Bates Wells clients Lawyers for Animals and Sole Iriart (a campaigner with Camp Beagle) have filed judicial review proceedings challenging the Home Secretary’s use of a “Henry VIII power” to designate the life science sector – including animal testing facilities – as “key national infrastructure” under the Public Order Act 2023.
The designation means that protestors who “interfere” with such facilities could face severe criminal sanctions, including up to a year in jail. The provision has already been used to arrest two protestors outside MBR Acres, which breeds dogs for use in regulatory experiments – a practice opposed by 86% of the public.
The claimants argue that the life sciences sector is so different from the “key national infrastructure” originally protected by the 2023 Act (transport and energy facilities etc) that the Home Secretary’s powers do not, in fact, allow her to add it to the list; they also argue that the regulations are irrational.