Gatherings and laws progress trying to prevent them

s g n i r e h t a G s w g a n l i y d an ss tr hem re nt t g pro reve p to

ALAN LODGE

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One Eye on the Road Alan Lodge alan@alanlodge.co.uk http://alanlodge.uk

online version with interactive links throughout

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The government has consulted on new police powers to criminalise unauthorised encampments ....... and more

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ome of us have been involved for years in opposition to progress of laws ranged against us and our activities. I come from a free festival and traveller background. Surprisingly to many, I also worked as an accident ambulanceman in the London Ambulance Service. I worked for ‘Release’ a drug and welfare organisation and helped set up the ‘Festival Welfare Services’ and the ‘Travellers Aid Trust’ charities that helped to provide medical, social and legal advice services to those attending events. Those that the state excluded and made no provision for. We also felt that we should try to do many of these things for ourselves. DiY. At the Beanfield / Stonehenge 1985 and many other events before, the police were able to 'deal with us' by means of High Court Injunctions. These were temporary bits of law that judges provided the police with a 'legal cloak' to provide cover for their operations.

The tory government at the time, then passed the Public Order Act 1986, enacted in 1987.

Section 39 of that act says: Power to direct trespassers to leave land.

(1)If the senior police officer reasonably believes that two or more persons have entered land as trespassers and are present there with the common purpose of residing there for any period,

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that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and— (a)that any of those persons has caused damage to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or (b)that those persons have between them brought twelve or more vehicles on to the land, he may direct those persons, or any of them, to leave the land. http://www.legislation.gov.uk/ukpga/1986/64/section/39/enacted

Thus a new criminal offence for a being a trespasser on land and not to leave it after being ordered to by police.

The Home Office had stated: “That the clause was a response to the `problems’ of new age travellers and that the power is not aimed primarily at Gypsy groups”.

Yea right!

All of this resulted in the virtual end of the Free Festivals, through 1987 .... and onwards. Some disagree with me, but a 'second wave' of events then started.

If section 39 says that we may not 'reside there'. What if we don’t reside there, but stay up all night and 'make a racket' ?? :-) …. thus, the beginnings of the Free Party Scene. A new style developed getting round the law. It is obvious though, that many of the same people with the same tackle from the festivals were instigators in the party events. Many of us felt more optimistic at these events, since towards the end of the 80s things were getting bad on the festival circuit and simply turning into a refugee column. Then raves revitalised the scene Political attention, once again, was now targeted against these new impromptu rave events, resulting in the Entertainment (Increased Penalties) Act 1990. Introduced by John Majors

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Personal Private Secretary, Graham Bright, this private members bill brought in massive fines of up to £20,000 for the organisers of unlicensed events. Once again this legislation had a dramatic effect on the free festival/rave scene, pushing event organisation into the hands of large commercial promoters with the necessary sums required to pay for licences and policing.

Entertainments (Increased Penalties) Act 1990

http://www.legislation.gov.uk/ukpga/1990/20/section/1/enacted

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he second chapter of all this, starts from the first resurgence of a large event at Castlemorton at the base of Malvern Hills in May 1992.

Leaked documents from Avon and Somerset Constabulary demonstrated the existence of Operation Nomad. Force Operational Order 36/92 marked `In Confidence’, revealed: “With effect from Monday 27th April 1992, dedicated resources will be used to gather intelligence in respect of the movement of itinerants and travellers and deal with minor acts of trespass. Resources will be greatly enhanced for the period Thursday 21st May to Sunday 24th May inclusive in relation to the anticipated gathering of Travellers in the Chipping Sodbury area.”

As a result the thousands of people travelling to the area for the expected Festival were shunted into neighbouring counties

by Avon and Somerset’s Operation Nomad police manoeuvres. West Mercia Police were overwhelmed by the arrival of upwards of

30,000 folks. Many were in the area already because of our tradition of having the a free festival around Inglestone / Sodbury Commons in Avon, around the May Bank Holiday.

So, again, the Tory government thought we can’t have all this and the Home

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Secretary of the time, Michael Howard said at the Conservative Party conference that he promised grass-roots supporters the most comprehensive programme of action ever launched against crime. Listing 27 measures, Mr Howard said: “In the last 30 years, the balance in the criminal justice system has been tilted too far in favour of the criminal and against the protection of the public. The time has come to put that right. I want to make sure that it is criminals that are frightened, not law-abiding members of the public.�

The outcry following Castlemorton provided the basis for the most draconian law yet levelled against alternative British culture. Just as the Public Order Act 1986 followed the events at Stonehenge in 1985, so the Criminal Justice and Public Order Bill began its journey in 1992, pumped with the manufactured outrage following Castlemorton. By the time it reached statute two years later, it included criminal sanctions against assembly, outdoor unlicensed music events, unauthorised camping, and `aggravated trespass’. The law also reduced the number of vehicles which could gather together from twelve (as stipulated in the Public Order Act 1986) to six.

