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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10 times Nicola Sturgeon nailed what it's like to be a Remain voter post-Brexit

Scotland's First Minister didn't mince her words.

While Westminster flounders, up in Holyrood, First Minister Nicola Sturgeon has busied herself trying to find a way for Scotland to stay in the European Union

And in a speech on Monday, she laid out the options.

The Scottish Nationalist acknowledged the option of independence would not be straightforward, but she added: “It may well be that the option that offers us the greatest certainty, stability and the maximum control over our own destiny, is that of independence.”

She also hinted at a more measured stance, where Scotland could “retain ties and keep open channels” with the EU while other countries within the UK “pursue different outcomes”. 

And she praised the new PM Theresa May’s commitment to wait for a UK-wide agreement before triggering Article 50.

But Sturgeon’s wide-ranging speech also revisited her memories of Brexit, and the days of chaos that followed. Here are some of the best bits.

1. On the referendum

I am the last person you will hear criticising the principle of referenda. But proposing a referendum when you believe in the constitutional change it offers is one thing. Proposing - as David Cameron did - a referendum even though he opposed the change on offer is quite another. 

2. On the result

I told the Scottish Parliament a few days later that I was “disappointed and concerned” by the result. I have to admit that was parliamentary language for a much stronger feeling.

3. On the Leave campaign

I felt, and still feel, contempt for a Leave campaign that had lied and given succour to the racism and intolerance of the far right.

4. On leadership

It seemed abundantly clear to me that people - even many of those who had voted to Leave - were going to wake up feeling very anxious and uncertain. It was therefore the job of politicians, not to pretend that we instantly had all the answers, but to give a sense of direction. To try to create some order out of the chaos. That’s what I was determined to try to do for Scotland. I assumed that UK politicians would do likewise. I was wrong. 

5. On EU nationals

I felt then – and still feel very strongly today - that we must give them as much reassurance as possible. It is wrong that the UK government has not yet given a guarantee of continued residence to those who have built lives, careers and families here in the UK.

6. On karma

You tend to reap what you have sown over many years. It shouldn’t have come as a surprise to politicians who have spent years denigrating the EU and pandering to the myths about free movement, that some voters simply did not believe them when they suddenly started extolling the virtues of both.

7. On teenage voters

I think it was wrong in principle to deny EU nationals and 16 & 17 year olds the right to vote. But, as well as being wrong in principle, it was also tactically foolish. 

8. On slogans

While “Brexit means Brexit” is intended to sound like a strong statement of intent it is, in truth, just a soundbite that masks a lack of any clear sense of direction.

9. On Scotland

Some will say that we also voted to stay in the UK, so we must accept the UK wide verdict. But in 2014, we voted to stay part of a UK that was a member of the EU - indeed, we were told then that protecting our EU membership was one of the main reasons to vote against independence.

10. On taking back control

To end up in a position, which is highly possible, where we have to abide by all the rules of the single market and pay to be part of it, but have no say whatsoever in what the rules are, would not be taking back control, to coin a phrase we’ve heard more than once recently- it would be giving up control.