Why Unison is wrong to seek the sacking and arrest of Jeremy Clarkson

The public sector trade union scores a spectacular PR own goal.

The trade union Unison is seeking "urgent legal advice" about what to do regarding Jeremy Clarkson's comments about strikers being "executed in front of their families. The press release -- the words are put to the mouth of Dave Prentis, Unison General Secretary -- is worth reading carefully.

Clarkson's comments on the One Show were totally outrageous, and they cannot be tolerated. We are seeking urgent legal advice about what further action we can take against him and the BBC, and whether or not his comments should be referred to the police.

In fact, the comments were the sort of thing one expects from Jeremy Clarkson. In their way, they are neither more nor less outrageous than, say, the Scottish comedian Limmy wishing Margaret Thatcher dead. In neither case were the comments particularly funny.

And complaints to the BBC or Ofcom are one thing, but the possible referring to the police is quite another. Should someone -- even Clarkson -- face arrest, charging, prosecution, and even conviction, in these circumstances? Is it not clear that Clarkson's comments were at least intended to be a joke?

Anyway, the press release continues.

Public sector workers and their families are utterly shocked by Jeremy Clarkson's revolting comments. We know that many other licence fee payers share our concerns about his outrageous views. The One Show is broadcast at a time when children are watching -- they could have been scared and upset by his aggressive statements. An apology is not enough -- we are calling on the BBC to sack Jeremy Clarkson immediately. Such disgusting statements have no place on our TV screens.

So, won't somebody, please, think of the children?

More seriously, here we have a trade union calling for someone to be summarily sacked. No disciplinary procedure, no due process, no contract rights: the man should be fired immediately.

And there's more.

Jeremy Clarkson clearly needs a reminder of just who he is talking about when he calls for public sector workers to be shot in front of their families. Whilst he is driving round in fast cars for a living, public sector workers are busy holding our society together -- they save others' lives on a daily basis, they care for the sick, the vulnerable, the elderly. They wipe bottoms, noses, they help children to learn, and empty bins -- they deserve all our thanks -- certainly not the unbelievable level of abuse he threw at them.

There is no doubt that this sentiment is correct.

But it avoids the question of whether public sector workers are well served by their trade union using scarce resources to pay lawyers for advice on getting Clarkson arrested or sacked on the spot. It is also odd that Unison is risking its credibility - which is vitally important for all its members - in deploying such a misconceived and illiberal PR move. And it is sad that all this has achieved is to make Clarkson the story, and not Unison's members and their demands.

So I put many of these concerns to Unison:

1. How much money is Unison proposing to spend on this "urgent legal advice"?
2. Is this a good use of Unison 's scarce resources?
3. Which law firm is supplying the advice?
4. Is it illiberal to call for police involvement? Should someone really face arrest, prosecution, and conviction in these circumstances?
5. Has Unison scored an own goal with this press release?

Their reply to these detailed queries?

All we can say at the moment is that "We are standing up for our members, it is an outrageous comment to make on early evening programme.

And then they just referred me back to their press release.

 

David Allen Green is legal correspondent of the New Statesman.

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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The Conservative-DUP deal is great news for the DUP, but bad news for Theresa May

The DUP has secured a 10 per cent increase in Northern Ireland's budget in return for propping up the Prime Minister.

Well, that’s that then. Theresa May has reached an accord with the Democratic Unionist Party to keep herself in office. Among the items: the triple lock on pensions will remain in place, and the winter fuel allowance will not be means-tested across the United Kingdom. In addition, the DUP have bagged an extra £1bn of spending for Northern Ireland, which will go on schools, hospitals and roads. That’s more than a five per cent increase in Northern Ireland’s budget, which in 2016-7 was just £9.8bn.

The most politically significant item will be the extension of the military covenant – the government’s agreement to look after veterans of war and their families – to Northern Ireland. Although the price tag is small, extending priority access to healthcare to veterans is particularly contentious in Northern Ireland, where they have served not just overseas but in Northern Ireland itself. Sensitivities about the role of the Armed Forces in the Troubles were why the Labour government of Tony Blair did not include Northern Ireland in the covenant in 2000, when elements of it were first codified.

It gives an opportunity for the SNP…

Gina Miller, whose court judgement successfully forced the government into holding a vote on triggering Article 50, has claimed that an increase in spending in Northern Ireland will automatically entail spending increases in Wales and Scotland thanks to the Barnett formula. This allocates funding for Wales, Scotland and Northern Ireland based on spending in England or on GB-wide schemes.

However, this is incorrect. The Barnett formula has no legal force, and, in any case, is calculated using England as a baseline. However, that won’t stop the SNP MPs making political hay with the issue, particularly as “the Vow” – the last minute promise by the three Unionist party leaders during the 2014 independence referendum – promised to codify the formula. They will argue this breaks the spirit, if not the letter of the vow. 

…and Welsh Labour

However, the SNP will have a direct opponent in Wales. The Welsh Labour party has long argued that the Barnett formula, devised in 1978, gives too little to Wales. They will take the accord with Northern Ireland as an opportunity to argue that the formula should be ripped up and renegotiated.

It risks toxifying the Tories further

The DUP’s socially conservative positions, though they put them on the same side as their voters, are anathema to many voters in England, Scotland and Wales. Although the DUP’s positions on abortion and equal marriage will not be brought to bear on rUK, the association could leave a bad taste in the mouth for voters considering a Conservative vote next time. Added to that, the bumper increase in spending in Northern Ireland will make it even harder to win support for continuing cuts in the rest of the United Kingdom.

All of which is moot if the Conservatives U-Turn on austerity

Of course, all of these problems will fade if the Conservatives further loosen their deficit target, as they did last year. Turning on the spending taps in England, Scotland and Wales is probably their last, best chance of turning around the grim political picture.

It’s a remarkable coup for Arlene Foster

The agreement, which ticks a number of boxes for the DUP, caps off an astonishing reversal of fortunes for the DUP’s leader, Arlene Foster. The significant increase in spending in Northern Ireland – equivalent to the budget of the entirety of the United Kingdom going up by £70bn over two years  – is only the biggest ticket item. The extension of the military covenant to Northern Ireland appeals to two longstanding aims of the DUP. The first is to end “Northern Ireland exceptionalism” wherever possible, and the second is the red meat to their voters in offering better treatment to veterans.

It feels like a lifetime ago when you remember that in March 2017, Foster was a weakened figure having led the DUP into its worst election result since the creation of the devolved assembly at Stormont.

The election result, in which the DUP took the lion’s share of Westminster seats in Northern Ireland, is part of that. But so too are the series of canny moves made by Foster in the aftermath of her March disappointment. By attending Martin McGuinness’s funeral and striking a more consensual note on some issues, she has helped shed some of the blame for the collapse of power-sharing, and proven herself to be a tricky negotiator.

Conservatives are hoping it will be plain sailing for them, and the DUP from now on should take note. 

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.

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