The villagers marched, demonstrated and sent in letters and petitions. Some people tried to stop the company from cutting down trees by standing in the way. Their campaign was entirely peaceful. But RWE npower discovered that it was legally empowered to shut the protests down.
Using the Protection from Harrassment Act 1997, it obtained an injunction against the villagers and anyone else who might protest. This forbids them from “coming to, remaining on, trespassing or conducting any demonstrations or protesting or other activities” on land near the lake(2). If anyone breaks this injunction they could spend five years in prison.
The act, parliament was told, was meant to protect women from stalkers. But as soon as it came onto the statute books, it was used to stop peaceful protest. To obtain an injunction, a company needs to show only that someone feels “alarmed or distressed” by the protesters, a requirement so vague that it can mean almost anything. Was this an accident of sloppy drafting? No. Timothy Lawson-Cruttenden, the solicitor who specialises in using this law against protesters, boasts that his company “assisted in the drafting of the … Protection from Harassment Act 1997″. In 2005 parliament was duped again, when a new clause, undebated in either chamber, was slipped into the Serious Organised Crime and Police Act. It peps up the 1997 act, which can now be used to ban protest of any kind.
