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WALTHAM FOREST: Council defends protester prosecution threats

Protesters are a familiar site in Walthamstow town square Protesters are a familiar site in Walthamstow town square

THE council has defended its use of a century old by-law to threaten protesters with prosecution.

Socialist Party members are angry they have been confronted by council officers after setting up tables in order to display leaflets in Walthamstow town square.

The campaigners say they have used the same spot for years without being notified of a problem.

But during a recent protest calling for a public enquiry into the council's long-term mismanagement of contracts, a council officer informed them they were breaking the law and could be fined £500.

A council spokesman said the by-law has always been enforced, but until recently there have not been enough enforcement officers working at the weekends to catch people breaking it.

The authority has increased its number of environmental enforcement officers, who tackle flytipping, dog fouling and littering.

This has been funded by scrapping the street warden service.

A spokesman said: "The council has a clear duty to take action where there are clear breaches of its by laws.

“We are determined to ensure there is fairness for the overwhelming majority of groups who follow these rules.

"Any person or group wishing to operate in these areas needs to have the correct permission, in the form of a signed agreement, and have paid the appropriate fee."

Socialist Party members have accused the authority of attempting to stifle free speech and are organising a “day of action”, called Campaign 2 Campaign, in the town square on March 6 from noon.

Campaigners are calling on residents to set up stalls, and bring banners and megaphones to demand the right to protest.

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Comments(20)

Morris Hickey says...
12:41pm Wed 3 Feb 10

Stalin would have been proud of the junta rulingLBWF. Roll on 6 May.

jrp says...
12:47pm Wed 3 Feb 10

"The council has a clear duty to take action where there are clear breaches of its by laws" except when it's their own staff or councillors who are breaking the law!!!!!!

newyear says...
2:29pm Wed 3 Feb 10

If it's a by-law, it's a by-law and no person or group should be exempt from it. The problem, as with many other local issues, appears to have resulted from patchy or inconsistent enforcement, which may lead to the impression that particular groups are being picked on. In fact it's probably quite random and I'm always inclined to believe the ****-up over the conspiracy theory. I would urge people to resist the call to a “day of action” as this will only increase pressure on already overstretched council and police officers. It's now clear what the rules are and we should all abide by them, or seek legitimate democratic means to change them if we don't like them.

Morris Hickey says...
2:33pm Wed 3 Feb 10

newyear wrote:
If it's a by-law, it's a by-law and no person or group should be exempt from it. The problem, as with many other local issues, appears to have resulted from patchy or inconsistent enforcement, which may lead to the impression that particular groups are being picked on. In fact it's probably quite random and I'm always inclined to believe the ****-up over the conspiracy theory. I would urge people to resist the call to a “day of action” as this will only increase pressure on already overstretched council and police officers. It's now clear what the rules are and we should all abide by them, or seek legitimate democratic means to change them if we don't like them.
It may be a bylaw - it's also 100 years old, and now suddenly being applied with overkill.

Techno2 says...
2:35pm Wed 3 Feb 10

newyear wrote:
If it's a by-law, it's a by-law and no person or group should be exempt from it. The problem, as with many other local issues, appears to have resulted from patchy or inconsistent enforcement, which may lead to the impression that particular groups are being picked on. In fact it's probably quite random and I'm always inclined to believe the ****-up over the conspiracy theory. I would urge people to resist the call to a “day of action” as this will only increase pressure on already overstretched council and police officers. It's now clear what the rules are and we should all abide by them, or seek legitimate democratic means to change them if we don't like them.
I tend to agree. If the by-law is unfit for modern purposes, it seems people should make proposals for its revision or abolition rather than simply breaking it. People who are concerned should email or write to each of their councillors and ask them where they stand on the issue.

newyear says...
2:37pm Wed 3 Feb 10

Good advice, Techno2

newyear says...
2:40pm Wed 3 Feb 10

Morris Hickey wrote:
newyear wrote: If it's a by-law, it's a by-law and no person or group should be exempt from it. The problem, as with many other local issues, appears to have resulted from patchy or inconsistent enforcement, which may lead to the impression that particular groups are being picked on. In fact it's probably quite random and I'm always inclined to believe the ****-up over the conspiracy theory. I would urge people to resist the call to a “day of action” as this will only increase pressure on already overstretched council and police officers. It's now clear what the rules are and we should all abide by them, or seek legitimate democratic means to change them if we don't like them.
It may be a bylaw - it's also 100 years old, and now suddenly being applied with overkill.
Magna Carta is almost 800 years old, Morris Hickey - your point is?

