limited.
Baroness Chakrabarti
One final supplementary if I may. You all represent organised protest groups, in a way, which is not the whole story about protest, because protest could be about an individual who gets upset with what is happening in their community, and they do not necessarily have the access to the negotiations that you have described. There is a theory, and there is academic scholarship on this, that parliamentarians inherently believe that the only legitimate political democratic expression is through this place. I say this at risk of upsetting some—and I have already had a look from someone, who I will not name. There is a theory that parliamentarians historically think that democracy is that having your election every four or five years and then parliamentarians carry the torch of democracy, and they have the rigorous debates, and everyone should quieten down and wait for the next election. You have all spoken about your engagement with the police, but what about your engagement with parliamentarians? How sensitive do you think parliamentarians are to your feelings about street protest in between elections?
Rahila Gupta
I want to reiterate the point that I made earlier that street protest is your mailbag on the streets. I believe that parliamentarians are very dedicated to their mailbags because every point that they raise in Parliament supposedly arises from the strength of feeling of their constituents. Here you have the strength of feeling of your constituents on the street, especially at a time when we tend to be rather dismissive of people who sign petitions at the click of a mouse and we talk about keyboard warriors. If people come out on the street, it shows a strength of feeling that in all weathers, you are dragging your sorry body out of your home to make a point. There is also the fear that parliamentarians will not hear it. In the past we used to feel that there was—that is a question that needs to be debated. We still hope that voices are heard, and that the amount of disruption that we create sends a message to Parliament: “Here are a large number of people who are very upset by this, that, or the other, and you need to act on it”. Therefore, I would hope that this would not fall on deaf ears.
Peter Leary
I have heard that sentiment, ironically, sometimes from members of the House of Lords, who are not elected but who say that there are avenues for people to express themselves democratically. The irony of that is that the only reason most of us have the right to vote—at least for some of the people who sit in here—is that people went out on the street and protested in successive waves to expand the vote, first, among men and then to women and so on. Therefore, the democratic system, however imperfect, is in many ways a product of protest, rather than protest being something that is indulged within a democratic system. Of course, we all know that, yes, we have a vote but the electoral system is imperfect. We vote for political parties, we vote for MPs who stand on a wide range of manifestos, but that does not mean that an issue does not arise that was not reflected when we went to the polls or that is not reflected in the manifesto. I might support the Labour Party but disagree with it about Palestine. How do I then vote? Do I vote for some other party? What do I do in those situations? Therefore, our involvement in those democratic processes is vitally important. What we have seen over the past few years is a good example of this. We have brought about, through protest, I would say a partial but significant shift in government policy from where we were when we started the recent cycle of protests. The major parties were instructing their MPs to vote against a motion simply calling for a ceasefire, and we are now seeing the imposition of sanctions against illegal Israeli settlements in the illegally occupied Palestinian territories. That is a consequence of protests. One of the particularly worrying things for us is the laws around cumulative disruption, because it has been the persistence of those protests that has brought about that significant, albeit limited, political shift. On your previous question about what I would say to people who protest, it is important that we do not contribute to the chilling effect. Difficult though it can be as an organiser to organise protests, arrest rates are very low at our protests. They are lower than the arrest rates at football matches, music festivals or other large engagements. It is often that chilling effect: it is the fear of it. The conditions that have been imposed create a sense of menace, which for many people means that they are afraid of taking part in that protest, rather than of being arrested.
Liz Webster
Specifically on MPs, interestingly, when we first started we had Labour MPs and Lib Dem MPs supporting our protests, and then we had a change of Government. Before, the Conservative MPs, when they were in government, did not want to stand with the farming protests. Now the inverse has happened. Conservatives want to stand with the farmers, and some Labour MPs are supportive, or they feel awkward about it. So it is political, yes.
Baroness Chakrabarti
Interesting. Thank you.
Lord Rook
Thank you very much. Rahila, I am very glad that you are here. I was doing an event with a colleague from the Commons last week and she told the most amazing story about how your organisation had helped her to right injustices in her own life and in the life of her family, and it is a real privilege to ask questions on this important issue, of all of you today. However, I am glad that you are here and I will address this first to you. In 2011, powers were amended to impose conditions to provide more detail on what was provided on serious protest. That was to include the idea of excessive noise. I am interested from all three of your. We have heard a bit from Peter about the loudhailers and the amplifiers and the megaphones. Are there examples by which your activities have been changed by that imposition of rules around excessive noise? I will start with you, Rahila.
Rahila Gupta
The very short answer to that is no, because we continue to bring our megaphones along and our drums and we sing and we continue to do all of that. However, it is this chilling effect that we have all been talking about. At which point will the police intervene? At which point will they stop us? That is the fear. We will be talking about face coverings later on, and I would like to talk about that in particular. I think that megaphones is a ridiculous issue that they should be thinking of criminalising.
