Lawyer SocialistMagazine of the Haldane Society of Socialist Lawyers I Number 52 G June 2009 £2.50 BLOOD, SWE AT AND TEARS

MINERS’ STRIKE 1984-85 Haldane Society PO Box 57055 London EC1P 1AF Website: www.haldane.org Contents Number 52 June 2009 ISSN 09 54 3635

News & comment ...... 4 From Japan to the BBC & Gaza plus the regular column from Young Legal Aid Lawyers

Is Turkey ready to play ball? ...... 14 The Haldane Society was founded in 1930. Rachel Bird reports on the new pamphlet resulting from our delegation to Turkey It provides a forum for the discussion and analysis of law and the legal system, both MINERS’ STRIKE SPECIAL...... nationally and internationally, from a socialist 16-27 Twenty-five years on, we look back on a year-long battle to save the pits perspective. It holds frequent public meetings and conducts educational programmes. The Haldane Society is independent of any political party. Membership comprises lawyers, academics, students and legal workers as well as trade union and labour movement affiliates. President: Michael Mansfield QC Vice Presidents: Kader Asmal, Louise Christian, Tess Gill, Helena Kennedy QC, Imran Khan, Kate Markus, Gareth Peirce, Michael Seifert, David Turner- Samuels, Professor Lord Wedderburn QC

HALDANE SOCIETY ANNUAL GENERAL MEETING, OCTOBER 2008 Students and legal practitioners crowded into the College of Law to hear Mike Mansfield QC, Haldane's President, give us a wide-ranging speech covering issues of climate change, recollections of the miners' strike, and an insight into events at the de Menezes inquest. We passed motions supporting trade unionists and lawyers in Colombia, supporting Hicham Yezza's fight against deportation and expressing our concern at reports of torture of detainees in Egypt. The full list of officers and executive members elected for 2008 – 2009 is as follows: Chair: Liz Davies ([email protected]) Vice-Chairs: Kat Craig (katherinec@ christiankhan.co.uk) and Anna Morris ([email protected]) Secretary: Marcus Joyce ([email protected]) John Sturrock Picture: Socialist Lawyer Editor: Kat Craig ([email protected]) 1968: Northern Ireland ...... 28 Treasurer: Declan Owens Eamonn McCann’s lecture to the Haldane Society on the Civil Rights movement ([email protected]) Membership Secretary: ‘If not me: who?’...... 30 Dave Renton ([email protected]) Kat Craig reports from a meeting to commemorate the murder of Rosemary Nelson International Secretary: Bill Bowring ([email protected]) Gaza: a woman’s story ...... 32 Executive Committee: The testimony of a Palestinian woman who lived through the horror in Gaza John Beckley, Adrian Berry, Dale Brook, Justine Compton, Rheian Davies, Obituaries ...... 34 Michael Goold, Margaret Gordon, Haldane members pay tribute to Steve Cohen and Paul O’Higgins Richard Harvey, John Hobson, Shakawat Hossain, Marcus Joyce, Reviews ...... 36 Catrin Lewis, Chris Loxton, Stephen Marsh, Books and films get the eagle eye of Haldane members Rob Murthwaite, Marcela Navarette, Carlos Orjuela, Tim Potter, Ripon Ray, Editor: Kat Craig Assisted by: Liz Printed by: The Russell Press Brian Richardson, Hannah Rought-Brooks, Davies, Declan Owens, Tim Potter Paul Smith, Kezia Tobin, Nick Toms, and Farah Wise Camille Warren, Rebekah Wilson, Many thanks to all our other contributors Charles Wright, Azam Zia who have helped with this issue

2 I Socialist Lawyer G June 2009 from the chair

Better to have fought...

wenty-five years ago, the miners’ strike was in full swing. The strike was declared on 12th March 1984, after the National Coal Board had announced the closure of five pits. Miners in Yorkshire were already on strike. They were rapidly joined by miners from Scotland, Kent, South Wales and Lancashire. The mining communities in TNottinghamshire were split: some went on strike, others remained at work and set up the scab Union of Democratic Miners. The year- long miners’ strike was one of the most significant, and tragic, events in labour movement and Labour Party history. Its implica- tions remain today. As Michael Seifert, John Hendy QC and David Hopper describe in these pages, the strike was deliberately provoked by Thatcher’s gov- ernment, intent on destroying the mighty National Union of Mineworkers. The grassroots labour movement rose to the chal- lenge. Support for the miners dominated the lives of labour movement activists. Every Saturday, in every town in the country, collectors could be seen rattling tins, wearing ‘Coal not Dole’ stickers, raising money, and food, from the public. Arthur Scargill, Peter Heathfield and other miners’ leaders received standing ovations wherever John Sturrock Picture: they spoke. But the equivocation of Neil Kinnock, up Women Against Pit Closures: the first time a women’s leader of the Labour Party, and Norman Willis, General group had been set up in solidarity with their striking hus- Secretary of the TUC, meant that the NUM was isolated. bands and family members (women were prohibited from The miners needed other trade unions to come out on strike being miners). Some members of WAPC became national figures, in solidarity. Had they done so, history would have been different. travelling the country and speaking to packed meetings. Pragna The strike saw a level of policing, and of media manipulation, that Patel describes the solidarity shown by black and Asian communities set a precedent for the next 25 years. The ‘battle for Orgreave’ was in Southall and elsewhere. Lesbians and Gays Support the Miners led one of the most bloody encounters: Mike Mansfield QC describes the to the miners subsequently supporting the campaign against the militarised police operation in June 1984. His description of uniden- homophobic Clause 28. Until then, the received wisdom was that tified police officers (concealing their numbers) in snatch squads, the stalwarts of the labour movement, particularly manual workers using long and short shields and police dogs to attack a peaceful such as the miners, would be hostile to liberation movements involv- picket, and to ‘kettle’ the miners, will ring bells with anyone who ing race, sex or sexuality. attended the recent G20 protests. Police roadblocks from 25 years The Government’s strategy to break the strike included trying to ago will be familiar today to the Fairford protesters, and to protesters tie up the NUM in court, and using the criminal law to criminalise strik- outside the DSEi arms fair. ing miners. As a result, the miners needed lawyers and Haldane The BBC coverage of Orgreave was shown backwards, so that it Society members rose to the challenge. John Hendy QC is standing appeared as though the miners were attacking the police rather than counsel to the NUM. He describes the litigation against the NUM: the other way around, and permitted the Government to portray the challenges to the decision not to hold a ballot, injunctions against pick- miners as mindless thugs. Mike Mansfield writes how independent eting, receivership, sequestration, and the later false accusations film-makers at Orgreave recorded the ‘battle’ and their films exposed that Scargill and Heathfield were personally corrupt. Michael Seifert’s the BBC’s falsehoods. In 2009, it was only the filming of the police firm was the most high-profile in its support, sending solicitors Louise by protesters, independent media and bystanders that revealed that Christian, Sarah Burton, Jim Nichol, Jane Deighton, Gracia Stephenson, Ian Tomlinson had been brutally attacked by an unidentifiable police- Steve Cottingham and others to Mansfield to provide free representa- man, tooled up in riot gear. tion to miners through a law centre. Plenty of other Haldane Society In the midst of police violence, media hostility and myth-making, members were also involved. Courts sat through the night. Despite the a scab union, endless legal wrangling and poverty (striking miners tragic circumstances, it was probably the Haldane Society’s finest were denied welfare benefits and the NUM’s resources were seques- hour in recent years. trated), it is extraordinary that miners and their supporters can look The Haldane Society will pay tribute to our comrades, the striking back to 1984-1985 as one of the best years of their lives. David miners, and to our members who provided representation and soli- Hopper, secretary of the Durham Miners’ Association and one of the darity, at our summer party on 23rd July (see back page). leaders of the strike, says the strike made him a better person. The G Liz Davies, chair of the Haldane Society of Socialist Lawyers diversity of support was breathtaking. Women in mining families set [email protected]

