If you burn a Quran, yes, you should go to jail

To defend actions of this sort on the basis of free speech is to miss the point.

If you burn a Quran you should go to jail. Do not pass Go. Do not collect £100.

Sorry if that sounds a bit intolerant. Brashly illiberal. But these happy arsonists who think it's a giggle to torch a religious text and screw the consequences aren't averse to a bit of brash intolerance themselves.

Actually that's not right. It's not that they're averse to the consequences. They're all too aware of them. Social division and disorder are the ends, a box of matches, jerrycan of petrol and Waterstone's discount card the means.

At the weekend the BNP joined the list of those endorsing this particularly pernicious branch of DIY. The Observer was passed a video showing a "Sion Owens, 40, from south Wales and a candidate for the forthcoming Welsh Assembly elections, soaking the Quran in kerosene and setting fire to it".

The reaction from the Welsh police was swift: "We always adopt an extremely robust approach to allegations of this sort and find this sort of intolerance unacceptable in our society." Owens was arrested, charged and subsequently released, though he was informed that "investigations were continuing and that "almost certainly other proceedings will ensue".

Good. Nicking Nazi pyromaniacs is what I want my police to be doing. It's what we all want our police to be doing, isn't it?

Apparently not. According to Alex Massie in the Spectator, "even goons and other dreadful people have rights and these should include the right to burn books in their garden". And the Tory MEP Daniel Hannan believes that burning the Quran "makes you a dummkopf, not a criminal . . . Some other countries fight false ideas with the force of law. We should fight them with truth."

Actually Daniel, we should fight them with both.

Think of a motive

Those who defend Quran-burning on the basis of free speech miss the point. For a start, it's not free. It requires someone to go out, buy a book, buy petrol (not even cheap at the moment, never mind free), light it, film the whole thing and then distribute the proceedings to whatever little clique they call their friends, or more widely on YouTube or some other "social" medium. This is an overt, conscious action, motivated by malign intent. It is not the product of open, free-spirited discourse, but an aggressive, premeditated provocation.

Nor is it actually speech. It's not opening a dialogue or building an argument. Quite the opposite. It's a deliberate act of destruction; the destruction of a dialogue and argument constructed by others. If you don't like Islam, fine. Write a book about why. Don't burn one.

Those who see the heavy hand of the law as a disproportionate response to this act of bibliophobia are themselves losing perspective.

It's not just the action, it's the consequences. We know what Quran-burning leads to. In the past couple of weeks it has resulted in innocent people being murdered and maimed. It's increased the threat to British and western troops serving overseas. It's boosted the Taliban and other terrorist organisations.

If our laws do not exist to prevent people from deliberately engaging in actions and activity that incite others to murder, propagate international terrorism and lay the seeds of civil disorder, what are they for?

We have laws to protect a book's copyright. We have laws to protect the intellectual rights of the person who wrote and published it. But we shouldn't have laws to prevent that book being treated in a manner that leads to half a dozen people being decapitated?

Hannan writes that anyone who burned a Quran would argue that they are "not to blame for any bloody consequences and, in a sense, this is true: any retaliation will be entirely the responsibility of its perpetrators". But the law does not hold to account solely those who perpetrate the final criminal act. That's why it's not just illegal to use a firearm, or drugs, but also illegal to supply them.

Brag all about it

There are always difficulties in drawing a line between rights and responsibilities, but Quran-burning seems a good place to start.

There's an old saying that free speech doesn't extend to running into a theatre and shouting, "Fire!"

Personally, I think it depends on context. I haven't got a problem with someone doing that, so long as there's no one else in there, or it's a production by Tim Rice.

It's the same principle. If you have a desperate urge to put the Quran, or any other book, to the flame, and you do so in genuine privacy, then I suppose there's nothing I or anyone else can do about it, because we won't be any the wiser.

But if you brag about it, or taunt others with it, or use it as a weapon to prosecute your war of intolerance and prejudice, don't be surprised if you suddenly find a few members of Her Majesty's Constabulary on your doorstep.

