Where does the public’s right to peaceful protest tip over into criminal activism?

That is the tricky dilemma the government has as it strives to find a way of balancing these two contrary positions and in a way that is clearly understood.

The case for police forces to be given greater clout in tackling protesters is, it seems, to be based on a judgement that they are preparing to take action, rather than a judgement that is based on action they have taken.

So, if protesters pitch up at a motorway junction gantry with not just banners but ropes, crampons and safety helmets the police will be able to treat them as if they are preparing to take disruptive action and arrest them.

Of course, it is not as simple as that. For all the government’s rhetoric about preserving the right to protest, changes to the Public Order Bill - had they been in place last year - could have brought protests staged by Insulate Britain and Just Stop Oil on Kent’s motorways to an end sooner rather than later.

In the court of public opinion, a commitment to toughening up existing legislation is probably going to go down well.

The case of a man unable to get to his father’s funeral pulled at the heart strings and led to a furious attack from Dartford MP Gareth Johnson, who urged the Prime Minister to consider making Just Stop Oil a proscribed organisation “so they can be treated as the criminal organisation they actually are.”

The danger is that protest groups might continue their activities if only to test the legislation in the courts - win or lose, they will get another platform to promote their cause.

WHICH brings us round to a mini-revolt among rebellious Conservative MPs pushing for changes to the Online Safety Bill.

The 30-odd MPs want the legislation amended to make provision for prison sentences to be imposed on company bosses who allow inappropriate material to be posted on their websites.

The only thing under the current legislation they would be criminally liable for would be failing to give information to Ofcom.

Two Kent MPs - South Thanet MP Craig Mackinlay and Dover and Deal MP Natalie Elphicke - are among 36 Tory MPs backing a plan to make social media bosses face prison if they fail to protect children from damaging content online.

Other Conservatives supporting the amendment include former Tory leader Sir Iain Duncan Smith, and other ex-ministers including former home secretary Priti Patel.

It does seem odd that the Conservative government is wary about these changes - in contrast to the hardline it is taking against campaign groups who brought motorways to a standstill last year.

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