David Allen Green

A critical and liberal look at law and policy

Syndicate contentRSS

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.

100 comments

John Lake's picture

The issue to my mind isn't actually about Clarkson but the BBC, which seems happy to allow anti-TU/leftist sentiment to be normalised in this way DESPITE its supposed policy of non-bias. Put it this way, do you think they would let a guest on The One Show get away with a similar comment advocating the execution of all bankers/Tory voters/etc., no matter how ironic or tongue-in-cheek it was intended to be? I doubt it somehow, especially if it was one of their in-house 'star turns'. And let's not forget that probably almost every one of the 2 million people who went on strike on Wednesday belongs to a licence-fee-paying household.

andrea m's picture

To be Honest, what ever happend to sticks and stones?? I find porn on my living room tv far more offensive than any words anyone can say!!!!!!!!!!!Get a life you lot.

Paul Drabble's picture

Those of you calling for clarksons job and or prosecution really do seem to have suffered a sense of humour failure. Go away get a life you only have to listen to the next line "Some of us Have to work for a living" There is your massive hint that he is being ironic and using extreme outspoken statements to humorous effect. Its what he does and partly how he makes his living.
Get a sense of humour or batteries for the remote control!

Drone3471D's picture

@ David Allen Green and all the jolly rightwingers

So, if it's okay to laugh about a nurse getting her brains blown out while her family watch and okay to joke about Allen getting his skull drilled while his kids look on my question is, what about Jews?
Is it okay to say I think some Jews should be executed in front of their families? You know, for not breaking the law and acting fully within their rights.
If not, what makes joking about school dinner lady with 9mm in the head = "hahahaha, you know it's just a joke", and joking about Jew, 9mm in the head = maybe not so hahahaha? Just trying to find out where Clarkson humour begins and hate speech begins guys, work with me.

Allan, I think your children should be skullfu**ed with a bayonet BTW. Not that they have done anything wrong or illegal mind you. It's just because I don't like them, so they should die. But please don't overreact. It's just a joke.

Neil's picture

Sticks and stones......what a storm in a teacup!
These people who would gag the likes of Clarkson are the same kind who have censored free speech through the ages with their puritanical views. It is their kind who have brought about oppression and suppressed others liberty to speak as they please. Freedom of speech is a human right regardless of who it offends. Let's start by shooting the politically correct lobby.

eteloceleas's picture

I was offended by clarksons comments... put into perspective, it means I didn't like what he said, it was inappropriate and desperately unfunny. It does not mean I am physically hurt, or unable to function .. I decided I didn't like it and then moved on to something I did like.

Unisons reaction, and all this media attention is overshadowing the cause of their members

C's picture

I can't help but think of those two young lads sitting in prison cells at this very moment for inciting (but taking no part in) rioting. They will be there for the next 4 yrs or so. For some reason David Allen Green believes execution is a far less severe crime, citing a number of poorly reasoned "concern" such as "Which law firm is supplying the advice?" Why that is a concern I no idea...Worse, if Clarkson gets away without punishment will will only have to endure more of his infantile behaviour in future.

Helen's picture

@RSW

If I can have some of yours. I pay my own pension.

Pete's picture

Gosh. We are discussing whether expressing one's opinion should be a crime.

Welcome to Orwellian Britain.

Lox's picture

You're well named, drone.

Sam's picture

To those who want Clarkson sacked, please get a life....

Gideon's picture

Clarkson is a loud mouthed ignorant Tory yob. He is funny like Boris J is funny. He has no credibility whatsoever yet the public purse pay this clown a fortune. His ignorance is funny, tragically funny.

Parkour Pete's picture

@TC "Anders Breivik is a fan of Clarkson"

So they must be similar kinds of people, is that it?

Unbelievable..

Tash's picture

I'm once again appalled by the media's willingness to create a sensationalist story by taking a video clip out of context.

Please watch the full comment. He was taking a dig at the BBC's neutral satirical policies, and it should be obvious to any reasonable person that he is not malicious to strikers.

Unison should be embarrassed by their actions.

http://www.youtube.com/watch?v=BPfkyeCeSJY

TC's picture

Cameron is part of a spectrum. I realize it is a tactical error but the demonization of any group seen as 'left' is terrifying.