Socialist Lawyer G June 2009 I 3 News&Comment

Society must back Anwar

hree judges sitting at Edinburgh High Court ruled last July that TGlasgow lawyer Aamer Anwar did not commit contempt of court in statements he made following the conviction for ‘terrorism’ of his client Mohammed Atif Siddique (see Socialist Lawyer 50). The Haldane Society believes that the right of lawyers to speak in the sort of terms used by Aamer Anwar is an essential protection both for individuals who find themselves accused of crimes and for society Thousands marched in support of Gaza, millions identified with the suffering and willingly gave money. The BBC…

Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: at large. Unfortunately, the Law Society of Scotland has so far failed dismally to stand up for that right. Instead of defending Aamer Timid BBC ignored plight of Gaza people Anwar, it is conducting an investigation into whether he he BBC’s stubborn Director general Mark Government but laid to waste the breached the Solicitors’ Code of refusal to broadcast an Thompson justified the decision BBC careers of its director Conduct. It appears that the appeal by the Disasters by saying: ‘After looking at all of general Greg Dyke and chair Society initiated this investigation TEmergency Committee the circumstances, and in Gavin Davies. The BBC is without any complaint having (DEC) provided a shameful particular after seeking advice obsessed with avoiding such been received from the public or postscript to Israel’s murderous from senior leaders in BBC criticism again by showing that the profession. Philip Yelland, assault on Gaza at the end of Journalism, we concluded that its reporting is ‘even-handed’. director of standards at the Law January. Lay people could be we could not broadcast a free- The BBC was seemingly Society of Scotland, said in forgiven for thinking that the standing appeal, no matter how frightened by the thought that February that, ‘following the corporation was precluded from carefully constructed, without viewers might interpret the comments from the High Court of showing the appeal because of running the risk of reducing broadcast as support for the Justiciary judges… the Law Society some legal restriction perhaps public confidence in the BBC’s Palestinians against Israel. The has been carrying out an related to its unique position as impartiality in its wider coverage argument is specious on a investigation in accordance with the UK’s public service of the story.’ number of grounds, not least normal procedures’. broadcaster. However the truth is The reality is that the decision because it insults the intelligence The Law Society’s handling of that there is no such limitation. regarding the DEC appeal is of its audience. Few people will Anwar’s case is undermining the Moreover in the midst of illustrative of the timidity that has have been in any doubt that the independence of solicitors in widespread public anger, even the gripped the BBC since 2004 when money was intended to relieve the Scotland and the confidence placed International Development Lord Hutton published his plight of ordinary Palestinians in the legal profession by the Secretary, Douglas Alexander, disgraceful report into the death rather than being destined for the public, who are entitled to was moved to argue that the of the Ministry of Defence coffers of Hamas, the elected representation by a solicitor who BBC’s bosses should reconsider scientist Dr David Kelly which government of Gaza. will represent their interests. I their decision. largely exonerated the G Brian Richardson February 5: The Government is 18: Three solicitors are 23: Lord Carlile, the 24: Israel has paid £1.5 24: David Cameron says the accused by a scathing High suspended for deliberately independent reviewer of million in damages to the sole focus of the Home Office Court ruling of hiding behind breaking their code of practice by anti-terror laws, asks Home family of James Miller – a under a Tory government claims of a threat to national making £ 32 million in fees from Secretary to enable British cameraman shot by an would be to tackle crime, security to suppress miners’ compensation claims. A computer hacker Gary Israeli soldier while filming a pledging a tougher approach evidence of torture by the tribunal ruled that the partners at McKinnon (who has documentary in Gaza in 2003 than of David Davis. New CIA on Binyam Mohamed, a Raleys in Barnsley, South Yorkshire Asperger’s Syndrome) to be – his family accepting the Shadow Home Secretary British resident in took a deliberate and calculated prosecuted in the UK rather payment saying it was as Chris Grayling will not be Guantánamo Bay. risk and showed conduct than face extradition and close to an admission of guilt making civil liberties one of his unbefitting of their profession. serve a jail term in the US. as they were ever likely to get. priorities.

4 I Socialist Lawyer G June 2009 News&Comment

dismissal. Any employment result of the recession. Claims up lawyer worthy of the name will go But tribunal claims were on to tell any prospective claimant already on the rise well before the however, that the employee almost worst of the job losses; and have before losses never gains as much remedy in increased from 115,039 in 2005- damages as they would have been 2006 to 132,600 in 2006-7 and he recession’s effects are paid had they remain in post. 189,300 in 2007-8: a rise of sixty becoming clear with As a result of the introduction per cent in two years, even before unemployment rising of a new procedure, which has the recession took hold. Tamidst massive job latterly been revealed to be more Minded by the desire to avoid losses. Companies are also notably cock-up than conspiracy, The large pay-outs, and assisted by the declaring cuts in pay and hours, Tribunal Service has this year inflexible statutory dispute often in agreements with taken to announcing the figures resolution procedures (which are workforces supposedly to limit for new employment claims 12 being fazed out from 6th April redundancies. months after the end of the 2009, but which previously An employment lawyer will tell financial year. (Previously the gap rewarded the worst employers by you that where an employer was ‘just’ six months; and there is making it more difficulty for reduces an employee’s pay, this no obvious reason why the delay workers to bring claims), a will almost always be regarded as should be more than a few weeks). number of employers have been a fundamental breach of the This means we are a year away adopting sharp commercial employment contract, giving the from knowing how many practices which would seem to employee the potential option of additional employment claims operate at the edges of the law. resigning and claiming unfair there have been in 2008-2009 as a In February, for example, The Guardian named a high-street sports chain, which was seeking to Boost for ‘detention’ children’s campaign avoid its obligation to consult collectively with its workers on arlier this year a children’s rights. Giving further have been overlooked. The code redundancies (a duty which is Congolese family were credence to evidence that does not acknowledge the triggered to different extents granted unprecedented detaining children is harmful and inherently harmful effects of depending on the number of job Ecompensation by the damaging, it publicises the immigration detention, and is far losses), by declaring that each of Home Office for their unlawful shortfalls of the UKBA in failing from transparent with regard to its stores was a separate business. detention. The recent case to follow its own policies. how it is to be implemented and Think also of the cleaning represents a milestone for those In 2008 the Government enforced. company whose head of personnel campaigning against the harmful demonstrated its commitment to Children detained under was contacted in December 2008. effects of detention on children. upholding children’s rights with immigration powers are the only ‘We have taken a decision and The family, with a one year old the removal of its immigration children in the UK who can be communicated it to all our stores’, and an eight year old son, were reservation on the UN detained without any judicial she told. ‘No one is being made detained for two months at Yarl’s Convention on the Rights of the oversight and without redundant.’ The caseworker asked Wood Immigration Removal Child. The Home Office has committing any crime. They are the manager concerned to Centre near Bedford. The case further affirmed this commitment often taken from their homes investigate the case of a worker resulted in a settlement, with the through the introduction, earlier during dawn raids, compounding who was sat with them and had Home Office admitting that the this year, of a Code of Practice for the stress and fear of an already just been told she was dismissed. detention was unlawful, and a Keeping Children Safe From horrific experience. Research Ten minutes later, the head of payout to the family of £150,000. Harm. The code applies to staff shows that children who are personnel rang back. ‘You need to Thought to be the largest payout and contractors of the UKBA and detained suffer from anxiety and explain to her very carefully. We’re of its kind, the case highlights the is intended to safeguard children stress as a direct result of their not sacking her. We’ve just taken a gross inefficiencies of the UK under immigration control, incarceration. Of the 2,000 or so decision for the time being to Border Agency (UKBA) and its whether in or outside detention. children detained every year, 40 reduce her hours to zero.’ failure to protect and safeguard However some vital concerns per cent go on to be released. I David Renton March 24: Government report to 25: Justice Secretary Jack 9: Probation service union 13: Britain is condemned by a 13: Courts are handing out mark the 10th anniversary of Straw uses his veto powers Napo warns that 2,500 highly critical United Nations more prison sentences and the MacPherson report into the under the Freedom of jobs will be lost over the report for breaching basic fewer cautions to people who death of Stephen Lawrence Information Act to stop the next three years because human rights and ‘trying to illegally carry a knife. Ministry of says that police have fallen publcation of Cabinet minutes of budget cuts of between conceal illegal acts’ in the so- Justice figures show that the short on key areas of reform about the invasion of Iraq, on 13 and 25 per cent, which called ‘war on terror’ and number of people jailed was up demanded by the original the grounds that it would could result in 300,000 accuses intelligence officers of from 1,125 to 1,386 in the last inquiry; stop-and-search, undermine democratic extra crimes being interviewing detainees in so- three months of 2008 recruitment and retention of decision-making! committed each year. called ‘safe houses’ in Pakistan compared with the year before. ethnic minority officers. where they were being tortured.

