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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MP after a moonlighting job? I've got the perfect opportunity

If it's really about staying in touch with the real world, how about something menial and underpaid? Or reforming parliamentary rules on second jobs...

There she stood outside Number 10 on 13 July last year, the new Prime Minister pledging with earnest sincerity her mission to fight injustice and inequality, to “make Britain a country that works not for a privileged few, but for every one of us”.

 “When it comes to opportunity,” she promised the ‘just managing’ millions, “we won’t entrench the advantages of the fortunate few". Another new day had dawned

But predictably since then it’s been business as usual. If we needed proof, George Osborne has provided it: those who have so little must continue to go without so that the man with so much can have it all.

What would it take for Tory backbenchers to trouble Theresa May’s serenity? Not her u-turn on Brexit. Nor her denial of Parliament’s right to scrutinise the terms of the UK's uncertain future. Certainly not a rampant Labour opposition.

But were she to suggest that they give up their adventures in the black economy and focus on the job their constituents pay them for, she would face a revolt too bloody to contemplate.

Fifteen years ago, I introduced the short-lived Members of Parliament (Employment Disqualification) Bill. My argument was simply that being an MP is a full-time job for which MPs are paid a full-time salary. If they can find time to augment an income already three times the national average, they can’t be taking it seriously or doing it properly.

Imagine the scandal if other public servants - teachers perhaps or firefighters – were to clock off whenever they fancied to attend to their nice little earners on the side. What would become of Britain’s economy if employers were unable to prevent their workers from taking home full pay packets but turning up to work only when they felt inclined?

But that’s what happens in the House of Commons. Back in 2002, my research showed that a quarter of MPs, most of them Conservatives, were in the boardroom or the courtroom or pursuing lucrative consultancies when they should have been serving their communities. And it was clear that their extra-curricular activities were keeping them from their Parliamentary duties. For example, in the six month period I analysed, MPs with paid outside interests participated on average in only 65 per cent of Commons votes while MPs without second jobs took part in 91 per cent.

I doubt that much has changed since then. If anything, it’s likely that the proportion of moonlighting Members has risen as the number of Tory MPs has increased with successive elections.

Their defence has always been that outside interests make for better politicians, more in touch with the "real world". That’s entirely bogus. Listening to people in their surgeries or in their local schools, hospitals and workplaces provides all the insight and inspiration a conscientious MP could need. The argument would be stronger were absentee MPs supplementing their experience and income in the menial, insecure and underpaid jobs so many of their constituents are forced to do. But, they aren’t: they’re only where the money is.

It’s always been this way. The Parliamentary timetable was designed centuries ago to allow MPs to pursue a gentleman’s interests. Until relatively recently, the Commons never sat until after noon so that its Members could attend their board meetings – or edit the Evening Standard - and enjoy a good lunch before legislating. The long summer recess allowed them to make the most of the season, indulge in a few country sports and oversee the harvest on their estates.

The world has changed since Parliamentary precedent was established and so has the now overwhelming workload of a diligent MP. There are many of them in all parties. But there are also still plenty like George Osborne whose enduring sense of entitlement encourages them to treat Parliament as a hobby or an inheritance and their duty to their constituents as only a minor obstacle to its enjoyment.

Thanks to Osborne’s arrogance, the Committee on Standards in Public Life now has the unflunkable opportunity to insist on significant, modernising reforms which remind both MPs and their electors that public service should always take precedence over private interest. And if sitting MPs can’t accept that principle or subsist on their current salary, they must make way for those who can. Parliament and their constituents would be better off without them.

Peter Bradley was the Labour MP for The Wrekin between 1997 and 2005.