Condemnation of the Police, Crime, Sentencing and Courts Bill

The Haldane Society of Socialist Lawyers condemns the Police, Crime, Sentencing and Courts Bill (‘PCSCB’) which passed its second reading on 16th March 2021. We are gravely concerned that this Bill contains multiple threats to the right to peaceful protest, lacks adequate measures to protect women, will serve to criminalise communities and is a bonfire of our basic civil liberties. 

We further note that despite its gravity, the PCSCB has been rushed through by the Government at an alarming and opportunistic rate; giving less than a week between its publication and second reading. This is a derisory timescale, and has meant that the general public, affected communities MPs and their staff, have been obstructed and denied the opportunity to fully understand what the devastating impact of this Bill will be. The Bill passed with an exclusively Tory vote of 359 votes for and a cross party vote of 263 against, with Labour MPs being told to vote against it. 

This Bill should be seen as a continuation of the slide to authoritarianism that this country has seen in recent times at the hands of a Tory government. This attack on our basic civil liberties should be seen in the same context as the Trade Union Act 2016, the Covert Human Intelligence Sources (Criminal Conduct) Bill (the ‘Spycops Bill’) and the Overseas Operations (Service Personnel and Veterans) Bill. 

The PCSCB, dubbed the ‘Police Crackdown Bill’, will:

·     Further extend already draconian police powers, giving them new powers against static protests, granting the ability to impose allocated times and where they can be held, and enforce maximum noise limits (amongst other measures);

·     Prevent protests outside Parliament;

·     Expand powers to shut down peaceful demonstrations;

·     Introduce new offences for protesters, including on the basis of causing “serious annoyance”;

·     Increase penalties and lower the thresholds for breaching police conditions on protests; 

·     Reduce public access to the countryside by creating a trespass offence, which will serve to criminalise the way of life of Gypsy and Traveller communities.

 It is also worth noting that the Ministry of Justice, the courts and the wider justice system have been allocated no extra funding from the Treasury in its recent Budget to accommodate the demands of the PCSCB. 

As well as serving to criminalise communities, the implications and scope of this Bill are huge for any individuals calling for economic, environmental and social change, and further criminalises the right to challenge existing power structures. 

We urge the government to scrap the above provisions. We urge the Labour Party to do more to oppose the Bill and continue to stand against it. We call on our members, comrades, concerned activists and targeted communities to publicly condemn the PCSCB. The Haldane Society stands in solidarity with the individuals, groups and MPs who have publicly opposed the Bill, as well as those most affected by it. 

Solidarity with the Shrewsbury 24 in their recent Court of Appeal Hearing

The Haldane Society of Socialist Lawyers stands in solidarity with and supports the Shrewsbury Pickets in their recent Court of Appeal hearing, heard on 3rd and 4th February 2021.

It should be noted that this appeal hearing has been long awaited, hard won, and the culmination of tireless, committed campaigning on behalf of the individuals affected, the Shrewsbury 24 Campaign and others. The case concerns building workers from North Wales who were prosecuted for picketing during the 1972 national building workers strike. Five months after the strike ended 24 pickets were picked up and charged with over 200 offences, including unlawful assembly, intimidation, affray, and six of the pickets were also charged with conspiracy to intimidate. As a result of the disputed charges, six received prison sentences and sixteen received suspended prison sentences. This is despite their consistently maintained innocence of all charges, and serious issues surrounding the fairness of their original court proceedings. Alarmingly, original witness statements were found to have been destroyed by the police and concealed from defence counsel and the court. Furthermore, the fairness of their trials was undermined through the broadcast of a highly prejudicial documentary on ITV during the first trial, which was contributed to by a covert agency within the Foreign Office.

Our Chair, Declan Owens, states the following:

‘The Haldane Society of Socialist Lawyers is proud of its history of solidarity with the trade union movement; a movement which has done so much to advance the material interests and wellbeing of the working class in this country and worldwide.

We're proud of the work that our Executive Committee member, Paul Heron, and Public Interest Law Centre have done in pursuing justice for Ricky Tomlinson and Arthur Murray, which has contributed so much to the campaign for justice for the Shrewsbury 24. We featured Ricky in the 74th edition of our magazine, “Socialist Lawyer”, in October 2016 where he was wearing his t-shirt entitled, "The State killed my mate. RIP Dezzie."

We look forward to this miscarriage of justice being addressed for those affected by the Court of Appeal and we pay tribute to Dezzie Warren and his family. The "enemy within" this country has always been the establishment, their political supporters and those who conspire against trade unionists and socialists. Solidarity with the Shrewsbury 24.’

Please join Haldane in support of the Shrewsbury Pickets on social media through Twitter, using the #Shrewsbury24C hashtag.

