Belfast City Council have drawn up bye-laws which critics say would target information and advocacy stalls, religious street preachers, and buskers in the city centre.
The proposed laws are the subject of a public consultation, launched this week, which will run until March.
The Council has asked members of the public to give their feedback on the proposed laws, which they say are “aimed at reducing noise nuisance in the city centre, and making the area more welcoming to visitors and shoppers.”
But a leading pro-life organisation Precious Life, which runs a weekly pro-life information and advocacy stall in the city centre on a Saturday, says that the laws were “an attack on free speech” and are aimed at those who want to bring a message to the public square.
Belfast City Councillors previous agreed to use powers available to the council – under the Local Government Act (NI) 1972, to “look at ways to tackle issues arising in recent years, from loud busking, religious preaching and various other activities involving the use of amplification devices or graphic imagery.”
If the laws are passed, anyone carrying out activities, such as holding a stall or playing music without a permit will be fined £500.
The proposed laws gained support from councillors within the Alliance Party, the Green Party, People Before Profit, and Sinn Fein.
Belfast City Council said that when developing the bye laws, it had sought to “strike a balance between freedom of expression and the need to tackle the nuisance that can result when multiple individuals or organisations come together in busy pedestrian areas to share their views, ideas or performances, often using amplification devices.”
It referred to the “cumulative impact of some activities has had a negative impact on some areas.”
“Under the initial proposals, anyone who wishes to use an amplification device in the city centre, including the primary retail core, would require a permit from the council. This would include any situation where on-street amplification is used, such as busking, preaching and outdoor performances,” the council said in a statement.
“The same rules would also apply to anyone wishing to place a stand, stall or vehicle carrying any form of promotional literature or other information, regardless of its purpose. This would include displays of graphic imagery,” it continued.
“It is proposed that a modest annual fee will be charged to cover the costs of administering the permit scheme.”
“Under the initial proposals, anyone who wishes to use an amplification device in the city centre, including the primary retail core, would require a permit from the council. This would include any situation where on-street amplification is used, such as busking, preaching and outdoor performances,” according to the council.
Those rules would also apply to anyone wishing to place a stand, stall or vehicle carrying any form of promotional literature or other information, regardless of its purpose – which would include displays of graphic imagery.
In addition, “The council is also proposing that permits would be valid for one year, in most cases, and would entitle the holder to carry out their agreed activity for a maximum of one hour in the primary retail core, or two hours in the wider city centre.”
In the consultation, the public are asked a number of questions, including: “To what extent do you agree or disagree that the council should introduce rules and regulations around the use of amplification devices and the display of promotional literature or other information (including the display of graphic imagery) in the city centre?”
They are asked if in the past 12 months, they have displayed promotional literature or other information (including the display of graphic imagery) or used an amplification device in the city centre – and are further asked, “What is your experience of the display of promotional literature or other information in the city centre (including the display of graphic imagery)?”
“What is your experience of the use of amplification devices in the city centre (i.e. speakers, public address system, loudspeaker, megaphone or any electronic device for the amplification of sound)?” is also a question posed.
According to the Council, conditions could be added for permit holders, depending on the “nature, extent or location of their proposed activity” — and the council would have the ability to vary or revoke permits which have been previously issued.
Pro-life organisation Precious Life, which runs a weekly pro-life information and advocacy stall in the city centre on a Saturday, said that the laws were “an attack on free speech” and told Gript they believed if the proposal was passed it would be aimed at pro-lifers and those who wished to be heard in the public square.
Bernadette Smyth, who directs the group, described the legislation as “far-reaching and disproportionate” and said the laws would specifically target pro-life stalls and street preaching. She added, in a statement released by the group, that the laws will be so broad that “any group or organisation with a public presence should be concerned.”
“Bye laws should only be considered as a last resort after a council has tried to address any particular issues through other means. And bye laws cannot be made where alternative legislative measures already exist. Bye laws should also be proportionate and reasonable,” she said.
She added that the bye-laws in question were not a “measure of last resort” because the Council had not attempted to address any alleged issues through other means.
“And legislation already exists – the Public Order Act – that can be used to address any alleged issues,” she said.
“The Council’s proposals are definitely not proportionate and reasonable because they conflict with the rights to freedom of assembly and freedom of expression. These are fundamental human rights – both protected under Articles 10 and 11 of the Human Rights Act.”
“The proposals also breach the Good Friday Agreement. In its section affirming the Human Rights of everyone in Northern Ireland, the Good Friday Agreement states, ‘The parties affirm their commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community …the parties affirm in particular …the right to freedom and expression of religion’.”
The final bye-laws are to be brought to the Department for Communities for approval before they can be formally adopted and implemented by Belfast City Council.