Socialist Lawyer G June 2009 I 5 News&Comment

Is Trevor right: the Met no longer ‘institutionally racist’?

he chair of the Equality term to describe the challenges and Human Rights that persist. If Phillips’s assertions Commission (EHRC), are true, it is surely legitimate to TTrevor Phillips, caused a call into question the maturity of slight media storm in February those bodies and the continued when he reportedly declared that employment of individuals who the Metropolitan Police Service either stubbornly refuse, or are (MPS) were no longer incapable of providing, what institutionally racist. His Macpherson characterised as ‘an comments were made on the eve appropriate and professional of the 10th anniversary of the service’ to all members of society. publication of the Stephen There are, however, a number Lawrence Inquiry Report and of more fundamental reasons to were widely reported as having object to Phillips’s assertion. provided the organisation that Firstly, it undermines the had been most damningly perspective and activities of the criticised in Sir William representative bodies for black Macpherson’s report, with a clean police officers. The recruitment, bill of health. retention and promotion of black In actual fact, what Phillips officers were key said was far more challenging. recommendations of the For example he specifically stated Lawrence Report yet, by the end In 2008 black people were seven times more likely to be stopped and searched than Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: that he does not believe that of 2008, the Metropolitan Black ‘institutional racism as it was Police Association (BPA) was so Rollock), suggests that on a Sadly, this lack of progress is described in the Stephen disillusioned by what it termed a number of measures the not restricted to the police force. Lawrence Inquiry Report has ‘hostile atmosphere where racism predicament of black civilians is In the wider criminal justice been obliterated’. However, it is is allowed to spread’ that it took worse than a decade ago. system, black offenders are five implausible to suggest that he was out a series of advertisements Disproportionate levels of stop times more likely to be imprisoned simply misquoted or made a slip which ‘actively discouraged’ and search were identified as one than those from white of the tongue. Phillips is a highly potential black recruits from of the “iconic” concerns of black communities. Elsewhere in experienced media executive who joining the MPS. This came in the communities at the Stephen Macpherson’s report, educational knows how to capture the wake of a series of disciplinary Lawrence Inquiry. In turn, a exclusion and under-achievement headlines with a provocative turn and tribunal hearings involving commitment to replacing what were identified as critical concerns of phrase. the MPS’s two most senior black was regarded as a blunt among black communities. His particular concern is that officers: Commander Ali Dizaei, instrument with more intelligence- Consequently the then institutional racism is ‘too the national chair of the BPA, and led policing was a principal Department for Education and incendiary’ a term to ensure the Assistant Commissioner Tarique recommendation and one which Employment undertook to drive genuine engagement and Ghaffur. The latter ultimately was accepted by the Home Office through change. Yet today black commitment to change of the accepted a pay off from the MPS in its subsequent action plan. Yet, boys are still at least three times organisations that were targeted in settlement of his tribunal claim. in 2008, black people were seven more likely to be excluded than by Macpherson’s report. Instead Equally significantly, research times more likely to be stopped their white peers. Moreover, using of institutional racism therefore, by, among others, the Runnymede and searched than their white official statistics, Professor David he suggested that ‘systemic bias’ Trust (The Stephen Lawrence counterparts compared to six Gillborn of the University of was a more accurate and helpful Inquiry 10 Years On, Nicola times in 1999. London’s Institute of Education March 16: Azhar Khan, a 26-year- 16: An internal review has 18: New Met commissioner 18: Sean Hodgson walked free 20: Former Health Secretary old British man, alleges he revealed the Met failed to Sir Paul Stephenson leads 80 from prison after 27 years in jail Patricia Hewitt believes mentally suffered appalling investigate scores of rape officers, a helicopter and the when his murder conviction was competent adults should be mistreatment in Egypt while allegations because media on a dawn raid of a quashed. The Forensic Science allowed to die and will table an being interrogaated on the officers did not record burglary suspect. Shame he’d Service wrongly told defence amendment to the Suicide Act. basis of information that, he them as criminal offences been arrested the day before lawyers acting for him in 1998 ‘We need to change the law to says, can only have come from but as crime related by other police officers... while that exhibits in his inquiry had allow [the] terminally ill..., the UK. He was handcuffed, incidents, meaning they he was briefing his officers the been destroyed, and wasn’t until suffering at the end of their feet shackled, naked and had were not investigated suspect was being booked last March that a new legal firm lives, the choice of an assisted electric shock treatment. properly. into custody. pushed for a new search. death…’

