Peace protestor loses High Court challenge against new rules
Parliament Square’s last peace protester has lost her High Court challenge against new rules barring people from setting up camp in the area.
Westminster Council has powers under Pt 3 of the Police Reform and Social Responsibility Act 2011, ss 143 and 145, to stop any “prohibited activity”, including the erection of “tents” or “other structure that is designed, or adapted…for the purpose of facilitating, sleeping or staying in a place for any period”.
Maria Gallastegui, a peace campaigner who has been involved in the Parliament Square protests for 10 years and lived on-site for six years, argued this breached her Arts 10 and 11 rights to freedom of expression and freedom of assembly. She claimed she would be unable to continue her protest because she would not be able to travel from her home in Eastbourne every day, in Gallastegui (R, on the application of) v Westminster City Council [2012] EWHC 1123 (Admin).
However, Sir John Thomas and Mr Justice Silber said the rules were “limited and proportionate” and did not breach the Human Rights Act.
Silber J said: “It is clear that the existing legislation did not achieve the legislative objective of ensuring the people did not camp and sleep in Parliament Square. We therefore conclude that the provisions in ss 143 and 145 of the Act are proportionate.”
