What happens when you swear at the police, when you're not Andrew Mitchell

Whether or not the Chief Whip said “plebs” is irrelevant if he is allowed to evade the rule of law applicable to the ordinary people, says Rebecca Omonira-Oyekanmi.

One summer evening, back in August 2005, Andrew Michael Southard was arrested because he swore at a police officer.

Southard and his brother were out cycling when two officers stopped them one evening in central Portsmouth. As the officers searched his brother, Andrew took pictures of the incident on his mobile phone saying, “Don’t fucking touch me, you can’t touch him.” This and telling the officer to “fuck off” led to his immediate arrest.

Southard was charged, and later convicted in the magistrates court, of using “threatening, insulting and abusive behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby, contrary to section 5(1) and (6) of the Public Order Act 1986”.

Southard’s case is not unusual. Swearing at a police officer is the common cause for many young people (as young as 12 in the case of a pint-sized offender arrested and convicted under the Public Order Act because he called an officer "a wanker"), ending up embroiled in the criminal justice system.

For many of the young people continuously stopped and searched by police where I live in East London there is a thin line between a routine stop and a hearing at the mags with a criminal record looming over your future. Irritated because this is the second time you have been stopped today? Stopped at a tube station, angry because everyone is staring and thinking you're a criminal? Swear in frustration and they have you, a perfectly legitimate arrest under the Public Order Act.

The Sun newspaper reported today that Andrew Mitchell said to a police officer last week: “Best you learn your f***ing place. You don’t run this f***ing government. You’re f***ing plebs.” A kid in Hackney saying half as much to an officer last Wednesday would be in the magistrates court this morning fighting for bail.

So it is galling that Andrew Mitchell has not been arrested, charged, and made to put his defence to the courts, the way countless young people are obliged to every day.

And it is galling that the media and other politicians are chiding him only for being “discourteous” and “rude”.  Even worse, that left-leaning commentators and politicians are only aghast at the use of the word “pleb”. Those class warriors wringing their hands over Tory snobbery are just as out of touch. Whether or not he said “plebs” is irrelevant if he is allowed to evade the rule of law applicable to the ordinary people.

It is precisely such rampant hypocrisy that fuels the sense of disenfranchisement that contributed to the rioting last year. Then commentators compared looters to MPs fiddling expenses, an odd comparison as the situations are very different. But here, in a rare instance where the experience of a politician mirrors life lived by ordinary people, there is a real analogy to be made. Here we have a politician breaking the law in the same way teenagers do every day, swearing in frustration at a public official. Yet he is not being hauled to court to defend or explain his actions; instead it is trial by Twitter and Radio 4, at worst he may have to resign. Where is the justice in that.

Police outside the Downing Street gate. Photo: Getty Images

Rebecca Omonira-Oyekanmi reports and writes on immigration, women and economics, housing, legal aid, and mental health. Read her latest work here. Her blog rebeccaomonira.com was shortlisted for the 2012 Orwell Prize. She tweets @Rebecca_Omonira.

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The trouble with a second Brexit referendum

A new vote risks coming too soon for Remainers. But there is an alternative. 

In any given week, a senior political figure will call for a second Brexit referendum (the most recent being David Miliband). It's not hard to see why. EU withdrawal risks proving an act of political and economic self-harm and Leave's victory was narrow (52-48). Had Remain won by a similar margin, the Brexiteers would have immediately demanded a re-run. 

But the obstacles to another vote are significant. Though only 52 per cent backed Brexit, a far larger number (c. 65 per cent) believe the result should be respected. No major party currently supports a second referendum and time is short.

Even if Remainers succeed in securing a vote, it risks being lost. As Theresa May learned to her cost, electorates have a habit of punishing those who force them to polls. "It would simply be too risky," a senior Labour MP told me, citing one definition of insanity: doing the same thing and expecting a different result. Were a second referendum lost, any hope of blocking Brexit, or even softening it, would be ended. 

The vote, as some Remainers note, would also come at the wrong moment. By 2018/19, the UK will, at best, have finalised its divorce terms. A new trade agreement with the EU will take far longer to conclude. Thus, the Brexiteers would be free to paint a false picture of the UK's future relationship. "It would be another half-baked, ill-informed campaign," a Labour MP told me. 

For this reason, as I write in my column this week, an increasing number of Remainers are attracted to an alternative strategy. After a lengthy transition, they argue, voters should be offered a choice between a new EU trade deal and re-entry under Article 49 of the Lisbon Treaty. By the mid-2020s, Remainers calculate, the risks of Brexit will be clearer and the original referendum will be a distant memory. The proviso, they add, is that the EU would have to allow the UK re-entry on its existing membership terms (rather than ending its opt-outs from the euro and the border-free Schengen Area). 

Rather than publicly proposing this plan, MPs are wisely keeping their counsel. As they know, those who hope to overturn the Brexit result must first be seen to respect it. 

George Eaton is political editor of the New Statesman.