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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Lord Empey: Northern Ireland likely to be without government for a year

The former UUP leader says Gerry Adams is now in "complete control" of Sinn Fein and no longer wants to be "trapped" by the Good Friday Agreement

The death of Martin McGuinness has made a devolution settlement in Northern Ireland even more unlikely and has left Gerry Adams in "complete control" of Sinn Fein, the former Ulster Unionist leader Reg Empey has said.

In a wide-ranging interview with the New Statesman on the day of McGuinness’ death, the UUP peer claimed his absence would leave a vacuum that would allow Adams, the Sinn Fein president, to consolidate his hold over the party and dictate the trajectory of the crucial negotiations to come. Sinn Fein have since pulled out of power-sharing talks, leaving Northern Ireland facing the prospect of direct rule from Westminster or a third election in the space of a year. 

Empey, who led the UUP between and 2005 and 2010 and was briefly acting first minister in 2001, went on to suggest that, “as things stand”, Northern Ireland is unlikely to see a return to fully devolved government before the inquiry into the Renewable Heat Incentive scheme is complete -  a process which could take up to a year to complete.

“Adams is now in complete control of Sinn Fein,” he said, adding that it remained unclear whether McGuinness’ successor Michelle O’Neill would be “allowed to plough an independent furrow”. “He has no equal within the organisation. He is in total command of Sinn Fein, and that is the way it is. I think he’s even more powerful today than he was before Martin died – by virtue of there just being nobody there.”

Asked what impact the passing of McGuinness, the former deputy first minister and leader of Sinn Fein in the north, would have on the chances of a devolution settlement, Empey, a member of the UUP’s Good Friday Agreement negotiating delegation, said: “I don’t think it’ll be positive – because, for all his faults, Martin was committed to making the institutions work. I don’t think Gerry Adams is as committed.

Empey added that he believed Adams did not want to work within the constitutional framework of the Good Friday Agreement. In a rebuke to nationalist claims that neither Northern Ireland secretary James Brokenshire nor Theresa May can act as honest or neutral brokers in power-sharing negotiations given their reliance on the DUP’s eight MPs, he said: “They’re not neutral. And they’re not supposed to be neutral.

“I don’t expect a prime minister or a secretary of state to be neutral. Brokenshire isn’t sitting wearing a hat with ostrich feathers – he’s not a governor, he’s a party politician who believes in the union. The language Sinn Fein uses makes it sound like they’re running a UN mandate... Gerry can go and shout at the British government all he likes. He doesn’t want to be trapped in the constitutional framework of the Belfast Agreement. He wants to move the debate outside those parameters, and he sees Brexit as a chance to mobilise opinion in the republic, and to be seen standing up for Irish interests.”

Empey went on to suggest that Adams, who he suggested exerted a “disruptive” influence on power-sharing talks, “might very well say” Sinn Fein were “’[taking a hard line] for Martin’s memory’” and added that he had been “hypocritical” in his approach.

“He’ll use all of that,” he said. “Republicans have always used people’s deaths to move the cause forward. The hunger strikers are the obvious example. They were effectively sacrificed to build up the base and energise people. But he still has to come to terms with the rest of us.”

Empey’s frank assessment of Sinn Fein’s likely approach to negotiations will cast yet more doubt on the prospect that devolved government might be salvaged before Monday’s deadline. Though he admitted Adams had demanded nothing unionists “should die in a ditch for”, he suggested neither party was likely to cede ground. “If Sinn Fein were to back down they would get hammered,” he said. “If Foster backs down the DUP would get hammered. So I think we’ve got ourselves a catch 22: they’ve both painted themselves into their respective corners.”

In addition, Empey accused DUP leader Arlene Foster of squandering the “dream scenario” unionist parties won at last year’s assembly election with a “disastrous” campaign, but added he did not believe she would resign despite repeated Sinn Fein demands for her to do so.

 “It’s very difficult to see how she’s turned that from being at the top of Mount Everest to being under five miles of water – because that’s where she is,” he said. “She no longer controls the institutions. Martin McGuinness effectively wrote her resignation letter for her. And it’s very difficult to see a way forward. The idea that she could stand down as first minister candidate and stay on as party leader is one option. But she could’ve done that for a few weeks before Christmas and we wouldn’t be here! She’s basically taken unionism from the top to the bottom – in less than a year”.

Though Foster has expressed regret over the tone of the DUP’s much-criticised election campaign and has been widely praised for her decision to attend Martin McGuinness’ funeral yesterday, she remains unlikely to step down, despite coded invitations for her to do so from several members of her own party.

The historically poor result for unionism she oversaw has led to calls from leading loyalists for the DUP and UUP – who lost 10 and eight seats respectively – to pursue a merger or electoral alliance, which Empey dismissed outright.

“The idea that you can weld all unionists together into a solid mass under a single leadership – I would struggle to see how that would actually work in practice. Can you cooperate at a certain level? I don’t doubt that that’s possible, especially with seats here. Trying to amalgamate everybody? I remain to be convinced that that should be the case.”

Accusing the DUP of having “led unionism into a valley”, and of “lashing out”, he added: “They’ll never absorb all of our votes. They can try as hard as they like, but they’d end up with fewer than they have now.”

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.