MSP's Faslane protest not protected speech

No special human rights protection for sit-down Quinan blocking the road

News, 18 March 2005

Lloyd Quinan has failed in his bid to overturn a conviction for breach of the peace by sitting in the roadway blocking the entrance to the Faslane submarine base.

The former SNP MSP was arrested, while a serving member, during a protest at the nuclear base when he was one of 20 or 30 protesters who sat in the public road, linking arms and blocking access to and from the base. He refused to move despite a police warning.

Mr Quinan argued that under European human rights law, criminal sanctions against a protest by an elected representative could be justified only if such interference was necessary in a democratic society. Protest by action, as well as by words, was protected and his protest had been peaceful.

Lord Hamilton, Lady Paton and Lord Clarke, sitting in the criminal appeal court, rejected his contention. Lord Hamilton, speaking for the court, pointed out that the sit-down protesters were a small minority of about 200 who had gathered at the base. "[Mr Quinan's] behaviour and that of the other members of that group may be contrasted with that of the vast majority of the protesters present who were prepared to make their protests without such disruption."

Mr Quinan's conduct, he continued, was clearly contrary to law and his arrest and subsequent prosecution were in pursuit of a legitimate aim. "These actions were also, in our view, proportionate - even on the basis that the appellant was, and conceived himself to be, acting in a representative rather than in a personal capacity at the material time.

"In the present context, where the democratic interest in freedom of expression by elected representatives can be met as readily by such a representative publicly demonstrating lawfully as unlawfully, we see no ground for holding that it is disproportionate to apply the law to him in the same way as to his fellow citizens."