The more famous section was their effort in trying to get a legal definition of what they mean.

Section 63. Powers to remove persons attending or preparing for a rave (1)This section applies to a gathering on land in the open air of 20 or more persons (whether

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or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose— (a)such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and (b)“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.

Criminal Justice and Public Order Act 1994

http://www.legislation.gov.uk/ukpga/1994/33/section/63

A group of "ten or more persons" waiting for "such a gathering to begin there," will find themselves being asked to "leave the land and remove any vehicles or property," they happen to be in possession of on the land. Police officers of at least the rank of superintendent, were granted permission to make arrests and seize equipment.

Looking back at the Legal Bill that Killed off British Rave Culture We examine the four pages of documents that effectively put an end to the golden days of the UK party scene. - Vice UK

https://www.vice.com/en_uk/article/xypmmw/looking-back-at-the-legal-bill-that-killed-off-british-rave-culture

Some media descriptions of Travellers / Ravers included “hordes of marauding locusts” (Daily Telegraph), and “These foul pests must be controlled” (Daily Mail).

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ow we get to chapter three of this saga. Some of us have been crying about this since this new review was announced. So many times in the past, I have tried to point out to people that they do mean YOU. So many people always seem to think in these developments, that the law is pointing at someone else. They were wrong then and they are wrong now ……

In November 2019, the Home Secretary Priti Patel announced a review of the law to extend the Public Order Act 1986 and the Criminal Justice Act 1994 in dealing with Police Powers to Tackle Unauthorised Encampments. This review has concluded in March 2020.

Those that even knew that this was happening think that she just means gypsy travellers at the side of the road or on private land. Hence mostly only those folks and their representatives took the trouble to respond and say all this strengthening of the law is a bad idea.

I say that when this finally comes out as a bill, it will include a shed-load of further trouble for a whole load of different people engaged in such a variety of activities.

Aggravated trespass, protest, union activities, festivals, parties, assemblies of a variety of sorts.

Even the ramblers are worried it might restrict access to the countryside. [I think that this does show such a wide variety of people are likely to be affected].

Those that bring vehicles and equipment on land would then not just have them confiscated and returned a bit later … but destroyed.

At time of writing, we are in the middle of a countrywide lockdown, with the country trying to deal with the Covid-19 pandemic, hence I guess some of the process is on hold or delayed.

Haven’t heard of developments for a little while, BUT it will happen and I feel folks need to be more aware. To then consider what are you going to do about it?

I might add that some folks organising ‘raves’ in Leeds Leeds Rave at a Nature reserve: Illegal woodland rave in Leeds sparks anger as 200 people break lockdown rules to party. May 2020 https://www.leeds-live.co.uk/news/leeds-news/illegal-woodland-rave-leeds-sparks-18310399

.. and Manchester over 13/14th June [and many others] during the current emergency are most

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definably not helping. The injuries, lack of provision for care and the god awful mess …. They will be cited by the authorities in the near future on why more urgent need for these powers to be introduced.

Summer of illegal raves expected in England despite coronavirus crisis – Guardian

https://www.theguardian.com/world/2020/jun/15/ summer-of-illegal-raves-expected-in-england-despitecoronavirus-crisis

Police Powers to Tackle Unauthorised Encampments Strengthening Police Powers to Tackle Unauthorised Encampments: Written statement - HCWS80 Home Office: 04 November 2019 Made by: Priti Patel (Secretary of State for the Home Department) HCWS80 Strengthening Police Powers to Tackle Unauthorised Encampments Today I am announcing the Government’s plans to consult on criminalising the act of trespassing when setting up an unauthorised encampment in England and Wales. I recognise the distress and misery that some unauthorised encampments cause to many communities and businesses across the country.

Currently, this kind of trespass is a civil matter and the powers available to the police are limited.

My predecessor, the Rt Hon Sajid Javid MP, announced to the House of Commons on 6 February that we would carry out a public consultation on amending the Criminal Justice and Public Order Act 1994 to lower the criteria that must be met for the police to be able to direct people away from

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unauthorised sites. He also announced that the Home Office would conduct a review into how trespassing while setting up an unauthorised encampment could be made a criminal offence in England and Wales, learning lessons from other countries like the Republic of Ireland, where this is already a criminal offence.