6 I Socialist Lawyer G June 2009 News&Comment

concept dreamt up by a retired judge. Rather it is a term packed Unison investigates its own with historical resonance amongst black communities and race equality campaigners, and its activists: what’s going on? acknowledgment by Macpherson was fought for and won by a hree recent internal Militant). model coalition of forces, led by investigations in the The four Unison officers were Doreen and Neville Lawrence public sector workers’ originally told that the cartoon who fought tenaciously to expose Tunion Unison have was racist. This allegation was the truth about the rotten police raised complaints of political later dropped. As of March 2009 investigation into their son’s motivation; in one case, it is however, the four officers are still murder. Alongside them was a alleged that the original complaint facing the possibility of sanctions team of dedicated and determined was motivated by racism. including expulsion from the lawyers including Michael In 2007, Tony Staunton, chair union. Mansfield QC and Imran Khan. of Unison’s Plymouth branch, was The case of Newcastle Finally during the second part of expelled from the union. He was psychiatric nurse, Yunus Bakhsh, the inquiry, the wider concerns of accused of various breaches of is longer-running. Bakhsh is a black communities were Unison’s rules prohibiting political former candidate for the position eloquently and passionately campaigning using union of Unison General Secretary. He presented by community activists resources. It was said that he had was elected to Unison’s national and campaigns. downloaded a leaflet sent out by executive and health service group It appears that Phillips has Socialist Worker onto a union executive in 2006 with 86 per limited support for his views even computer. Staunton complained cent of the vote in the Northern among his own staff and of double standards, since Unison region. He is a member of the commissioners. As I write, the regularly loans officers and Socialist Workers Party, and an EHRC is mired in crisis having resources to the Labour Party advocate of strike action to white people; in 1999 it was six times. suffered three resignations in during elections. Whilst protect members’ jobs. He has rapid succession among senior suspended, he was prevented criticised Unison’s funding of the suggested that at current rates of officials and widespread from running for election to the Labour Party and spoken at progress, and assuming that the speculation that others may union’s national executive meetings in solidarity with measure of attainment remains follow. There is a suggestion that committee. The Employment countless local disputes. For many the same, it would take until 2054 Phillips’s attitude and closeness to Appeal Tribunal has recently years, he has been one of the before black pupils have closed the New Labour Government has found that his suspension should highest-profile campaigners the gap with their white peers been a key contributory factor in not have been a bar to running for against racism and fascism in the (Racism and Education – this loss of personnel. office (Unison v Staunton [2009] North East. Coincidence or Conspiracy, David Lord Herman Ouseley, UKEAT 0375). In autumn 2006, Bakhsh was Gillborn, published by Phillips’s predecessor as chair of In September 2007, four joint branch secretary of Unison’s Routledge). Not surprisingly the Commission for Racial Unison officers, Brian Debus, North of Tyne health branch and therefore they are twice as likely Equality, is right to suggest that a Onay Kasab, Glen Kelly and employed by the to be unemployed than their timid approach to the Suzanne Muna, were investigated Northumberland Tyne and Wear erstwhile classmates. All of this is enforcement of equality is bound by the union for producing a NHS Trust. In September 2006, despite the introduction of to fail. It was tenacity that forced leaflet criticising the union the Trust received an anonymous legislation, the Race Relations institutional racism onto the conference’s standing orders letter accusing him of (Amendment) Act 2000, which political agenda in 1999. It will committee. The leaflet likened the intimidating female workers. It was meant to establish a require a similar approach rather members of the committee to the started an investigation and framework for a ‘successful than the adoption of bureaucratic three wise monkeys who neither invited employees to come multiracial Britain’. language and strategies to drive see nor hear nor speak evil. The forward as witnesses. Three were

The truth is that institutional through the change we need. four are all members of the permitted to give statements L racism was not simply a clever Brian Richardson Socialist Party (formerly anonymously. Those statements

21: George Galloway MP 22: Parliamentary report 22: Muntazer al-Zaidi – the man 22: A report, Database State, 22: Home Secretary Jacqui is refused entry into published by the Joint who threw his shoe at George W by the Joseph Rowntree Reform Smith announces new Canada, deemed Committee on Human Bush – was handed a three-year Trust, says that 11 of the 46 60,000-strong civilian force, ‘inadmissible’ under section Rights says laws intended prison sentence for his ‘crime’. biggest public sector database including security guards at 34(1) of the country’s for counter-terrorism are His relatives erupted in anger, projects are fundamentally shopping centres and hotel immigration act, which was being misused in an shouting that the decision was flawed and clearly breach workers, to tackle terrorism... designed to protect increasingly heavy-handed unjust and unfair. Others were European data protection and Canadians from people approach to policing forcibly removed by security human rights laws. who fund, support or protests. forces as they shouted ‘down engage in terrorism. with Bush’ and ‘long live Iraq’.

Socialist Lawyer G June 2009 I 7 News&Comment L were not disclosed to Bakhsh in remained to be decided. ‘You are and asking for ‘dirt’ on him. advance of the disciplinary facing no charges’, he wrote. Stormfront members seemed to hearing. Bakhsh wrote to Three months later, the union know all about the allegations management saying that the told Bakhsh that he was barred against Bakhsh, often in advance original letter stereotyped him as from standing for office. Bakhsh of the information having been an aggressive, black man, and the successfully appealed his disclosed to Bakhsh himself. complaint was motivated by suspension to the Certification After Bakhsh published his racism. The disciplinary hearing Officer. However, Unison treatment by Unison, an took place in June 2008 in subsequently appealed to the investigation was ordered into Bakhsh’s absence (due to illness). Employment Appeal Tribunal, Kerry Cafferty’s conduct. She He was dismissed but is which has upheld Bakhsh’s resigned from the union, thus appealing the decision. suspension (Unison v Bakhsh aborting the investigation. Her When Bakhsh was suspended [2009] UKEAT 0375). husband has resigned as regional in 2006, his Unison branch had Eventually, Bakhsh was chair but remains a branch voted unanimously against the expelled from Unison, not for secretary at the Trust, working suspension at a packed meeting intimidation (the subject of the full-time for Unison. for strike action. Almost original complaint against him) There is a pattern to this immediately, the branch was but for breaches of the political witch-hunt. All the victims are placed in regional administration, fund. leading activists and critics of the where it remains. It had been one In the investigation which led Unison leadership. They are all of the most dynamic branches in to Bakhsh’s expulsion from members of left-wing parties Unison, but its members have not Unison, both Peter and Kerry opposed to the Labour Party. had a chance to meet in three Cafferty, who are married to The reasons given for Bakhsh’s years. In January 2007, Bakhsh eachother, were witnesses. Peter ultimate expulsion from Unison was accused by Unison of Cafferty is a senior figure in were strikingly similar to the bullying union members. He was Unison’s Northern region and its reasons for Tony Staunton’s Sight for sore eyes: NUJ photographers suspended from all union Labourlink organisation. Both expulsion. positions, pending an apparently denied that they were But Bakhsh’s case is unique. It investigation. motivated by racism. is the first time that a leading The initial union investigation Over Christmas 2008, a friend member of a union has been ‘I’m a photo took place in 2007. The introduced Bakhsh to Facebook. expelled arising out of allegations investigating Unison officer wrote There he found Kerry Cafferty’s made by individuals willing to undreds of to Bakhsh telling him that the profile. It showed that she had associate online with supporters photographers staged a nature of the investigation joined groups titled ‘England is of the BNP. mass ‘I’m a our country... our rules, don’t like In January, 12 members of HPhotographer, not a it fuck off!!’”, ‘NO MORE! Unison’s national executive Terrorist’ event outside New Stopping the BNP Asylum seekers in Britai’”, and signed a motion calling on the Scotland Yard on 16th February, As we went to press, activists were ‘Make Great Britain British union to withdraw what the to mark the enforcement date of campaigning hard to stop the BNP again’. Other members of those signatories described as an section 76 of the Counter- winning seats in the European groups were pictured wearing ‘appeal to the Employment Terrorism Act 2008. Organised by elections on 4th June, mobilising Nazi paraphernalia or giving Appeal Tribunal in defence of a the National Union of Journalists to ensure the fascists didn’t benefit Nazi salutes. Some described suspension which we now know (NUJ), it aimed to highlight that from the disilusionment with main themselves as members of the was tainted by racism’. These the new law could be invoked to parties caused by the recession British National Party. members of the union’s executive prevent the media and public from and the MPs’ scandal. Whatever Bakhsh also found that from also asked Unison to set in taking pictures of the police. the results on 4th June, stopping 2005, members of the white motion an independent There is growing evidence of the BNP will be a major task for all supremacist website Stormfront investigation into Bakhsh’s restrictions on press freedom in socialists and progressives in had been discussing him. They suspension from the union. the name of the fight against Britain in the immediate future. had been referring to him as ‘this Remarkably, the union has not terrorism, despite the fact that nasty piece of immigrant stock’ yet agreed to do so. I senior police officers have March April 23: Justice Secretary Jack 24: The Guardian 26: Foreign Secretary David 1: Thousands of 2: Questions are being raised Straw outlines new British newspaper reveals detailed MIliband gave a hint that the anti-capitalist and about the police tactics being Bill of Rights and evidence of alleged war long-awaited inquiry into the Iraq anti-war protesters used in London against G20 Responsibilities, saying the crimes committed by Israel war will hear evidence in private converged on demonstrators in the wake of the bill ‘could’ entrench during the 23-day offensive when it is set up later this year. London’s City death of a man caught up in the economic rights and earlier this year, involving He spoke of the ‘advantage’ of financial district protests. The man who died was balance the Human Rights the use of Paestinian having one like the Franks today to demonstrate Ian Tomlinson, 47, who lived in the Act with responsibility and children as human shields inquiry (after the Falklands war) ahead of the G20 City area and worked at a ‘end a me society as and the targeting of medics which was not a judicial inquiry summit that starts newsagent. He was on his way opposed to a we society’. and hospitals. and was conducted in private. tomorrow. home when he collapsed.

