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Review of Marches and Parades in Scotland

10 How things are done in England

Introduction

10.1 This section explores the approach South of the Border. I visited London and Merseyside to learn how they handle processions. I gained a valuable insight into their approaches and am grateful for the very open and constructive way they addressed my enquiries. I chose London, given the number and range of processions taking place there, and Liverpool because of that city's historical and cultural links with Scotland and Ireland.

10.2 While neither the legislative background nor the nature of processions in England and Wales is the same as in Scotland, I think there is much to be gained from considering how others approach arrangements for processions. I was particularly impressed by a number of aspects of the approach to processions in both London and Liverpool including:

• a planning process which involved organisers in detailed discussions resulting in an agreed and signed 'statement of intent';
• the expertise built up in specialised planning units both in the police and in local authorities;
• the guidance notes produced to help organisers plan and deliver effective processions; and
• the clear and straightforward planning documents leading to a consistent approach to the handling of all processions ensuring that key issues are not missed.

The legislative position in England - The Public Order Act 1986

10.3 Part II of the Public Order Act 1986 sets out the legal framework for arrangements for processions in England and Wales. The organiser must give six clear days written notice of any proposal to hold a public procession to the police. This is a key difference from Scotland where notice must be given to the local authority. Like Scotland, there is an exception to the notice period for cases where 'it is not reasonably practicable' to give advance notice of the procession. There is also an exception where the 'procession is one commonly or customarily held' although the processions which fall into this category are not defined.

10.4 The chief constable, having considered the notification, including details about the time, place, circumstances and route, can set conditions on the procession. Conditions can be imposed if the chief constable 'reasonably' believes that the procession may result in:

• 'serious public disorder, serious damage to property or serious disruption to the life of the community'

or that the purpose of the people organising the procession is:

• 'the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.'

10.5 These conditions can be imposed in advance of the procession or during the procession itself. The chief constable has similar powers under this section in Scotland, but only when people are assembling to take part in a procession and during the procession itself. Those powers do not cover setting conditions in advance of the procession. In Scotland, any advance conditions are imposed by the local authority, after consultation with the chief constable.

10.6 The Public Order Act also gives the chief constable powers to prohibit public processions if he reasonably believes that the procession will lead to serious public disorder and he has insufficient powers to impose conditions to prevent the disorder. The chief constable has to make an application to ban all processions or a class of processions throughout the area or in a part of the area. He cannot ban a single procession. The application is made to the local authority who may approve a prohibition banning order with the consent of the Secretary of State. In London, local authorities are not involved, and the Commissioners of the City of London Police or of the Metropolitan Police can make an order direct with the consent of the Secretary of State. Orders have a maximum duration of three months. This power has been used, for example, to ban processions relating to Northern Ireland in certain parts of central London and to ban assemblies within a four mile radius from the junctions of roads adjoining Stonehenge Monument for four days around the summer solstice.

10.7 The Act creates particular offences if appropriate notice is not given, if any conditions imposed are not followed or if prohibition orders are not followed.

10.8 There are separate provisions about public assemblies (defined as an assembly of 20 or more people in a public place which is wholly or partly open to the air). There is no requirement for advance notice. The police can, however, impose conditions on the same basis as those for a procession. Conditions can be imposed about the place the assembly is to be held, its maximum duration or the maximum number of people participating. The police can also apply to the council to prohibit trespassory assemblies on land where the public has limited right of access.

Processions in London

10.9 The Metropolitan Police and the City of London Police are responsible for handling the arrangements for processions taking place in London. They work very closely together under agreed protocols to ensure effective coordinated planning and policing for processions which have the potential to impact on more than one force. The police forces have developed expertise in dealing with processions and specific units deal with notifications. In the City of London Police, the Operational Planning Unit deals with all processions in the City area and have developed detailed protocols for dealing with the various kinds of processions that take place. In the Metropolitan Police area, the Public Order Branch coordinates arrangements, involving local police stations in meetings with organisers. They also liaise closely with local authorities, particularly with the Special Events Group in the City of Westminster Council. As well as effective planning, processions are policed by trained and experienced staff. That experience is gained by working on operations and shadowing others. Having in place a well organised command and leadership structure contributes to successfully policed processions.

