Banning things and liberal values

Why the French are wrong about face veils.

Just as someone once said that a nation can wage perpetual war for perpetual peace, some supposedly progressive people like to ban things just in order to make people free.

The latest example of such idiocy is the French ban on face veils, which takes effect today. Apparently legislating for what people wear, and invoking the coercive power of law to impose such legislation, is just the thing for a modern and secular society.

Of course, to use the criminal law in such a way is illiberal and inappropriate. It may well be that, at the extremes, the law should intervene to prevent the use of disguises for criminal activity. There are those who believe public nakedness should be banned on the basis of public decency. But any use of criminal law to govern the wearing of certain clothes, regardless of any question of criminality or decency, must be a disproportionate interference with a person's legitimate autonomy.

Just as it is wrong to force someone to wear a veil, it is wrong to force someone not to wear one. If there are examples of women being forced to wear a niqab or the burqa, there is no reason to believe a ban on wearing such items in public places will have any effect other than leaving the women stranded at home.

In any city you will see people with distinctive looks being stared at as they walk down the street. Some of these people may not actually want to be stared at, or at least not have their face exposed whilst being stared at. Unless there is a good and objective reason otherwise, they should be allowed to present themselves in public as they wish. The state does not necessarily know best.

Many secularists and liberals would prefer a world where individuals do not want to hide their faces as part of their social interactions; many secularists and liberals would welcome a world without any face veils. But for such a world to be imposed by legal force makes it a secular and liberal world not worth striving for.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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PMQs review: Theresa May shows how her confidence has grown

After her Brexit speech, the PM declared of Jeremy Corbyn: "I've got a plan - he doesn't have a clue". 

The woman derided as “Theresa Maybe” believes she has neutralised that charge. Following her Brexit speech, Theresa May cut a far more confident figure at today's PMQs. Jeremy Corbyn inevitably devoted all six of his questions to Europe but failed to land a definitive blow.

He began by denouncing May for “sidelining parliament” at the very moment the UK was supposedly reclaiming sovereignty (though he yesterday praised her for guaranteeing MPs would get a vote). “It’s not so much the Iron Lady as the irony lady,” he quipped. But May, who has sometimes faltered against Corbyn, had a ready retort. The Labour leader, she noted, had denounced the government for planning to leave the single market while simultaneously seeking “access” to it. Yet “access”, she went on, was precisely what Corbyn had demanded (seemingly having confused it with full membership). "I've got a plan - he doesn't have a clue,” she declared.

When Corbyn recalled May’s economic warnings during the referendum (“Does she now disagree with herself?”), the PM was able to reply: “I said if we voted to leave the EU the sky would not fall in and look at what has happened to our economic situation since we voted to leave the EU”.

Corbyn’s subsequent question on whether May would pay for single market access was less wounding than it might have been because she has consistently refused to rule out budget contributions (though yesterday emphasised that the days of “vast” payments were over).

When the Labour leader ended by rightly hailing the contribution immigrants made to public services (“The real pressure on public services comes from a government that slashed billions”), May took full opportunity of the chance to have the last word, launching a full-frontal attack on his leadership and a defence of hers. “There is indeed a difference - when I look at the issue of Brexit or any other issues like the NHS or social care, I consider the issue, I set out my plan and I stick to it. It's called leadership, he should try it some time.”

For May, life will soon get harder. Once Article 50 is triggered, it is the EU 27, not the UK, that will take back control (the withdrawal agreement must be approved by at least 72 per cent of member states). With MPs now guaranteed a vote on the final outcome, parliament will also reassert itself. But for now, May can reflect with satisfaction on her strengthened position.

George Eaton is political editor of the New Statesman.