For more information please visit: https://www.shrewsbury24campaign.org.uk/

Solidarity with Black Lives Matter following the killing of George Floyd

The Haldane Society of Socialist Lawyers stands in solidarity with the Black Lives Matter movement globally.

On the 25th May 2020 in Minneapolis, an African-American male was murdered by the state. His name is George Floyd. George was subject to extreme police violence which resulted in his death. A video circulated showing a White male officer kneeling on his neck. The officer continued to do this for several minutes even as George told him he could no longer breathe. George was not resisting arrest and was in handcuffs, and the footage shows him in pain and distress. George pleas for help were ignored and his life cut short because of the actions of the police.

This comes just after the recent arrest of a former police officer for the racist murder of Ahmaud Arbery. He was murdered because a former officer and his son thought Ahmaud, who was out jogging in a white middle-class neighbourhood, was a burglar. It took public outcry on social media about the murder (which happened on 23rd February 2020 ) and video circulation of the incident for an arrest to take place on the 7th May 2020.

This is not the first instance in which black people have felt the heavy hand of the police since the lockdown measures came into place.

Since lockdown measures began, Black people in the UK and aboard have been subject to a tirade of disproportionate policing. The latest, resulting in the death of George Floyd.

The UK is not exempt from this. Black men in the UK are 40 times more likely to be stopped and search by the police. Black men also disproportionately die as a result of the use of force or restraint by the police.

The Haldane Society stands with Black Lives Matter globally and calls for an end to racist policing.

Please support Haldane in condemning the recent unjust Murder of George Floyd and many others on social media by tweet #Justceforgeorgefloyd online and using the #blacklivesmatter hashtag. Please also donate and support the Black Lives Matter movement on their page.

You can also support some UK racial justice organisations here.

Statement against the prosecution of Paul and Sam Newey

The Haldane Society of Socialist Lawyers condemns the decision to prosecute Paul and Sam Newey, who attended court remotely on 7 May, and urges that all charges against them be dropped.

Both are charged with supporting terrorism. Paul is charged with funding terrorism for allegedly sending a sum of £150 to his son Dan who in 2017 joined the People’s Protection Unit (YPG) in Rojava (the autonomous region of North and East Syria, western Kurdistan) in their fight to defend themselves against Da'esh (ISIS). Sam is accused of engaging in conduct to assist his brother to prepare or instigate acts of terrorism.

The Haldane Society also urges the release of Dan Burke, currently remanded in custody pending trial on terrorism charges related to fighting with the YPG.

The YPG is not a terrorist organisation and those who support them should not be liable to prosecution under terrorism related legislation. The YPG and its sister organisation the YPJ have defended the people of the autonomous region of Rojava first against Da’esh, and then, following the defeat of Da'esh due in large part to their efforts, against invasion from the Turkish state. The decision to treat the YPG as a terrorist organisation must be understood in the context of European states' capitulation to Turkish geopolitical interests, in an effort to maintain the violent externalisation of the EU's borders.

In line with its historic persecution of Kurdish people within its own territory, and viewing the existence of an autonomous Kurdish region as an existential threat, Turkey has repeatedly attacked Rojava. This has been both militarily, through the invasion and ongoing occupation of Afrin and airstrikes on the border in October 2019 following the withdrawal of US forces, and also through violent enactment of settler colonialism, enforcing demographic change by replacing Kurdish families in the region with displaced Arab families from other parts of Syria and Palestine (with Erdogan even stating that desert-dwelling Arabs were more suited to the region than mountain-dwelling Kurds).

Not only is Turkey a member of NATO, but the 2016 EU-Turkey deal made it an outpost of fortress Europe as Turkey agreed to stem the “flow” of refugees into European states in exchange for €6bn in EU aid. As a result, Erdogan has been able to weaponise EU anti-migration border politics, notably through lifting controls on migrants leaving Turkey on 28 February this year after suffering a heavy military loss in north-west Syria. This was with the aim of pressuring the EU to support its offensives in Syria, including those against the YPG and YPJ.

It is in this context that the prosecution of Paul and Sam Newey on terrorism-related charges must be understood. It must be seen also as part of an ongoing practice of raids, arrests and criminalisation of the Kurdish community and allies in the UK, as well as the recent inclusion of many leftist and anti-fascist groups in counter-terrorism policing guidance. The British state's willingness to criminalise its own citizens and their family members for fighting fascist forces should be deeply troubling to us all, and must be resisted.

Covid-19 and domestic abuse: Haldane supports the campaign for housing funds

The UK government has not responded adequately to increased rates of domestic abuse that have resulted from laws introduced to control the spread of coronavirus. By failing to ensure that all survivors have somewhere safe to go if they flee, the government is endangering survivors’ lives and contributing to the conditions for widespread violence and mistreatment.

