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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Labour trying to outdo Ukip on border control is the sure path to defeat

Only Diane Abbott has come out fighting for free movement. 

There is no point trying to deny it. Paul Nuttall’s election as Ukip leader is dangerous for Labour. Yes, Nuttall may not be a credible voice for working-class people – he ran as a Tory councillor in 2002 and has said that “the very existence of the NHS stifles competition”. Yes, he may be leader of a party which has (for now) haemorrhaged donors and supporters. But what Nuttall’s election represents is the coming of age for a form of right-wing populism which is pointed directly at Labour’s base. Along with the likes of Ukip's major donor Arron Banks, Nuttall will open up a second front against Labour – focused on blaming migrants for falling wages and crumbling services.

In the face of this danger, and the burning need to create a narrative of its own about the neglect of the communities it represents, Labour’s main response has been confusion. Barely a week has gone by without a major Labour figure repeating the touchstone myths on which Ukip has built its working class roots. Speaking on the Andrew Marr Show, Emily Thornberry openly backed the idea that migration has dragged down wages. “Do I think that at the moment too many people come into this country? Yes I do”, she said.

Another response has been to look for policies that transcend the debate altogether, while giving a nod to the perceived “concerns” that voters harbour about immigration. When Clive Lewis spoke to the Guardian some weeks ago, he also repeated the idea that free movement “hasn’t worked for many of the people in this country, where they’ve been undercut” and coupled this with compulsory trade union membership for those coming to Britain to work – a closed shop for migrant workers.

It is unsurprising that MPs on the right of the party – many of whom had much to say about the benefits of migration during the EU referendum – have retreated into support for immigration controls. This kind of triangulation and retreat – the opposite of the insurgent leftwing populism that Labour needs to win elections – is the hallmark of Labour’s establishment politics. Those who want to stand and fight on the issue should be concerned that, for now, only Diane Abbott has come out fighting for continued free movement.

At the moment, Labour is chasing the narrative on immigration – and that has to stop. The process that is shifting the debate on migration is Brexit, the British franchise of a global nationalist resurgence that is sweeping the far right to power across the western world. Attempt to negotiate a compromise on migration in the face of that wave, or try to claim it as an “opportunity”, and there is simply no limit to how far Labour will be pushed. What is needed is an ideological counter-attack, which tells a different story about why living standards have deteriorated and offers real solutions.

The reason why wages have stagnated and in recent decades is not immigration. Among the very few studies which find that migration has caused a fall in wages, most conclude that the fall is marginal. The Bank of England’s study, cited by Boris Johnson in the heat of the EU referendum campaign, put the average figure at 0.3 per cent for every ten percentage point rise in migrants in a given sector of work. That rises to 1.8 per cent in some areas.

Median earnings fell by 10.4 per cent between 2007 and 2015, and by 2021 are forecast to be lower in real terms than they were in 2008. For many communities, that fall in wages comes on top of the destruction of industry; the defeat of the trade union movement; the fire sale of Britain’s social housing stock; and years of gruelling Tory austerity. Nuttall’s Ukip will argue that economic and social insecurity are the result of uncontrolled immigration. To give an inch to that claim is to abandon reality.

Labour cannot win against Ukip by playing around with new and innovative border controls – it has to put forward a vision for a radically different kind of society. Under Jeremy Corbyn, Labour is closer than it ever has been to the kind of radical social and economic platform that it will need to regain power - £500bn of investment, building a million new homes a year, raising minimum wage and reinstating proper collective bargaining and trade union rights. What it needs now is clarity – a message about who to blame and what to do, which can cut through the dust kicked up by the Brexit vote.