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.)

Photo: Getty Images
Show Hide image

There are risks as well as opportunities ahead for George Osborne

The Chancellor is in a tight spot, but expect his political wiles to be on full display, says Spencer Thompson.

The most significant fiscal event of this parliament will take place in late November, when the Chancellor presents the spending review setting out his plans for funding government departments over the next four years. This week, across Whitehall and up and down the country, ministers, lobbyists, advocacy groups and town halls are busily finalising their pitches ahead of Friday’s deadline for submissions to the review

It is difficult to overstate the challenge faced by the Chancellor. Under his current spending forecast and planned protections for the NHS, schools, defence and international aid spending, other areas of government will need to be cut by 16.4 per cent in real terms between 2015/16 and 2019/20. Focusing on services spending outside of protected areas, the cumulative cut will reach 26.5 per cent. Despite this, the Chancellor nonetheless has significant room for manoeuvre.

Firstly, under plans unveiled at the budget, the government intends to expand capital investment significantly in both 2018-19 and 2019-20. Over the last parliament capital spending was cut by around a quarter, but between now and 2019-20 it will grow by almost 20 per cent. How this growth in spending should be distributed across departments and between investment projects should be at the heart of the spending review.

In a paper published on Monday, we highlighted three urgent priorities for any additional capital spending: re-balancing transport investment away from London and the greater South East towards the North of England, a £2bn per year boost in public spending on housebuilding, and £1bn of extra investment per year in energy efficiency improvements for fuel-poor households.

Secondly, despite the tough fiscal environment, the Chancellor has the scope to fund a range of areas of policy in dire need of extra resources. These include social care, where rising costs at a time of falling resources are set to generate a severe funding squeeze for local government, 16-19 education, where many 6th-form and FE colleges are at risk of great financial difficulty, and funding a guaranteed paid job for young people in long-term unemployment. Our paper suggests a range of options for how to put these and other areas of policy on a sustainable funding footing.

There is a political angle to this as well. The Conservatives are keen to be seen as a party representing all working people, as shown by the "blue-collar Conservatism" agenda. In addition, the spending review offers the Conservative party the opportunity to return to ‘Compassionate Conservatism’ as a going concern.  If they are truly serious about being seen in this light, this should be reflected in a social investment agenda pursued through the spending review that promotes employment and secures a future for public services outside the NHS and schools.

This will come at a cost, however. In our paper, we show how the Chancellor could fund our package of proposed policies without increasing the pain on other areas of government, while remaining consistent with the government’s fiscal rules that require him to reach a surplus on overall government borrowing by 2019-20. We do not agree that the Government needs to reach a surplus in that year. But given this target wont be scrapped ahead of the spending review, we suggest that he should target a slightly lower surplus in 2019/20 of £7bn, with the deficit the year before being £2bn higher. In addition, we propose several revenue-raising measures in line with recent government tax policy that together would unlock an additional £5bn of resource for government departments.

Make no mistake, this will be a tough settlement for government departments and for public services. But the Chancellor does have a range of options open as he plans the upcoming spending review. Expect his reputation as a highly political Chancellor to be on full display.

Spencer Thompson is economic analyst at IPPR