8 I Socialist Lawyer G June 2009 News&Comment

the Act would allow an individual to be arrested for taking and Trespass law publishing a picture of a police officer if the police believe it is ‘likely to be useful to a person abused by committing or preparing an act of terrorism’. A defence of Japanese ‘reasonable excuse’ is available, but the onus would of course be n January 2008, Greenpeace on the defendant, and as yet it is Japan commenced an unclear what ‘excuse’ would be investigation into claims, accepted by a court. Imade by a whistleblower, Journalists fear this law will be that crew members of Japan’s used to further target the media, whaling fleet have for many years especially those who cover been embezzling prime whale legitimate democratic protest and meat and selling it for personal public order situations. gain, with apparent official Photographer Jess Hurd recently connivance. received an apology from the Kent In April last year, Greenpeace police for her treatment whilst investigators removed from a covering the Climate Camp courier depot one of four heavy protest at Kingsnorth last summer. boxes addressed to a crew She was stopped and searched on member, whose contents were four occasions, had her press card listed as ‘cardboard’. Inside, they confiscated on the grounds that ‘it found 23.5kg of salt-cured unesu didn’t look authentic’, and was or ‘whale bacon’, valued at up to

followed to a restaurant after US$3,000. The whistleblower’s / reportdigital.co.uk Jess Hurd Picture: photographing a violent arrest claims were further corroborated and filmed through the window through further investigation and grapher, not a terrorist’ by the police Forward Intelligence interviews. Greenpeace Japan Team. presented its findings at a press previously recognised that there is with detention under anti- More recently journalists conference, and delivered the box no power to do so. The terrorism legislation for refusing received an apology for the use of of whale meat to the Tokyo Association of Chief Police to reveal sources, and section 14 of the Public Order Act District Prosecutor as evidence of Officers (ACPO) media guidelines photographers are routinely at the G20 protests where media an offence. The investigation state that: ‘Members of the media impeded, harassed and monitored were forced under threat of arrest initiated by the Tokyo District have a duty to take photographs by the police. to vacate the area around Bank Prosecutor was suddenly dropped and film incidents and we have no Section 76 of the Counter- for 30 minutes. During the on 20th June, and on the same legal power or moral Terrorism Act 2008, which the demonstrations photographers day, the Greenpeace Japan offices responsibility to prevent or restrict Police Federation has called ‘badly were violently assaulted. and the homes of four staff what they record. It is a matter for drafted’, provides that eliciting, The NUJ’s general secretary, members were searched by some their editors to control what is publishing or communicating Jeremy Dear, said: ‘The police and 40 police officers, in full glare of published or broadcast, not the information on members of the the Home Office have made the media, who had been tipped police. Once images are recorded, armed forces, intelligence services repeated promises that officers off. Junichi Sato and Toru Suzuki, we have no power to delete or and police officers which is ‘likely will be properly trained to deal two of the Greenpeace confiscate them without a court to be useful to a person with photographers at investigators, were arrested and order, even if we think they committing or preparing an act of demonstrations but the problems held for 26 days, during which contain damaging or useful terrorism’ is an offence carrying a keep on happening.’ The NUJ is they were questioned daily for up

evidence.’ However journalists maximum 10 year custodial currently considering legal action to eight hours, strapped to a L have been increasingly threatened sentence. The broad powers under against the police. I chair, without access to counsel

5: Police claim that they had 6: As more videos and images 6: House of Commons 6: House of Commons 6: Parents with children up to no contact with Ian Tomlinson emerge showing police violence, Foreign Affairs Select Foreign Affairs Select the age of 16 will be able to prior to his death on the G20 the officer who violently shoved Committee announce Committee announce inquiry request flexible working from protest. Yet video footage and and hit Ian Tomlinson with a baton inquiry into Britain’s role in into Britain’s role in human today, under a change in the photographs by protesters has been suspended and has human rights abuses, rights abuses, examining law. Employers are now and bystanders has shown been questioned by the IPCC examining involvement in involvement in detention, obliged to ‘seriously consider’ that Ian was violently pushed under caution on suspicion of detention, transfer and transfer and interrogation of any application and only over by police as he tried to manslaughter. He is a member of interrogation of prisoners prisoners held during the so- reject it if there were ‘good walk home through the City the Territorial Support Group held during the so-called called ‘war on terror’. business reasons’ to do so. on 1st April. (TSG). ‘war on terror’.

Socialist Lawyer G June 2009 I 9 News&Comment L – common practices in Japan, But I was struck by the complete which have drawn repeated The Congo: crimes against silence on the civilian deaths in criticism from the UN Human the DRC, at that time a much Rights Committee. Eventually, larger number. Not that this is a both men were charged with humanity continue numbers game to any victim or larceny of a box of whale meat relative of the most serious crimes and trespass, and released subject hilst the world’s eyes of crimes against humanity in international law. to strict bail conditions. The trial were peeled on the perpetuated in this war. I felt disturbed that the deaths is expected later this year. atrocities in Gaza, in Yet it was with some difficulty of the civilians in the DRC seemed The firm that operates Japan’s Wthe same week of that I found any news items on to attract such limited comment. whaling fleet, claimed that its the initial bombings by Israel in these civilians subject to crimes Why the silence from all quarters employees traditionally receive the Gaza Strip at least 189 against humanity in the DRC. Al on such an important issue? The portions of whale meat as civilians were massacred in the Jazeera did run a news item, but it DRC is a huge country, at the ‘souvenirs’, and meat intercepted ongoing civil war in the seems the rest of the world were heart of Africa. It is a rich country by Greenpeace consisted of gifts Democratic Republic of Congo happy to remain silent. At the with deposits, many of which we to several crew members. But the (DRC). beginning of the year, I was rightly continue to use on a daily basis, defence team intends to bring a A drop in the ocean perhaps to bombarded with emails from whose limits we can only guess at. large body of evidence of the estimated four million that NGOs, left-wing groups and A country over 10 times larger embezzlement to the attention of have died in this 14 year war in colleagues seeking ways to act than Great Britain. A country that the court, including statements the DRC but no less heinous, and prevent further civilian deaths was hacked to pieces by King from four inside informers, as traumatic or tragic for the victims in relation to the Gaza situation. Leopold and now by those that part of a ‘justification’ defence to the charges of theft and trespass. They will also argue that the defendants’ actions were intended Binayak Sen: prisoner of conscience to expose wrongdoing and stir debate about research whaling, inayak Sen is an award- recently, they worked with the government’s private militia, the and as such, they were an exercise winning paediatrician tribal people of Chhattisgarh, Salwa Judum, have operated with of the right to freedom of and human rights running a weekly clinic providing impunity and violence, resulting expression, which includes Bactivist. He has also low-cost medical care, and in many civilian deaths. freedom to ‘seek’ and ‘receive’ spent two years in jail in the training local tribal youths to Dr Sen, as secretary of the information, according to the central Indian state of become health workers. Peoples’ Union for Civil Liberties, International Covenant on Civil Chhattisgarh, awaiting trial on Chhattisgarh state is rich in was documenting human rights and Political Rights (ICCPR), the charges that are widely regarded forests and mineral resources. violations, and specifically principal UN human rights treaty as trumped up and politically Living on those lands are the actions of the Salwa ratified by Japan. The public motivated. Noam Chomsky, tribal people, who Judum. In May 2007, he interest in allowing NGOs to former US Attorney-General constitute one third of the was arrested and bring such information to light is Ramsey Clark, 22 Nobel state’s population and are accused of conveying greater in this instance than the – laureates and the former Supreme amongst the poorest and messages between also important – interest of Court Justice of India Krishna most marginalised guerillas and a prisoner, safeguarding private property. Iyer, are amongst thousands who communities in India and Narayan Sanyal, whom he Last December, the UN have called for his release. are being forcibly displaced was treating in jail. Each of Human Rights Committee 59-year-old Dr Sen and his from many of their his visits to Sanyal criticised the authorities’ abuse of wife are doctors who turned away traditional areas. had been trespass laws to stifle criticism of from lucrative private practices to Protests have conducted under government, and called on Japan help some of the poorest rural been brutally the prison’s to ‘repeal any unreasonable communities in India. In the suppressed scrutiny. When restrictions on freedom of 1980s, they worked with the and since he learned of expression’. This is a test case. Chhattisgarh mineworkers to set 2005, the the warrant Binayak Sen: state’s case is falling apart G Richard Harvey up a workers’ hospital. More state for his arrest, April 6: Internet service providers 13: Two hundred police 17: Home Secretary Jacqui 20: Hundreds of police 25: Matilda Gifford exposes must keep records of emails officers raid dozens of homes Smith announces review of documents from the undercover police running a and online phone calls under across the UK arresting 114 the Regulation of investigation into the network of hundreds of new EC regulations that people thought to be Investigatory Powers (Ripa) in Hillsborough disaster of 1989 informants inside protest came into force today. ISPs preparing a climate change order to stop ‘trivial’ use of could finally be made public organisations, recording hours will be legally obliged to store protest at the Ratcliffe-on- anti-terror and serious crime after a 20-year campaign for of discussions with Strathclyde details for 12 months as a Soar power station in Notts, powers by councils who have justice. The families of the 96 police who had attempted to potential tool to aid criminal yet all were released on bail been using them in cases Liverpool fans who died recruit her after she was investigations. but with no charges. such as dog fouling, litter and believe the police conspired to released on bail after a Plane stealing Christmas lights. cover up their role on the day. Stupid demo in Aberdeen.