I am announcing today that having considered the legislation in the Republic of Ireland, I would like to test the appetite to go further than the original proposals. I would like to broaden the existing categories of criminal trespass to cover trespassers on land who are there with the purpose of residing in their vehicle for any period, and to give the police the relevant powers to arrest offenders in situ and to seize any vehicles or other property on unauthorised encampments promptly.

Tomorrow, we will launch a public consultation on whether criminalising unauthorised encampments would be preferable to the amendments we originally proposed to the Criminal Justice and Public Order Act 1994, and if so, how it should work. The consultation will be available tomorrow at http://ww.gov.uk/government/ consultations/strengthening-policepowers-to-tackle-unauthorisedencampments

and will be open for four months.

A copy of the consultation will also be placed in the Libraries of both Houses.

I thank Members for their continued engagement on this important issue.

This statement has also been made in the House of Lords: HLWS78 https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/ Commons/2019-11-04/HCWS80/

Government consults on new police powers to criminalise unauthorised encampments https://www.gov.uk/government/news/government-consults-on-new-police-powers-to-criminaliseunauthorised-encampments

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Strengthening police powers to tackle unauthorised encampments This consultation ran from 5 November 2019 to 11:59pm on 4 March 2020

https://www.gov.uk/government/consultations/strengthening-police-powers-to-tackle-unauthorisedencampments

Summary: Consultation on measures to criminalise trespassing when setting up an unauthorised encampment in England and Wales.

Consultation description We would like to consult on measures to criminalise the act of trespassing when setting up an unauthorised encampment in England and Wales.

We would also like to consult on what an alternative approach to this could be: • amending section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas • amending sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return from 3 months to 12 months • amending section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised from six to two or more vehicles • amending section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway Home Office Consultation paper: Strengthening police powers to tackle unauthorised encampments [27page pdf]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844954/ Unauthorised_Encampments_-_consultation_paper.pdf

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Friends, Families and Travellers are concerned Police oppose criminalising unauthorised encampments and call for more sites:

https://www.gypsy-traveller.org/wp-content/uploads/2019/11/FINAL-Police-oppose-criminalisingunauthorised-encampments-and-call-for-more-sites-to-be-published-9am-13.11.19.pdf

There is a recognised national shortage of sites for Gypsies and Travellers (Cromarty et al, 2019).

As a result, Gypsy and Traveller households are more likely to experience housing deprivation than any other ethnic group (De Noronha, 2015). Many families do not have a place to stop or call home, which has serious health and social implications for Gypsy and Traveller families, many of whom cannot access basic amenities such as water and sanitation and experience difficulties in accessing services such as education and healthcare. Due to the lack of available pitches, families are forced to camp in public spaces, which can exacerbate relationships with the settled community and may place Gypsy and Traveller families at higher risk of experiencing hate crime. and even the ramblers ....

For those of you that think that all this is ONLY about Gypsy Travellers ...... I want to point out that EVEN the Ramblers / walkers are upset about all this ...... I think that this should show that there are so many activities that are likely to get caught up in all this WILL include raves / free parties / illegal festivals / many other gatherings etc etc etc.....

Trespass proposals could be ‘thin end of the wedge’ for walkers 21 February 2020 https://www.ramblers.org.uk/news/ latest-news/2020/february/trespassconsultation.aspx

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" .... Trespass is currently a civil wrong and criminalisation would be a major change in the law and one that could have a significant impact on walkers.

Gemma Cantelo, head of policy and advocacy at the Ramblers, said: ‘We’re worried that these proposals are the thin edge of a wedge, which could result in an erosion of people’s rights to access and enjoy the countryside.’

‘It’s vital that the access rights that the Ramblers and others have fought for over the years are protected. A reported 84% of police forces do not support the criminalisation of unauthorised encampments, so this seems like a sledgehammer approach to policymaking. Government’s priority should be to make it easier for people to get outside and enjoy the benefits of walking and nature – that’s good for our health and the planet."

Ramblers Response: Home Office consultation on unauthorised encampments 02 March 2020

https://www.ramblers.org.uk/news/latest-news/2020/march/home-office-consultation-on-unauthorisedencampments.aspx

In short, mind out, they haven’t finished yet and they do mean you!

I believe that the communities I have been involved with represent genuine endeavours in discovering enduring and sustainable ways of life and conducting experiments in how we and the planet may survive. I wish them well in these uncertain times.

Alan Lodge (Tash) June 2020

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Don’t let the bastards grind you down!

