Protesters who climb on the Cenotaph and other designated war memorials could face up to three months in prison and fines under new Government proposals in the Crime and Policing Bill. However, concerns have been raised that such measures may come “at the expense” of addressing other urgent issues, including pollution and rural crime.
The Bill identifies 25 war memorials, including the Cenotaph in Whitehall, the Royal Artillery Memorial in Hyde Park Corner, the Liverpool Cenotaph, the Plymouth Naval War Memorial, and The Response in Newcastle upon Tyne, as protected sites. Those caught climbing on them could face criminal prosecution.
Liberal democrats criticise restrictions on protest
During a debate in the House of Commons, Liberal Democrat home affairs spokeswoman Lisa Smart argued that her party would focus on protecting the right to protest rather than criminalising specific acts of demonstration.
“If this were a Lib Dem Bill, we wouldn’t be talking quite as much about criminalising those who climb on specific war memorials, and we would be protecting the important right to protest rather than making it harder for this right to be exercised,” she told MPs.
Ms Smart suggested that Government priorities were misplaced, arguing that the Bill overlooks key issues such as corporate pollution and rural crime.
Conservative MP Gregory Stafford (Farnham and Bordon) interrupted her speech to challenge her stance, asking:
“Is she saying that she does not think or does think that climbing on and desecrating our war memorials is acceptable behaviour? Is she happy for that behaviour to carry on?”
Ms Smart responded by reiterating her broader concerns, stating:
“There are so many priorities for this Government, and I will talk about a number of things that we are disappointed not to see in this Bill. Instead, we have one of the 340 pages of the Bill dedicated to this issue.”
She criticised the omission of a crackdown on water companies polluting UK rivers, calling for sewage dumping to be made a specific criminal offence. She also highlighted the absence of provisions to tackle rural crime, arguing that these issues deserved parliamentary attention.
Concerns over escalating crackdown on protest
Beyond restrictions on war memorial protests, the Bill includes new bans on pyrotechnics—such as smoke flares—at demonstrations and prohibits protesters from concealing their identity in certain areas specified by the police.
Labour MP Kim Johnson (Liverpool Riverside) called for a roll-back of police powers over protests, warning that the increasing criminalisation of demonstrations was taking a dangerous turn.
She pointed to previous legislation, including the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, which expanded police powers to restrict protests causing disruption or “serious annoyance”.
“We cannot underestimate the chilling impact that this heavy-handed policing of peaceful protest will have on our basic rights and freedoms,” Ms Johnson said.
She cited striking workers, national pro-Palestine demonstrations, and farmers’ protests as examples of where public gatherings could face increased suppression.
“Huge demonstrations and protests are becoming more commonplace across the political spectrum as people across the country and beyond feel they are losing their voices in workplaces and the political sphere.
“Instead of continuing down this dangerous road, we should take this opportunity to roll back some of these powers, defend civil liberties, and restore our proud traditions of freedom of speech, expression, and assembly.”
Government defends bill but promises review
Responding to concerns, Policing Minister Dame Diana Johnson defended the Bill but announced that an “expedited” review of the Public Order Act 2023 would begin in May.
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“We’ll consider the outputs of this review very carefully,” she told MPs.
She reaffirmed the Government’s commitment to upholding the right to protest but emphasised that public demonstrations must be balanced against the rights of the wider community.
“The right to peaceful protest is a fundamental part of our democracy, and we are fully committed to protecting and preserving that right.
“However, it is vital that we strike the right balance between the right to protest and the rights of the wider community.”
She suggested that MPs would have further opportunities to debate the Bill’s measures as it moves through Parliament.
Growing debate over protest rights in the UK
The Bill’s strict measures on war memorials reflect wider tensions over protest rights in the UK. Critics argue that successive governments have introduced sweeping police powers that could stifle legitimate political activism, while supporters insist that protecting national monuments is essential to maintaining respect for public spaces and historical sites.
As the legislation progresses, MPs from across the political spectrum are expected to propose further amendments, ensuring the debate over civil liberties and protest laws remains a hot topic in Westminster.