Giving notification of the intention to process

10.10 Organisers are required to complete a signed notification form giving some basic details about the procession including: the name of the organisation; the name, address and telephone number of the organiser; the details of the event (including date, time and place); the proposed route; the numbers likely to attend; and the dates the organiser is available for further meetings.

Planning meetings

10.11 Once the initial notification form has been received, there is a clearly nominated lead officer in the police who is responsible for taking forward all the event planning, consulting and coordinating information as appropriate. There is a meeting between the event planning team which is minuted. The meeting gives the police and the organisers a chance to discuss the proposed procession in detail. In the Metropolitan Police area, this meeting also involves someone from Westminster Council's Special Events Group. They discuss the proposed route, likely disruption and other practical issues. Depending on the scale of the procession, the initial meeting is followed up with a series of other meetings.

'Statement of Intent'

10.12 At the initial planning meeting, a 'Statement of Intent' is signed between the organiser and the police. While this is not a legally binding document, it is very helpful in setting out what has been agreed and the respective roles and responsibilities of the police and the organiser. The role of the police is to prevent or stop breaches of the peace and to prevent the commission of criminal offences. The police will intervene in the event of breaches of the criminal law, breaches of the peace or if a situation arises where they anticipate there will be an imminent breach of the peace. The role of the organiser is to take all reasonable steps to ensure the safety of those involved in or affected by the event, to avoid the risk of damage to property, to avoid frightening or alarming the public, to minimise any adverse effect of the event on the local community and to preserve good order.

10.13 The 'Statement of Intent' records details of the organisers, the purpose of the event, its route, its start and finish time, and assembly and dispersal arrangements. It looks at conditions relating to banners, leaflets, collection, floats, vehicles, stalls, music, address systems and requirements relating to traffic management and disruption. The organisers' arrangements for public safety are set out, as are the provisions around stewarding, the numbers, the chief stewards, the head steward, communication and identification. There is a section which sets out possible contingencies - for example, if there needs to be a delayed start, if the event needs to be discontinued, if there needs to be emergency changes to the route, or in the event of bad weather.

Guidance for Organisers

10.14 The police have prepared some straightforward guidance to organisers which they are given at the initial planning meeting. This explains the respective roles and responsibilities. It also makes clear that while the freedom to process is important, so too is the freedom of people to go about their normal business with the minimum of disruption, and there is a need to strike a balance. The guidance looks at the organisers' responsibility. In addition to carrying moral and social responsibilities, it makes clear that organisers have civil, common and criminal law responsibilities for which they may have to answer in the courts. Organisers may be liable for the consequences when things go wrong, particularly if there are defects in the planning or control of the event. This is more likely to happen if other interested parties are not consulted or if their advice is ignored. The guidance draws organisers' attention to the provisions in the Public Order Act 1986 and the need to get permission where necessary for assembly and dispersal points. It makes clear that the organiser has primary responsibility for public safety, both those taking part and those affected by it. This responsibility extends to avoiding damage to property, fear or alarm to the public or disruption to the local community.

10.15 The guidance also considers stewarding arrangements to ensure that organisers can keep control throughout the event. There should be sufficient stewards and while requirements vary considerably according to the particular procession, the guidance recommends that there should be at least one steward for every 50 participants. Stewards should be properly briefed with a head steward to liaise with the police. The overall stewarding should be broken down into sections and a chief steward appointed to be responsible for groups of stewards. Stewards need to be fitted, both physically and temperamentally, for their role. They need to be easily identifiable and in communication with the organisers throughout the event. They should inform the police if any matter requires police attention. Where necessary, organisers should appoint safety officers responsible for public safety duties.

