Did Jim Murphy's St. Enoch Square Political Rally break the law?

What is a public space for?
This is a question governments, local councils and policy makers struggle with. Should we build an Opera House for wealthy opera lovers or a free-to-use recording studio for amateur bands? Or should we just leave the public space as that - an empty space, perhaps with a bench or two, allowing the community a place to congregate in? What does the decision made say about your community and the direction you want it to go down?

What does Jim Murphy think?

He and his band of supporters descended onto a public space outside the entrance to St. Enoch subway station right in the heart of Glasgow. The space he chose is one of the busiest shopping areas in Scotland, next to a huge shopping mall and stones' throws away from Glasgow's two main overground railway stations.

Glasgow City Council must have asked themselves the question: what should we do with this public space? Their decision was to leave it as that: a public space. It is called St. Enoch Square. But the part Jim Murphy stood on was the extension of Buchanan St across Argyle St (though once it crosses Argle St, it becomes part of the square).

I've looked at two areas of Glasgow City Council's regulations. One is for buskers and one is for processions.

Busking
If Jim Murphy was a busker and playing music, then the Glasgow City Council guidelines in this Street Performers: A Guide to Good Practice document would apply to him. Here are some he should take note of:

• Don’t obstruct the pavements or precincts with your equipment. 

I believe Jim Murphy and his band were doing just that - blocking easy access to St. Enoch subway station.

• Be aware that certain areas require silence like hospital zones, around churches, funeral homes, cemeteries and transport terminals where announcements need to be heard. Such areas are not suitable for busking.

Were Jim Murphy's and Eddie Izzard's amplified voices disrupting the announcements of the subway station whose entrance they were obstructing?

 Procession
Glasgow City Council have a page called Public Processions and, towards the bottom of the page there is a link to a PDF called Policy and Code of Conduct on Public Processions Booklet [154kb]. It contains some interesting material, for example this:

“Procession” means any organised, moving public procession in a public place as defined in the Civic Government (Scotland) Act 1982, and, for the purposes of this Policy and Code of Conduct, the term “Procession” shall include cavalcades, commemorations, celebrations, demonstrations, festivals, kirkin’, marches, parades, protests, rallies, remembrances, ridings and walks, whether by individuals or vehicles; 

Jim Murphy is said to have held a rally at St. Enoch Square. I'm neither a council worker or lawyer but it seems his rally would be covered by this legislation. The same document also states:

Processions tend to be organised by civic, cultural, political, arts or religious organisations, community groups or other interest groups.

I think it is clear that a political rally like the one Jim held is a "procession." It also includes this gem, aimed at religion at politics:

There have been occasions when Participants (or Followers) have displayed an overtly controversial political or religious affiliation which has caused offence to others and, in a number of cases, has provoked public disorder. The Council cannot condone such behaviour. It is inconsistent with a friendly, inclusive and tolerant city. It also has a negative impact on how Glasgow is seen by the wider world.

I think that section above, found at the bottom of page 4 of the policy document, blames Jim Murphy for provoking public disorder because he displayed an overtly controversial political affiliation. Not being a lawyer, I can't say if Scottish Labour is controversial or not but, given the mood in Scotland at the moment, I think a good lawyer could argue that it was.

At the top of page 6 of the policy document, it states this

• the minimum amount of notice that Procession Organisers must give to the Council about their intention to march is 28 days;

I hope Jim Murphy and Scottish Labour did give at least 28 days notice to Glasgow City Council before they held this political rally in St. Enoch Square. The document also notes that:

• feedback from Glasgow’s residents, strongly favouring a reduction in the number of Processions in local areas of the City and in the City Centre;
• details as to whether or not the Procession will be routed through the City Centre and justification for following this route

One would imagine that the Council would take the residents' wishes into account and not allow Jim Murphy's political rally in the City Centre to go ahead.

Conclusion
I am no lawyer and can't say for certain that Jim Murphy has broken the legislation governing street performance and political rallies. However, I think a response from Scottish Labour and Glasgow City Council on this St. Enoch Square Political Rally is definitely required.