Anders Breivik is a fan of Clarkson, remember. This sort of behaviour sets the tone and culture of our society, making such attacks (77 murdered because they were 'cultural marxists' and supported 'multiculturalism') much more likely.

Ana's picture

Not a great fun of Clarkson myself, but he has a right to his opinion and probably many voiced their opinion against union leaders - not on TV, of course.
But as always with unions it's double standards. They have all the rights, not the rest of us. As for the strike, why civil servants think themselves about the rest of us. Where is the Bill of Rights about equality? Some are more equal than others. Why do I have to work more and received a pittance as pension and they can't but still receive a generous pension. No, they don't have my sympathy. I have a better idea for union leaders: listen to one of Fidel's speeches for hours and hours...

Stephen Moss's picture

I am a public sector worker, and I was neither shocked nor outraged by Clarkson's comments. The man is a tedious boor, and this precisely the kind of witless drivel I expect from him. I don't call for his dismissal or arrest, though I think his absence from our television sets would substantially enhance the quality of our viewing.

Gareth Sefton's picture

Do people REALLY think Clarkson is advocating the murder of 2m strikers? They need to get a sense of humour and a sense of perspective.

C's picture

While we're on the subject, George Osborne should also be shot. I don't mind if his family isn't watching though.

Stephen's picture

Yes, it is ironic that a trade union is calling for summary dismissal. Whither natural justice and the ACAS code.

Yeah, Clarkson is a bore. He is also insignificant. He did not exhort anyone to commit violence so I can't see why the Police should get involved. Since when has opinion, however colourfully expressed, been a crime or a dismissal offence?

MP's picture

Twitter a joke about blowing up Robin hood Airport, get time and lose job.

Facebook a comment about the riots ( and not participate ) get 4 years.

Go on TV and call for the execution of people in front of their families and...

Can you not see the hypocrisy?

CitizenSix's picture

Nobody deserves to be sacked for a poor joke (otherwise dole offices would be full of comedians) and definitely not without a disciplinary process.
The reaction to Clarkson's joke (particularly when taken out of context, like so many of these 'outrages'), reveals a level of tension in the wider public that perhaps hasn't been acknowledged (though polling indicates is there I think). In particular, Mr Clarkson did unfortunately say those words on the same day the Met Police announced they were training many more officers in the use of plastic bullets. And water cannon.
Perhaps the fear that their members on some future union protest march may actually end up being shot in front of their families is not so far-fetched... and so their reaction while ill-judged, angry and hasty, is doubtless genuinely felt.

a wright's picture

please don't let political bias towards David Cameron's friend influence your response to what are indefensible comments by Clarkson. It is not as if he has not made them before. Being a petrol head does not excuse Clarkson from allowing rational decent thoughts from entering his brain.

Andy G's picture

Clarkson himself isn't a great advocate of free speech having only recently dropped a super injunction against his ex wife.

Fergus Pickering's picture

But the public purse doesn't pay this clown a fortune. The public purse makes a lot of money out of this clown. Of course I am not talking about the public purse. I am talking about the BBC, which is free and independent, is it not?

Vaughan Jones's picture

Great article as always David. Sceptical and critical thinking at it's most interesting level.

Bob's picture

I'm constantly amazed that JC acts like a stupidity tablet on reasonable people. It's a joke.

Dave Gorman gets it spot on

http://gormano.blogspot.com/2011/12/jeremy-clarkson-should-be-lined-up-a...

Helen's picture

David, as you know from my contact with you, I'm charged with a criminal offence for criticising a council on twitter (wishing them dead, to be specific, for the misery they've caused me, though not sending the tweet to them).
So, Stephen (above), it seems expressing an opinion can in fact be considered a crime! Crazy, but true. I await trial, as does my partner for doing the same.

Peter Howells's picture

I've watched in despair over the past 30 years as the left has consistently failed to learn about PR. Unison should have ignored Clarkson and so should Miliband.

Lox's picture

Don't be so hysterical, TC. Anders Brievik likes Clarkson (does he? well, you learn something completely irrelevant every day)therefore there's some kind of causal link between a crap joke of which you disapprove and mass murder? By the same logic, you might argue that Paul McCartney wants to invade Poland, because he's a vegetarian and so was Hitler.
Tesco Shelf Stacker says he's a nice guy-maybe he is. His TV persona I find to be boorish and somewhat pompous, but since I don't watch Top Gear, it's hardly a problem.
DAG is right. Unison is making itself look ridiculous. And this bollocks about scaring the children-talk about clutching at straws...