You know the game that you're playing. Please spare us the crocodile tears when you lose.

Getty
Show Hide image

Workers' rights after Brexit? It's radio silence from the Tories

Theresa May promised to protect workers after leaving the EU. 

In her speech on Tuesday, Theresa May repeated her promise to “ensure that workers’ rights are fully protected and maintained".  It left me somewhat confused.

Last Friday, my bill to protect workers’ rights after Brexit was due to be debated and voted on in the House of Commons. Instead I sat and watched several Tory MPs speak about radios for more than four hours.

The Prime Minister and her Brexit Secretary, David Davis, have both previously made a clear promise in their speeches at Conservative Party conference to maintain all existing workers’ rights after Britain has left the European Union. Mr Davis even accused those who warned that workers’ rights may be put at risk of “scaremongering". 

My Bill would simply put the Prime Minister’s promise into law. Despite this fact, Conservative MPs showed their true colours and blocked a vote on it through filibustering - speaking for so long that the time runs out.

This included the following vital pieces of information being shared:

David Nuttall is on his second digital radio, because the first one unfortunately broke; Rebecca Pow really likes elephant garlic (whatever that is); Jo Churchill keeps her radio on a high shelf in the kitchen; and Seema Kennedy likes radio so much, she didn’t even own a television for a long time. The bill they were debating wasn’t opposed by Labour, so they could have stopped and called a vote at any point.

This practice isn’t new, but I was genuinely surprised that the Conservatives decided to block this bill.

There is nothing in my bill which would prevent Britain from leaving the EU.  I’ve already said that when the vote to trigger Article 50 comes to Parliament, I will vote for it. There is also nothing in the bill which would soften Brexit by keeping us tied to the EU. While I would personally like to see rights in the workplace expanded and enhanced, I limited the bill to simply maintaining what is currently in place, in order to make it as agreeable as possible.

So how can Theresa May's words be reconciled with the actions of her backbenchers on Friday? Well, just like when Lionel Hutz explains to Marge in the Simpsons that "there's the truth, and the truth", there are varying degrees to which the government can "protect workers' rights".

Brexit poses three immediate risks:

First, if the government were to repeal the European Communities Act without replacing it, all rights introduced to the UK through that piece of legislation would fall away, including parental leave, the working time directive, and equal rights for part-time and agency workers. The government’s Great Repeal Bill will prevent this from happening, so in that sense they will be "protecting workers’ rights".

However, the House of Commons Library has said that the Great Repeal Bill will leave those rights in secondary legislation, rather than primary legislation. While Britain is a member of the EU, there is only ever scope to enhance and extend rights over and above what had been agreed at a European level. After Brexit, without the floor of minimum rights currently provided by the EU, any future government could easily chip away at these protections, without even the need for a vote in Parliament, through what’s called a "statutory instrument". It will leave workers’ rights hanging by a thread.

The final change that could occur after we have left the EU is European Court rulings no longer applying in this country. There are a huge number of rulings which have furthered rights and increased wages for British workers - from care workers who do sleep-in shifts being paid for the full shift, not just the hours they’re awake; to mobile workers being granted the right to be paid for their travel time. These rulings may no longer have legal basis in Britain after we’ve left. 

My bill would have protected rights against all three of these risks. The government have thus far only said how they will protect against the first.

We know that May opposed the introduction of many of these rights as a backbencher and shadow minister; and that several of her Cabinet ministers have spoken about their desire to reduce employment protections, one even calling for them to be halved last year. The government has even announced it is looking at removing the right to strike from transport workers, which would contradict their May’s promise to protect workers’ rights before we’ve even left the EU.

The reality is that the Conservatives have spent the last six years reducing people’s rights at work - from introducing employment tribunal fees which are a barrier to justice for many, to their attack on workers’ ability to organise in the Trade Union Act. A few lines in May’s speech doesn’t undo the scepticism working people have about the Tories' intentions in this area. Until she puts her money where her mouth is, nor should they. 

Melanie Onn is the Labour MP for Great Grimsby.