Arrested for filming a public council meeting

Have Carmarthenshire Council and Dyfed Powys Police acted illiberally?

The blogger and campaigner Jacqui Thompson was last week arrested, handcuffed, marched to a police car, and then detained at a police station for two hours. All she had done was to film a public meeting of Carmarthenshire Council on her camera-phone.

One would expect that transparency of public council meetings would now be the norm, not a police matter. Indeed, in a letter dated 23 February 2011, the coalition government set out guidance for English councils on filming. Included in the guidance is the following statement:

There are recent stories about people being ejected from council meetings for blogging, tweeting or filming. This potentially is at odds with the fundamentals of democracy and I want to encourage all councils to take a welcoming approach to those who want to bring local news stories to a wider audience. The public should rightly expect that elected representatives who have put themselves up for public office be prepared for their decisions to be as transparent as possible and welcome a direct line of communication to their electorate. I do hope that you and your colleagues will do your utmost to maximise the transparency and openness of your council.

While it seems this guidance does not extend to Wales -- local government is a "devolved" matter -- it is clearly an articulation of good practice in a democracy. Indeed, one would hope that councils would not need such guidance.

But it appears Carmarthenshire Council is different. The following statements set out a narrative what happened that day when Jacqui Thompson was arrested and detained.

We can start with the council's general press statement about the incident:

Ms Thompson refused repeated requests to stop filming proceedings in the Chamber which is not allowed. She then refused repeated requests to leave the public gallery. The Chair was left with no other option other than to call the police to remove her from the gallery so that County Council business could proceed.

Jacqui Thompson:

Clearly my presence was noted when I entered the Public Gallery and when the row commenced over the Day Club, I started filming with my phone, (not terribly well I know but better than nothing) I was asked to leave by the Chairman and [Chief Executive] Mark James, I said that I was not doing anything wrong, it is not against the law nor even in their standing orders (rules for meetings), neither was I disturbing the meeting in any shape or form.

Alexander Smith of the Carmarthen Journal:

Councillor Pam Palmer halted the meeting part-way through when she spotted a member of the public had a camera-phone.

Recognising the blogger, who has been in trouble for filming meetings before, chief executive Mark James said: "Mrs Thompson, you have been asked time and time again not to film."

Mrs Thompson said she was doing nothing wrong, to which Mr James replied: "I hope you've got a good picture for your website.

"Clearly Mrs Thompson doesn't want to put the camera down.

"Can we ask for the police to come and remove her from the chamber?"

Chairman Ivor Jackson said: "I am going to suspend the meeting to remove that lady from the chamber."

The meeting then broke up with the councillors loudly complaining and talking among themselves.

The footage of the council meeting in the minutes up to the adjournment is now on YouTube.

And so back to Jacqui Thompson:

As I didn't leave, Mr James and the Chair called the police and then adjourned the meeting. . . it only took ten minutes today for two police cars and four police officers to appear in the Gallery.

I asked the council on what legal basis they thought filming of public meetings was not allowed:

The law requires the Council to allow public access to its meetings, but it does not require Council to allow the public to film them. There is no Welsh Government Assembly guidance requiring this and in fact they also do not allow individual members of the public to record their proceedings. Neither does Parliament. As owner of the building the Council is entitled to regulate what happens on their premises.

I also asked the council on what legal basis she was asked to leave the public gallery:

The Council's standing orders provide that if a meetings is being disrupted by a person in the public gallery, the Chair should ask for that person to be removed. If he or she refuses to leave when requested, the Chair can adjourn the meeting to enable this to happen and for order to be restored.

The police were called. They later issued this formal police statement:

At approximately 10:20 on the 8th of June 2011 officers were asked to attend at County Hall, Carmarthen to deal with an incident involving a woman in the public gallery. On arrival, officers spoke to a 49 year old woman but she refused to co-operate and she was then arrested to prevent a further breach of the peace. She was later released with no further action.

Note to editor

Police responded to the call as filming in the public gallery is prohibited under council regulations (as reported by the Council.)

However, the council Standing Orders (not regulations) do not prohibit filming. Instead rule 22.1 provides:

Removal of member of the public

If a member of the public interrupts proceedings, the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room.

