“AN AFFRONT TO DEMOCRATIC TRADITIONS” AND “THREAT TO CIVIL LIBERTIES”
SPCB MUST THINK AGAIN
ALBA Depute Leader and Former Justice Secretary Kenny MacAskill MP has written to the Scottish Parliament Presiding Officer, Alison Johnstone MSP who convenes the Scottish Parliamentary Corporate Body (SPCB) strongly urging the SPCB to think again on their “shameful” decision to request draconian powers from the Home Secretary in Whitehall to limit peaceful protest on the Parliamentary Estate. Mr MacAskill who was himself a member of the Corporate Body under Sir George Reid has also condemned the move as “an affront to our democratic traditions” and a “threat to civil liberties”.
In a statement Mr MacAskill said:
“ Like many people in Scotland who campaigned long and hard to see our Parliament re-established I am appalled at this request for draconian powers from the Home Secretary in Whitehall which if granted would empower police to remove protestors from the surrounding area of the Scottish Parliament under threat of criminal prosecution.
“ This is a serious error of judgement by the SPCB and should be reversed now before any further damage is done to the reputation of our national Parliament.”
In his letter Mr MacAskill states:
“Restricting the right to peaceful protest in the wider Parliamentary Estate is deeply worrying, as is the request for draconian powers, from the Home Secretary in Whitehall, who has no jurisdiction whatsoever over the criminal justice system in Scotland. Police already have sufficient powers to allow them to police protests and are able to act appropriately to protect the safety of both members and public.
“It is shameful that these spaces are potentially put out of bounds to gatherings and protests. This is a retrograde step isolating the people from those they elect. It is an affront to our democratic traditions and a threat to civil liberties.
“I strongly urge you to defend the right of the people of Scotland to protest without fear of prosecution outside their Parliament. I hope that you will think again and that a proportionate and common sense approach will prevail.”
ENDS
LETTER TO THE PRESIDING OFFICER:
Alison Johnstone MSP
Presiding Officer
Scottish Parliament
EDINBURGH,
EH99 1SP
13 September 2021
Dear Presiding Officer,
I write to you with regard to the decision by the Scottish Parliamentary Corporate Body (SPCB) to apply to the Home Office to designate the Scottish Parliament building and its grounds as a “protected site” in the interests of national security. As I understand matters, this would empower the police to remove protesters from the surrounding area of the Scottish Parliament under threat of criminal prosecution. This would allow officers to remove people from grounds outside the building, including the grassy area and ponds opposite Holyroodhouse, and the public and staff entrances.
As a former Justice Secretary and indeed past member of the Corporate Body under Sir George Reid I strongly urge you and your colleagues to reconsider this decision. Restricting the right to peaceful protest on the wider Parliamentary Estate is deeply worrying, as is the request for draconian powers, from the Home Secretary in Whitehall, who has no jurisdiction whatsoever over the criminal justice system in Scotland. Police already have sufficient powers to allow them to police protests and are able to act appropriately to protect the safety of both members and public.
Scotland has a strong democratic tradition of the peaceful demonstrations, including during the long struggle for the Scottish Parliament itself. Since the re-establishment of the Scottish Parliament, the right of the people to protest against the decisions made by the MSPs they elect has been of fundamental importance to upholding the principle of the sovereignty of the people. Indeed one the ironies of the action being proposed is that peaceful protest such as the Vigil which took place outside the Royal High School Building and close to St Andrew’s House, following the 1992 General Election and other peaceful demonstrations outside that building would not have been possible under these provisions.
Enrique Miralles, the architect of Holyrood, specifically envisaged the area in front of the building for public gathering, protest and debate, echoing the Greek amphitheatres where democracy was born. It is shameful that these spaces are potentially put out of bounds to gatherings and protest. This is a retrograde step isolating the people from those they elect. It is an affront to our democratic traditions and a threat to civil liberties.
I strongly urge you to defend the right of the people of Scotland to protest without fear of prosecution outside their Parliament. I hope that you will think again and that a proportionate and common sense approach will prevail.
Yours sincerely
Kenny MacAskill MP
Member of Parliament for East Lothian