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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Richard Dawkins: We need a new party - the European Party

I was unqualified to vote in the EU referendum. So at least now we should hear from experts. 

It is just conceivable that Brexit will eventually turn out to be a good thing. I gravely doubt it, but I’m not qualified to judge. And that is the point. I wasn’t qualified to vote in the referendum. Nor were you, unless you have a PhD in economics or are an expert in a relevant field such as history. It’s grotesque that David Cameron, with the squalidly parochial aim of silencing the Ukip-leaning wing of his party, gambled away our future and handed it over to a rabble of ignorant voters like me.

I voted – under protest, because I never should have been asked to vote, but I did. In line with the precautionary principle, I knew enough to understand that such a significant, complex and intricate change as Brexit would drive a clumsy bull through hundreds of delicate china shops painstakingly stocked up over decades of European co-operation: financial agreements, manufacturing partnerships, international scholarships, research grants, cultural and edu­cational exchanges.

I voted Remain, too, because, though ­ignorant of the details, I could at least spot that the Leave arguments were visceral, emotional and often downright xenophobic. And I could see that the Remain arguments were predominantly rational and ­evidence-based. They were derided as “Project Fear”, but fear can be rational. The fear of a man stalked by a hungry polar bear is entirely different from the fear of a man who thinks that he has seen a ghost. The trick is to distinguish justified fear from irrational fear. Those who scorned Project Fear made not the slightest attempt to do so.

The single most shocking message conveyed during the referendum campaign was: “Don’t trust experts.” The British people are fed up with them, we were told. You, the voter, are the expert here. Despicable though the sentiment was, it unfortunately was true. Cameron made it true. By his unspeakable folly in calling the referendum, he promoted everyone to the rank of expert. You might as well call a nationwide plebiscite to decide whether Einstein got his algebra right, or let passengers vote on which runway the pilot should land on.

Scientists are experts only in their own limited field. I can’t judge the details of physics papers in the journal Nature, but I know that they’ve been refereed rigorously by experts chosen by an expert editor. Scientists who lie about their research results (and regrettably there are a few) face the likelihood that they’ll be rumbled when their experiments are repeated. In the world of science, faking your data is the cardinal sin. Do so and you’ll be drummed out of the profession without mercy and for ever.

A politician who lies will theoretically get payback at the next election. The trouble with Brexit is that there is no next election. Brexit is for keeps. Everyone now knows that the £350m slogan on the Brexit bus was a barefaced lie, but it’s too late. Even if the liars lose their seats at the next election (and they probably won’t), Brexit still means Brexit, and Brexit is irreversible. Long after the old people who voted Leave are dead and forgotten, the young who couldn’t be bothered to vote and now regret it will be reaping the consequences.

A slender majority of the British people, on one particular day in June last year when the polls had been going up and down like a Yo-Yo, gave their ill-informed and actively misled opinion. They were not asked what they wanted to get into, only what they wanted to get out of. They might have thought “Take back control” meant “Give control back to our sovereign parliament, which will decide the details”. Yes, well, look how that’s working out!

“The British people have spoken” has become an article of zealous faith. Even to suggest that parliament should have a little bitty say in the details is hysterically condemned as heresy, defying “the people”. British politics has become toxic. There is poison in the air. We thought that we had grown out of xenophobic bigotry and nationalistic jingoism. Or, at least, we thought it had been tamed, shamed into shutting its oafish mouth. The Brexit vote signalled an immediate rise in attacks on decent, hard-working Poles and others. Bigots have been handed a new licence. Senior judges who upheld the law were damned as “enemies of the people” and physically threatened.

Am I being elitist? Of course. What’s wrong with that? We want elite surgeons who know their anatomy, elite pilots who know how to fly, elite engineers to build safe bridges, elite athletes to win at the Olympics for Team GB, elite architects to design beautiful buildings, elite teachers and professors to educate the next generation and help them join the elite. In the same way, to decide the affairs of state, as we live in a representative democracy, we can at least hope to elect elite parliamentarians, guided and advised by elite, highly educated civil servants. Not politicians who abdicate their democratic responsibility and hand important decisions over to people like me.

What is to be done? Labour, the so-called opposition, has caved in to the doctrine of “the British people have spoken”. Only the Lib Dems and SNP are left standing. Unfortunately, the Lib Dem brand is tarnished by association with Cameron in the coalition.

Any good PR expert would prescribe a big makeover, a change of name. The “Euro­pean Party” would attract Labour voters and Labour MPs disillusioned with Jeremy Corbyn. The European Party would attract Europhile Tory MPs – and there are plenty of them. The European Party would attract a high proportion of the 48 per cent of us who voted Remain. The European Party would attract big donations. The European Party might not win the next election, but it would stand a better chance than Labour or the Lib Dems under their present name. And it would provide the proper opposition that we so sorely need.

This article first appeared in the 30 March 2017 issue of the New Statesman, Wanted: an opposition