"It's like the fable, you know the one where the dog's got a bone..."
The move is reportedly supposed to point out the 'hypocrisy of their positions'.
A letter notifying the British government of impending infringement proceedings will be issued on Monday.
"If it had been lawful, I'd have been there. I would have been at a vigil," Dame Cressida said.
Shadow justice secretary David Lammy said the party cannot support a bill that would lead to harsher penalties for damaging a statue than attacking a woman.
It comes ahead of a crucial vote on a policing bill in the Commons in the wake of the Sarah Everard vigil.
"The last thing the Police need is more powers at this time", the former Labour leader said.
"It is an ideological assault by the Conservative government that has left our younger generations the victims," Scotland's further education secretary said.
Last month it was found that every single one of the 246 prosecutions launched under the draconian law has been overturned.
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