A knock on Betjeman’s door

Why the CPS prosecution of Paul Chambers matters.

Why the CPS prosecution of Paul Chambers matters.

Imagine Sir John Betjeman was still with us and, like that other national treasure, Stephen Fry, had become a fan of Twitter.

Imagine him now sitting down and cheerfully beginning to tweet to his devoted followers a much-loved poem.

"Come, friendly bombs, and fall on Slough!" he starts.

Now imagine some security officer at Slough Council doing internet searches.

He or she comes across this tweet.

The tweet is immediately passed to Special Branch; and Special Branch decides to send a squad of dedicated and trained anti-terrorist officers to Betjeman's undoubtedly idyllic, semi-rural home.

There is a knock on the door.

The squad of anti-terrorost police then arrests Betjeman and, in front of bemused family and neighbours, marches him to the waiting police cars.

It gets worse for our former poet laureate. For, although the anti-terrorist police do not see the tweet about Slough as a credible threat, it is referred to the Crown Prosecution Service.

The CPS quickly realises that Betjeman cannot be prosecuted under anti-terrorist legislation or the specific bomb hoax offence; but it decides to prosecute him anyway, using an obscure provison in telecommuinications law -- Section 127 of the Communications Act 2003 -- which hitherto has only been used for offensive telephone calls and messages.

After all, the prosecutors' reasoning goes, a message sent over the internet is also a message sent over a public telecommunications system.

The CPS turns up to court and tells the judge and the defence -- wrongly -- that intention is irrelevant to this offence. Betjeman is reluctantly advised to plead guilty.

The defendant is asked by the judge to stand, and he hangs his head in shame as the sentence is read out.

Sir John Betjeman now has a criminal record, and just because he tweeted: "Come, friendly bombs, and fall on Slough!"

Absurd? Well, this is the logic of the CPS position in the Paul Chambers case, whose conviction under Section 127 is being heard by Doncaster Crown Court on Friday.

Paul's tweet, sent as a joking statement of exasperation to his followers after realising he would not get to stay with a new girlfriend, was:

"Crap! Robin Hood airport is closed. You've got a week and a bit to get your shit together, otherwise I'm blowing the airport sky high!!"

Perhaps not as elegant as Betjeman's first line, but it does share the following features: a specific target (Robin Hood Airport/Slough), an exclamation mark, and the prospect of a bombing exercise.

As a matter of legal analysis, the CPS position on someone who tweeted Betjeman's line cannot be distinguished from Chambers's ill-conceived comment. Under Section 127, both would be "menacing communications".

And so would any "menacing" comment sent by anyone by email, or put on a blog, or loaded on to YouTube; indeed, any content sent over the internet whatsoever.

So, this Friday, it is not only Paul Chambers in the dock: it is also the ghost of John Betjeman.

And it is all of us who have ever sent content over the internet that some person at the CPS could somehow deem "menacing" and so commence the horrifying and inescapable bureaucratic procedures that lead to the imposition of a criminal record, simply for making a light-hearted comment.

This cannot be right.

So, if you are on Twitter at 10am on Friday, why not tweet: "Come, friendly bombs, and fall on Slough!" in support of Paul (hashtag #TwitterJokeTrial) as his appeal begins?

If we are all now to be done over by anti-terrorist officers and the CPS for comments of such a nature, we may as well go down quoting Betjeman.

David Allen Green blogs on policy and legal matters for the New Statesman and was shortlisted for the George Orwell Prize in 2010. He is also head of media at the City law firm Preiskel & Co, which is assisting Paul Chambers and his criminal lawyers pro bono in this appeal.

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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The clever ideological trick that could save the Labour party

The Co-operative party could suddenly get a lot more popular. 

It’s do or die for the party’s moderate MPs, who have lost the fight for the soul of Labour and must quickly move on. 

The 172 Labour MPs who backed a no-confidence vote in Jeremy Corbyn earlier this year may not like their newly elected party leader much, but they loathe John McDonnell. 

So it is little surprise that one of them, John Woodcock, reportedly looked “sick to the stomach” when the Shadow Chancellor tenderly invited him for a cuppa in his office following the leadership election result at conference. Reading the tea leaves tells me those talks aren’t going to go well.  