Interruptions may lead to the removal of a member of the public, but not photography or filming -- and there is no evidence that Jacqui Thompson was being disruptive. The "Note to Editor" rather suggests that either the council or the police (or both) misdirected themselves as to the meaning and legal force of the Standing Orders.

I asked the council whether the chair asked the police to arrest Ms Thompson or whether it was left as a matter for the police:

The person in the gallery had been asked to stop filming and to leave the gallery on a previous occasion. When an officer asked her to do this she accused that officer of assaulting her. That has been investigated by the Police and the officer completely exonerated. Because of this background there was no alternative but to ask the Police to deal with the person concerned. The way in which the police officers dealt with the matter was entirely a matter for them.

Jacqui Thompson:

I tried to argue my point but was then arrested in the Public Gallery for 'breaching the peace'.

From the Blackstone's Police Operational Handbook 2011:

Meaning of breach of the peace

A breach of the peace may occur where harm is done or is likely to be done to a person, or to their property in their presence, or they are in fear of being harmed through assault, affray, riot, or other disturbance (R v Howell [1982] QB 416, QBD).

I asked the council if it supported the decision to have Jacqui Thompson arrested:

The Council have had no influence over whether Mrs Thompson was arrested or not and no view on the fact that she was arrested. Their only reason for calling the Police was to restore order in the Council chamber to enable the democratic process to proceed.

I asked the police in what possible way was filming a public council meeting a breach of the peace? Dyfed Powys Police are hoping to provide an answer on this later this week (I asked on Friday). However, one would have thought they would have known the answer to this before they went and arrested someone.

I also asked the Dyfed Powys Police to confirm that filming a public council meeting was not actually an arrestable offence. Again, Dyfed Powys Police are hoping to provide an answer to this later this week. And again, one would have expected Dyfed Powys Police to be able to answer this one straightaway. Any police force should know its powers of arrest.

Jacqui Thompson:

I was taken outside the door, handcuffed, searched, my phone taken and marched out to the waiting police cars.

Alexander Smith of the Carmarthen Journal has blogged what happened next:

We can't have been on the steps longer than five minutes when four police officers led Mrs Thompson, in cuffs, round the side of the building, perhaps wanting to avoid the attention of the front steps?

They didn't see me coming, but I only managed to take one photo before the blonde officer [pictured, right] grabbed my arm and tried to take the camera. I wriggled free and explained I was from the Journal.

After showing my press pass I asked them what the arrest was for. One of the male officers replied: "That's none of your business."

Jacqui Thompson:

I was then taken 30 miles to Llanelli police station where I remained handcuffed for another hour before being 'processed', and put in a cell for another two hours.

Jacqui Thompson had been ejected from the public council meeting. But why was she then taken to a police station and detained? And why was she then kept several hours at the police station?

Dyfed Powys Police were not able to answer my questions, but they hope to get back to me later this week.

According to Jacqui Thompson:

By this time I was very disorientated, worried about my young daughter who needed picking up from school, I was cold (the police had taken my jacket and shoes and socks) and distressed. Without a solicitor present, I was then threatened by three police officers who said that if I didn't sign an 'undertaking' not to film/record any more meetings I would be kept in overnight, I am not sure now whether they could even keep me that long. I was then, eventually, released.

So I asked the police why was she threatened with court if she did not sign an "undertaking": And what possible offence was the police threatening with charging her? Do the police realise that this is a free expression issue? Will the police now apologise to Ms Thompson?

Dyfed Powys Police do not currently have any answers to these questions, but they do hope to be able tell me later this week.

It appears to me that Ms Thompson was not in breach of any council Standing Order or committing (or threatening to commit) any breach of the peace. Accordingly, there seems to be no good basis whatsoever for her arrest. There is also no good reason why she was taken to a police station and required, on pain of further detention, to sign an undertaking.

In my view, Carmarthenshire Council and Dyfed Powys Police have simply acted in an altogether hapless, illiberal, and alarming manner. A person, surely, should not be arrested and detained just for filming a public council meeting, and a council should not be able to prevent someone from doing so in this manner. In my opinion, all the councillors, officials, and police officers involved in this sad sequence of events really should be ashamed of themselves.

