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.)

Photo: Getty
Show Hide image

Corbyn is personally fireproof, but his manifesto could be torched by the Brexit blaze

There is no evidence that EU migration has depressed wages – but most Labour MPs believe it has.

News, like gas, expands to fill the space available to it. That’s why the summer recess can so often be a time of political discomfort for one party or another. Without the daily grind of life at Westminster, difficult moments can linger. Minor rows become front-page news.

There are many reasons why Theresa May is spending three weeks hiking in northern Italy and Switzerland, and one of them is that it is hard to have a leadership crisis if your leader is elsewhere. That makes the summer particularly dangerous for Labour. The danger is heightened as the majority of the press is unsympathetic to the party and the remainder is simply bored. Even a minor crisis could turn into a catastrophe.

Jeremy Corbyn’s interview on BBC1’s The Andrew Marr Show on 23 July, therefore, carried the same risks as juggling lit matches in a dry forest. The Labour leader ruled out continuing participation in the single market after Britain leaves the political structures of the European Union. For good measure, he added that the “wholesale importation” of people from eastern and central Europe had been used to undermine pay and conditions for British workers. Both statements only aggravate the stress fractures in the Labour movement and in its electoral coalition.

The good news for the Labour leader is that he is fireproof. Only God or Corbyn himself can prevent him from leading the party into the next election, whenever it comes, and no one will be foolish enough to try to remove him, even if they had the inclination. Also, while the question of what flavour of Brexit to pursue divides Labour in the country, it doesn’t divide Labour at Westminster. Most Labour MPs nodded along in agreement with Corbyn during the Marr interview. They believe – as the shadow international trade secretary, Barry Gardiner, outlined a day later – that remaining in the customs union and the single market would be a betrayal of the wishes of Leave voters, who want full control over Britain’s borders and laws.

There is no evidence that migration from the eastern bloc has depressed wages. But most Labour MPs believe that it has. “I am convinced,” one formerly pro-European MP told me, “that no matter what the studies say, immigration has reduced wages.”

Most of the Labour people who are willing to kick up a fuss about “hard” Brexit are outside parliament. These include the Welsh First Minister, Carwyn Jones, who wants Britain to remain in the single market; the general secretary of the TSSA union, Manuel Cortes, who recently used the New Statesman website to urge the party to keep all of its options open, including a second referendum to keep Britain in the EU; and the rapper Akala, who lambasted Corbyn’s interview on Twitter. While a large minority of Labour MPs back a softer version of Brexit, they are a minority, and not a large enough one to combine with Tory dissidents to make a Commons majority, even when the votes of the SNP, Plaid Cymru and the Green MP Caroline Lucas are taken into account.

This increases the party’s dependence on Jeremy Corbyn. As the leader’s aides observe, even among the quarter of the country that believes the government should simply overturn the referendum result, only a quarter of that quarter do so because they have a particular affection for the institutions of the European Union.

For the majority of hard Remainers, Brexit is a significant battleground in a larger culture war, one in which Corbyn is otherwise in perfect alignment with their values. His electoral appeal to Labour MPs is that he is someone who can say the same things on Brexit and migration as Yvette Cooper or Stephen Kinnock previously did, but without losing votes in England’s great cities.

The electoral threat to Labour from backing a harder form of exit is, in any case, often overstated. The first-past-the-post system makes the Liberal Democrats an inadequate refuge for anguished Remainers in England, while the SNP’s support for Scottish independence makes it an unsuitable home for Labour refugees in Scotland. Team Corbyn feels that Vince Cable, the Liberal Democrats’ new leader, will struggle to convince Labour voters that he can be trusted because of the role he played in designing the new system of tuition fees (having previously pledged to vote against them). In any case, the risk of letting in a Conservative prime minister – probably one committed to a version of Brexit even harder than Labour’s – further locks Remainers in Labour’s corner.

That leaves Labour in Westminster free to pursue a version of Brexit that meets the needs of both the leadership, which relishes the freedom to pursue a more radical economic policy unconstrained by the European Union, and Labour MPs, particularly those with seats in Yorkshire and the Midlands, who are concerned about opposition to immigration in their constituencies. This has the happy side effect of forcing the Conservatives to take the blame for delivering any Brexit deal that falls short of the promises made by Vote Leave during the referendum and in the high-blown rhetoric used by Theresa May during the election campaign.

However, all is not rosy. What most Labour MPs seem to have forgotten is that Brexit is not simply a political battleground – something to be leveraged to reduce the number of complaints about migration and to hasten the Tory government into an early grave. There is a political victory to be had by using the Brexit process to clobber the government. But there is also a far bigger defeat in store for the left if leaving the EU makes Britain poorer and more vulnerable to the caprice of international finance. That Jeremy Corbyn is personally fireproof doesn’t mean that his manifesto can’t be torched by the Brexit blaze. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.

This article first appeared in the 27 July 2017 issue of the New Statesman, Summer double issue