Civil liberties group accuses Labour of ‘disregard for the rule of law’ over protest policing legal battle

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Andrew Feinberg

White House Correspondent

A civil liberties group has accused the government of showing “disregard for the rule of law” after the Home Office decided to continue with an appeal against a High Court ruling over protest laws following talks.

Liberty won a legal challenge against the department in May over protest regulations passed by statutory instrument last year, under then-home secretary Suella Braverman.

The measures, which two judges found to be unlawful, lowered the threshold for what is considered “serious disruption” to community life, from “significant” and “prolonged” to “more than minor”.

The Home Office, now overseen by Home Secretary Yvette Cooper, paused its plans to appeal against the ruling in July, with Liberty claiming it was hopeful of being able to “find a resolution in the case”.

But on Wednesday, the department confirmed it had decided to continue with its appeal after talks to resolve the dispute failed.

Akiko Hart, Liberty’s director, said: “We are very disappointed that, despite a positive discussion about the impact of the unlawful regulation, the Home Secretary has taken the decision to continue this case.

“This legislation is undemocratic, unconstitutional and unacceptable.

“The Home Office’s decision to continue the case shows disregard for the rule of law and completely goes against previous statements from the government just last month that they would not abuse the use of secondary legislation and that they would promote high standards of governance.

“With hundreds of people wrongfully arrested and convicted due to this unlawful legislation already, it is not right to continue to carry on with this law that should never have been made in the first place.

“The only right thing to do would be to quash this legislation once and for all.”

In their judgment in May, Lord Justice Green and Mr Justice Kerr ruled that the Home Office acted unlawfully by introducing the regulations, concluding that “‘serious’ does not include ‘more than minor’” and that the department failed to carry out a fair consultation process.

The quashing of the measures was suspended pending an appeal, with a hearing planned for last month then adjourned so talks between Liberty and the Home Office could take place.

Liberty said on Wednesday that the appeal is now scheduled to be held later this year, with a date to be confirmed.

A Home Office spokesperson said: “The right to protest is fundamental to our democracy, and all public order legislation must balance this right.

“However, we disagree with the court’s ruling in this case and have appealed their decision.”