Morris Hickey says...
3:18pm Wed 3 Feb 10

newyear wrote:
Morris Hickey wrote:
newyear wrote: If it's a by-law, it's a by-law and no person or group should be exempt from it. The problem, as with many other local issues, appears to have resulted from patchy or inconsistent enforcement, which may lead to the impression that particular groups are being picked on. In fact it's probably quite random and I'm always inclined to believe the ****-up over the conspiracy theory. I would urge people to resist the call to a “day of action” as this will only increase pressure on already overstretched council and police officers. It's now clear what the rules are and we should all abide by them, or seek legitimate democratic means to change them if we don't like them.
It may be a bylaw - it's also 100 years old, and now suddenly being applied with overkill.
Magna Carta is almost 800 years old, Morris Hickey - your point is?
My point is that it has not worried LBWF until 13 weeks before an election and they are under justifiable fire for their incompetence over the last 195 weeks. It's called gagging the criticism.

newyear says...
4:19pm Wed 3 Feb 10

I see where you're coming from, Morris Hickey - impending elections do tend to concentrate the political mind!

inézc says...
5:05pm Wed 3 Feb 10

magna Carta was actually repealed.....but she may have died in vain

newyear says...
6:00pm Wed 3 Feb 10

In its original form, admittedly, inézc, but as I understand it by the 19th century most of its provisions had been incorporated into English Law, the most important being habeas corpus.

newyear says...
6:54pm Wed 3 Feb 10

PS: I think rumours fo the death of Magna Carta are much exaggerated but the spirit of habeas corpus has almost been broken in the name of the prevention of terrorism. I think we need to be careful as a society that we don't destroy the very things we value and seek to protect and, in relation to Town Square, the rights of assembly and free speech need to be considered very carefully against the need to uphold public order.

amanda27 says...
8:48am Thu 4 Feb 10

This just strikes me as another example of the council using any means to achieve its own objectives, abusing its power for its own political gain.

amanda27 says...
8:50am Thu 4 Feb 10

The council have removed street wardens (how much money did they waste on that initiative?) to police us with “environmental enforcement officers” who are there to enforce outdated by-laws while we are desperately short of real police officers whom the street wardens supported. What kind of strategy is that?

amanda27 says...
9:01am Thu 4 Feb 10

I know of an environmental crime, which is also a great example of the council’s wastefulness. Across the borough a number of council officers just sit in little cars with cameras on top, often with the engine running and often in restricted places causing disruption, spying on residents. This council needs to start to lead by example, “do as I say not as I do” does not work.

newyear says...
10:07am Thu 4 Feb 10

Several interesting and valid points there, amanda27. In relation to street wardens (a tokenistic initiative if ever there was one) I believe some of the money saved from thier abolition was put towards employing two dedicated police constables to patrol High Street and the market. I think that was money well spent. In relation to Town Square I think we either have to have blanket and imartial enforcement or repeal the by-law. The current fudge will only lead to more problems of this kind - especially in the run-up to the local and general elections.

DickyWilko says...
1:34pm Thu 4 Feb 10

amanda27 wrote:
I know of an environmental crime, which is also a great example of the council’s wastefulness. Across the borough a number of council officers just sit in little cars with cameras on top, often with the engine running and often in restricted places causing disruption, spying on residents. This council needs to start to lead by example, “do as I say not as I do” does not work.
Apart from the environmental double standards of the council on this, all tickets issued are illegal, since being parked with engines running is in breach of the Highway Code.

Tom Thumb says...
8:29pm Thu 4 Feb 10

DickyWilko wrote:
amanda27 wrote: I know of an environmental crime, which is also a great example of the council’s wastefulness. Across the borough a number of council officers just sit in little cars with cameras on top, often with the engine running and often in restricted places causing disruption, spying on residents. This council needs to start to lead by example, “do as I say not as I do” does not work.
Apart from the environmental double standards of the council on this, all tickets issued are illegal, since being parked with engines running is in breach of the Highway Code.
Get real. The Highway Code is not a legal document, and your claim that tickets issued are illegal is nonsense. The CCTV smartcars have their engines turned off. They are there to enforce traffic laws. If drivers didn't break them to such a large extent there would be no need for them to be there.

amanda27 says...
2:22pm Fri 5 Feb 10

Many of the rules in the Highway Code are legal requirements and disobeying these rules constitutes a criminal offence this applies to both the council and residents – or at least in theory.
I have on more that on occasion witnessed the smart car that appears to be resident at the end of Essex Road, by the junction with Lea Bridge Road E10, sit with engine running.
Indeed traffic laws, such as the ones in the Highway Code, do need enforcing but the council should find a more efficient way of achieving this that placing officers in cars with cameras on the top that spend much of their time in one spot, just the camera would be sufficient.

Tom Thumb says...
6:46pm Fri 5 Feb 10

amanda27 wrote:
Many of the rules in the Highway Code are legal requirements and disobeying these rules constitutes a criminal offence this applies to both the council and residents – or at least in theory. I have on more that on occasion witnessed the smart car that appears to be resident at the end of Essex Road, by the junction with Lea Bridge Road E10, sit with engine running. Indeed traffic laws, such as the ones in the Highway Code, do need enforcing but the council should find a more efficient way of achieving this that placing officers in cars with cameras on the top that spend much of their time in one spot, just the camera would be sufficient.
You are wrong, Amanda.

The Road Traffic Act 1988 says “A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind.”
The Highway Code is only relevant to enforcement where it duplicates matters which are dealt with separately by legislation. As its title indicates it is a CODE, not a set of statutory requirements. The Highway Code can be useful in establishing liability but it is not a legal document.

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