Lord Rook
Liz, how has this affected you?
Liz Webster
Yes, we have probably had the noisiest protest. I am sure that you all remember it. We did try again. The police asked us not to blow the horns, particularly around Parliament Square. We cannot control everyone; it is their expression. Yes, it is inconvenient for you, I know, and I certainly know that the Sky News studio finds it annoying as well, but it is funny. It should be something that we are proud of as a culture that we can go and express ourselves. With protest there is an element of theatre to it. That is wrapped up in the whole thing, which is so fundamental that perhaps the police forget about because it is their day-in, day-out, “We have to do this”. As I have said, I have been into their control rooms, and I have seen how overstretched they are. It is a delicate balance. I think that it is important to try to maintain our culture, which is about noise, expression and theatre and being an extrovert, because we are quite extrovert and why would we want to stop that?
Lord Rook
I am intrigued on that one because we have all been in our offices, humming along with the horns or the tractors, or maybe shouting at them. As you say, it is difficult for you to control people doing or not doing that. What has been the nature of your interactions with the police when that has happened, even though you have been trying to make sure it did not happen?
Liz Webster
When we did the first one in 2020, it was the Covid restrictions, and they were heavy-handed with us. They did say that they would arrest us if we blew the horns. They got better with us because as we got bigger probably they realised that it was an ask too far. The media was more focused on us because we were bigger as well. We were only 25 tractors the first time. It was a different time. It was ridiculous, really, because it was very empty outside because of the Covid restrictions. However, it was a new experience for them and they were unsure. Again, there had been terrorism in Parliament, and they were worried about trailers and what would be in them. I tried my best to work with the police to make them understand that it was an expression that we needed to do to try to get Parliament to act on what looks like a niche issue, because it is just farmers, but it is not. It is everybody’s food. That is what we were trying to communicate, rather than saying, “I am personally upset about this”. I have a marketing background that probably changes it a little bit, as in, “I want all of you out here in Britain to know that there are massive changes on your food and that will impact all of us”. That is where we took it from.
Lord Rook
To your knowledge, there has not been an arrest as a result of someone playing the theme tune from “The Dukes of Hazzard” on their tractor?
Liz Webster
No.
Lord Rook
Peter, you shared some of this earlier. Is there anything else that you need to add?
Peter Leary
I have probably said most of it. I will repeat the example of the day that famine was officially declared in Gaza on 22 August 2025. It was a Friday evening; it was the start of a bank holiday weekend. We were proposing to protest, banging pots and pans for an hour at 6 pm. That would have made noise, and people would have heard it, but within what I would regard as a reasonable amount of noise and time of the day and all the rest of it for an appropriate protest, and the police used the powers to ban us from doing that. Similarly, when the President of Israel visited, we were banned from using megaphones. It made it very difficult. Again it was an evening protest, it was dark and we wanted to be able to communicate with people who were in the crowd, and it was impossible for us to do so. That is what is excessive, I suppose.
Chair
Thank you. We will now move on to questions from Euan Stainbank on new powers and legislation. Sorry, Lord Murray has a supplementary.
Lord Murray of Blidworth
Protests can be intimidating. They obviously can have a significant effect on people who live or work or worship nearby. In 2026, this year, the Crime and Policing Act was passed, which provided powers to the police to impose conditions on access to places of worship and required the police to consider and to take into account the cumulative disruption of protests. To what extent have these changes impacted on your protests and what effect might they have in the future? It is obviously a fairly new piece of legislation. Mr Leary, you probably have had the most direct experience of this.
Peter Leary
I have commented a little bit on places of worship in response to the previous question, and I can come back to that if you would like. On the cumulative impact, which is one that we find deeply concerning, it allows the police to impose restrictions based on the impact of past or future protests in a particular area. The area is ill-defined. It could be, for example, the whole of central London, or it could be an entire town or city. There is no clarity in the law. Anecdotally, some of the conversations that we have had with the police suggest that they do think about it in that way: “You had a previous protest on another route in London, and you now have a protest on this route in London. There is a cumulative impact of all of these”. It is obvious that certain sites are the frequent location of protests—Trafalgar Square, Parliament Square, city centres. Most town centres have a place where protest happens in the centre of the town. It also does not matter whether the protests are for the same purpose or involve the same people. For example, the police could impose a restriction on one of our marches on the grounds that a farmers’ protest took place in the same location the previous week or on a previous occasion. They could ban and restrict a pride parade on the grounds that a far-right protest took place the previous week or is planned for the next week in the same location. This is deeply concerning in terms of its potential impact, how it could be used by this or any future Government to effectively make protests extremely difficult to organise in any city centre, town, or city. What would be lost as a result of that, even if we are only thinking about protests that are organised by the same people or for the same cause? We were talking about the campaigns for democracy. The suffrage protests went for more than a decade, which is what it took for them to achieve their goals. The protests against apartheid in South Africa took decades of repeated protests.
