Boris Johnson has been rocked by a mammoth 14 defeats in the House of Lords to his “autocratic” crackdown on the right to protest.
Peers stayed up past midnight mauling new powers in the Police, Crime, Courts and Sentencing Bill that would have banned protests that were too noisy and jailed people who lock themselves to gates for six months.
Home Office minister Baroness Williams demanded peers stop “militants” like Insulate Britain and Extinction Rebellion who have stopped traffic and used up police time.
But new powers were branded “menacing and dangerous” by independent crossbencher and prominent QC Lord Carlile, the former independent reviewer of terrorism legislation.
Raging Home Secretary Priti Patel accused Labour of “choosing to defend vandals and thugs” after the vote. Labour Lords replied on Twitter by impersonating a sad trombone.
Some of last night’s 14 defeats were to pass opposition amendments.
This means Boris Johnson can choose to overturn these in a process called “ping pong” in the House of Commons. Measures that could be overturned include a bid to stop noisy protests becoming illegal.
But peers also rejected a string of government amendments - and due to Parliamentary process, Labour said it’s now impossible to bring them back unless Tory ministers draw up a new Bill.
That is because the amendments were brought to the Lords at the last moment, only after the Bill had already been considered in the Commons.
The new offences that have been defeated would have imposed six months' jail on protesters who lock themselves to railings or gates.
They would have imposed similar terms on activists who “wilfully” obstruct highways or the construction of major works like HS2.
Courts would get powers to impose “prevention orders” on protesters’ future behaviour, even if they’re not convicted of a crime.
And police would get sweeping new powers to stop and search protesters, even without suspicion a crime was committed.
Deputy Prime Minister Dominic Raab suggested the Government would bring back the noisy protests clause.
Asked if measures would be reintroduced, the Justice Secretary told BBC Radio 4's Today programme: "We'll look very carefully at all of that, but, yes, absolutely.
"In relation to noise, of course we support the right to peaceful and rambunctious protest, but it cannot be allowed to interfere with the lives of the law-abiding majority."
Home Office minister Baroness Williams of Trafford argued the last-minute crackdown was "vitally important in protecting the country from the highly disruptive tactics employed by a small number of people".
She said: "The rights to freedom of speech and assembly are a cornerstone of our democracy and this Government will not shrink from defending them.
"But a responsible Government, one that stands up for the rule of law, must also defend the rights and freedom of the law-abiding majority.
"Their rights cannot and must not be trampled on by a small minority of protesters, who believe they should not be answerable to the law and should be given carte blanche to cause any amount of disruption at any cost."
But Labour frontbencher Lord Rosser said the "sweeping, significant and further controversial powers" had not been considered by the Commons and branded it an "outrageous way to legislate".
He said: "We cannot support any of these last-minute, rushed and ill-thought-through broad powers... with the exception of approving the increased sentences for wilfully obstructing motorways and major roads."
Green Party peer Baroness Jones of Moulsecoomb: "These are draconian laws that are a wider assault on our democracy."
She added: "We have a government who is actually passing rules for us, but not acting according to those rules themselves, and the police protect the powerful while getting more oppressive power to use against the voiceless. This is an autocracy not a democracy."
Independent crossbencher and prominent QC Lord Carlile of Berriew, who previously served as independent reviewer of terrorism legislation, said: "The dilution of without-suspicion stop and search powers is a menacing and dangerous measure."
Liberal Democrat Lord Paddick, who was a deputy assistant commissioner in the Metropolitan Police, said: "If the Government is determined to bring in these draconian, anti-democratic laws, reminiscent of Cold War eastern bloc police states, they should withdraw them now and introduce them as a separate Bill to allow the democratically elected House time to properly consider them."
He added: "The anti-protest measures in the original Bill were dreadful. These measures and the way they have been introduced are outrageous."
Greenpeace UK’s political campaigner, Megan Randles, said: “These votes are a clear victory for democracy and our freedoms.
“It’s so fitting that the many protests staged over the past few days against these outrageous attempts to remove our right to protest played such a key role in defeating the government last night.
“There couldn’t be a clearer demonstration of why removing these fascist amendments was so important.”
Anger had been boiling up for weeks, with 'Kill the Bill' protests taking place across the UK. Last week, Home Secretary Priti Patel was ambushed in a Zoom call to young Conservative activists.