10 I Socialist Lawyer G June 2009 News&Comment

support that scramble for its sumptuous resources. A country DNA samples of innocent Anna backs full of people who deserve the protection of international law, media interest and NGO interest people should not be kept accused Brit no less than any other place in the world. idespread concern and scope of the DNA database. nna Morris, a barrister The war and deaths in the over the powers ‘It is crucial that we do everything and Vice Chair of the DRC continue. There is the contained in section we can to keep the public safe Haldane Society, is occasional media comment but W64 Police and from crime and bring offenders to Aacting on behalf of the little else. No emails, campaigns Criminal Evidence Act 1984 justice,’ she said. ‘The DNA human rights charity Reprieve, to or calls for an end to crimes (PACE) finally received judicial database plays a vital role in represent Samantha Orobator, against humanity or perhaps for recognition with the decision of helping us do that. However, imprisoned in Laos and accused us to just stop buying the the European Court of Human there has to be a balance between of heroin smuggling. resources that help fuel the war Rights in December 2008 of S & the need to protect the public and Samantha, 20, from there. There have however been a Marper v UK. Section 64 PACE respecting their rights. Based on Camberwell, may face trial in number of articles in the enables the police to retain bodily risks versus benefits, our view is Laos without ever having met the mainstream press about the samples, DNA profiles and that we can now destroy all Laotian court-appointed lawyer. endangered elephants affected by fingerprints from anyone arrested samples.’ Yet four days later the The government there has told the war in that region. for a recordable offence, whether Home Office published proposals Britain’s Foreign Office that it G Rebekah Wilson or not they are charged, to retain DNA records for up to will not invoke the death penalty. prosecuted or convicted. 12 years. The database is to They agreed to this only after The decision established that include samples taken from Anna pointed out to them that Dr Sen voluntarily returned from the automatic retention of DNA children aged 10 or over, who their own law forbids executing a a visit to Kolkata in order to clear samples, profiles and fingerprints may have been arrested but never person who is ‘in a state of his name. He was arrested under from those who are not convicted prosecuted. Liberty’s Shami pregnancy’. Chhattisgarh’s Special Public of any offence is a breach of the Chakrabarti said: ‘Wholly Meanwhile, the Haldane Security Act (draconian anti- right to a private life under innocent people – including Society has asked the Foreign terror laws) and denied bail. Article 8 of the European children – will have their most Office to raise with the Laotian After two years, the state’s case Convention on Human Rights. intimate details stockpiled for foreign minister the fact that his against Dr Sen is falling apart. The court further commented years on a database that will government, which originally Several prosecution witnesses that the powers of retention were remain massively out of step with gave assurances that Anna would have been dropped, or been ‘blanket and indiscriminate’ in the rest of the world.’ be allowed to visit Samantha, declared ‘hostile’ by the that samples could be retained We already know from gov- now refuses to allow the visit. We prosecution. None of the from persons suspected of trivial ernment figures that stop and want firm undertakings that remaining witnesses have been offences as well as of serious ones search powers are disproportion- Anna will be allowed to visit with able to corroborate any of the and did not discriminate between ately used to target black and Samantha and that all her rights charges against him. Despite the the convicted and the Asian communities. There is now under the International Covenant lack of evidence, he remains in unconvicted. growing evidence that police on Civil and Political Rights will prison. Despite suffering from Since then the Government powers of arrest, particularly the be guaranteed, including: heart disease, he is denied the has tried to find ways of avoiding wide-ranging powers under anti- adequate time and facilities to specialist medical treatment that implementing the decision. terror legislation, are also consult with her court-appointed has been recommended. Government had stated that regularly abused. People are lawyer; to prepare her defence; to He has been adopted as a DNA profiles and samples of the frequently arrested as a result of call and examine any witnesses prisoner of conscience by 850,000 innocent people bad policing or malicious com- required and to receive all Amnesty International, which currently on the database should plaints by members of the public. appropriate medical treatment. In believes that the charges against remain there for between six and These proposals fundamentally the event Ms Orobator is him are unfounded and who call 12 years. Jacqui Smith told The undermine the presumption of in- convicted she should be for his immediate release. I Observer in May that there were nocence, and should be revised or permitted to serve her sentence See www.freebinayaksen.org genuine concerns over the size face challenges in the courts. I back in Britain. I

25: Justice Secretary Jack 27: Anti-nuclear protestors 27: Sir Mark Potter, President 29: Three men facing 30: Five people assaulted by Straw scraps plans to build in Scotland revealed that of the Family Division of the charges of helping plan the police officers, at a peaceful three 2,500-place Titan police had offered them High Court, says allowing the 7th July bombings that killed rally outside the Mexican prisons, instead securing money for information, one media to report legal cases people in London in 2005 embassy in London in 2006, backing for five proposed being offered cash on top of involving adoption, care were acquitted at Kingston and kept in custody for two privately-run ‘super-size’ his jobseeker’s allowance proceedings and divorce will Crown Court. Despite a £100 nights have been paid tens of prisons to hold1,500 (benefit fraud!) if in return he transform the long-established million police investigation thousands of pounds in an prisoners, although the Prison game military police the culture of privacy in the family (the biggest in modern times) out-of-court settlement, Governors’ Association said names of people planning courts but critics say the police now have no fresh amidst calls for the officers these were still ‘too big’. environmental action. access is still too restrictive. lines of inquiry. involved to be investigated.