Collected Reference URL's Public Order Act 1986. Section 39

http://www.legislation.gov.uk/ukpga/1986/64/section/39/enacted

Entertainments (Increased Penalties) Act 1990

http://www.legislation.gov.uk/ukpga/1990/20/section/1/enacted

Criminal Justice and Public Order Act 1994. Section 63 http://www.legislation.gov.uk/ukpga/1994/33/section/63

Looking back at the Legal Bill that Killed off British Rave Culture - Vice. 08 March 2017

https://www.vice.com/en_uk/article/xypmmw/looking-back-at-the-legal-bill-that-killed-off-british-rave-culture

Statement by the Home Secretary Priti Patel: Strengthening Police Powers to Tackle Unauthorised Encampments: House of Commons. 4 November 2019

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/ Commons/2019-11-04/HCWS80/

Government consults on new police powers to criminalise unauthorised encampments. 3 November 2019 https://www.gov.uk/government/news/government-consults-on-new-police-powers-to-criminaliseunauthorised-encampments

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Consultation : Strengthening police powers to tackle unauthorised encampments 15 November 2019

https://www.gov.uk/government/consultations/strengthening-police-powers-to-tackle-unauthorisedencampments

Home Office Consultation paper: Strengthening police powers to tackle unauthorised encampments [27page pdf]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844954/ Unauthorised_Encampments_-_consultation_paper.pdf

Friends, Families and Travellers Police oppose criminalising unauthorised encampments and call for more sites: November 2019

https://www.gypsy-traveller.org/wp-content/uploads/2019/11/FINAL-Police-oppose-criminalisingunauthorised-encampments-and-call-for-more-sites-to-be-published-9am-13.11.19.pdf

Trespass proposals could be ‘thin end of the wedge’ for walkers 21 February 2020

https://www.ramblers.org.uk/news/latest-news/2020/february/trespass-consultation.aspx

Ramblers Response: Home Office consultation on unauthorised encampments 02 March 2020

https://www.ramblers.org.uk/news/latest-news/2020/march/home-office-consultation-on-unauthorisedencampments.aspx

Summer of illegal raves expected in England despite coronavirus crisis - Guardian. 15th June 2020

https://www.theguardian.com/world/2020/jun/15/summer-of-illegal-raves-expected-in-england-despitecoronavirus-crisis

Leeds Rave at a Nature reserve Illegal woodland rave in Leeds sparks anger as 200 people break lockdown rules to party. May 2020 https://www.leeds-live.co.uk/news/leeds-news/illegal-woodland-rave-leeds-sparks-18310399

My 'historical' site - Alan Lodge, photographer [One Eye on the Road] http://alanlodge.uk

Extras since 24 June

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the story continues through July 2020 ....

Operational Advice on Unauthorised Encampments : The National Police Chiefs Council with the College of Policing has agreed to this revised operational advice being circulated to, and adopted by, Police Forces in England, Wales & Northern Ireland https://www.npcc.police.uk/documents/Unauthorised%20Encampments/NPCC%20Op%20Advice%20 on%20Unauthorised%20Encampments_June%2018.pdf

Police powers: policing protests

By Jennifer Brown House of Commons Library Briefing Paper, Number CBP5013, 17 June 2020

http://researchbriefings.files.parliament.uk/documents/SN05013/SN05013.pdf

“Over the last year there have been several high-profile protest events which have resulted in fresh calls for the policing of protests to be reformed. Senior police officers have argued that Public Order Act 1986 is outdated and should be overhauled.

Others, including senior politicians, have argued that the police should be empowered to take a stronger response to protestors who use offensive words and cause distress.

5.1 Is the Public Order Act 1986 outdated?

The Public Order Act 1986 has been amended several times (mainly with the effect of strengthening police powers), but the fundamental framework it provides for the policing of protests has essentially stayed the same since the mid-1980s.

Recently, senior police officers have questioned whether the Act is still providing them with strong enough powers. Following the Extinction Rebellion (XR) protests in April 2019 senior officers from the Metropolitan Police questioned whether the Act should be reviewed. Metropolitan Police Commander Adrian Usher said: We will conduct a sober review of our tactics against recent protests, which is likely to say that the legislation associated with policing protest is quite dated, that policing and protest has moved on and that legislation should follow suit.

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The April XR protests lasted for several days and took place across central London. The police issued numerous section 14 orders under the Public Order Act 1986 on individual XR gatherings to move them to an area near Marble Arch and limit their ability to disrupt transport networks.

The process of issuing orders and arresting those who were non-compliant was slow and some commentators questioned why the police were not using force to move the protestors.