Lord Murray of Blidworth
Can I bring you back to the 2026 Act? In your experience, have the police used the powers in that very latest piece of legislation in relation to cumulative disruption with your protests?
Peter Leary
The police were already referring to cumulative disruption prior to the passage of the Act, on the grounds that they said nothing in law forbade them from taking into account cumulative disruption. The change in law was that it would require them to do so. They have already been using that as a requirement prior to the passage of the Act.
Lord Murray of Blidworth
Have you changed any behaviour as a result of these observations?
Peter Leary
They have imposed conditions on us on the basis of what they regard as a cumulative impact, which has changed our behaviour in that it has prevented us from marching where we wanted to march.
Lord Murray of Blidworth
What has the effect of that been on your protests?
Peter Leary
Cumulative disruption has been used to justify banning our marches going to the BBC, for example. That is something that we very much wanted to do. There is a very strong feeling among a lot of people that the BBC’s coverage of Gaza has been inadequate and one-sided. Many people who are our supporters and among our wider coalition and the constituencies that we represent wanted to protest there. We have not been able to have one of our marches either assemble there or end there for over two years now as a consequence of the police using cumulative disruption as grounds for imposing conditions to prevent us from doing so.
Lord Murray of Blidworth
When you are planning a protest, do you ever consider the impact on people who live or work or worship nearby the route?
Peter Leary
That is one of the reasons we wanted to make sure that we were varying our routes through different parts of London. We tried to take different routes, particularly at the very height of the bombing of Gaza when we were having quite a lot of protests. We were being confronted every day with the horrors that I am sure you have all witnessed. We were maybe marching once a month and so on. One of the things that the police did was to impose restrictions, which had the effect of limiting us to fewer and fewer routes. It feels like this awful Catch-22, where the police are using conditions to limit us to fewer and fewer routes for our marches. I guess that builds the case where you could argue that we are having a cumulative impact in marching in those areas. That feels to us like a vicious circle and a trap that makes it increasingly difficult for us to organise in that way.
Lord Murray of Blidworth
Ms Webster, do you have any thoughts on this topic? Have you had any issues with the police mentioning cumulative disruption in relation to your demonstrations?
Liz Webster
No.
Lord Murray of Blidworth
Ms Gupta?
Rahila Gupta
I want to make a small observation, which is that I do not think that the farmers’ march would be rerouted because it went too close to a place of worship, but the Palestinian march would be. I have been on those marches and there has never been any sense of antisemitism or anything that others would necessarily fear unless you politicise the issue. It is interesting that marches would be rerouted. It reflects a certain degree of prejudice and assumptions from the police.
Lord Murray of Blidworth
I know that the question of antisemitism arising at those marches is coming up later in the questions. Thank you.
Euan Stainbank
This is a very short supplementary and it is on the point of the principal mode of cumulative disruption and the use of exclusion zones. I am not sure this will be for you, Liz, because to the best of my knowledge there have not been any counterprotesters to save British farming during your protests in London especially. I have had—and you referred to this earlier—asylum protests in my patch. Something that I have noted in terms of opinions on how we should regulate protests in the country is that it is coming into my mailbag in a greater proportion from those participating in the protest, using examples of the conduct of the counterprotesters of the protesters, essentially talking about the conduct of the other side and saying that we need to do something about that. We talked about the boundaries of how cumulative disruption has been applied, the impact and some of the vagaries and I share your concern about the law. Is there a concept of cumulative disruption that should be kept in law to address the impact that it can have on distinct communities, or should we be addressing this more through the use of exclusion zones? We do not have cumulative disruption in Scotland. I think that the First Minister is lying in wait to see how it pans out before deciding how he goes in this direction. However, we do use exclusion zones and have legislated for things like abortion clinics in the past. Do you see that as the better way to address the legitimate concern that the public have about the conduct of protests in the same area over and over again?
Peter Leary
In my view, it is perfectly justified that there are exclusion zones that allow people to access the services of abortion clinics, for example, and that they are not disrupted from doing that. I am not sure whether that is a cumulative issue or not, because if you are someone who needs those services, you may need them only once and you go in and there is a protest or someone that is preventing you from doing so. You should be able to access those services. I do not know whether cumulative disruption is the means by which to do that. The question about the counterprotests that you raise is interesting, because one of the contradictions that we have found is that, while we have been prevented from protesting at sites where we would wish to protest—I mentioned the Israeli embassy and the BBC, for example—the police also always tell us that the counterprotests have a right to be within sight and sound of our protests. We are also some of the people who have complained about the behaviour of the counterprotests, because they have subjected people to racist and sexist abuse, rape threats, death threats and so on, in terms of the counterprotests. Of course, the far-right counterprotests have on occasions attempted to violently attack the marches, and that is a concern. The police seem to take a different view to that than they do to the protest in terms of where we have a right to be or to protest against. However, it does not seem to me that cumulative disruption, certainly not as it is framed in the existing legislation, offers anything positive. It is an alarming encroachment on the right to protest.
