LONDON — Britain’s High Court ruled Tuesday that new regulations that gave British police more powers to intervene in protests are illegal.
Civil liberties campaign group Liberty has brought legal action against the British government over a law passed last year that lowered the threshold for what is considered a “serious disruption” to community life caused by a protest.
The Public Order Act 2023 expanded the definition of “serious disturbance” from “significant” and “prolonged” disturbance to individuals or an organization to “more than minor.”
Authorities introduced the changes through a process called a statutory instrument, which faces less scrutiny, after Parliament previously rejected them. The measures were aimed at environmental activists who have organized disruptive protests in recent years on motorways and busy roads in the UK and beyond to raise awareness of the urgency of climate change.
Suella Braverman, then interior minister, told lawmakers last year that the measures would allow ordinary people to drive or get to work on time without obstruction from a “selfish minority.”
Critics say the change was part of a worrying restriction on the right to protest in Britain.
Two judges ruled on Tuesday that the Home Office acted outside its powers and failed to carry out a fair consultation process.
Justices Nicholas Green and Timothy Kerr said that “‘serious’ cannot, in enabling legislation, mean ‘more than minor’.”
Akiko Hart, director of Liberty, said the ruling was a “huge victory for democracy.”
“These dangerous powers were rejected by Parliament and yet they snuck in through the back door with the clear intention of stopping protesters the government did not personally agree with,” Hart said.
The government said it was disappointed with the ruling.
“We have said before that the right to protest is fundamental to democracy, but we simply will not tolerate intimidation or serious disruption of the law-abiding majority,” said Prime Minister Rishi Sunak’s spokesman Dave Pares.
“We will consider all options to maintain this important power for the police, including appealing the sentence if necessary.”
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