They are using Tasers at Dale Farm

Why it is right to be critical of the police.

Our society not only tolerates the sort of people who want to wear uniforms and want to use weapons against civilians, it actually employs them to do so. And today some of these people may well be using Tasers against travellers at Dale Farm.

Of course, having a professional and trained police force is better than the alternative, and in no sensible way can we be described as being in a police state. However, there will be those who read the first paragraph of this post and will be outraged at my apparent disdain. The police do a difficult job, they will say, and one should just be grateful for what they do. One should not be so dismissive, others will remark, especially if you do not know the pressures and stress that the police face routinely. The feature that many of these responses will share is they are non sequiturs: they deal with something which has not been said, and criticise objections which have not been made.

There are many people -- not just police officers -- who do not want to hear any criticism of the police and will immediately seek to close it down. Any adverse comment about the police will mean that one is either a dangerous anarchist wanting a lawless and brutal society, or a naive fool not realising just how lucky they are to be kept safe. It is easy to be brave from a distance. And so on. One must always remember the thin blue line.

Such responses are part of a wider problem. As a society we are actually not very good at holding the police to account, and -- frankly -- the police are not very good at taking criticism. Accordingly, we have a situation where the police are generally left to get on with their work in return for them generally not misusing their rights and privileges. The failure of any efficient mechanisms for scrutinising the police then only become obvious with a suspicious death or some public order failure which cannot be ignored. In the meantime, the police can get away with, say, casually exceeding their powers or taking payments from private investigators as long as our streets are safe and they respond promptly to 999 calls.

One can wonder how long this unofficial social contract can last. It surely is not sustainable, especially with modern communications. The police have been caught out repeatedly lying in the aftermath of fatalities. Their attempts to spin and evade legitimate concerns about misconduct are legion. Individual police officers often threaten those who criticise with libel actions, whilst chief constables employ ever-growing (and often unhelpful) PR departments. And, as for the police complaints commission, one can be surprised that its formal name includes the word "independent". But it may be that an age of deference is passing.

It is right that in a liberal and democratic society the State has a monopoly in the use of coercive force against citizens, but this monopoly has to be balanced with accountability and transparency. Those who rush to rubbish anyone questioning the police, or are quickly dismissive of those complaining of the use of force, are in fact not helping serving officers. They are instead entrenching a needless lack of effective communication. The abuse of libel and the over-use of PR professionals are similarly undesirable features of modern policing. However, policing ultimately requires practical co-operation and implicit consent. Wise police officers know this.

The more openly critical we can be of those who have the power to coerce us, the better. And the more the police can explain their decisions and justify their actions, the better. After all, they can have nothing to hide; even the ones wearing paramilitary uniforms and using weapons at Dale Farm.

 

David Allen Green is legal correspondent of the New Statesman. He also writes the Jack of Kent blog and at The Lawyer.

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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Keir Starmer MP: Choosing ideological purity before power is a dereliction of duty

The former director of public prosecutions believes getting involved with Brexit negotiations is crucial. 

 

Three weeks after Brexit, Keir Starmer held a public meeting in his London constituency of Holborn and St Pancras. “We had hundreds turning up,” he remembered. “The town hall was absolutely packed - it was standing room only and we had to turn people away. We haven’t had a public meeting of that size for some time.”

When it comes to Brexit, Starmer is an obvious Labour asset. Director of public prosecutions from 2008 to 2013, he has the legal background to properly scrutinise an EU deal. His time spent as a shadow immigration minister means he understands some of the thorniest problems facing negotiators.

But instead, the MP finds himself on the shadow back benches.

“My decision to resign was driven by Jeremy’s decision on the referendum,” he told The Staggers. “I was particularly troubled by his suggestion that we should invoke Article 50 straight away, and start the exit process [Corbyn has since backtracked on this suggestion]. 

“That is not for me a question of left-right politics. When he said that, I felt he was in fundamentally a different place from me in terms of how we fight for the future of our country.”

Starmer is not a man to enjoy life in opposition, and he has little time for airy promises. “Jeremy talks of dealing with inequality and housing projects, and a fairer society - all of which I would agree,” he said. “What I haven’t seen is the emergence of detailed policy that would get us to these places.”

He also gives purists in the party short shrift. “I would reject wholeheartedly any notion of a Labour Party that is not committed to returning to power at the first opportunity,” he said. “Of course that needs to be principled power. But standing on the sidelines looking for the purest ideology is a dereliction of the duty for any Labour member.”

Starmer believes Labour should be joining Scottish and Northern Irish leaders in trying to influence Brexit negotiations. He sees the time before invoking Article 50, the EU exit button, as crucial. 

Nevertheless, the man named after the Scottish founder of Labour, Keir Hardie, is pessimistic about the future of the UK. 

“It is going to be increasingly difficult to resist a further referendum in Scotland,” he said. “It will be increasingly difficult to keep Scotland as a part of the UK. I hope that doesn’t happen, but everyone knows David Cameron has put that at risk.”

Starmer may be a London MP, but he follows events in the rest of the country closely. While still in his shadow cabinet post, he embarked on a countrywide tour to learn more about attitudes to immigration.  

He condemns the increase in racist attacks post-Brexit as “despicable”, but insists there is “a world of difference” between these and genuine concerns about resources. “If you lose your job because there has been an influx of labour from another country, that is a legitimate cause for concern.”

He is equally scathing about the Government’s net migration cap. “If immigration is simply seen as a numbers game, nobody will ever win that debate,” he said. “The question should be: what is it we want to achieve?

“What do we expect of those who are arriving? What is the basic deal?”

In January, Starmer visited the informal camps in Calais and Dunkirk. “What I saw in Calais was appalling,” he said. “It is an hour from London. 

“To see families and children in freezing, squalid conditions without any real hope of a positive outcome was enough to make anybody think: ‘This is not the way to solve the refugee crisis.’”

The new PM, Theresa May, built her reputation on a rigid asylum policy, but Starmer believes a strong opposition can still force change. “If you take the Syrian resettlement scheme, that started life as a scheme for victims of sexual violence,” he said. “When pushed, it became a scheme for 20,000 Syrians but not if they reached Europe. When pushed, the Government accepted the case for some unaccompanied children in Europe to come to this country. 

“Labour needs to keep pushing.”

For now, though, Labour is divided. Starmer has been tipped as a future leader before, in 2015, but declined to run because of a lack of political experience. One year and a Brexit on, he certainly has some of that under his belt. But he rules himself out of the current leadership challenge: “I am 100 per cent behind Owen.” What will he do if Jeremy Corbyn wins? “Let’s cross each bridge when we come to it.”

Starmer is clear, though, that Labour can only win an election if it comes up with a more ambitious project, an economy with purpose. And the Brexit negotiations provide an opportunity. “We have to ask ourselves,” he said. “Do we simply want a series of trade agreements, the more the merrier? Or do we want deals that achieve certain ends? It is a moment to recast the future.”