Rahila Gupta
On a broader political point, cumulative protest would not be necessary were it not for the failure of Parliament to listen to the demands that people are making. We are looking at the symptom rather than the cause.
Euan Stainbank
I will move on to the eighth question, which is in relation to the new offences in the 2022 Act. Since 2022, a number of new offences have been created, such as locking on and interfering with key national infrastructure. Have these new offences affected your protests?
Peter Leary
No. The protests that we organise are not direct-action protests, so it is not something that has impacted on or affected us directly. However, it is part of a wider climate in terms of the message that it sends out, which I have already alluded to—the proscription of Palestine Action as terrorists, for example—that certain protests might be branded in that extreme way, and you have other types of protests being subjected to further legal restrictions. It creates an atmosphere around protests that they are something that is very dangerous, that they are something that people should steer clear of or should be concerned about engaging with.
Euan Stainbank
Liz, you talked about the direct-action suggestions of members of your group that you tried to steer people away from. Have these particular offences been examples of things that you tried to steer people away from doing, so that they do not end up with that criminal record?
Liz Webster
Yes, some farmers want to do naughty things, and I am a good girl. I tried my best to explain to them that, from a public relations point of view, we do not win hearts and minds by doing what the French do. They see the French and Belgians and they destroy stuff. However, I do not think that, as a whole, the British public buy into that, which is why the bans on horns and stuff is so bad. That is an expression that is harmless and helps to release some of the pressure. From Parliament’s point of view, it is understandable that nobody bothers to get out of their house and put a huge amount of effort, time and money into doing a protest just for the hell of it. Maybe some of them who are crowdfunding and standing outside the Daily Mail do. However, as a whole, when you have large numbers of the public interacting or feeling that they have no other recourse but to do this, I do not know what else would happen. You would be totally suppressed, and you would have to accept whatever Parliament puts on you. If there had been another way of us being able to do it—because farmers are pretty conservative people and they are not even used to coming to London, most of them. It was an enormous change for them to come here, and that reaction. If Parliament does not release the pressure and the ask, it does lead to law-breaking and it will do. There is still a risk that certain members in the farming community will go and do that. We are at risk of that today. It is Budget day and there have not been any changes, so there is still a risk of that happening. That is a bad thing for our campaign because I think that you will lose support from the public. However, ultimately that is what it leads to, because you are not being heard by Westminster.
Euan Stainbank
It sounds like even if locking on and targeting key national infrastructure were not criminal offences, though, that your campaign would try to deter those tactics being used.
Liz Webster
I do not believe in destruction. It does not win my heart if somebody breaks something. When I see the French farmers destroying things, I think that is awful. However, it does get a reaction in their country and it works, so they keep doing it. I have always seen it from a marketing, overall PR thing, getting people to see that this campaign is moving and it is gathering pace. That is how I see it, as a campaign organiser, rather than, “I am upset about this, so I am going to go and go crazy”. It is one of those things. I took the responsibility of leading my campaign very seriously. I was not in it to have a crowdfunding thing to grift for my poor children who might not survive, or anything else. I am not in it for those means. I am in it to say that this is concerning, and it impacts everybody across the board. That is what we continue to try to communicate to people.
Euan Stainbank
Thank you so much. Any thoughts, Rahila, on the offences?
Rahila Gupta
I have an anecdote to offer. My partner was arrested for holding up a placard saying “I support Palestine Action”. We both support the direct action taken by that organisation to attack the factories that provide armaments to Israel, but I could not take part because of my connection with Southall Black Sisters. I could not take the risk that it might bring to its funding and its stature and its authority. I had to step back from what I would have liked to have protested about, but my partner is semi-retired and I think that it did affect some of his patients who come to him for acupuncture. That is my contribution to this.
Lord Murray of Blidworth
This is a very discrete point. In the 2023 Public Order Act, a new power was given to the police to stop and search people at a protest in a specific location to see whether or not they had on them an item that might be used in a protest—for example, glue for locking on. To what extent has this increased power for stop and search, suspicionless stop and search, had any impact on the protests that you have organised? Mr Leary, I might ask you first.
Peter Leary
It is not something that I am particularly aware of. We do not make use of much glue on ours. When you started saying something that might be used in a protest, I thought that you were going to say a placard or perhaps a megaphone if you are allowed.
Lord Murray of Blidworth
It is an article that can be used in an offence described in the Public Order Act.
