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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What's to be done about racial inequality?

David Cameron's words on equal opportunities are to be welcomed - now for some action, says Sunder Katwala.

David Cameron made the strongest, clearest and most high profile statement about ethnic inequalities and the need to tackle discrimination ever yet offered by a British Prime Minister in his leader’s speech to the Conservative Party conference in Manchester.
“Picture this. You’ve graduated with a good degree. You send out your CV far and wide. But you get rejection after rejection. What’s wrong? It’s not the qualifications or the previous experience. It’s just two words at the top: first name, surname. Do you know that in our country today: even if they have exactly the same qualifications, people with white-sounding names are nearly twice as likely to get call backs for jobs than people with ethnic-sounding names? … That, in 21st century Britain, is disgraceful. We can talk all we want about opportunity, but it’s meaningless unless people are really judged equally”, said Cameron.
While the proof of the pudding will be in the eating, this was a powerfully argued Prime Ministerial intervention – and a particularly well-timed one, for three reasons.

Firstly, the Prime Minister was able to root his case in an all-but-universally accepted appeal for equal opportunities. It will always prove more difficult in practice to put political energy and resources behind efforts to remedy discrimination against a minority of the population unless a convincing fairness case is made that values cherished across our whole society are at stake. Cameron’s argument, that any party which tells itself that it is the party of the ‘fair chance’ and ‘the equal shot’ must have a response when there is such clear evidence of discrimination, should prove persuasive to a Conservative Party that has not seen race inequalities as its natural territory. Cameron argued that the same principles should animate responses to discrimination when it comes to race, gender and social class. Put like that, wanting job interviews to be fair – by eradicating conscious and unconscious patterns of bias wherever possible – would strike most Britons as offering as clear a case of the values of fair play as wanting the best baker to win the Great British Bake-Off on television.
Secondly, Cameron’s intervention comes at a potential "tipping point" moment for fair opportunities across ethnic groups. Traditionally, ethnic discrimination has been discussed primarily through the lens of its impact on the most marginalised. Certainly, persistent gaps in the criminal justice system, mental health provision and unemployment rates remain stark for some minority groups. What has been less noticed is the emergence of a much more complex pattern of opportunity and disadvantage – not least as a consequence of significant ethnic minority progress.

Most strikingly of all, in educational outcomes, historic attainment gaps between ethnic minorities and their white British peers have disappeared over the last decade. In the aggregate, ethnic minorities get better GCSE results on average. Ethnic minority Britons are more likely, not less likely, to be university graduates than their fellow citizens. 

As a result of that progress, Cameron’s intervention comes at a moment of significant potential – but significant risk too. Britain’s ethnic minorities are the youngest and fastest-growing sections of British society. If that educational progress translates into economic success, it will make a significant contribution to the "Great British Take-Off" that the Prime Minister envisions. But if that does not happen, with educational convergence combined with current ‘ethnic penalties’ in employment and income persisting, then that potential could well curdle into frustration that the British promise of equal opportunities is not being kept.  Cameron also mirrored his own language in committing himself to both a ‘fight against extremism’ and a ‘fight against discrimination’: while those are distinct challenges and causes, actively pursuing both tracks simultaneously has the potential, at least, depolarise some debates about responses to extremism  - and so to help deepen the broad social coalitions we need for a more cohesive society too.

Thirdly, Cameron’s challenge could mark an important deepening in the political competition between the major parties on race issues. Many have been struck by the increase in political attention on the centre-right to race issues over the last five to ten years. The focus has been on the politics of representation. By increasing the number of non-white Conservative MPs from two to seventeen since 2005, Cameron has sent a powerful signal that Labour’s traditional claim to be ‘the party of ethnic minorities’ would now be contested. Cameron was again able to celebrate in Manchester several ways in which his Cabinet and Parliamentary benches demonstrate many successful journeys of migrant and minority integration in British society. That might perhaps help to ease the fears, about integration being impossible in an era of higher immigration, which the Home Secretary had articulated the previous day.

So symbolism can matter. But facial diversity is not enough. The politics of ethnic minority opportunity needs to be about more than visits to gurdwaras, diversity nights at the party conference fringes and unveiling statues of Mahatma Gandhi in Parliament Square. Jeremy Corbyn’s first speech as Labour leader did include one brief celebratory reference to Britain’s ethnic diversity – “as I travelled the country during the leadership campaign it was wonderful to see the diversity of all the people in our country” – and to Labour bringing in more black, Asian and ethnic minority members - but it did not include any substantial content on discrimination. Tim Farron acknowledged during his leadership campaign that the Liberal Democrats have struggled to get to the starting-line on race and diversity at all. The opposition parties too will no doubt now be challenged to match not just the Prime Minister’s rhetorical commitment to challenging inequalities but also to propose how it could be done in practice.

Non-white Britons expect substance, not just symbolism from all of the parties on race inequalites.  Survation’s large survey of ethnic minority voters for British Future showed the Conservatives winning more ethnic minority support than ever before – but just 29 per cent of non-white respondents were confident that the Conservatives are committed to treating people of every ethnic background equally, while 54 per cent said this of Labour. Respondents were twice as likely to say that the Conservatives needto do more to reach out – and the Prime Minister would seem to be committed to showing that he has got that message.  Moreover, there is evidence that ethnic inclusion could be important in broadening a party’s appeal to other younger, urban and more liberal white voters too – which is why it made sense for this issue to form part of a broader attempt by David Cameron to colonise the broad centre of British politics in his Manchester speech.

But the case for caution is that there has been limited policy attention to ethnic inequalities under the last two governments. Restaurateur Iqbal Wahhab decided to give up his role chairing an ethnic minority taskforce for successive governments, unconvinced there was a political commitment to do much more than convene a talking shop. Lib Dem equalities minister Lynne Featherstone did push the CV discrimination issue – but many Conservatives were sceptical. Cameron’s new commitment may face similar challenges from those whose instinct is to worry that more attention to discrimination or bias in the jobs market will mean more red tape for business.

Labour had a separate race inequalities manifesto in 2015, outside of its main election manifesto, while the Conservative manifesto did not contain significant commitments to racial inequality. The mid-campaign launch in Croydon of a series of race equality pledges showed an increasing awareness of the growing importance of ethnic minority votes - though the fact that they all involved aiming for increases of 20 per cent by 2020 gave them a slightly back-of-the-envelope feel. 

Prime Ministerial commitments have an important agenda-setting function. A generation ago the Stephen Lawrence case opened the eyes of middle England to racist violence and police failures, particularly through the Daily Mail’s persistent challenging of those injustices. A Conservative Prime Minister’s words could similarly make a big difference in the mainstreaming of the issue of inequalities of opportunity. What action should follow words? Between now and next year’s party conference season, that must will now be the test for this Conservative government – and for their political opponents too. 

Sunder Katwala is director of British Future and former general secretary of the Fabian Society.