An Open Letter to the St Paul’s Protesters

What is the significance so far of "Occupy LSX"?

Dear protesters,

I will be sorry to see you go. I work in the City of London, and I have walked past your tents most days since you camped in the churchyard of St Paul's Cathedral. Anyone who knows the area around the Cathedral will appreciate that you have not been any genuine obstruction. Indeed, one almost has to go out of one's way to be obstructed by you. No one walking from, say, Ludgate Hill, or St Paul's Tube, or from the Millennium Bridge is impeded. Your stay has made no real difference to the coming and goings of the City workers in that part of the City.

But you are now to be evicted. Your removal is inevitable, unless there is some unexpected intervention. The immediate environs of the Cathedral will return to their boring relative emptiness. The Cathedral itself will revert to its role as offering a peaceful and reflective place for tourists to be financially exploited for visiting what is sometimes a place of worship. The Dean and Chapter can again maximise their revenues without any worry of the protesters outside.

The bailiffs and the police may now come at any time, probably within the next few days. The City Of London's press officer refused to tell me exactly when. Will it be later today, I asked, but he said he would not speculate. So have the bailiffs already been, I then asked mischievously, and he still would not speculate. All one knows is that you have to remove your camp in a reasonable amount of time.

If the City is going to be sensible in the eviction operation, it should evict you during daylight. That makes it safer for everyone. And they should do it when there are few commuters, office workers, and tourists about; again, to minimise risk to third parties. For these reasons, I suspect eviction will probably be at the weekend. And coming in at dawn will perhaps mean few will be prepared to argue back or obstruct: sleepy-heads are relatively easy to evict.

On the other hand, the City may like the drama of a night-time eviction, or the media coverage of a week-day eviction, regardless of the safety of those who may be caught up. However, no one really knows.

Should you resist? Well, it is a decision for each of you. There is no genuine prospect of you defeating the coercive force which may be used against you. Your resistance, as they say, would be futile. And it would be a pity if there was any confrontation; the "Occupy" movement is about engagement, not violence. Marching off together at an time of your own choosing, with a brass band or something similar, would be a more fitting conclusion to your stay in the churchyard. And this is because you do have something to celebrate.

I understand you did not intend to camp outside the Cathedral. The target of the occupation was originally elsewhere in the City. But by choosing the Cathedral as a second or third resort, you unintentionally created a remarkable circumstance. Within days most of the cathedral clergy were shown up as buffoons, closing this great building on dramatic but spurious health and safety grounds before sheepishly re-opening. The undemocratic and opaque Corporation were forced to a decision to evict you in a bizarre closed session, demonstrating their contempt for transparency. Just by staying put you shoved those in power into uncomfortable and telling predicaments. It was refreshing to see how things were thrown into the air.

And you have been decent and polite throughout your stay. The camp has applied health and safety measures which show a genuine care for yourselves and those who could be affected by you. There has been sincere and often constructive engagement on various issues with bankers, lawyers and other City workers. You have been a standing reminder that the force of capitalism may not be what its champions say it is. In my opinion, you have been a useful if colourful corrective to the arrogance and financial vandalism of many who work in the Square Mile.

Nonetheless, you failed to convince the High Court and the Court of Appeal that your camp should stay in breach of the laws of the highway and of planning. That was unfortunate, as it was possibly open to the judges to say that a significant and influential protest like yours was just the sort of thing that Article 10 of the ECHR is there to protect against the indifferent enforcement of statute law. However, your arguments were presented and heard, even the contentions that smacked of complete legal woo-woo ("heirs of Magna Carta") were considered. But you lost. Of course, you may wish now to be civilly disobedient and take on the bailiffs. As long as you realise the consequences, it is a course you may like to take; but remember the Rule of Law is precarious and a valuable public good, for without it the powerful can abuse the power which they have, and you do not.

So the camp will soon disappear, but the ideals of "Occupy" will perhaps linger in the City of London. You have shown that anti-capitalistic and other progressive protests do not have to be one-day wonders with violent disorder and breathless commentary, but that they can be patient and respectful even in the face of those which you say are destroying our society and our planet. For a short while, you were even the "Shock of the New", causing some well-paid managers to make the first difficult decisions of their careers.

Your immediate shock value has now gone. It would be nice if you could stay a while longer as a reminder that capitalism gets things badly wrong. But the great achievement of "Occupy LSX" was never the physical camp. It was the realisation that those in power can be wrong-footed, and that their bullshit can be exposed, by those who are serious and thoughtful about promoting a better world. This can be done anywhere, and not just in a churchyard of a Cathedral.