Peter Leary
Yes. It is not something that I have been particularly aware of. I do think, though, that a lot of these powers where certain things that would not be allowed in terms of police behaviour or certain behaviours that would be allowed in terms of what people might be doing on a protest—I do not necessarily mean this example—are treated differently. It fuels this sense about what a protest is and where it stands in relation to the law, which seems to me is the opposite of what it should be. People who go on a protest are people who are going about their lawful business. They are not merely going about their lawful business in the way that you would be if you are going to the shops, for example, but they are exercising rights that are afforded enhanced protection in terms of their human rights. However, a lot of the legal framework that has come in in recent years seems to imply the opposite, that because you are on a protest you have fewer rights than you would have in another situation so that you can be stopped and searched in a way that you might not be in other situations, or you can be arrested. If I want to go to the shops with a mask on, there is no law that says I cannot do that. If I do that at a protest, I could find myself prosecuted. It adds to this environment that, in my view, is the opposite of what it should be: participating in a protest, rather than being first, lawful, second, protected, and third—and this is my view—something that should be celebrated as part of a democratic society. Instead, it is something that is verging on the criminal or quasi-criminal just by being there, and you are subjected to a different set of laws than other citizens would be.
Lord Murray of Blidworth
To sum up what you are saying: you think it might put people off.
Peter Leary
I think it would put people off. I am not aware of anyone being searched for glue, so I could not comment directly on it, but I think it is part of a culture that does put people off.
Lord Murray of Blidworth
Thank you. Ms Webster, or Ms Gupta, do you have any comments on this particular aspect? I realise it is rather niche.
Liz Webster
No, I do not know. If they had wanted to search any of the tractors, I would not have had an issue with that.
Lord Murray of Blidworth
Thank you.
Chair
Next, we will go on to the point about concealing identity in more depth. Lord Rook?
Lord Rook
The Crime and Policing Act has introduced new powers to make it a criminal offence to use an item to conceal identity at a protest. My first question is: do you think this was needed? My second is: how has the change in the law impacted your ability to protest?
Rahila Gupta
This has a particular impact on us, because many of the women we serve have been escaping domestic violence. They are afraid of violent spouses and disapproving families. I have an incident to talk about from 10 October, when the Palestine march took place. We had quite a large bloc organised for Southall Black Sisters, and two of our women were wearing Covid masks. They were wearing them because of fear of being photographed, filmed, seen and so on. As far as I know, the police are not allowed to legitimately ask for a medical mask to be removed, because they do not know whether somebody is actually suffering from something or not. We also had a woman in our group wearing a niqab, the Muslim face veil. The police did not approach her, because the police are required to ignore religious face coverings. As a secular women’s organisation, we are not, in any way, ever going to tell our women to wear a niqab in order to hide from police scrutiny. These women were asked to take their masks off, and they did. One of them put hers back on, and the police came in very aggressively and said they would arrest her if she continued to do so. It was her first march that she had ever attended. I have a quote from her that I would like to read. The first woman, who has no status in this country, said: “This is the first time, ever, I have been on a march, and when I was asked to take off my mask, I did, but I felt unsafe because of the cameras and videos. I went into the background and hid myself. I will have to think about whether I come again”. The second woman, who has recently got her right to remain, said: “I finally got a chance to be there without fear and feel that I am on the right side of history. I stood by my words and principles”. Those were two very different reactions, but the chilling effect is felt throughout the group. It is really problematic for us. The thread that has been running through everything I have said is the two-tier policing. We noted that there were men who were hooded and masked, all in black, in Dover and in Portsmouth. They were not challenged, and they were simmering with aggression—a huge world of difference from two women wearing Covid masks. There is no nuance in how this policing is carried out. How do you police for that?
Lord Rook
Thank you. Liz?
Liz Webster
It is having an impact on us, because we would like to dress up as animals—chickens, pigs, cows—and now we cannot. We can do it, but we would have to have our faces out, which changes the whole thing. If you look back, MPs did a protest wearing chicken outfits—the Labour Party did. It is another example of a law coming in as a reaction that ends up having an impact on everything else.
Peter Leary
I echo what has been said. There are multiple elements to this. I should say—and I do not know if any of you have attended the marches—most people who go on the marches do not cover their faces or wear masks, unlike some other protests where people are largely concealing identity. The people who wear masks do so for complex reasons: some for medical reasons, some for religious reasons and some wish to conceal their identity because they do not wish others to know they are on a demonstration or where they can be found or identified. We are operating in a context where cameras are everywhere—not just police cameras or CCTV, but far-right activists who video people on marches, post footage on social media and comment on it. Many young people, who are very exposed in their lives on social media, may wish to conceal their identity. There are also those theatrical elements. A grim reaper was arrested recently—ironically, I think, while protesting the death of democracy in response to one of the prosecution cases relating to the right to protest. It undermines those kinds of aspects. I come back to the point: if I go out on Saturday night for Halloween with a mask on to go trick-or-treating, that is perfectly lawful. However, if I go on a protest with the same mask on, it ceases to be, or potentially ceases to be, lawful. That implies that by going on a protest, I am not going about my lawful business, as I would be if I went trick-or-treating, and certainly, I am not engaging exercising my right to freedom of expression and assembly, which are protected activities that should be more enhanced than, not less than, trick-or-treating.
