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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Owen Smith promises to be a "cold-eyed revolutionary" - but tiptoes round Brexit

The Labour leader challenger takes Jeremy Corbyn on at his own anti-austerity game. 

Owen Smith may be challenging Jeremy Corbyn for the Labour leadership but it seems he has learnt a thing or two from his former boss. 

One year on from abstaining from the Tory Welfare Bill - a decision he now says he regrets - Smith attacked the former Chancellor George Osborne’s austerity policies from Orgreave, a former steel plant which was pivotal during the miners’ strike.  

Listing frustrations from library cuts to delayed trains, Smith declared: “Behind all of these frustrations is one cause – austerity.”

Borrowing the rhetoric that served Corbyn so well, he banged the drum about pay, labour rights and fair taxes. 

Indeed, a spokesman from Jeremy for Labour popped up to say as much: “We welcome Owen’s focus on equality of outcome, reindustrialisation and workers' rights - and his support for policies announced in recent months by Jeremy Corbyn and John McDonnell.”

On policy, though, Smith showed a touch of his own. 

His description of the Department for Work and Pensions as “a byword for cruelty and insecurity” resonates with the deep fear many benefit claimants feel for this faceless but all powerful authority. His promise to scrap it will not go unnoticed.

Another promise, to end the public sector pay freeze, is timely given widespread expectations that withdrawing from the EU’s single market will push up prices. 

He also appealed to the unions with a pledge to scrap the “vicious and vindictive” Trade Union Act. 

The policies may be Corbynite, but where Smith stands out is his determination to be specific and practical. He is selling himself as the Corbyn who actually gets things done. Asked about what he would replace zero-hours contracts with, he responded: "Well it could be one [hour]. But it can't be zero."

As he concluded his speech, he promised “revolution” but continued:

“Not some misty eyed romanticism about a revolution to overthrow capitalism.

“But a cold-eyed, practical, socialist revolution, through a radical Labour Government that puts in place the laws and the levers that can genuinely even things up.”

Smith’s speech, though, steered clear of grappling with the big issues of Brexit. He stands in favour of a second referendum on the Brexit deal, which may appease Labour's inner city voters but could frustrate others who voted Leave.

On the free movement of people – widely viewed as a dividing line between Labour’s Corbynite members and the wider voting population - he has been vague. He has previously expressed support for the "progressive case against freedom of movement" and criticised Corbyn for failing to understand patriotism. But this is not the same as drawing up policy. Whether he can come up with strong views on immigration and still appeal to both voter bases will be his biggest challenge of all. 

Owen Smith's 20 policies

1.      A pledge to focus on equality of outcome, not equality of opportunity 
2.      Scrapping the DWP and replacing it with a Ministry for Labour and a Department for Social Security
3.      Introducing modern wages councils for hotel, shop and care workers to strengthen terms and conditions
4.      Banning zero hour contracts
5.      Ending the public sector pay freeze
6.      Extending the right to information and consultation to cover all workplaces with more than 50 employees
7.      Ensuring workers’ representation on remuneration committees
8.      Repealing the Trade Union Act
9.      Increase spending on the NHS by 4 per cent in real-terms in every year of the next parliament
10.  Commit to bringing NHS funding up to the European average within the first term of a Labour Government
11.  Greater spending on schools and libraries
12.  Re-instate the 50p top rate of income tax
13.  Reverse the reductions in Corporation Tax due to take place over the next four years
14.  Reverse cuts to Inheritance Tax announced in the Summer Budget
15.  Reverse cuts to Capital Gains Tax announced in the Summer Budget
16.  Introduce a new wealth Tax on the top 1 per cent earners
17.  A British New Deal unveiling £200bn of investment over five years
18.  A commitment to invest tens of billions in the North of England, and to bring forward High Speed 3
19.  A pledge to build 300,000 homes in every year of the next parliament – 1.5 million over five years
20.  Ending the scandal of fuel poverty by investing in efficient energy