Public Interest Law Centre and Southall Black Sisters have launched a legal challenge against the government’s failure to allocate ring-fenced funding for housing. They have also created an email campaign, to increase pressure on the government to provide this support as urgently as possible.

We call on our members and comrades to join and publicise this campaign.

Statement regarding the proposed extradition of Julian Assange to the United States

The Haldane Society of Socialist Lawyers opposes the extradition of journalist and publisher Julian Assange to the United States of America. We are gravely concerned that any extradition would legitimise the extra-territorial over-reach of the US state, who are which is proposing to try Mr Assange, a non-US citizen, in the US under US laws, without First Amendment protections of free speech. If extradited, Mr. Assange, will be placed in administrative detention and, if convicted, he faces a possible prison sentence of 175 years for his actions that revealed serious war crimes. Permitting the extradition of Mr. Assange to the United States would therefore set a dangerous precedent.

The Haldane Society also notes that the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and United Nations Working Group on Arbitrary Detention have found Mr Assange to be a victim of prolonged and severe psychological torture and arbitrary detention. Given these findings, we urge the British government to observe its duties under international law and domestic law, to investigate and to take appropriate action to address any breaches of Mr Assange’s human rights.

We are also deeply concerned about the breaches of Mr Assange’s rights to privacy and to legal privilege. Mr Assange, like all other accused, has the right to a free and fair trial. The British state is required to afford all defendants their human rights, to honour international law whether deriving from treaty or from international custom and practice, and to ensure that British domestic law is upheld. Such considerations are not intended to be optional or dependent on the nature of the crime, the nature of the circumstances or the discretion of the judge or the State.

At the present time of pandemic, the Haldane Society also strongly supports Mr Assange’s request for immediate bail, given his chronic lung and other medical conditions, the expert testimony regarding the spread of COVID-19 in prisons and other detention facilities, and the risks therefore arising to the life of Mr Assange and all prisoners from potential exposure.

Haldane Society of Socialist Lawyers Statement on the Coronavirus Crisis

A Time for Ideology

The Haldane Society of Socialist Lawyers rejects the claim by the Tory Government that the handling of the Coronavirus crisis is not a time for ideology.  The way that the UK, as a society, reacts to this crisis is necessarily determined by ideology.  Our members represent the most vulnerable people in society.  Through their delay and inaction, the Tories have proven themselves unwilling or unable to deliver health and financial security for the people of the United Kingdom in this acute public health crisis which is occurring within the ongoing crises of capitalism.  We will not accept this crisis being another ‘shock doctrine’ power grab in the interests of the wealthy elite but will remain vigilant in our scrutiny of any infringements of the legal rights of those we represent. Indeed, we will fight to extend those rights pursuant to a socialist critique.

The Tory regime has failed to take the steps necessary to protect the vulnerable in this crisis, including refugees, migrants, those in detention, precarious workers (such as the dependent self-employed and zero hours contract workers), the homeless, renters, and all those who are a few days, a week, or a month away from severe financial hardship.  £330bn worth of loans, primarily to businesses, is insufficient and not appropriately targeted to address the crisis for ordinary people.

Socialist policies are required to deal with this crisis for the benefit of workers and all of society.  ‘Essential’ workers are all the workers in the country, and they deserve substantial material support along with the vital financial injection that is required in the health sector after years of underfunding.  We demand nothing less than the emergency measures announced to protect the income of workers in countries such as Finland, Denmark, and France.

Accordingly, an unconditional universal basic income is necessary without delay.  This is already an overdue fundamental reform to social security.  There should be an accompanying suspension of rents for the millions of renters in the country and a ban on evictions.

We support the demands of the Legal Sector Workers United branch of the United Voices of the World union in their open letter of 16 March 2020 to employers in the legal sector.  Legal Aid lawyers and other workers in the sector should receive a guaranteed income in any shutdown along with the rest of the workforce.  The Ministry of Justice should use this opportunity of emergency government financial support to reverse its cuts to legal aid and provide a proper platform for the restoration of the administration of justice in this country following years of cuts which have harmed the most vulnerable in society in their pursuit of justice.

We also demand the immediate suspension of all in-person hearings in all courts. Where hearings cannot take place via videolink or telephone, they should be adjourned until the conclusion of the outbreak. 

The Lord Chief Justice’s announcement in the evening of 17 March 2020 that jury trials longer than 3 days will be adjourned does not go far enough.  COVID-19 can be transmitted in minutes or seconds.  It does not take 3 days.  No defendant can be confident that 12 jurors locked in a small room together will feel comfortable taking the time required to properly consider a case.  Any right-minded and socially conscious juror will wish to minimise their social contact with others.  This gives rise to the likelihood that juries will not give cases their deliberations the time and attention they deserve.  There is a serious risk of both wrongful convictions and wrongful acquittals.