Yet moderate MPs would do well to revisit McDonnell’s off-the-cuff comments from a few years back: “I’m not in the Labour party because I’m a believer of the Labour party as some supreme body or something God-given or anything like that,” he told a small audience in 2012. “It’s a tactic. It’s as simple as that. If it’s no longer a useful vehicle, move on.” 

Two feather-spitting former frontbenchers called for McDonnell’s resignation when these comments emerged in March, saying they revealed his Trotskyist tendencies. "The context (a hard-left gathering) and the company (which included Gerry Downing, expelled from Labour for his comments on 9/11) didn’t make for great publicity, no," a Leader’s Office staffer privately confesses. 

But McDonnell is right: There is nothing necessary, natural or divinely ordained about Labour’s existence lest it can get things done. Which is why the parliamentary Labour party cannot botch its next attempt at power. 

In the wake of Corbyn’s re-election, Labour MPs face a fork-in-the-road: fight this civil war until its bitter end - play the long game, wait until Labour loses the next general election and challenge Corbyn again - or start afresh. 

It is a bleak, binary choice, akin to a doctor delivering test results and declaring the illness is terminal as feared: the patient can go down fighting and die a slow death, notwithstanding a medical miracle, or instead take part in a pioneering new drug trial. This carries the risk of dying immediately but promises the possibility of life as well. Both options are fraught with danger.

The problem with the first option is that moderates have all but lost the party already. A poll reveals Corbyn won 85 per cent - 15 per cent among members who joined after he became party leader and lost 37 per cent - 63 per cent among those who were members of the party before the last general election. The result: victory by 119,000 votes. 

Corbyn has already announced he wants to give these foot soldiers far greater firepower and told Andrew Marr he had asked the NEC to draft plans for increasing the membership and including it in “all aspects of party decision making”. Labour is transitioning apace into a social movement: free of formal hierarchy and ambivalent about parliamentary power. 

So why wait until 2020? There is every chance that MPs won’t any longer have the power to challenge to Corbyn within four years’ time. If Momentum has its way with reselection and shadow cabinet elections, leading rebels may not be around to begin with. 

Even if MPs mount another leadership challenge, few believe organisations like Saving Labour or Labour First could put together a sizeable enough electorate to outgun Corbyn at the ballot box. He would be voted back in by a landslide. 

The alternative is for MPs to create a new centre-left force. The main plan under consideration is to join the Cooperative party, Labour’s sister party, and sit as a bloc of “double hatted” MPs, with their own policy agenda on Brexit and the economy. This new bloc would apply to the Speaker to become the official opposition. 

Plenty of MPs and members recoil at the idea of a semi-split like this because of the mixed message it would send to voters on the doorstep. "So you don’t have faith in Corbyn, but you’re a Co-op MP campaigning on behalf of his Labour?" Many believe a full-split would be worse. They fear being pitted against Corbyn-backed Labour candidates in local constituencies and splitting the left vote, opening the door to Ukip or the Conservatives in marginal seats. 

But if moderate MPs mean what they say when they warn of total electoral wipeout in 2020, risking a new centre-left grouping is intuitively worth it.  What do they have to lose? And how many more times can Labour’s moderates cry wolf - Labour "risks extinction", Sadiq Khan said yesterday - until voters call their bluff and tell them to quit complaining and fall in line behind their leader? 

While Corbyn’s polling remains disastrous, a Co-op/Labour party would boast a mandate of 9.3m people, a policy agenda in line with Britain’s political centre of gravity and a chance of becoming the official opposition: a risk worth taking in the face of electoral oblivion. 

A handful of battle-bruised MPs are talking about coming together. "Time to unite," a deflated Hilary Benn tweeted this weekend. There is a precedent for this: first past the post means the party has always been composed of uneasy coalitions of different groups - take the trade unionists, liberal cosmopolites and ethnic minorities of the New Labour years - and it is arguably no different now.  

Yet this is not about a coalition of diverse interests. It is about two parties within a party, each of which believes Labour is their rightful inheritance. Of the two, moderates are least likely to gain anything by engaging in an all out war. It is time they took a leaf out of McDonnell’s book and accepted it is time, regrettably, "to move on". 

Gabriel Pogrund is a journalist at The Sunday Times and a Google News Fellow 2016.