Lord Rook
Thank you.
Chair
Now, we will go on to a series of questions from Peter Swallow on intimidation and harassment, followed by the final question by Afzal Khan.
Peter Swallow
Thank you so much. This sounds like a very philosophical question at this stage of the session, but we are all familiar with the debate around freedom of speech and where it should end, what limit there should be on it in terms of what should be allowed, even if upsetting or offensive, and what should not be allowed because it is threatening or abusive. Could each of you set out your view on that, as organisers of protests, and perhaps also whether you think that differs from the perspective of the police? Rahila, can we start with you?
Rahila Gupta
This issue has been so politicised that we are confronting a number of absurdities. For example, two people were arrested for using the slogan “Globalise the Intifada”, which to me is a political slogan not aimed at any individual group. I think it may have been the same day, people were arrested at a Unite the Kingdom rally, at which Black police officers were called the N-word, and they were told to, “Effing go home”. The people at both of those marches were arrested. I do not know in which world those are comparable. At the best of times, freedom of speech is hard to define the boundaries of in practice. It is perhaps easier to define in theory—anything that does not cause harm or incitement to hatred, and so on—but in practice, when it becomes so politicised, you can get to situations that are quite absurd.
Peter Swallow
In the interest of attempting some balance, I will say that many, many people would say that the phrase “Globalise the Intifada” is highly offensive. I do recognise that views on that differ. Liz?
Liz Webster
On a personal level, my son was attacked in 2007 by a gang, and it was a racial attack. My son is white, but it was the result of racial tension. I am acutely aware of how language can be dangerous and how it impacts everybody. It is not one-sided. My son happened to be in the wrong place at the wrong time, and racial tension had been allowed to run free in school, and racial slurs were prosecuted on one side but not on the other. It is not a question of saying, “You are right, and you are wrong”. From a legislative point of view, you have to look at it cohesively in terms of safety. If you suddenly criminalise somebody for saying something, you can end up in a situation where you have an imbalance. Once you understand that it is not just a word but a building of things, and in recent times, because of the rise of the far right, that it has become more like it was when I was younger. There is now more permissiveness around extreme racial language day in, day out, whether on social media or elsewhere. Those are the most concerning things, that people are getting used to hearing politicians, from the Reform Party and the Restore Party in particular, say things that are racially inflammatory. For me, that is the worst thing, because it causes tribalism, which is dangerous and ends in violence. One side feels that it is better than the other. We should all be thinking that we are all human, we all have skin, we all have organs and we can all die if somebody puts an implement into our body.
Peter Swallow
Feel free not to answer this, because I appreciate it may be outside the remit of British farming. We were just having that conversation with Rahila’s point about two uses of language that—I hope everyone would accept that using the N-word against Black police officers is utterly unacceptable, and that the vast majority of decent British people would be appalled at that. The other phrase used is more contested, shall we say. There is a challenge there, where in seeking this balance, if each of us has different perspectives, politics and views, it can be difficult to reach consensus about what should and should not be unacceptable in a democratic society. What I am trying to say is: it is complicated, is it not?
Liz Webster
It is very complicated, but you should be coming at it cohesively and as a whole, to make society safer and more tolerant. That is not happening because of the politics, and because some politicians are able to get all of the media’s attention. We have had it this week, with Nigel Farage saying things about the Conservative leader that are totally unacceptable. What I personally find unacceptable is racism because it is dangerous and puts us all at risk. Even for you guys in Westminster, regardless of your ethnicity, all of those things make society more dangerous. I come from a mixed-ethnicity Gypsy Traveller background, though I do not look like it and people may not know that. Would I be offended if somebody said something rude to me? Yes. However, you are asking me about my personal feelings or what I get upset about is a whole different thing from asking what I want for the country as a whole. I want to see my country return to being more tolerant, kinder, more patient, thinking more about a cohesive society and welcoming people who want to come here and work here and help run an ageing society. Those communication issues are far more important than a tick box saying this one is allowed and that one is not.
Peter Swallow
My reflection would be that, unfortunately, the reality of the law is that sometimes it has to work with tick boxes, because that is the nature of legislation.
Liz Webster
That is the problem with over-legislating.
Peter Swallow
Peter?
