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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Harriet Harman: “Theresa May is a woman, but she is no sister”

The former deputy leader of the Labour Party urged women to unite across the divided party.

The day-long women's conference is usually the friendliest place at Labour party conference. Not only does it have a creche and a very clear emphasis on accessibility, but everybody who attends starts from a place of fundamental agreement before the sessions have even begun. For that reason, it's often ignored by political hacks in search of a juicy splits story (especially since it takes place on Saturday, before the "real" conference action really gets underway). But with the party divided and the abuse of women on and off social media a big concern, there was a lot to say.

This year, kick off was delayed because of the announcement of Jeremy Corbyn's victory in the leadership election. The cheer for the renewed leader in the packed women's conference hall was far bigger than that in the main hall, although not everybody was clapping. After a sombre tribute to the murdered Labour MP and former chair of the Labour Women's Network Jo Cox, Harriet Harman took to the stage.

As a long-time campaigner for women's rights, veteran MP and former deputy leader of the Labour Party, Harman is always popular with women's conference - even if her position on the current leadership and her status as a former Blairite minister places her out of sync with some of the audience. Rather than merely introducing the first speaker as the agenda suggested, Harman took the opportunity to make a coded dig at Corbyn by doing a little opposition of her own.

"Theresa May is a woman, but she is no sister," she declared, going on to describe the way that May, as shadow spokesperson for women and equalities under William Hague, had been a "drag anchor" on Harman's own efforts to enact pro-women reforms while Labour were in government. The Thatcher comparison for May is ubiquitous already, but Harman made it specific, saying that like Thatcher, Theresa May is a woman prime minister who is no friend to women.

Harman then turned her attention to internal Labour party affairs, reassuring the assembled women that a divided party didn't have to mean that no advances could be made. She gestured towards the turmoil in Labour in the 1980s, saying that "no matter what positions women were taking elsewhere in the party, we worked together for progress". Her intervention chimes with the recent moves by high profile former frontbenchers like Chuka Umunna and Yvette Cooper to seek select committee positions, and Andy Burnham's campaign to become mayor of Greater Manchester.

Harman's message to women's conference was clear: the time for opposition to Corbyn is over now - we have to live with this leadership, but we can't let the equalities legacy of the Blair years be subsumed in the meantime. She ended by saying that "we have many leaders in the Labour party," pointing to Jess Phillips, the chair of the women's PLP, and Angela Rayner, shadow minister for education, women and equalities. Like Burnham, Cooper et al, Harman has clearly decided that Corbyn can't be unseated, so ways must be found to work around him.

Rayner followed Harman onto the stage. As one of Corbyn's shadow ministerial team, Rayner is far from in agreement with Harman on everything, and rather than speak about any specific policy aims, she addressed women's conference on the subject of her personal journey to the front bench. She described how her mother was "born on the largest council estate in Europe and was one of twelve children" and "never felt loved and didn’t know how to love, because hugs, cuddles and any signs of affection just wasn’t the norm". She went on to say "mum won't mind me saying this - to this day she cannot read and write". Her mother was in the audience, attending her first Labour conference.

As a former care worker who became a mother herself when she was just 16, Rayner is a rarity at the top of Labour politics. She told the Guardian in 2012 that she is used to being underestimated because of her youth, her gender and her northern accent: "I'm a pretty young woman, lots of red hair, and everyone expects me to be stupid when I walk into a meeting for the first time. I'm not stupid and most people know that now, but I still like to be underestimated because it gives me an edge. It gives me a bit of stealth."

The mass shadow cabinet resignations in June propelled Rayner to the top sooner than an MP only elected in 2015 might have expected, and she has yet to really prove her mettle on the grind of parliamentary opposition and policy detail. But if Labour is ever to win back the seats in the north where Ukip and Brexit are now strong, it's the likes of Rayner that will do it. As Harriet Harman herself shows, the women and equalities brief is a good place to start - for even in turbulent, divided times for Labour, women's conference is still a place where people can find common ground.

Caroline Crampton is assistant editor of the New Statesman.