10.16 Other practical issues are covered in the guidance. Participants should be encouraged to use public transport. Vehicles and animals should not be used. Leaflets associated with the purpose of the procession should be distributed separately. Prior notice should be given for petitions, to allow arrangements with their intended recipient. Collections should not usually be made at processions, and if they are there needs to be a separate application for a licence. Banners need to be properly designed with a hole to reduce danger if they are used in high winds. The use of public address systems should be controlled to minimise disruption to the local community. Children under 16 need to be accompanied by a responsible adult and kept away from the edge of a procession adjoining moving traffic. Organisers also need to consider provisions for first aid.

10.17 Finally, the guidance looks at debriefing and suggests that organisers make sure that stewards and safety officers are debriefed so that useful information for the organisers and the police may be gathered. The organisers should liaise with the police after the event to exchange and discuss information.

Police actions

10.18 Following the initial meeting with organisers, the police then consider the notification to develop their strategy for handling the procession. They develop an event strategy and complete a health and safety risk assessment. This results in an operation order for the event which will cover all aspects, including liaising with traffic management.

Debriefing

10.19 Immediately after the event, those involved complete a debriefing process, recording what happened at the procession. This includes a log of any damage, injury and prisoners as well as other incidents and general views on the effectiveness of arrangements. The police are able to review their systems to identify good practice and where improvements can be made to assist in future planning.

Commissioner's Directions

10.20 In considering how processions are policed in London, I should mention Commissioner's Directions, although these are unique to London. Under Section 52 of the Metropolitan Police Act 1839 and Section 22 of the City Police Act 1937, the Commissioners of the City of London and Metropolitan Police Forces have particular powers to make directions relating to the handling of processions to ensure public order and to prevent obstruction of thoroughfares. These powers are used for events of an extraordinary nature, such as marches and demonstrations, and are only applicable for so long as conditions render them necessary. Amongst other things, Commissioner's Directions can close streets to traffic, restrict parking and authorise the removal of vehicles. For pre-planned events the traffic management can be done through the Road Traffic Regulation Act 1984, the Road Traffic Regulation (Special Events) Act 1994 and the London Local Authorities Act 1995. Commissioner's Directions are useful for extraordinary events giving a degree of flexibility.

Communication with the community

10.21 In the Metropolitan Police area, the police inform large institutions (such as hotels and offices) on the route of forthcoming marches to ensure that they are aware of possible disruption. In return, those organisations share information about events they have on, for example, weddings. Depending on the size of the march, the Metropolitan Police Media and Information Section puts out information. They also make use of their website and keep a rolling notice of events which show road closures and disruptions. If the route of the march means it is in a confined area which would restrict access, the police inform the local community. Westminster Council also provide a basic public event listing on their website. They complement this, for internal planning purposes, with a more detailed database drawing on information through liaison with other London authorities, the police, industry, representative groups and local residents to ensure they have a full picture of events occurring within their area.

10.22 There is a similar approach in the City of London Police area. They have developed an email system to inform the business community of any processions and disruption that would impact on the City. An initial email is sent out a week before the procession, with information about the route, time and road closures and, a reminder email was sent out closer to the time of the procession. There is also a pager system to send out alerts outside office hours and companies pay the pager company a small fee. This means that over 1,500 companies receive regular information about processions. For larger events, the City of London Police inform the Corporation of the City of London who notify the wider community through their website.

Special Events Group, City of Westminster Council

10.23 As well as a wide range of processions, there is a wide range of special events taking place in London, as Westminster's streets form an important national showcase for large and small events. It is the workplace for nearly 500,000 people and is also the home of nearly 275,000 residents. Westminster Council needs to strike a balance between competing demands and has developed some general principles to enable it to do so. It has set up a discrete unit to coordinate all events and filming which take place in Westminster, including coordinating with the police relative to arrangements for special events and processions. They have built up a great deal of experience over the five years they have now been in existence. They deal with around 390 events and 1,500 filming days. The variety of events include: one off events such as the Rugby World Cup Parade and the Golden Jubilee Celebrations; annual events such as the New Year's Day Parade, the Chinese New Year, the London Marathon and the Pride March; community street festivals; and protest marches such as Stop the War, the Countryside Alliance and Fuel Price Protests.