Socialist Lawyer G June 2009 I 11 News&Comment

Drastic changes in legal aid funding

he Legal Services was introduced in October 2007. Commission’s recent There is a third and final stage consultation, Family scheduled by the LSC for TLegal Aid Funding from implementation in 2013, in the 2010, considers the likely impact form of Best Value Tendering, of the Government’s proposals in which is to be applied to many this area. Young Legal Aid other areas across the civil legal Lawyers (YLAL) was one of the aid budget. ‘interested stakeholders’ to YLAL is concerned that the respond. YLAL set out its concern fees proposed under the PLFRS for the future sustainability of are unrealistically low in value and quality legal advice and that the mechanisms by which representation in family law and they will operate will be too rigid. the consequences of the changes There are a raft of specific for those working at the junior provisions which will render it end of the family legal aid system. difficult for solicitors to be fairly The consultation sets out three remunerated for the volume and main proposed changes. These, complexity of work actually Firms will be forced to reduce the amount of time spent on legal aid cases. Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: alongside YLAL’s response, are: undertaken on family cases. As income from family legal aid work good quality legal advice and the LSC proposes that family Private Family Law inevitably decreases, YLAL representation if they are to advocates be remunerated for Representation Scheme anticipates that firms will be understand the implications of advocacy on a ‘per hearing’ basis, The first proposal is the forced to reduce the amount of what will often be important irrespective of the length of the introduction of the Private Family time they engage on legal aid decisions relating to their future hearing or the complexity of the Law Representation Scheme cases, or that they may delegate and/or that of their children. preparation required. There are (PLFRS); a scheme of fixed fees the work to more junior fee- provisions within the FAS which which will apply to the majority earners, such as trainee solicitors Family Advocacy Scheme YLAL says will unfairly penalise of private children cases, finance or paralegals, who may not have The second element of the scheme those who have made a cases and domestic violence the necessary experience and/or is the introduction of a new commitment to undertake family proceedings. The scheme degree of supervision to undertake Family Advocacy Scheme (FAS) advocacy, such as payment of constitutes part of the second the work. Those at the junior end to replace the former Family ‘tapered fees’ if the number of major phase in the LSC’s reform may well experience increased Graduated Fee Scheme under hearings listed exceeds an average to family legal aid funding and workloads and pressure at work. which family barristers were paid number, something that will often proposes fixed fees for work Of greater concern is the and which will apply to both be due to circumstances beyond undertaken following the issue of impact these changes will have on solicitors and self-employed the control of advocates. proceedings and up to the final family clients, who will inevitably advocates. YLAL considers that hearing. The first stage, the be facing difficult personal the advocacy fees proposed under Changes to Scope introduction of fixed fees in care circumstances. Many will be the FAS are also extremely low The third tenet of the proposals is and supervision proceedings and feeling emotionally, or indeed and we anticipate that they too a reduction to the scope of the fixed fees in private family cases physically, vulnerable. These will be extremely rigid in their family disbursements that the up to the issue of proceedings, clients are particularly in need of operation. By way of example, LSC is prepared to fund. YLAL May 1: Ministry of Justice figures 6: United Nations inquiry 7: Lawyers acting for young 7: The Government is to 11 : Research by mental reveal that the use of stop- accused the Israeli military of twins ‘stopped and outlaw the use by companies health charity Mind shows that and-search under section 44 negligence or recklessness searched’ at the Kingsnorth of covert blacklists that have 60 percent of respondents to a of the counter-terror legislation in its conduct of the war in demo last August were prevented trade unionists survey did not feel they were soared from 37,197 people Gaza in January and said the granted permission, in the from getting work. Business taken seriously when they searched in 2006-07 to UN should press for High Court, to challenge Secretary Lord Mandelson reported a crime. In two cases 117,278 in 2007-08. The reparations for deaths and police powers after judges has been forced to act after a this year the CPS and the number of black people damage. ruled the proper policing of watchdog exposed police have been forced to stopped rose by 322 percent, large demos was in the widespread blacklisting in the apologise for not taking Asian people by 277 per cent. public interest. construction industry. offences seriously.

12 I Socialist Lawyer G June 2009 Young LegalAid Lawyers This regular column is written by Laura Janes of YLAL. If you are interested in joining or supporting their work, please visit their website www.younglegalaidlawyers.org

Why can’t Jack Straw see: we need more than sticking plasters

ecessions are a major professional advice than other Straw’s warnings that firms cost driver for legal aid. age groups (Young People and should be relying more heavily This has been Civil Justice, LSRC and Youth on paralegals. In a speech in Rrecognised by Access, 2007). March this year Straw drew an Government. Despite the ‘no Another group set to fall foul analogy with opticians services, more money in the pot’ mantra, of the LSC’s next plans are largely provided by high street an extra £10 million has been prisoners. A recent prison law chains, ‘which benefit from found for Citizens Advice consultation decried an increase substantial economies of scale, Bureaux, alongside the of on average £7 million a year which in turn are passed on to establishment of various duty for prison law since 2001, and the customer [...] The important schemes in the county courts to prompted comments from the factor here is that there has been deal with housing repossessions. Conservatives that the ‘colossal no decline in the quality of the But this is simply more sticking increase’ in legal aid for prisoners clinical service’. Unfortunately plaster to a festering wound: the was ‘inevitably at the expense of for Mr Straw Which consumer real problem is that ordinary assistance for law-abiding magazine recently sent solicitors with the expertise to people, who need greater legal undercover researchers into a help ordinary people keep their protection at a time of recession’. number of these providers: over homes and manage their debt, This is despite the fact that the 50 per cent offered are simply unable to survive the cost of incarcerating 80,000 odd unsatisfactory advice. Clinics considers that these reductions, devastating changes to the legal prisoners a year is more than one were underestimating the risks of combined with elements of the aid scheme. Since 2003, the and half times the whole legal aid treatment and pressuring proposed PFLRS and FAS number of firms providing budget and that prisoners are customers into expensive options schemes, are likely to lead to housing law services under the likely to represent some of the (I found all this in a small article some of the most vulnerable scheme has dropped from 799 to most damaged in our society, on page 19 of The Times, 26th groups of people experiencing 362. with the most unmet legal need. March). difficulty in accessing the justice Tokenistic injections of cash In times of recession the As Government prepares to they require. For example, the will not help the masses of Government would do well to celebrate 60 years of legal aid removal of independent social vulnerable people in all walks of consider the longer term social this year, it would do well to work from the scope of LSC life who have snowballing unmet and economic cost of depriving remember that it needs to invest funding in Rule 9.5 cases, and the legal need, and who find it prisoners of good quality advice in its future if it is serious about inclusion of Rule 9.5 cases within especially hard to access services. – both due to social welfare dealing with the current the PLFRS scheme, are likely to The latest Government problems and the cost of re- economic conditions and looking have serious implications for statistics show that 40 per cent of incarceration given the after the longer term interests of children in family proceedings; unemployed people are under 25 recidivism rates. the nation. both in terms of the quality of years old. Research by the Legal Meanwhile, new entrants are G Laura Janes advice that they or those Services Commission’s research finding it harder than ever to get representing them receive, and centre and Youth Access shows training contracts at legal aid For more information about YLAL their ability to have their wishes that young people are more firms who are unsure as to their and also to see YLAL’s full response and feelings sufficiently likely to experience high levels of future and do not have the time and covering letter to the LSC represented throughout the case. unmet legal need but are and resources to provide consultation (see article left) please G Jenny Bond considerably less likely to obtain training. This is in line with Jack visit: www.younglegalaidlawyers.org

15 : Independent Police 16 : Foreign Secretary David 16 : Victory for campaigners 16 : US President Barack 19 : British soldiers must be Complaints Commission Miliband demands a as Justice Secretary Jack Obama confirms he is to protected by European human announces new inquiry into ‘gagging order’ to stop High Straw drops plans that would continue to try rights laws, wherever they are ‘media handling’ by the Met Court judges from disclosing have seen parts of inquests Guantánamo detainees deployed, even in battle – a and the City of London police information about what with ‘national security under the widely Appeal Court ruling by three over the death of Ian Britain’s security and implications’ held in private, discredited military tribunal senior judges said, rejecting Tomlinson, after his family intelligence agencies knew without a jury. Shami system set up by George claims by the Minsitry of Defence complained about information about the torture Binyam Chakrabarti described it as a W Bush, although he that a soldier could be protected released by the police. Mohamed received from the ‘sane and humble claims reforms will make by the HRA only when he/she is CIA at Guantánamo Bay. climbdown’. the system ‘fairer’. on a military base.