 

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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The good, the bad, and the meaningless: Jeremy Corbyn’s “digital democracy” decoded

The Labour leader has promised to “democratise the internet” but which parts of his manifesto would actually work?

Jeremy Corbyn has promised to “democratise the internet”, speaking this morning at the launch of his eight-point digital manifesto at Newspeak House in east London.

“Labour under my leadership will utilise the advances of digital technology to mobilise the most visible general election campaign ever,” said Corbyn, in a clip you might have watched via a livestream on his Facebook page, before it crashed.

His manifesto sets out how Labour hopes to democratise the internet so that “no one and no community is left behind”. Unfortunately, some of the terminology used isn’t so universal. In a bid to leave no one behind, we thought we’d decode the manifesto here.

The good

Universal Service Network

It’s hard to argue with Corbyn’s first and largest proposal – that high speed broadband should be accessible across the country. According to the Labour leader, this would cost £25bn to implement and would be funded by his proposed National Investment Bank, “at minimal cost to the taxpayer”.

Although this is good idea, it isn’t a new one. The Conservatives already announced plans for a similar Universal Service Obligation (USO) in March, whereby everyone has a legal right to request download speeds of at least 10Mbps. A report published by Ofcom last week shows the government faces resistance from internet service providers who don’t want to pick up the extra costs.

The People’s Charter of Digital Liberties

Corbyn’s second most eye-catching suggestion, a digital bill of rights, is a win for anyone wary of Theresa May’s Snoopers Charter. He promises to protect personal privacy and “[enhance] the on-line rights of every individual”.

Platform Cooperatives

Corbyn hopes to “foster the cooperative ownership of digital platforms for distributing labour and selling services”, which essentially means he wants services like Airbnb, Deliveroo, and Uber to be community-run (or, if you want to go there, nationalised). The National Investment Bank would fund these websites and apps, which in turn would allow greater regulations of employment contracts. It’s quite a utopian vision and it's easy to be cynical about how this could work in practice, but were it to work, it could arguably transform the entire economy. 

The bad

Digital Citizen Passport

“We will develop a voluntary scheme that provides British citizens with a secure and portable identity for their on-line activities,” claims the manifesto, explaining this can be used to interact with public services like health, welfare, education and housing. Without even considering any potential security or privacy issues, the largest criticism of this proposal is that it already exists, as Gov.uk’s Verify.

Programming For Everyone

By encouraging publicly funded software and hardware to be released under an Open Source License, Corbyn dreams of a world where everyone can share code and learn from one another. Unfortunately, this opens up multiple privacy and security concerns, and Corbyn's other suggestions for teaching code also already exist, as the EU’s All You Need Is (C<3de) programme. 

The meaningless

Open Knowledge Library

At first glance, Corbyn’s proposal for a “free-to-use on-line hub of learning resources for the National Education Service” is undeniably a good idea. The problem is that the idea ends there, with no real discussion of what it is and how it will work. At present, it simply sounds like a publicly-funded version of resources that are already available (Wikipedia, anyone?).

Community Media Freedom

The entirety of this policy basically boils down to “free speech, yo”, which is, unarguably, fantastic. Unfortunately, the manifesto offers little in the way of explaining how its goals, such as stopping the “manipulation of software algorithms for private gain”, will actually be achieved.

Massive Multi-Person On-line Deliberation

Corbyn’s plan to “organise online . . . meetings for individuals and communities to deliberate about pressing political issues and participate in devising new legislation” is Twitter. It’s just Twitter.

The extras

Outside of this eight-point manifesto, here are some other things we learned today about Labour’s digital plans:

  • According to Corbyn, some MPs don’t turn on their computers because they do not know how to, which, honestly, shall we deal with that first?
  • Team Corbyn hopes that technology – and the visibility it allows – will be Labour’s "path to victory", which is nice, but what he really means is: memes.
  • Corbyn reveals he has an “open mind” about nationalising the broadband network.
  • Corbyn calls online abuse appalling and says that Labour is chasing down offensive material.
  • A team of coders called Coders for Corbyn have released some digital tools to show your support for the leader. Yes, the Corbyn emoji  Jeremoji  is about to be a thing.
  • The entire manifesto features “online” written as “on-line” and really, that is the real issue here.

Amelia Tait is a technology and digital culture writer at the New Statesman.