Police appear to have clashed with their political boss over the rights of abortion protesters.

A statement by the police issued yesterday says the Human Rights Act of 2001 allows protesters the right to demonstrate, contradicting what was said in the House of Keys this week.

This came despite Home Affairs Minister Bill Malarkey MHK - the politician who oversees law and order, including the police force - commenting in the House of Keys on Tuesday suggesting that the Chief Constable could decided whether legislation had been breached.

Mr Malarkey was responding to questions from Jason Moorhouse MHK (Arbory, Castletown and Malew) regarding the images some have deemed offensive referencing answers previously given in January.

In January, Policy and Reform Minister Chris Thomas MHK (Douglas Central) identified a number of legislation provisions that could be applied to control the display of such images.

’They included section 343 of the Criminal Code 1872 that makes it a misdemeanour to do any act or thing that is: to the disturbance of the public peace, or injurious to public morals, or outraging decency. There is also the Obscene Publications and Indecent Advertisements Act 1907.’

However, Mr Malarkey added: ’I think it is important, at this point, that the determination of whether or not legislation has been breached is an operational decision, firstly for the Chief Constable, and then secondly for the courts.’

The police responded to this in a statement saying: ’The Isle of Man Constabulary is aware of an exchange in the House of Keys this week and subsequent media reporting of it and of the continuing anti-abortion protests that have taken place at various places across the island.

’Members of the public will have been given the impression that, if they make a complaint to the police, action will be taken. As things stand, this is not the case.’

The police go on to say that the protesters not only have the Human Rights Act on their side, but also have committed no offence and the police are in regular contact with the groups and are aware of their activities.

The statement continued: ’Should the nature of the protests change, or should the tactics being used by protesters alter, then the police reserve the power to intervene and take action.’

Mr Moorhouse’s questions came after anti-abortionists held a protest in Castletown Square over lunchtime, which Mr Moorhouse said targeted pupils of Castle Rushen High School and had upset parents who felt their children should not be approached.

Mr Malarkey responded to this, adding: ’Children should not be involved and if they find it offensive or if they are approached and it is pushed into their hand, please report it to the police - then the police can do something about it.’

The anti-abortion protesters have frequently faced calls to be shut down or their images removed, however under the Human Rights Act of 2001 which is taken from the European Convention, they have every right to have their say. In the act, Article 10 says: ’Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.’

The Abortion Reform Bill, which passed its third reading in the House of Keys this week, does include a provision to ban protests outside abortion clinics - but not elsewhere.

See the report in this week’s Manx Independent.