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Laurie Penny on how protest is being outlawed

The message from the Alfie Meadows case is clear: if you protest, the police can do what they like to you.

New York

Alfie Meadows still hasn't grown his hair back. When they rushed him into theatre for emergency brain surgery after his injury in a demonstration against the tripling of university fees, doctors shaved the 20-year-old's shoulder-length locks, the style that announces to the world "I am a philosophy student". Now the thatch is gone, exposing a hand-length scar across his skull, he looks much younger. Thin and shy with eyes that dart downwards, Meadows speaks rarely, and never about his legal case against the Metropolitan police officers who his lawyers claim nearly killed him. This week he goes on trial for violent disorder for his actions that day, a charge that could land him in jail.

The message being sent may as well have been printed on official police stationary and distributed outside the court: in protest situations, police are never in the wrong. Meadows is among the most high profile of dozens of protesters who have been tried for serious public order offences over the past eighteen months. As emergency measures against public assembly and popular protest are passed in time for the Olympics, any political direct action more energetic than standing silently with a few signs in designated areas is becoming functionally illegal in Britain.

The narrative of public dissent is being rewritten with astonishing speed. As police continue to crack heads with impunity, peaceful protesters are handed down harsh deterrent charges. Ten defendants in the Fortnum and Mason trial were recently given six-month suspended sentences for aggravated trespass, essentially for standing around in a grocery shop with some leaflets. I was there at the time, and the worst I saw was some slogans against corporate tax avoidance being carefully wrapped on printed ticker-tape around large stacks of Earl Grey tea. For those swept up in last year's riots, meanwhile, there hasn't been a crumb of mercy. As I write, teenagers are still in prison for creating Facebook events.

Whatever we think about how these young people behaved, we should have the decency to call them what they are: political prisoners. That this government has run out of ideas for enforcing austerity beyond frightening people into compliance may be of little comfort to those whose young lives and job prospects will be blighted by deterrent jail sentences.

As with music and angular haircuts, so with public order policing -- the Americans are at least a year behind us in keeping up with the latest trends. This week, during another brutal crackdown on Occupy Wall Street, skulls were stomped on, heads were cracked into windows and journalists were dragged or shoved away from the scene as anti-capitalist protesters attempted to peacefully reoccupy Zucotti Park, site of the original encampment that drew international attention last September.

From behind hastily-erected police barricades, I watched as a curly-haired girl in green appeared to begin having a seizure during her arrest, flopping about on the pavement with her hands cuffed and passing out more than once before police eventually allowed an ambulance behind the lines. As she was stretchered away, protesters standing near me speculated that the NYPD would have to put the girl -- later identified as 23-year-old Cecily McMillan -- on a felony charge to "get out of this one".

Sure enough, McMillan was released into custody the next day and charged with assaulting a police officer, a crime that could see her serving over a year in prison. I thought of Alfie Meadows, whose trial in London will send the same message to anyone thinking of joining the cultural backlash against austerity and kamikaze capitalism. If you protest, the police can do what they like to you. Any sort of public dissent can and will be met with force. You chose to protest, so you asked for it. Next time, make it easy on yourself -- sit down, shut up and stay at home.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

This article first appeared in the 26 March 2012 issue of the New Statesman, Mission impossible

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What is the EU customs union and will Brexit make us leave?

International trade secretary Liam Fox's job makes more sense if we leave the customs union. 

Brexiteers and Remoaners alike have spent the winter months talking of leaving the "customs union", and how this should be weighed up against the benefits of controlling immigration. But what does it actually mean, and how is it different from the EU single market?

Imagine a medieval town, with a busy marketplace where traders are buying and selling wares. Now imagine that the town is also protected by a city wall, with guards ready to slap charges on any outside traders who want to come in. That's how the customs union works.  

In essence, a customs union is an agreement between countries not to impose tariffs on imports from within the club, and at the same time impose common tariffs on goods coming in from outsiders. In other words, the countries decide to trade collectively with each other, and bargain collectively with everyone else. 

The EU isn't the only customs union, or even the first in Europe. In the 19th century, German-speaking states organised the Zollverein, or German Customs Union, which in turn paved the way for the unification of Germany. Other customs unions today include the Eurasian Economic Union of central Asian states and Russia. The EU also has a customs union with Turkey.

What is special about the EU customs union is the level of co-operation, with member states sharing commercial policies, and the size. So how would leaving it affect the UK post-Brexit?

The EU customs union in practice

The EU, acting on behalf of the UK and other member states, has negotiated trade deals with countries around the world which take years to complete. The EU is still mired in talks to try to pull off the controversial Transatlantic Trade and Investment Partnership (TTIP) with the US, and a similar EU-Japan trade deal. These two deals alone would cover a third of all EU trade.

The point of these deals is to make it easier for the EU's exporters to sell abroad, keep imports relatively cheap and at the same time protect the member states' own businesses and consumers as much as possible. 

The rules of the customs union require member states to let the EU negotiate on their behalf, rather than trying to cut their own deals. In theory, if the UK walks away from the customs union, we walk away from all these trade deals, but we also get a chance to strike our own. 

What are the UK's options?

The UK could perhaps come to an agreement with the EU where it continues to remain inside the customs union. But some analysts believe that door has already shut. 

One of Theresa May’s first acts as Prime Minister was to appoint Liam Fox, the Brexiteer, as the secretary of state for international trade. Why would she appoint him, so the logic goes, if there were no international trade deals to talk about? And Fox can only do this if the UK is outside the customs union. 

(Conversely, former Lib Dem leader Nick Clegg argues May will realise the customs union is too valuable and Fox will be gone within two years).

Fox has himself said the UK should leave the customs union but later seemed to backtrack, saying it is "important to have continuity in trade".

If the UK does leave the customs union, it will have the freedom to negotiate, but will it fare better or worse than the EU bloc?

On the one hand, the UK, as a single voice, can make speedy decisions, whereas the EU has a lengthy consultative process (the Belgian region of Wallonia recently blocked the entire EU-Canada trade deal). Incoming US President Donald Trump has already said he will try to come to a deal quickly

On the other, the UK economy is far smaller, and trade negotiators may discover they have far less leverage acting alone. 

Unintended consequences

There is also the question of the UK’s membership of the World Trade Organisation, which is currently governed by its membership of the customs union. According to the Institute for Government: “Many countries will want to be clear about the UK’s membership of the WTO before they open negotiations.”

And then there is the question of policing trade outside of the customs union. For example, if it was significantly cheaper to import goods from China into Ireland, a customs union member, than Northern Ireland, a smuggling network might emerge.

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.