10.24 There are, of course, differences in the way that special events and processions are handled, but there are some important similarities in the process. The planning process always involves at least the organiser, the Westminster City Council and the Metropolitan Police Service. For special events, Westminster City Council Special Events Group makes sure that there is a robust process in place for risk assessment and the health and safety of the public. The group represents a wide range of council interests, including refuse collection, highways panning, parks and gardens, and parking. Large events are planned in partnership through an Operational and Safety Planning Group, chaired by the local authority bringing together key agencies and ensuring that there is an audit trail for decisions.

10.25 The Special Events Group has produced guidance notes for major special events. Much of it draws on the guidance issued by the police for processions. However, it also looks at wider issues. The Group provides a helpful events planning checklist of what needs to be considered in arranging an event and what the Council will consider in assessing applications. Some of the key issues it covers include risk assessment, stewarding and control management, parking and traffic arrangements, first aid and emergency access, and contingency arrangements. The council also provides additional advice on risk management. Other factors which the council will take into account in reaching a decision include: the area and capacity of the immediate surroundings to the event; the likely disruption to traffic; the level and nature of noise; the overall time taken to set up and dismantle the event; other demands likely to be made on the area during the event; the frequency of events in the location; plans to clear litter; assessments of the risk of street crime; damage to the street environment or private property or injury to people; organisers' insurance cover; and provisions for first aid.

10.26 Organisers of events are required to indemnify the council against any claims or proceedings in respect of any injury to people or damage to property. Organisers are required to take out liability insurance with a limit of not less than 1,000,000. There is provision made to ensure that certain people are notified in writing of the proposals for the event. These include: people who own premises with frontage on the event, including residents and businesses; those likely to be materially affected by the event; all residents affected either directly or indirectly by the event; and local associations in the immediate vicinity of the event. The Council requires evidence that this consultation has taken place.

10.27 In reaching decisions, the Council always takes close notice of police views of the event. They sometimes consult elected members whose wards are affected, emergency services, public utilities and the Westminster Safety Committee. The council charges a fee in some cases, to cover closing streets, for licenses for refreshment stalls and requires a deposit from the event organisers to offset any losses, for example if additional cleaning is required or there is damage caused.

Processions in Merseyside

10.28 Merseyside Police is responsible for handling all processions in Merseyside. They work closely with the five local authorities areas they cover: Wirral; Sefton; Knowsley; St Helens; and Liverpool. Liverpool Council has also established a Cultural Events Unit to encourage events to Liverpool and to ensure that the community is involved in events happening in and around the city. The Cultural Events Unit coordinates arrangements for those events and has expertise in the necessary technical and health and safety infrastructure.

Planning meetings with organisers

10.29 As in London, Merseyside Police see early discussions with organisers of processions as an essential part of the planning process, ensuring that they run effectively. These meetings include local authorities, as appropriate. The police have developed good working relationships with the organisers of marches, over time, who are generally receptive to open discussion and the need to act responsibly. One example of this has been the Orange Order which reacted positively to concerns about the numbers of feeder marches that took place at the annual walk to commemorate the Battle of the Boyne and worked with the police to reduce the numbers of separate marches. The police welcomed this as evidence of the Order's willingness to reach appropriate compromise and exercise self regulation. The Orange Order has also been happy to provide as much advance notice of their proposed marches as possible, allowing the police to improve their advance planning. Through the better working relations and trust built up through these planning meetings, the police have been able to work with the Orange Order to help them to develop more effective stewarding.

10.30 The planning meetings give the police an opportunity to emphasise to organisers the extent of their responsibilities to those on their marches. They make clear that, at the very least, organisers have a moral obligation for the safety of the people on their march. They encourage organisers to take out public liability insurance so that they have cover should people get hurt on their march. The police also take time to explain other possible obligations under health and safety legislation.

