The contempt for democracy

Think about this while you read press coverage of the student protests.

This is a cross-post from Enemies of Reason

We'll read a lot about these student protests today. Much of the rage will focus on the fact that an elderly chutney maker had his car kicked in by some people on his way to see Michael McIntyre and Cheryl Cole perform in his honour. Some will deplore the breaking and burning of things by those whom Kay Burley would label as "insurgents". Some others, maybe a smaller number, will wonder if it's a tremendously excellent thing to charge at children with police horses or drag other people out of wheelchairs, or bash them over the head with batons, and all of that – but probably conclude that, yes, sadly, it's actually OK.

One thing that might come up a few times is the idea that a protest of this nature shows "contempt for democracy". If it is, you have to ask: who showed contempt for democracy first?

Is it contemptuous of democracy, for example, to tell people that you have certain policies, become elected because of their votes on the basis of what you've said, and then once you're safely in power for five years, turn around and say, "Look, I'm awfully sorry but things have changed – that manifesto which we said was our manifesto is more of a 'holding manifesto', to be broken open in the unlikely event that we ever get elected with an overall majority; and it is to be entirely ignored if we become part of a coalition, when we can cheerfully reject some or all of our promises?"

Is it contemptuous of democracy, for example, to not tell people that you're going to introduce something like tuition fees in the first place, but then, once you're safely elected, and having given no indication that you're going to introduce tuition fees, introduce tuition fees?

Does it say something about politicians' contempt for democracy, perhaps, that the country can go to war with a foreign power that poses no threat to it, based on no legitimate evidence whatsoever, and that no citizen of that country should have a say in the matter; that entirely peaceful protests should be completely and utterly ignored because it is history, not citizens, who are the real judge of a prime minister, and besides, God told him it would all be all right?

No, of course not. Have a patronising pat on the head and a biscuit to make you feel better. None of that is contempt for democracy at all; that's just part of the rich ebb and flow of parliamentary life, which is so very vital and important to everything getting done. Well, if people told you what they were going to do, or did the things they told you they were going to do, how on earth could things function then? It would almost be as if you were voting for parties based on certain principles, or values, and that they would stick to them, or something. And that would never do.

Patrolling the murkier waters of the mainstream media
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How tribunal fees silenced low-paid workers: “it was more than I earned in a month”

The government was forced to scrap them after losing a Supreme Court case.

How much of a barrier were employment tribunal fees to low-paid workers? Ask Elaine Janes. “Bringing up six children, I didn’t have £20 spare. Every penny was spent on my children – £250 to me would have been a lot of money. My priorities would have been keeping a roof over my head.”

That fee – £250 – is what the government has been charging a woman who wants to challenge their employer, as Janes did, to pay them the same as men of a similar skills category. As for the £950 to pay for the actual hearing? “That’s probably more than I earned a month.”

Janes did go to a tribunal, but only because she was supported by Unison, her trade union. She has won her claim, although the final compensation is still being worked out. But it’s not just about the money. “It’s about justice, really,” she says. “I think everybody should be paid equally. I don’t see why a man who is doing the equivalent job to what I was doing should earn two to three times more than I was.” She believes that by setting a fee of £950, the government “wouldn’t have even begun to understand” how much it disempowered low-paid workers.

She has a point. The Taylor Review on working practices noted the sharp decline in tribunal cases after fees were introduced in 2013, and that the claimant could pay £1,200 upfront in fees, only to have their case dismissed on a technical point of their employment status. “We believe that this is unfair,” the report said. It added: "There can be no doubt that the introduction of fees has resulted in a significant reduction in the number of cases brought."

Now, the government has been forced to concede. On Wednesday, the Supreme Court ruled in favour of Unison’s argument that the government acted unlawfully in introducing the fees. The judges said fees were set so high, they had “a deterrent effect upon discrimination claims” and put off more genuine cases than the flimsy claims the government was trying to deter.

Shortly after the judgement, the Ministry of Justice said it would stop charging employment tribunal fees immediately and refund those who had paid. This bill could amount to £27m, according to Unison estimates. 

As for Janes, she hopes low-paid workers will feel more confident to challenge unfair work practices. “For people in the future it is good news,” she says. “It gives everybody the chance to make that claim.” 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.