Could you be arrested for putting an atheist poster in your window?

Robust debate is a freedom to be celebrated, not feared.

"Religions are fairy stories for adults" is scarcely the most incendiary slogan ever devised. It might be a question on an old-style A-level paper ("discuss"). A pensioner from Boston in Lincolnshire was, however, advised by the police that he risked falling foul of the Public Order Act 1986 if he put the message in his window. He might even face arrest. Well, sort of.

John Richards' "defiant" stand – the word comes from the original report in the Boston Standard – has attracted the support of, among others, the National Secular Society. Their president Terry Sanderson described the police reaction as "completely over the top", adding that "people have got to learn to get a thicker skin." Pavan Dhaliwal of the British Humanist Association commented that the case "shows how subjective the law is, and how it has the real potential to stifle free speech."

Also supportive is Simon Calvert of the Christian Institute, the pressure group responsible for highlighting several free speech cases involving Christians. Calvert proclaimed that "It is no business of the criminal law to impinge on such moderate expressions of belief... What possible justification could there be for officers to tell a man he cannot insult religion with a tiny poster in his own window?"

It's important to be clear about what actually happened in this case. First of all, Richards' poster has not, as yet, attracted any complaints. When I spoke to him he told me that the only reaction he had received came in the form of an anonymous letter which supported both the message and his right to display it. Nor were Lincolnshire police acting on their own initiative in warning him of the possible consequences were complaints to be made. They only discovered the existence of the sign because he wrote to them, informing them of his intention and enquiring if it might constitute a criminal offence. In setting out the circumstances in which it might they were, he thinks, "just covering themselves".

Richards, a retired journalist who is also chairman of the Apostrophe Protection Society, denies that the story is a publicity stunt. He contacted the police, he says, because he was worried about the legal position and wanted to protect himself. Nor did the police response cause him to take the sign down – or, indeed, to do anything except contact the Boston Standard. Nevertheless, however trivial, the story does highlight a genuine issue.

Section 5(b) of the Public Order Act 1986 makes it an offence to "display any writing... which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby". The section is notoriously subjective – previous instances in which police have used it as a reason to intervene (and occasionally to bring charges) have involved Christian preachers inveighing against homosexuality, members of Outrage! protesting against the persecution of gay people by Islamic governments, a teenager holding up a sign describing Scientology as "a dangerous cult" and a student who described a police horse as "gay".

Peter Tatchell has argued that it is "sweeping, draconian and has a chilling effect", especially as there is no requirement to prove intent to cause harassment or distress. He is one of many people currently urging that Section 5 be repealed or at least modified by removing the word "insulting". The campaign is spearheaded by an alliance of convenience between the Christian Institute and the National Secular Society, who said in a joint statement earlier this year: 

With such a low threshold, it is too easy for police – and thin-skinned activists – to fall back on when there is controversy and one side claims to feel offended. At the same time there are plenty of other, more targeted, offences available to tackle genuine cases like harassment, incitement and breach of the peace.

"Breach of the peace", however, is at least as much a catch-all as the word "insulting" in the Public Order Act. The real problem may be one of attitude rather than the precise wording of legislation: the existence of an official mindset that sees robust debate as potentially threatening to the tranquility of the public space, as a threat to be managed rather than as a freedom to be celebrated.

The other issue is that of the chilling effect, something that is only increased by the publicity given to unusual or exaggerated cases like that of John Richards.

A poster in your window could cause you serious trouble. Photograph: Getty Images
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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.