Belfast City Council are consulting on new Bye Laws which aim to manage the use of sound amplification and sharing of graphic imagery in the city centre.

The consultation is open until 5pm 4th March and can be competed online.

We are choosing to select ‘neither agree or disagree’ when possible, and then adding our reasoning in the text boxes which accompany most questions. The reason we have taken this approach is because we have concerns about the impact the Bye Law could have on protests which do not meet the exemptions set out in the draft.

While we do not agree with all aspects of the Bye Law, we absolutely agree that these issues need to be addressed and ask everyone to respond to the consultation to inform the continuing discussions.

You can respond to the consultation here and read on for some more information. 

What is the Bye Law seeking to address?

Anyone who has been in Belfast City Centre will have noticed so called ‘Street Preachers’ some of whom often engage in hate speech against LGBTQ+ people in particular. There are also frequent stalls and displays in the city centre of graphic images purporting to show images of abortion, often with misinformation and insulting or shocking language. These images are often triggering for people who have experience miscarriage or abortion.

Current law is either inadequate to deal with these issues especially relating to the display of images, or not applied appropriately in the case of hate speech or incitement to hate.

What does the Bye Law propose

People wishing to use any sound amplification – from megaphones to PA systems – or display imagery in the City Centre will need to apply for a permit.

This permit will cost a ‘nominal fee’ and be valid for one year.

The permit will allow people to use amplification or display imagery for a period of 1 or 2 hours in one location, depending on the area. After this they will need to move at least 100m away.

This will apply to buskers and street performers, street preachers, and stalls whether connected with a business, charity, or other group.

There are some exemptions – any parade or rally which has the relevant permission to take place will not need a permit. For example, events with Parades Commission Approval or Rallies which have completed the necessary paperwork to use Writers Square or the Cobbles at City Hall.

There will be a code of conduct which permit holders must follow.

Anyone breaching the Bye Laws will be liable for a summary offence and fine of £500.

The Bye Law will give council officers the power to intervene where people are operating without a permit, or in breach of the Code of Conduct.

What are our concerns?

We are concerned that the Bye Law could be used to restrict and regulate protests, campaigning or information sharing particularly those organised by smaller or less established groups. We are also concerned that breaching the Bye Laws could result in the criminalisation of people for essentially not filling in paperwork.

As we have not seen the Code of Conduct, we are unsure how effective this measure will be to address hate speech in particular. Potentially permit holders could simply have to move 100m every hour and not face any other restrictions.

As the decisions on what constitutes a breach is for council officers, we are concerned about how objectively the Bye Law may be applied, and how this could be impacted by future changes to make up of the Council.

The current laws which could be applied are rarely used, even when the criteria are met. We are unsure that creating new criminal offence is the correct approach and are worried it would be used disproportionately against marginalised groups. This is not an unfounded concern given the recent policing response to Black Lives Matter events, and the flagging of Reclaim the Night as ‘controversial’ by Council staff for a number of years.

We also do not know what the ‘nominal fee’ for a permit will be and are aware this could negatively impact on buskers and street performers who add vibrancy to the City Centre.

HAVE YOU WITNESSED ANTI-CHOICE HARASSMENT?

Alliance for Choice are contacted on a regular basis by people from across NI and beyond who are distressed at particular tactics engaged by anti-choice actions. We need to keep an eye on the anti-choice groups that have continued to harass healthcare workers and people using sexual health clinics in NI.

The new legislation passed in October 2019 was supposed to include the implementation of measures to curb harassment of abortion seekers and medical staff. The Northern Ireland Office told us there was ‘no evidence’ that any special measures were necessary. yet we get calls and emails all the time about rallies, street actions and even in-clinic protests that contravene Covid-19 safety guidelines and cause untold harm by creating fear and stigma. Our aim is to challenge the harmful and deeply stigmatising tactics that are used by anti-choice groups. We recognise that this causes much upset to those of us who have had abortions, provide abortions and may require abortions in future.

Below we ask you to fill in this form and send us any photos or videos you have that are first-hand. As difficult as it is for people to witness and be subjected to such tactics, Alliance for Choice believe if we can capture people’s experiences of anti-choice tactics we can use it constructively to ensure safe access.

Alliance for Choice are supporters of the UK-wide Back Off Campaign . We will also continue to push for adequate measures to deal with protestors in NI and the legislative review in Ireland.

Tips when witnessing or being subject to anti-choice harassment:

Alliance for Choice have produced some straightforward advice on when and how to engage with particular types of anti choice activity.

Whilst we welcome the opportunity for public discourse on such issues, Alliance for Choice believes that de-escalation with in-person anti-choice ‘protests’ is important. Not only does this prevent escalation to aggressive attacks, but also ensures it is a calmer space outside the clinic for healthcare workers and those accessing treatment.

• If you encounter a stall, lobby or in-person protest outside a building, in a street or in any public place, we would advise that you do not engage directly with those individuals involved. They are unlikely to listen or take part in a two way discussion.

• If individuals try to engage you verbally or attempt to distribute their literature, advise them that you do not want their leaflets or to engage in discussion.

• If they persist, advise them calmly but firmly to ‘please leave me alone’ and if they continue, advise that they are harassing you. Stick to these phrases to ensure no discussion.

• If your entry or exit to a public place or a building is prevented or disturbed by this activity, politely shift to try another way, if they continue to prevent your movement, calmly say, “I am coming through”. Any blockade is not allowed and is a form of harassment.

• If you believe that Covid-19 Public Health Guidance or public health and safety is being breached, please take a note or record of your concern. This may include a photograph or voice recording, as long as no woman or pregnant person using the services is able to be identified.

• If you are upset or distressed by any of their statements, or imagery/literature, you may wish to take a record and use this portal to report such incidents.

• If you see anti-choice public images, especially those making misleading claims such as billboards, door to door leaflets or information in public places including online, you may also wish to take a photograph or record and via the portal.

• Anything you say or do is likely to also be recorded by them and/or reported to the PSNI. Members of AfC who were clinic escorts and members of the public who engaged them have been reported before. Please remember you will not change their minds in a street interaction, keep yourself safe, try and stay calm and remember to de-escalate.

• If you are reported to the PSNI please contact Alliance for Choice for assistance, either Emma Campbell 07894063965 or Naomi Connor 07505096576

The button above will take you through to our email where you can send any supporting material, pics of leaflets, billboards, posters, rallies, social media, first hand photos or videos or even voice notes from you immediately after experiencing their harassment.