The police planning process

10.31 I was interested to see the effective operational planning system that Merseyside Police has developed which is supported by a very useful Operational Planning Handbook (the 'Cops Core Package'). This helps to ensure a consistency of approach across the Merseyside Police area. The approach is applied to all operational policing and, I think, the steps it sets out are particularly relevant in the handling of arrangements for processions. This approach means that there is a standard planning process for all operations. The level of detail depends on the nature of the operation but the standardised approach ensures a consistent approach and that aspects of planning are not overlooked.

The 'Cops Core Package'

10.32 The 'Cops Core Package' sets out very clearly the 15 key elements of operational planning that should be brought together in a comprehensive plan:

• Command Structure - this section describes who is responsible for the operation and each element within it to ensure that people know their role and the extent of their responsibilities;
• Outline of Operation - this section gives an overview of the operation (when, where, how, why and timeline) to provide a quick reference for what is being done and how it will be carried out;
• Preparatory Actions - this section provides a log of events in the planning process with a chronological table to ensure there is a record of what was done;
• Significant Locations - this section identifies all locations important before, during and after the operation to ensure everyone knows where the operation is to take place;
• Communications - this section looks at operational communication and external communication, and public impact strategy to ensure effective communication and information;
• Objectives - this section gives a description of what success will look like for each aspect of operation to guide and direct action during the operation;
• Resources and Responsibilities - this section paints a picture of the scale of total staff and other resources being used in the operation;
• Equipment - this section gives an overview of the logistic needs of the operation and how equipment is to be managed;
• Policy - this section includes a broad statement of policy issues which will dictate priorities and helps to determine the approach that is expected, providing guidance before they have to act;
• Administration - this section provides details of all administrative matters;
• Contingencies - this section describes the 'what ifs' that have been identified and a brief detail of the responses that have been planned;
• Key Briefing Points and Debrief - this section lists the key points to be included in the briefing and the arrangements for debriefing;
• Assessment of Risk Impact - this section provides an operational risk assessment in a set format looking at the health and safety implications of an operation, identifying risks and consequences, how likely they are; what needs to be done to reduce risk and who will do it;
• Gathering Information - this section provides a checklist of information used as the basis of risk assessment to provide an audit trail; and
• External Agencies and Organisations - this section includes an overview of role and contacts of other agencies and organisations involved.

10.33 I consider that there are a number of aspects of this approach which are particularly relevant to the handling of processions. It is important in including other agencies such as local authorities and commercial companies, as a standard part of the planning process. It helps to identify that interaction with other partners is essential to achieving smooth planning and is identified in advance of the operation. Thinking about other partners and their roles needs to become a standard way of working. I was also interested in the detailed risk assessment carried out which allows advance and focused consideration of the risks and the impact and the action that will be taken in various situations. It ensures that there is a consistent approach to risk assessment. It also means that possible risks, for example of flash points and pinch points during a procession, have been analysed and the proposed responses thought about well in advance.

Communication with the community

10.34 Merseyside Police has also developed structured techniques to allow them to analyse the impact of any event on their local community. They consult with a wide range of individuals and agencies, using already established networks in the community. It helps the police to understand better the needs of communities and the feelings within that community of the effects of their actions and of other incidents. It helps to analyse objectively any factors which might impact on community tranquillity and confidence and the specific needs of groups or of 'at risk' communities. There is much valuable information to be gained from a wide range of sources. It allows the police to scan who is affected, analyse how likely something is to happen and its impact, identify options for a response and assess its impact. Community impact assessments will, of course, be used in relation to many different incidents which have an effect on a community, but having systems like this in place is helpful in looking at the impact of any particularly contentious march on the community or parts of the community.

10.35 The local authorities ensure that the community has access to events happening within the Merseyside area. Sefton Council provides a four monthly plan of events on its website and is looking at a publishing it in the local media. The Cultural Events Unit in Liverpool City Council also keeps a rolling programme of events on its website.

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