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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Trade unions must change or face permanent decline

Union membership will fall below one in five employees by 2030 unless current trends are reversed. 

The future should be full of potential for trade unions. Four in five people in Great Britain think that trade unions are “essential” to protect workers’ interests. Public concerns about low pay have soared to record levels over recent years. And, after almost disappearing from view, there is now a resurgent debate about the quality and dignity of work in today’s Britain.

Yet, as things stand, none of these currents are likely to reverse long-term decline. Membership has fallen by almost half since the late 1970s and at the same time the number of people in work has risen by a quarter. Unions are heavily skewed towards the public sector, older workers and middle-to-high earners. Overall, membership is now just under 25 per cent of all employees, however in the private sector it falls to 14 per cent nationally and 10 per cent in London. Less than 1 in 10 of the lowest paid are members. Across large swathes of our economy unions are near invisible.

The reasons are complex and deep-rooted — sweeping industrial change, anti-union legislation, shifts in social attitudes and the rise of precarious work to name a few — but the upshot is plain to see. Looking at the past 15 years, membership has fallen from 30 per cent in 2000 to 25 per cent in 2015. As the TUC have said, we are now into a 2nd generation of “never members”, millions of young people are entering the jobs market without even a passing thought about joining a union. Above all, demographics are taking their toll: baby boomers are retiring; millennials aren’t signing up.

This is a structural problem for the union movement because if fewer young workers join then it’s a rock-solid bet that fewer of their peers will sign-up in later life — setting in train a further wave of decline in membership figures in the decades ahead. As older workers, who came of age in the 1970s when trade unions were at their most dominant, retire and are replaced with fewer newcomers, union membership will fall. The question is: by how much?

The chart below sets out our analysis of trends in membership over the 20 years for which detailed membership data is available (the thick lines) and a fifteen year projection period (the dotted lines). The filled-in dots show where membership is today and the white-filled dots show our projection for 2030. Those born in the 1950s were the last cohort to see similar membership rates to their predecessors.

 

Our projections (the white-filled dots) are based on the assumption that changes in membership in the coming years simply track the path that previous cohorts took at the same age. For example, the cohort born in the late 1980s saw a 50 per cent increase in union membership as they moved from their early to late twenties. We have assumed that the same percentage increase in membership will occur over the coming decade among those born in the late 1990s.

This may turn out to be a highly optimistic assumption. Further fragmentation in the nature of work or prolonged austerity, for example, could curtail the familiar big rise in membership rates as people pass through their twenties. Against this, it could be argued that a greater proportion of young people spending longer in education might simply be delaying the age at which union membership rises, resulting in sharper growth among those in their late twenties in the future. However, to date this simply hasn’t happened. Membership rates for those in their late twenties have fallen steadily: they stand at 19 per cent among today’s 26–30 year olds compared to 23 per cent a decade ago, and 29 per cent two decades ago.

All told our overall projection is that just under 20 per cent of employees will be in a union by 2030. Think of this as a rough indication of where the union movement will be in 15 years’ time if history repeats itself. To be clear, this doesn’t signify union membership suddenly going over a cliff; it just points to steady, continual decline. If accurate, it would mean that by 2030 the share of trade unionists would have fallen by a third since the turn of the century.

Let’s hope that this outlook brings home the urgency of acting to address this generational challenge. It should spark far-reaching debate about what the next chapter of pro-worker organisation should look like. Some of this thinking is starting to happen inside our own union movement. But it needs to come from outside of the union world too: there is likely to be a need for a more diverse set of institutions experimenting with new ways of supporting those in exposed parts of the workforce. There’s no shortage of examples from the US — a country whose union movement faces an even more acute challenge than ours — of how to innovate on behalf of workers.

It’s not written in the stars that these gloomy projections will come to pass. They are there to be acted on. But if the voices of union conservatism prevail — and the offer to millennials is more of the same — no-one should be at all surprised about where this ends up.

This post originally appeared on Gavin Kelly's blog