Peter Leary
Yes, it is complicated, and it does call for nuance. Freedom of speech is precious, and people also have rights not to be threatened, intimidated or abused. It is right that we seek to draw the distinction between language that incites violence or hatred and political statements that people may strongly disagree with or even find offensive. In terms of our work, I think we have strayed very much into the policing of political statements, the most obvious being expressions of support for Palestine Action—which I do not think anyone could plausibly describe as inciting hatred or violence, yet large numbers of people have been arrested and criminalised under the most extreme legislation available for doing just that. To pick up on the example that was given, in terms of the word “intifada”: London and Manchester have made statements around it, but I do not think the same policy has been adopted by other police forces. You can say it in Liverpool, but not in Manchester—perhaps you cannot say it in Liverpool, because Greater Manchester covers that, but you understand the point I am making. There is a lack of consistency there. The biggest inconsistency for me is that “intifada” is an Arabic word that means uprising. It has been and is used in a wide variety of contexts: the Easter Rising in Dublin in 1916 is described as an intifada in Arabic sources, and it has been used to describe many of the uprisings collectively known as the Arab spring.
Peter Swallow
The point is that it is well documented that there are people who find it personally very offensive and threatening. Would it not be a good idea just not to say it on any of your marches?
Peter Leary
What I find extraordinary is that if I go out and call for an uprising, that is grand, but if an Arabic speaker says exactly the same thing in their language, they are potentially going to be arrested and criminalised for it. I think that sends out a very dangerous message. It is hard not to see that itself as an example of racist and offensive policing—that someone using the same word, but in their own language, should be treated as a criminal offence.
Peter Swallow
Within the context of a march about Palestinian rights.
Chair
We have a supplementary from Euan before we move on to the second question.
Euan Stainbank
This is very brief, building on what Peter has been saying. The police’s job in the context of this question is to legally distinguish, not politically distinguish, between lawful language and threatening language. Do you recognise that there is potentially a unique challenge—coming back to the point I made earlier—about a higher volume of complaints about the conduct of protests coming from counterparties, in the police being able to legally distinguish between points that are being made, whether it is lawful or unlawful expression?
Peter Leary
I can understand that it is difficult. There should be greater clarity, and it should be applied consistently and equally. I read things in the newspapers every day that I find offensive, that I do not like, that I might even consider to be racist, but the police are not knocking down the doors of Fleet Street, or wherever the newspapers are based, to arrest the editors. There is an approach to protest where it is being put into a category that says it should be held to a different standard, treated as automatically illegitimate and therefore to be viewed with a certain degree of suspicion. When people chant things, the worst possible interpretation should be placed on what they say, rather than taking them at their word, that they mean what they say when they say what they mean.
Euan Stainbank
I acknowledge the point you made about a British or white speaker, especially at Palestine rallies, compared with an Arabic speaker. Do you think that type of selective reporting is creating an incentive system for protesters to police the conduct of, and report on, counterprotesters? For example, someone with very different views to you might use a more politically evocative individual to blame and castigate, and potentially vice versa. Are you concerned about that incentive?
Peter Leary
It is a feature of demonstrations now that counterprotesters film the demonstration, looking for things that are said or things that happen on the demonstration that can be interpreted in the worst possible light—often, in my view, in ways that are unjustified on the face of it—either to feed media stories or to report to the police. One of the worrying things we have seen is the police often responding to demands that go out on social media. I think they spend too much time on Twitter, if I dare say it. Social media is driving policing, rather than actual events. This is not someone who is an asylum seeker living in their accommodation while protesters have shouted offensive things at them; this is someone who has gone to a demonstration with a camera to look for something they can interpret as something they can claim to be offensive and then report to the police. Police priorities seem to be sometimes driven and shaped by that.
Euan Stainbank
We need greater clarity on the legal distinction. I appreciate the challenge if we consistently present this as a political distinction, but that is not quite a question, so I will pass back to the Chair.
Peter Swallow
I have a follow-up point. I am trying to keep my personal views out of this. Collectively, as a country, we may not always agree readily where the line is, but I hope we can agree—as Liz was alluding to—that there is a line. If a protester crosses that line, whatever that line may be, who is responsible, or who shares responsibility, for responding to it? As an organiser of protests, do you see it as part of your job to step in and address it if someone crosses the line? Is it purely a matter for the individual? Is it a matter for the police? Where does the responsibility for that fall, or where should it fall?
Peter Leary
We have an extensive stewarding operation at our demonstrations. The police themselves have remarked on how well organised and stewarded the demonstrations are. If you are continuing to ask in relation to hateful speech, our position, and the message that goes out to our stewarding operation, from our platforms and in our communications, is absolutely clear: we reject all forms of racism and discrimination of every kind. People are very much aware of that. If people become aware of, hear or see problematic instances, within reason our stewards would feel confident to challenge them. They do not have police powers—they are not designated constables—and there are limits to what they can do; they could even find themselves on the wrong side of the law if they overstepped. It comes back to the point that people do not step outside the public once they go on a demonstration. They are still entitled to protection from the law. We are very clear in our political messaging, and that is passed on to our stewarding operation and all those involved in our events.
