TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 94

CCPR/C/58/Add.6 page 62

275. The imposition of conditions on a march or meeting, or the prohibition of a march, can be challenged in the courts by way of judicial review if they are thought to have been imposed unreasonably. Because conditions can, if necessary, be imposed by the senior police officer at the scene, situations might in principle occur where the judicial process could not take place between the imposition of conditions and the start of the event. However, the imposition of conditions a breach of which constitutes a criminal offence could be challenged in any such criminal proceedings. In practice, significant assemblies or processions are invariably discussed between the organizers and the police some time in advance (there is a statutory duty to give notice of certain public processions to the police), and the Government knows of no circumstances where conditions have been imposed at the last moment.

276. Section 1 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which replaced similar provisions in the 1974, 1976 and 1984 Acts of the same title) does however enable the Secretary of State to proscribe in Great Britain any organization that appears to him to be concerned in terrorism occurring in the United Kingdom connected with Northern Irish affairs, or in promoting or encouraging it. The Irish Republican Army (both provisional and official wings) has been proscribed since 1974, and the Irish National Liberation Army since 1979. No other organization has yet been proscribed in Great Britain. For the purposes of this legislation, terrorism is described as "the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear".

277. The power to proscribe in this legislation does not extend to Northern Ireland itself, where the power of proscription is conferred by section 21 of the Northern Ireland (Emergency Provisions) Act 1978 and section 9 of the Northern Ireland (Emergency Provisions) Act 1987.

The power to proscribe is used only against organizations which are actively and primarily engaged in the commission of criminal terrorist acts. In Northern Ireland, the following organizations are proscribed: the Irish Republican Army, the Irish National Liberation Army, the Ulster Volunteer Force, the Ulster Freedom Fighters, Cumann na mBan, Fianna na hEireann, the Red Hand Commando and Saor Eire.

278. It is an offence under the 1978, 1987 and 1989 Acts to belong to a proscribed organization; to solicit support for or contribute to the resources of a proscribed organization; to arrange meetings in support of a proscribed organization; and to display support in public for a proscribed organization.

Article 22

Trade unions

Listing is

279. On 31 December 1988, there were 354 listed trades unions. voluntary, and there may be more unions which are not listed. The main trades unions federations are the Trades Union Congress, the Council of Managerial and Professional Staffs, the Federation of Managerial, Professional and General Associations, the Council of Managerial, Professional and Allied Staffs, the Confederation of Shipbuilding and Engineering Unions and the General Federation of Trade Unions.