Bid to evict Parliament protesters

The Mayor of London, Boris Johnson, wants to evict the residents of 'Democracy Village' from Parliament Square
12 April 2012

Peace protesters went to the High Court on Monday to hear a judge deal with a "collision of rights" over Parliament Square.

The Mayor of London, Boris Johnson, wants to evict the residents of "Democracy Village" from the historic site in the capital.

But, demonstrators say he does not have the right to bring possession proceedings in relation to the land, claiming the only person with such an entitlement is the Queen.

The Mayor's counsel, Ashley Underwood QC, told Mr Justice Griffith Williams: "This is a case that deals with a collision of the rights of the minority to exercise free speech and assembly and protest in a public place and of the rights of others to use that same public place for that and other uses.

"The collision occurred in the extremely public space of Parliament Square Gardens which makes the rights involved rather more significant and pressing because it is a place with a long and illustrious history of use for protest, including the Chartists and the Tolpuddle Martyrs.

"It is also a tourist attraction of some significance. It is part of a conservation area in itself, it is classified in English Heritage's register of parks and gardens of special historical interest and it directly abuts the World Heritage site of Westminster Palace and Westminster Abbey.

"In bringing this claim, the Mayor does not seek to minimise the vital importance of the right to free speech and assembly and protest, especially in such a significant location and in such a vibrant city as this.

"Rather, what he seeks to achieve is to safeguard the rights of the majority to use and enjoy Parliament Square Gardens and bid to prevent the abrogation to themselves of such a place by a small minority, however well-intentioned."

The judge added that the genuineness of the beliefs of each of the defendants was not in issue and it was not for the court to reach a view about them.

"Those are not legal matters - they are political matters - and while I have read with interest such witness statements as have been provided, any part of the witness statement which merely rehearses the genuine beliefs of the witness is of no materiality to the issues which I have to determine, which fall within a very narrow compass indeed."

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