Tom's picture

This has endless points in it to bring up:

It must be a really slow news day.
Clarkson has an airtight contract that protects him from getting sacked without getting paid off by the BBC.
His ratings are down. So what better way to jack them up than to "shock" his audience?
The BBC would never sack him. Instead, they'll wait it out as the complaints keep pouring in. Then, if Ofcom steps in, THEN they'll either issue a "formal reprimand". Or, sack him.
It's all a pr stunt by the BBC.
Is Clarkson a BBC employee? Or, does he have his own production company and supply content to them?
Clarkson and the BBC know that this kind of stuff generates tons of comments on websites. Then, said sites can use this to charge higher ad rates.
Having a go at Clarkson is like having a go at Paxman. Some people just can't exist without that.
If Clarkson was sacked, what would the trolls bitch about?
Nice to see blatant spammers like sdfhgdfh back in action. Slipped by the New Statesman screeners, did you?
Finally, the BBC will say free speech. If you don't like it, turn it off.

Proof that yes, the BBC really has gone corporate.

allan sayers's picture

it was a joke. it was clarkson....what did you expect ? what a waste of money talking to lawyers and a waste of police time if it s reported duhhhhhh

Dave N's picture

This analysis of absolutely idiotic in the extreme. The money Unison are spending is to help protect their members, by discouraging influential media personalities from giving direct positive reinforcement to violent right-wing extremists, of the sort who actually have been physically attacking protests in the UK and killing protestors en-masse in Norway etc. It is incredible, but sadly predictable, that The New Statesman's editorial team are frankly too thick to see this. You've been chronically out of touch for years. Wise up!

martybee's picture

Read Mein Kampf...that is a rib tickler alright..I liked the way he balanced the comments about the Jews and the Arian, anyone can see it was taken out of context..and he just loved the Autobahn..no congestion during the re-settlement progam.

mittfh's picture

Both Jez Clarkson and Unison HQ are prats. I'm not particularly shocked or outraged by his comments - after all, he has made a habit of capturing the media's attention by making insensitive and potentially offensive remarks about particular groups of people (usually those the Daily Wail hates).

As for Unison, I'd advise them to stop whinging and get back around the negotiating table. Given a significant chunk of their members are also LGPS members, and the initial proposals for governmental reform of the LGPS were only released recently (and notified to us on Thursday), I can't help but think their decision to ballot for strike action for yesterday was a little premature given that it was made on the basis of what the government was considering at the time, rather than any firm offers.

Ronnie's picture

The public can complain to Ofcom. The quandry for the BBC is how to respond to this. They had a similar situtaion-in terms of public 'outcry'-with Ross and Brand. It's going to be hard for them to propose any form action against him that isn't at least equal to the measures that were taken against them.

Nick Leahy's picture

for God's sake get over the whole issue - watch the interview, he said it as a joke. Dave Prentis is a worm who wanted to give Clarkson some negative publicity because he is a friend of the PM. If anyone felt threatened by Clarkson's comments, they are pathetic. What is wrong with this country?

xtaldave's picture

Unison 'seeking legal advice' over Clarkson's comments is almost as stupid and idiotic as Clarkson's comments.

Adrian Smith's picture

Hold on Unison... surely, the sole purpose of Jeremy Clarkson is that he spouts stupid, contentious and usually (to some little-Englanders) offensive drivel. If you fail to understand the humour, that's your fault, not his...

Sheumais's picture

As Breivik has been declared insane, it's not very sensible to bring him into this, is it TC? Still, no measure is too desperate to condemn an enemy of the left. I wonder if you condemned Limmy too? Somehow I doubt it.

What Clarkson said was supposed to amuse, but outrage, and whilst not well chosen for the time slot, precisely what style of reply should anyone expect from Clarkson on such matters?

I have nothing but contempt for Unison's behaviour, both in taking strike action and this ineffably stupid reaction, so if they wish to alienate people even further, this is the right way to go about it.

alanm's picture

@Roon: This just looks like a good excuse to detract the attention to someone else. Clarkson is entitled to say whatever he likes, dont we live in a country where we are allowed to speak freely...??

