Clarke defends new protest rule

Ms Evans was tried at Bow Street Magistrates' Court

The woman arrested for listing the UK's Iraq war dead in central London, should have sought permission for her demonstration, Charles Clarke has said.

Maya Evans, 25, recited the 97 names by the Cenotaph memorial to Britain's war dead in Whitehall, near Downing Street.

She was found guilty of breaking a new law stopping unauthorised demonstration within half a mile of Parliament.

The home secretary said as a young student activist he had always asked the police first before any protest.

Speakers' Corner

He said that he understood Ms Evans "was not prepared, as a matter of principle to seek authorisation".

Ms Evans, a vegan cook from Hastings, was given a conditional discharge and ordered to pay £100 costs after being found guilty of breaching the Serious Organised Crime and Police Act 2005.

When I was a young student activist we used to organise much larger demonstrations than this outside Westminster, but always agreed with the police Charles Clarke

Mr Clarke told BBC Radio 4's Today programme that there were places people could go to air their views, like Speakers' Corner in Hyde Park, and through the newspapers.

"The question is whether within a kilometre of Parliament the kinds of demonstrations which could take place can take place without the authorisation of the police - and that's why Parliament legislated as it did," he said.

"If the lady concerned had wanted to make her demonstration in the way that many, many other people make their demonstrations in Westminster, outside Downing Street, outside government offices, the police would have had no reason as far as I can see to stop her doing it.

"Of course it was a modest demonstration. I think she's entitled to make that demonstration in accordance with the law - that's the way that things have always gone.

"When I was a young student activist we used to organise much larger demonstrations than this outside Westminster, but always agreed with the police and that's the way things always have been in this country."

Freedom of speech issues

Critics claim Ms Evans arrest and conviction was over the top for what was seen as a peaceful protest.

They also accuse the government of clamping down on freedom of speech.

But Lord Falconer, the lord chancellor, said the law was a "sensible" precaution to stop disorder rather than an attack on free speech.

Asked about the case on Tuesday Lord Falconer said: "Freedom of speech is alive and well in this country. We are a country which could not be freer in its press, in what we say.

"The idea that we take a measure, which is a public order measure, designed to protect our Parliament building, as depriving us of freedom of speech is ridiculously overdone.

"There isn't a country in the world that doesn't take particular measures to protect its Parliament."

The new law was initially intended to remove Brian Haw, an anti-war protester who has camped in Parliament Square for four years.

But Mr Haw successfully fought off the latest attempt to evict him in the High Court, by arguing his protest pre-dated the legislation.