Barrister to Chris Grayling: "Come and do work experience"

Fearing his lack of experience with publicly-funded criminal cases, Sarah Forshaw QC wants to offer the justice secretary a "Mini Pupillage" to show him why justice is being compromised, and not all barristers are "fat cats".

It’s rather unnerving that our justice secretary, Chris Grayling, has absolutely zero legal experience, having worked in TV production and management consultancy before turning to politics. But help is at hand: one of the UK’s top criminal barristers, Sarah Forshaw QC, told me she’s happy to invite him to her chambers to complete a work experience placement known, in the language of the Bar, as a Mini Pupillage.

"As I understand it", says Forshaw, whose eloquence is conspicuous even among barristers, "Mr Grayling has been to Southwark Crown Court on one occasion, but he didn’t actually enter the court. I don’t believe he’s ever seen a publicly funded criminal trial."

Grayling is welcome, says Forshaw, to start his legal education at the chambers she jointly heads, 5 King’s Bench Walk: "I’d dearly like to extend him an invitation to come with any junior member of my chambers, to go along to court with them and see what they do. And he can see the fee they earn at the end of it."

Given that he is currently proposing to make cuts and reshuffles to the Bar that many fear will lead to miscarriages of justice, Grayling could surely do with a greater understanding of what barristers actually do. A Mini Pupillage would be a good place to start.

Grayling is fond of portraying all barristers as high earning "fat cats" bloated on public money – but is this actually a function of his lack of knowledge of what it’s like to be a criminal barrister? Because, as anyone with even the most rudimentary knowledge of the Bar knows, no one goes into criminal law to make lots of money.

Forshaw tells me about a recent case she’s done: "It was a murder, and a long murder. Under the current rates, I grossed £380 per day. When you take off 22 per cent for clerks’ fees and rent, and tax the rest, you’re looking at £190 per day. And that’s in a Bailey murder, a complex multi handed murder – and if you work that out on an hourly rate, bearing in mind I’m up at 6 most mornings and normally working until about half 11 at night, that is, I’m afraid, significantly less that you’d pay someone to come in and do the ironing."

Criminal barristers, despite what Grayling says and what many believe, do not do it for the money. And that’s something else he would learn in just a few days as a Mini Pupil. He’d learn why many criminal barristers endure such long hours and pressure for take-home pay of £25,000 per year. Forshaw returns to the Bailey murder case to explain why that is.

"[My client] was a nineteen year old boy and he didn’t have a bean. He was acquitted, [because] he was wrongly accused. After the verdict, we went outside the Bailey, he and I, and the mother of the deceased came up to say to him, 'We knew you shouldn’t have been there.' And the brother of the deceased came up and shook him by the hand, and said 'I’m very glad you were acquitted.' That’s why it matters."

This blog was originally published on the Spear's website - you can find it here.

Is Grayling's portrayal of barristers as "fat cats" a function of his lack of knowledge? Photograph: Getty Images.

Mark Nayler is a senior researcher at Spear's magazine.

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Four times Owen Smith has made sexist comments

The Labour MP for Pontypridd and Jeremy Corbyn’s Labour leadership rival has been accused of misogynist remarks. Again.

2016

Wanting to “smash” Theresa May “back on her heels”

During a speech at a campaign event, Owen Smith blithely deployed some aggressive imagery about attacking the new Prime Minister. In doing so, he included the tired sexist trope beloved of the right wing press about Theresa May’s shoes – her “kitten heels” have long been a fascination of certain tabloids:

“I’ll be honest with you, it pained me that we didn’t have the strength and the power and the vitality to smash her back on her heels and argue that these our values, these are our people, this is our language that they are seeking to steal.”

When called out on his comments by Sky’s Sophy Ridge, Smith doubled down:

“They love a bit of rhetoric, don’t they? We need a bit more robust rhetoric in our politics, I’m very much in favour of that. You’ll be getting that from me, and I absolutely stand by those comments. It’s rhetoric, of course. I don’t literally want to smash Theresa May back, just to be clear. I’m not advocating violence in any way, shape or form.”

Your mole dug around to see whether this is a common phrase, but all it could find was “set back on one’s heels”, which simply means to be shocked by something. Nothing to do with “smashing”, and anyway, Smith, or somebody on his team, should be aware that invoking May’s “heels” is lazy sexism at best, and calling on your party to “smash” a woman (particularly when you’ve been in trouble for comments about violence against women before – see below) is more than casual misogyny.

Arguing that misogyny in Labour didn’t exist before Jeremy Corbyn

Smith recently told BBC News that the party’s nastier side only appeared nine months ago:

“I think Jeremy should take a little more responsibility for what’s going on in the Labour party. After all, we didn’t have this sort of abuse and intolerance, misogyny, antisemitism in the Labour party before Jeremy Corbyn became the leader.”

Luckily for Smith, he had never experienced misogyny in his party until the moment it became politically useful to him… Or perhaps, not being the prime target, he simply wasn’t paying enough attention before then?

2015

Telling Leanne Wood she was only invited on TV because of her “gender”

Before a general election TV debate for ITV Wales last year, Smith was caught on camera telling the Plaid Cymru leader that she only appeared on Question Time because she is a woman:

Wood: “Have you ever done Question Time, Owen?”

Smith: “Nope, they keep putting you on instead.”

Wood: “I think with party balance there’d be other people they’d be putting on instead of you, wouldn’t they, rather than me?”

Smith: “I think it helps. I think your gender helps as well.”

Wood: “Yeah.”

2010

Comparing the Lib Dems’ experience of coalition to domestic violence

In a tasteless analogy, Smith wrote this for WalesHome in the first year of the Tory/Lib Dem coalition:

“The Lib Dem dowry of a maybe-referendum on AV [the alternative vote system] will seem neither adequate reward nor sufficient defence when the Tories confess their taste for domestic violence on our schools, hospitals and welfare provision.

“Surely, the Liberals will file for divorce as soon as the bruises start to show through the make-up?”

But never fear! He did eventually issue a non-apology for his offensive comments, with the classic use of “if”:

“I apologise if anyone has been offended by the metaphorical reference in this article, which I will now be editing. The reference was in a phrase describing today's Tory and Liberal cuts to domestic spending on schools and welfare as metaphorical ‘domestic violence’.”

***

A one-off sexist gaffe is bad enough in a wannabe future Labour leader. But your mole sniffs a worrying pattern in this list that suggests Smith doesn’t have a huge amount of respect for women, when it comes to political rhetoric at least. And it won’t do him any electoral favours either – it makes his condemnation of Corbynite nastiness ring rather hollow.

I'm a mole, innit.