A police statement issued during the protests explained why they were unable to use some tactics involving force: We have been asked why we are not using tactics such as containment - physically and forcibly stopping the protesters from moving around. The simple answer is we have no legal basis to do so. These are peaceful protesters; while disruptive their actions are not violent towards police, themselves or other members of the public. We are looking at other tactics such as tighter police cordons, but again that is resource intensive in terms of officer numbers and more often than not it just shifts the protesters to another location nearby, and does not assist in reopening roads.

During the protest the police arrested over a thousand people for a number of offences associated with the protest. Many of those arrested have since been charged.

Police powers: policing protests House of Commons Library Briefing Paper, Number CBP5013, 17 June 2020 http://researchbriefings.files.parliament.uk/documents/SN05013/SN05013.pdf

Travellers: Caravan Sites: Written question – 59744 Asked by Mr Steve Baker(Wycombe)[N] Asked on: 16 June 2020 To ask the Secretary of State for the Home Department, if she will bring forward legislative proposals before the 2020 summer recess to tackle unauthorised traveller camps through (a) giving the police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised encampments, (b) making intentional trespass a criminal offence and (c) giving local authorities greater powers within the planning system.

Answered by: Kit Malthouse Answered on: 22 June 2020 On 5 November 2019, the Government launched a consultation seeking views on measures to strengthen police powers to tackle unauthorised encampments The consultation closed on the 5 March. We will announce the outcome of this consultation in due course.

The government is committed to strengthening national policy so local planning authorities have stronger grounds to reject retrospective planning applications where there has been intentional unauthorised development. MHCLG will also extend the time period for temporary stop notices giving local planning authorities more time to build their case for enforcement action. MHCLG intend to consult on the details of these proposals shortly.

Travellers: Caravan Sites:Written question – 59744. 16 June 2020

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/ Commons/2020-06-16/59744/

 

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Extra Refs Operational Advice on Unauthorised Encampments The National Police Chiefs Council with the College of Policing has agreed to this revised operational advice being circulated to, and adopted by, Police Forces in England, Wales & Northern Ireland https://www.npcc.police.uk/documents/Unauthorised%20Encampments/NPCC%20Op%20Advice%20 on%20Unauthorised%20Encampments_June%2018.pdf

Police powers: policing protests

By Jennifer Brown House of Commons Library Briefing Paper, Number CBP5013, 17 June 2020

http://researchbriefings.files.parliament.uk/documents/SN05013/SN05013.pdf

Travellers: Caravan Sites:Written question – 59744. 16 June 2020 Asked by Mr Steve Baker(Wycombe)[N]

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/ Commons/2020-06-16/59744/

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Covid-19 Postscript: notes at Sept 2020 I wrote these notes on the advance of the law in June. From March, the country had been in ‘lockdown’ and some were holding events with little concern for public health. Events were also held in ‘nature reserves’ there was some violence and then leaving a humongous mess.

The covid-19 restrictions have been eased somewhat since then, but gatherings of more than 30 outside are still prohibited under new regulations. I have been concerned at increasingly obnoxious tightening of law and restrictions on gathering since the 1980’s, dealing with protest, gatherings, festivals, travellers etc .... High Court Injunctions, the Public Order Act 1986, Entertainments (Increased Penalties) Act 1990 and the Criminal Justice and Public Order Act 1994. All this before the next shed-load that I’ve been writing about and predicting that is still to come. All of those laws were brought about by government concerned at our ability to organise and enjoy events put on by ‘our tribes’ and wishing to live life free of their oppressive rule.

But, I do now find myself conflicted. I have done my best to advise and stand up against all of the above because the law was designed to favour those vested interests in governmental control, attempts to squash dissent and the centuries old practice of restricting access to ‘our land’. Now however, the current restrictions are trying to deal with public health. Surely, this is proper and we should have greater regard for the health and wellbeing of all of us. It is inconvenient I know, with people chomping at the bit to ‘get on down’ with each other and socialise in our tribes again. The health concern will be used by authorities as a convenient excuse to excerpt the control they have always been trying to do, but the issue is a real concern to society at large and I think we should have a care for others who may be affected. ......... Hence my confliction.

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hotographer covering social, political and environmental issues and actions.

Work has been produced for publication, galleries, digital and slide projections at events and presented at large scale in public space. Moving beyond photography, he has experimented with mixed media involving printed text and projected imagery.

A post-graduate of Nottingham Trent University with an MA degree in Photography, Lodge specialised in issues surrounding representation, presenting himself in print and audio-visual format.

A member of the National Union of Journalists, he is a documentary photographer, a photo-journalist and ‘storyteller’ always on the lookout to cover the different strands of related issues.

E: alan@alanlodge.co.uk W: http://alanlodge.uk Copyright © Alan Lodge 2019 Nottingham. UK

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