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A charity has filed a legal challenge over a “chilling” change in the law that restricts protest outside animal testing facilities in England and Wales by reclassifying them as “key national infrastructure”.
Animal Aid says last month’s amendment to the Public Order Act could capture even the most peaceful, non‑disruptive advocacy. It claims the change is unlawful because it goes beyond parliament’s intention at the time the act was passed.
The amendment created a new category of “life sciences infrastructure”, but the charity’s lawyers argue that it does not fall within the ordinary and natural meaning of infrastructure, nor within the existing statutory context, which is confined to nationally significant systems such as transport, energy and utilities.
Iain Green, the director of Animal Aid, said: “Designating animal research facilities as ‘key national infrastructure’ raises profound concerns about the future of peaceful advocacy in the UK. It risks legitimate scrutiny at a time when openness and scientific accountability are more important than ever.
“Protest has been instrumental in driving the transition to human-relevant science. Indeed the government’s recently published replacing animals in science strategy would not exist without it. Decades of protest and the subsequent raised public awareness brought about the UK’s ban on animal testing for cosmetics.”
Animal Aid argues that the new definition captures a wide range of universities, laboratories and licensed animal research facilities – including commercial premises – that are not of critical national importance and therefore goes beyond what parliament authorised. It has also raised concerns that the consultation was not conducted fairly.
It says informal engagement took place only with policing bodies and stakeholders from the life sciences sector whose interests the amendment was designed to protect, while animal welfare and protest groups were not consulted at all.
Edie Bowles, a solicitor at Advocates for Animals, which is representing Animal Aid, said the regulations “risk criminalising peaceful protest without proper legal basis”, adding: “The government has sought to expand serious public order offences through a broad amendment, following a consultation process that excluded the very groups most affected. Our client’s position is simple: measures that restrict fundamental rights must be lawful, proportionate and developed through a fair and transparent process.”
The amendment, which took effect on 12 February, via a statutory instrument, gives police broad powers against protesters who “deliberately or recklessly” disrupt life science sites, including through online campaigns, with penalties of up to 12 months’ imprisonment or a fine.
The vote to amend the Public Order Act was passed by 301 to 110, with the opponents including 26 Labour MPs. It was the latest in a series of steps taken by the Labour government that have been criticised for restricting the right to protest.
The grounds for judicial review state: “It will have a chilling effect on peaceful protesters and campaigners who are legitimately concerned by the ethical and scientific issues surrounding animal testing and experimentation.”
They say that the classification encompasses every facility in the country that involves, or is related to, live animal testing or experimentation regardless of whether it offers any wider public benefit.
A Home Office spokesperson said: “Peaceful protest is a fundamental part of our democratic society. People in this country will always be able to freely express their views.
“This change is about providing police with powers to respond proportionately to disruptive protest activity that undermines our nation’s health.”
