Question to the Home Office:

To ask His Majesty's Government, further to the Written Answer from Lord Sharpe of Epsom on 9 January 2023 (HL4491), what guidance local authorities are given on the European Convention on Human Rights when using Public Space Protection Orders to ensure that any restrictions on freedom of speech and religion are necessary and proportionate.

Section 72 of the Antisocial behaviour, Crime and Policing Act 2014 states that when making decisions regarding a Public Spaces Protection Order, a local authority must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the European Convention on Human Rights.

The Government issues statutory guidance on the use of antisocial behaviour powers provided under the Antisocial behaviour, Crime and Policing Act 2014 - Anti-social behaviour powers (publishing.service.gov.uk).

The Local Government Association has also published guidance for councils on the use of Public Spaces Protection Orders, which makes reference to local authorities’ human rights obligations - Public spaces protection orders: guidance for councils (local.gov.uk).

In 2019, the Court of Appeal upheld the legality of the Public Spaces Protection Order outside the abortion clinic in Ealing. The Court concluded that on balance the provision of that specific designated area with its restrictions allows both the Pro-Life and Pro-Choice groups to exercise their Article 9 (freedom of thought, religion and belief), 10 and 11 rights in a way which protects the rights of others in the locality, particularly the Article 8 rights (respect for private and family life) of clinic service users.