David Allen Green is a City lawyer as well as 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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Let's seize our chance of a progressive alliance in Richmond - or we'll all be losers

Labour MPs have been brave to talk about standing aside. 

Earlier this week something quite remarkable happened. Three Labour MPs, from across the party’s political spectrum, came together to urge their party to consider not fielding a candidate in the Richmond Park by-election. In the face of a powerful central party machine, it was extremely brave of them to do what was, until very recently, almost unthinkable: suggest that people vote for a party that wasn’t their own.
Just after the piece from Lisa Nandy, Clive Lewis and Jonathan Reynolds was published, I headed down to the Richmond Park constituency to meet local Green members. It felt like a big moment – an opportunity to be part of something truly ground-breaking – and we had a healthy discussion about the options on the table. Rightly, the decision about whether to stand in elections is always down to local parties, and ultimately the sense from the local members present was that it would be difficult  not to field a candidate unless Labour did the same. Sadly, even as we spoke, the Labour party hierarchy was busily pouring cold water on the idea of working together to beat the Conservatives. The old politics dies hard - and it will not die unless and until all parties are prepared to balance local priorities with the bigger picture.
A pact of any kind would not simply be about some parties standing down or aside. It would be about us all, collectively, standing together and stepping forward in a united bid to be better than what is currently on offer. And it would be a chance to show that building trust now, not just banking it for the future, can cement a better deal for local residents. There could be reciprocal commitments for local elections, for example, creating further opportunities for progressive voices to come to the fore.
While we’ve been debating the merits of this progressive pact in public, the Conservatives and Ukip have, quietly, formed an alliance of their own around Zac Goldsmith. In this regressive alliance, the right is rallying around a candidate who voted to pull Britain out of Europe against the wishes of his constituency, a man who shocked many by running a divisive and nasty campaign to be mayor of London. There’s a sad irony in the fact it’s the voices of division that are proving so effective at advancing their shared goals, while proponents of co-operation cannot get off the starting line.
Leadership is as much about listening as anything else. What I heard on Wednesday was a local party that is passionate about talking to people and sharing what the Greens have to offer. They are proud members of our party for a reason – because they know we stand for something unique, and they have high hopes of winning local elections in the area.  No doubt the leaders of the other progressive parties are hearing the same.
Forming a progressive alliance would be the start of something big. At the core of any such agreement must be a commitment to electoral reform - and breaking open politics for good. No longer could parties choose to listen only to a handful of swing voters in key constituencies, to the exclusion of everyone else. Not many people enjoy talking about the voting system – for most, it’s boring – but as people increasingly clamour for more power in their hands, this could really have been a moment to seize.
Time is running out to select a genuine "unity" candidate through an open primary process. I admit that the most likely alternative - uniting behind a Liberal Democrat candidate in Richmond Park - doesn’t sit easily with me, especially after their role in the vindictive Coalition government.  But politics is about making difficult choices at the right moment, and this is one I wanted to actively explore, because the situation we’re in is just so dire. There is a difference between the Conservatives and the Lib Dems. Failing to realise that plays into the hands of Theresa May more than anyone else.
And, to be frank, I'm deeply worried. Just look at one very specific, very local issue and you’ll perhaps understand where I'm coming from. It’s the state of the NHS in Brighton and Hove – it’s a system that’s been so cut up by marketisation and so woefully underfunded that it’s at breaking point. Our hospital is in special measures, six GP surgeries have shut down and private firms have been operating ambulances without a license. Just imagine what that health service will look like in ten years, with a Conservative party still in charge after beating a divided left at another general election.
And then there is Brexit. We’re hurtling down a very dangerous road – which could see us out of the EU, with closed borders and an economy in tatters. It’s my belief that a vote for a non-Brexiteer in Richmond Park would be a hammer blow to Conservatives at a time when they’re trying to remould the country in their own image after a narrow win for the Leave side in the referendum.
The Green party will fight a passionate and organised campaign in Richmond Park – I was blown away by the commitment of members, and I know they’ll be hitting the ground running this weekend. On the ballot on 1 December there will only be one party saying no to new runways, rejecting nuclear weapons and nuclear power and proposing a radical overhaul of our politics and democracy. I’ll go to the constituency to campaign because we are a fundamentally unique party – saying things that others refuse to say – but I won’t pretend that I don’t wish we could have done things differently.

I believe that moments like this don’t come along very often – but they require the will of all parties involved to realise their potential. Ultimately, until other leaders of progressive parties face the electoral facts, we are all losers, no matter who wins in Richmond Park.


Caroline Lucas is the MP for Brighton Pavilion.