English Defence League Protest, Bolton

The English Defence League (EDL) plans to stage a large-scale demonstration in Bolton town centre on Saturday 20^th March. The EDL last demonstrated in Stoke-on-Trent in January this year, and a small group gathered in London to welcome Dutch MP Geert Wilders when he visited the UK in early March. Unite Against Fascism intend to stage a counter-demonstration in Bolton on the same day.

We understand that there are some concerns about why such groups are allowed to demonstrate, particularly given that Al Muhajiroun was proscribed earlier this year. This factsheet is intended to address these concerns and clarify the situation.

Key points

Difficult issues will inevitably arise around the balance between freedom of speech and opinion, and views that cause offence to people of all cultures and faiths.

The Government makes every effort to promote and defend free speech in accordance with the law.

Neither the police nor the Home Secretary has any power to ban static demonstrations aside from those on private property. The Home Secretary has no power to ban marches unless there is a request from the local authority supported by the local police force.

Individual members of EDL – like all members of the public – are subject to the law, and, for example, inciting racial hatred or participating in acts of violence are criminal offences and will be robustly investigated and dealt with by the police.

The role of the police in policing demonstrations is to facilitate peaceful protest, to keep the peace, to protect communities and to prevent the commission of offences. Greater Manchester Police have engaged with local community groups as well as the EDL ahead of the demonstration to ensure it passes peacefully.

Proscription is not targeted at any particular faith or social grouping, but is based on an assessment of whether an organisation is concerned in terrorism. It must also be proportionate.

Al Muhajiroun was proscribed because it was identical to an organisation already on the proscribed list under two names: Al Ghurabaa and The Saved Sect. These were proscribed because of their unlawful glorification of terrorism.

Proscription

An organisation can only be proscribed if the Home Secretary believes that it is concerned in terrorism. An organisation is concerned in terrorism if it:

a)    commits or participates in acts of terrorism;

b)    prepares for terrorism;

c)    promotes or encourages terrorism (including the unlawful glorification of terrorism); or

d)    is otherwise concerned in terrorism.

If the Home Secretary does come to this belief, he must then decide whether or not to exercise his discretion to proscribe. In making this decision he must consider all the relevant material, including the five factors below:

(i)         the nature and scale of an organisation’s activities;

(ii)        the specific threat that it poses to the UK;

(iii)       the specific threat that it poses to British nationals overseas;

(iv)       the extent of the organisation’s presence in the UK; and

(v)        the need to support other members of the international community in the global fight against terrorism.

Over 50 organisations are currently proscribed. The list includes:

• 14 organisations connected to the affairs of Northern Ireland;
• organisations connected to extremists from the Hindu and Sikh faiths; and
• organisations inspired by interpretations of Marxism and nationalism.

It is general Government policy not to discuss organisations which are not on the proscribed list, including speculation on whether an organisation is or is not under consideration for proscription.

Background

The English Defence League describes itself as an organisation that promotes British values against what they see as the spread of ‘Islamist extremism’ in the UK. While they are often referred to by the media as a right-wing group, they claim that they take a non-political, anti-racist and anti-fascist stance.

EDL’s leadership has urged its members to demonstrate peacefully and to comply with both EDL stewards and the police during the rally.

Associated Articles

Manchester Evening News – EDL demo to go ahead in Bolton

The Bolton News – Barriers in place for EDL rally

(Thanks to RICU – Home Office for this info)