Er, well only selectively, as the aftermath of the August riots showed: two young men were not only prosecuted but actually imprisoned for years for voicing their opinions - albeit very ill-timed and ambiguous - for allegedly inciting riots even though they didn't actually cause any or take part in any; one subsequently argued it was a drunken 'joke'. Clarkson makes a very sober 'joke' at a time of public-sector demonisation by the government, about executing strikers in front of their families on a family programme, and just has to make an apology!? Do you not see any double standards here? Those being: it's one rule for Cameron's right-wing buddies, and another for everyone else. At the very least Clarkson should be thrown off the BBC - arguably even prosecuted for potentially inciting hatred and trivialising horrific acts which happen every day throughout the world under foreign tyrannies - that's the Unions' argument and I can see where they're coming from. The commentator who says that because the Norwegian mass murderer has since been diagnosed 'insane' (actually, paranoid schizophrenic to be more precise) only emphasizes the force of the argument that therefore people in public positions need to be very careful and more responsible about what they come out with, because there are those in society who do take things more literally. And to the person who says, this is Clarkson, what do we expect? Well, as license fee payers for a public service which hires Clarkson, I'd say it's only perfectly reasonable to say what we DON'T expect is to have to listen to a diatribe of ignorance thinly disguised in 'ironic' humour by a motor-mouth like him - he's not a comedian, he's not a satirist, he's just a speed-junkie hack who is also famous for his right-wing intolerance towards foreigners and minorities - so why should we expect or want his comments on political issues when all he knows about is bloody cars? The One Show made a catastrophic mistake here: why even ask him the question? We now know it was all pre-rehearsed, so the BBC is complicit in this almost laughably crass lapse in taste and choreography. Unfortunately however, it's more than laughable: it's down right offensive and way over the line of decency and taste.

AllanW's picture

@Dave N

Seek help urgently.

praha7's picture

Is this the same David Allen Green that was telling us a few weeks ago what a wonderful person Tom Crone is?

If so I don't think I value his opinion much.

MikeHypercube's picture

I get worried when the Ross/Brand comparison is brought up. They (I hope) were suspended for the shabby way they treated a fellow human being, and not for the off-colour humour with which they did it. Yet their case is presented as a fait accompli for the chilling of edgy humour. A poor precedent and one not supported by that instance.

AllanW's picture

It gets worse. Karen Jennings just said on the lunchtime BBC News in the context of a rant about Clarksons' remarks and the union taking legal advice;

" .. we would want to make sure that any public figure was being careful about what they were saying."

Frightening display of irrational and illiberal thinking. She can't be that stupid to have reached the position she is in so whatever could explain her remarks?

Drone3471D's picture

So it's okay to say I think that David Allen Green should get a bullet through his skull while his children watch? If you knew me you would know I say a lot of things like that about people like Green. A lot, so it's okay.

foowzkaa's picture

"So it's okay to say I think that David Allen Green should get a bullet through his skull while his children watch?"

What a horrifying thing to wish on me - children.

Otherwise, fine.

AllanW's picture

@Drone3471D

Perfect username BTW.

"So it's okay to say I think ..."

Yes. It's okay to think it, okay to say it. Still. But that freedom is being eroded by attempts to stifle expression.

Andy's picture

"The One Show is broadcast at a time when children are watching -- they could have been scared and upset by his aggressive statements."

The only logical conclusion is to broadcast the One Show at 2am on a Wednesday night on BBC 3, only available to subscribers who type in a pin number which can be purchased by applying in writing at least a year in advance.

Matt Flaherty's picture

Since someone mentioned the "Cheshire 2", who were banged up for four years on charges of incitement, please take note that these fools pleaded guilty to a crime with a strong burden to prove intent. Effectively they admitted that they intended to encourage violent disorder. Their appeal, which was solely on sentencing, was denied. They should not have pleaded guilty, but having done so they cannot now appeal the verdict. The young woman was charged with the same offence. She pleaded not guilty and the result was good.
http://www.yorkshireeveningpost.co.uk/news/latest-news/central-leeds/wak...

Having said that, the prosecutor's remarks are truly cringeworthy.

Latest tweets