This is a time to create a real sense of justice in the United Kingdom and it is clearer than ever that socialist policies are the answer to the urgent problems we face.  The Haldane Society of Socialist Lawyers stands in solidarity with all those fighting to achieve this vision during the Coronavirus crisis and the ongoing crises of capitalism at home and internationally.

Statement condemning the arrest of barrister, trade unionist and Haldane Executive Committee member Franck Magennis

The Haldane Society condemns in the strongest possible terms the Metropolitan Police’s conduct in arresting Franck Magennis while he was taking part in lawful industrial action alongside striking workers. A barrister and trade unionist currently seconded to the independent trade union United Voices of the Union (‘UVW’), Mr Magennis also sits on the Society’s Executive Committee. His arrest constitutes a flagrant and unlawful attack on the workers’ movement, the right to strike, and the right to liberty.

Mr Magennis was arrested on a picket line at St. George’s, University of London, during an industrial dispute over the role of outsourcing at the university. UVW, who organised the industrial action, has said that the arrest marks a potential watershed in industrial relations and could set a dangerous precedent for the erosion of civil liberties and workers’ rights if left unchallenged. The incident, which took place shortly after 9am, saw 12 police officers arrive at the university after being called by management to dispel workers and trade union officials from a lawful picket. In a series of highly irregular events that has seen the Metropolitan Police become the subject of legal action, police officers swiftly issued workers and union officials with a letter from the University claiming that the picket needed to take place outside of NHS property. Several police officers then warned all workers and union officials that they would be arrested if they failed to leave the property within five minutes.

When Mr Magennis inquired into the legal basis of the warning, he was swiftly arrested and handcuffed, and subsequently de-arrested and released less than five minutes later on the condition that he immediately leave the site. The incident appears to represent an attempt by the Metropolitan Police to use criminal sanctions to frustrate lawful industrial action. Upon his release, Mr Magennis said:

“If my false imprisonment goes unchallenged, that would allow the Metropolitan Police to criminalise what is lawful civil activity, and would have a chilling effect on workers’ ability to stand up to bosses and exercise their civil liberties. Anyone concerned with a worker’s right to take industrial action, and with a citizen’s right not to be arbitrarily arrested, should be seriously concerned about the way the police have acted today. Workers should be allowed to go on strike without being threatened with arrest. This is an outrage.”

After being instructed by Mr Magennis to pursue legal action against the Metropolitan Police, Susie Labinjoh, of Hodge Jones & Allen solicitors said, “clearly important constitutional issues are raised by Mr Magennis’ arrest. We will be looking at all legal avenues to ensure that the police are held to account, that trade union members are not criminalised for going on strike, and that people are not arbitrarily arrested.”

The Haldane Society calls on all trade unionists, lawyers and concerned activists to support UVW members in their struggle to ensure that this blatant abuse of the law does not become a precedent by which workers are prevented from taking industrial action and exercising their basic human rights.

Solidarity film showing: 7 February 2020

On 7 February 2020 at 18:30 join us for a showing of the film SOLIDARITY.

Blacklisting in the UK construction industry impacted thousands of workers who were labelled ‘troublemakers’ for speaking out and secretively denied employment. Activists uncovered alarming links between workplace blacklisting and undercover policing. SOLIDARITY follows meetings between activists and law students, brought together for the film, revealing the determination of a community working together to find a route to justice. SOLIDARITY was made by visual arts organisation City Projects and filmmaker Lucy Parker, who has been working alongside members of the Blacklist Support Group for over four years.

Find out more about the film at solidarityfilm.com.

Attendees will need to obtain free tickets. Free ticketsa are available at https://www.eventbrite.co.uk/e/solidarity-film-showing-tickets-81068115917

Venue: Birkbeck Cinema, 43 Gordon Square, Bloomsbury, London, WC1H 0PD.

 

Free Public Lecture: Why public sector workers should unionise

Why Legal Sector Workers Should Unionise

When: 27 November 2019, 18:30-20:30

Where: Room S101, The University of Law, 14 Store Street, London, WC1E 7DE

Speakers:

• Franck Magennis (barrister)

• United Voices of the World (UVW) union activist
  
  

 

The title for this Haldane lecture does not contain a question mark. Franck Magennis is starting from the premise that there is no real doubt as to the merits of unionisation in the legal sector. Franck is Head of Legal at the United Voices of the World union, which has made the innovative and far-sighted step of setting up the Legal Sector Workers United branch. Franck will outline the history of the struggle to organise and the achievements so far, including the solidarity that legal workers have shown to outsourced cleaners at the Ministry of Justice, who are denied the London Living Wage and key employment rights.

Franck will be joined by one of the Ministry of Justice cleaners who will outline the background to this vital industrial struggle, which has consequences for all in the legal sector.