Liz Webster
It is really hard for organisers to control what people coming to your protest do. We actually had what I would describe as the far right turn up uninvited to our protest and try to claim it as their own protest. Some people thought that they were there and that we had invited them, which we had not. It is very hard to have control of what attendees do. I think you can sometimes over-legislate for quite small things: you might have somebody at your protest who has Tourette’s who comes out and says something. If you are controlling people for what they say, it is too much control. If you have, collectively, a large gang of far-right thugs telling people to go home because of their ethnicity, that is a significant problem that needs to be addressed, not one person at a protest saying something offensive.
Peter Swallow
It needs to be proportionate.
Liz Webster
If you look at a Tommy Robinson march, I find it particularly worrying and threatening. I was born in this country, and it is not obvious from my colouring that I come from a mixed heritage. I can only imagine how scary it must be for others to see those protests unfold. As I said, my son was hurt; he survived a severe attack with a hammer to his head. I felt that violence perpetrated on my son, and I felt the racial backlash of what happened and the fear of one community wanting to take it out on another. That is what brought me into activism, fear of that unfolding and violence where people are unsafe. That is how I take my view. If you are too focused on one word or one person who does not know how to behave, you are losing the plot in terms of trying to make communities safer and feeling as if we are working and functioning better.
Rahila Gupta
I do not have much to add to what has already been said, except to caution against rolling “causing offence” into “incitement to hatred”. I think this is the problem. As a society, we have become very sensitive to what is offensive and what is not. We have lost some of the robustness that I remember from my early days of political organising, where we said things to people and people took it in the right spirit in debate. Now you have to be very careful how you speak. We have moved into an era where offence can very easily be given and taken, and I think that should not be part of any legislative consideration.
Chair
Thank you. The final question is from Afzal Khan.
Afzal Khan
We are finally at the last question. The question is to you, Peter. At the end of April, the independent reviewer of terrorism and state threats legislation called for a moratorium on pro-Palestinian marches due to concerns over them incubating antisemitism. What is your response to that proposal?
Peter Leary
There are two dangerous conflations there, and there is something to be said about the particular context of that moment, of that march that we are talking about. The two dangerous conflations are: on the one hand, conflating protests with unrelated acts of violence. This came in the wake of the attack in Golders Green that, as far as I know, was not linked to any protest in any way. There is no reason to believe that the individual involved had any links to any form of protest. That conflation builds on other conflations of protests with terrorism that we have seen, such as the proscription of Palestine Action, but it is particularly dangerous in this context, where we start conflating political dissent with terrorism. The second conflation is between Israel and the actions of the state of Israel with Jewish people and Jewish communities in this country. We are absolutely and consistently clear that Jewish people are not responsible for the crimes of the State of Israel. That is our consistent and clear message. In fact, many Jewish people are involved in the very marches that this moratorium was proposed against. There are hundreds, if not thousands, of Jewish people marching as part of an organised Jewish bloc, Jewish speakers on the platform, Jewish people among the key organisers. On several occasions, the marches have been addressed by Holocaust survivors—perhaps before some of the largest audiences Holocaust survivors have ever addressed in this country—to send out a very clear message. We are ensuring that that is the message that we are sending out. The idea that the marches could be incubators of antisemitism seems absurd. An antisemite would find our demonstrations a very uncomfortable place to be, because of the messages and the make-up of those marches and protests. Indeed, anyone who believed in any form of bigotry would feel that way, because these protests bring together people from all backgrounds and every walk of life. That particular statement was made in the run-up to our Nakba Day demonstration, which is an annual event commemorating the displacement of Palestinians from their homeland since 1948. It is a very solemn occasion and particularly important to the Palestinian community. I do not know whether the independent reviewer of anti-terror legislation consulted with, or took into consideration the feelings or sentiments of, the Palestinian community, because it is also a kind of national day on which Palestinians mark their identity. This was a very important march. Every year, the march is led by Palestinian children along with, what are by now, very elderly Nakba survivors. It is very important that we continue to commemorate that in that way. It also came on the day that Tommy Robinson had called on his far-right supporters to come out into the streets. He has called on his supporters to attack our marches before. I believe he likely called on his supporters to come out on the day of the Nakba march in order to try to drive the Palestine solidarity movement off the streets, because he hates to see Muslims and immigrants alongside Jewish people and LGBT people—and all the others who represent everything he stands against—taking part in a protest. Had there been such a moratorium imposed, it would have been a victory for Tommy Robinson and the far right. Our response was to continue with our protest, and I think that was the right thing to do.
Chair
Thank you. I would like to thank all of the panel and, with that, I close the session.