Socialist Lawyer G June 2009 I 13 Haldane’s new pamphlet on Turkey was launched in February. Rachel Bird reports…

Above: speakers Margaret Owen, Michael Ivers, Lord Rea, Bill Bowring and John Hobson at the launch of the report of the delegation to IS TURKEY Turkey. READY TO PLAY BALL?

he Haldane Society of Socialist ification of international instruments, its desire had not progressed at all and, if anything, Lawyers launched their latest pub- to achieve accession to the European Union, and things had got worse for women. In a patriar- lication in the House of Lords on the appearance of reform, are all consistently chal society women are frightened to speak 24th February. The event, hosted undermined by actual practice and recommends out about their experiences, especially in and chaired by Lord Rea, intro- 29 practical steps by which Turkey could regard to sexual torture and rape. Both Kur- duced the report that came out of a achieve compliance with international law. dish and Turkish women suffer from abuse Tdelegation organised by Haldane on the ini- Bill outlined Turkey's refusal to recognise and violence but Kurdish women suffer in tiative of CAMPACC in February 2008, to in- the existence of Kurds or the Kurdish language many more ways as outlined in the report. vestigate whether Turkey is implementing its in Turkey, and its continued failure to ratify Though women are not held in F-type prisons, EU accession commitments on prison reform the European Languages Charter. He also re- there is anecdotal evidence that women are and conditions of detention. ported that the delegation were especially being forced to act as prostitutes in prison as The delegation met with authoritative non- shocked by the effect of amendments to Arti- well as being verbally threatened, raped and governmental organisations, representatives of cle 151 of the Criminal Procedural Code on subject to other forms of abuse that leave no the main political parties, practising lawyers, lawyers seeking to represent their client, effec- evidence. She emphasised the need for further former prisoners and families of prisoners. tively interfering with the right to legally qual- documentation of the situation. Professor Bill Bowring, one of the delegates, ified defence. Delegate and Haldane executive member, and the International Secretary of Haldane, Barrister Michael Ivers spoke on behalf of John Hobson, spoke on the question of isola- spoke of his admiration for the work and Mark Muller QC – who was unavoidably de- tion in F-type prisons in which detainees are courage of the Turkish Progressive Lawyers tained – on the conditions of detention of Mr held in isolation or in groups of three. The F- Association (CHD). CHD is Haldane's sister Abdullah Ocalan. His continuing imprison- type prisons were designed with the specific organisation in Turkey, and with Haldane a ment as the sole inmate of Imrali – with no aim of weakening association between indi- member of the European Lawyers for Democ- privacy and access to visitors, including his viduals and it is widely accepted that the at- racy and Human Rights, of which Bill is Pres- legal team, severely restricted – does not come tendant effects in themselves may constitute ident. The delegation met CHD lawyers – near basic legal norms and raises serious issues human rights violations. It is of concern that including the lawyers for Ocalan – in Istanbul on Turkey's accession to the EU. other than disputes governing the level of as- and Ankara. Margaret Owen, Director of Widows for sociation afforded to prisoners, the European The delegation concluded that Turkey's rat- Peace through Democracy, felt that Turkey Committee for the Prevention of Torture and

14 I Socialist Lawyer G June 2009 Haldane provides legal support on Kurdish demo

n Sunday 15th February members of the Haldane OSociety and Kurdish community attended a training session run by Shamik Dutta of Fisher Meredith and Haldane’s Kat Craig of Christian Khan at the Kurdish Community Centre (KCC) in North London. Haldane was approached by members of the KCC over fears of oppressive police action in relation to the demonstration organised to mark the 10th anniversary of the arrest of Abdullah Ocalan, leader of the Kurdistan Workers Party (PKK), who was abducted from Kenya in 1999. Since this time Ocalan, who is widely recognised as the voice of the Kurdish people struggling for their cultural and political rights in Turkey, has been held in Imrali Prison off the West Coast of Turkey. Serious concerns have been raised about widespread human rights abuses inside the prison. Inhuman or Degrading Treatment or Punish- Haldane also provided legal ment has indicated that F-type prisons may observers on the demonstration, otherwise be seen as models of modern peni- monitoring the actions of the tentiary establishments. Further research into police and showing support for the impacts of the prisons on individuals is and solidarity with Kurdish needed but it is unlikely that Turkey would people and their right to welcome such research. demonstrate. The Kurdish Questions and comments related to how community is justifiably anxious Turkey is caught between the requirements of about any perceived support for the EU and the demands of its people, the the PKK, a proscribed army and the Islamists in the country. For / reportdigital.co.uk Jess Hurd Pictures: organisation, after a number of those who are concerned over the efficacy of Kurds and an Irish human rights Europe’s intervention in Turkey’s progress, activist were charged in 2001 consideration should be given to the fact that, and detained for years in without the intervention of the European Belmarsh pre-trial for Court of Human Rights, Abdullah Ocalan campaigning for Kurdish rights. would in all probability be dead by now. It Haldane is developing a list was also noted that Turkey lifted whole pas- of members and supporters sages from the UK’s anti-terror legislation for keen to help out as legal its own laws, and that Turkey cannot be dis- observers in the future. Training cussed without reference to the global situa- will be provided on each tion. Lord Rea will table a written question occasion and no prior inquiring as to what the UK Government is To obtain a copy of the ‘Conditions of detention in experience or knowledge of I doing in response to these issues. Turkey: Blocking admission to the EU’ contact public or police law is required. www.haldane.org, [email protected] or write to the Please contact Kezia Tobin for Rachel Bird is a member of the Peace in Haldane Society at PO Box 57066 London EC1P 1AF. more information: Kurdistan Campaign [email protected]

Socialist Lawyer G June 2009 I 15 BLOOD, SWEA THE MINERS’ STRIKE 1984-85

For a year the miners fought to defend their jobs and communities. They fought the might of the British state. Their struggle inspired millions... Pictures by John Sturrock

16 I Socialist Lawyer G June 2009 AT AND TEARS

during the strike. The legacy can be traced through the Wapping dispute, the poll tax protests, anti-war demonstrations right The report therefore recommended import- through to the recent G20 protest in London. ing coal and building up stocks, encouraging Monday 18th June 1984 was probably the recruitment of non union drivers to shift the high point and crucible for the whole dis- these stocks, cutting off social security to pute and has been indelibly etched on the strikers and most significantly the establish- minds of all those who experienced it. The ment of mobile police squads to counter miners suffered terrible physical injuries as picketing. well as long-term irremediable psychological The years between 1984 and now have damage. A graphic and compelling account he miners stood silently in line in the witnessed the untrammelled and unashamed of what happened on the day can be found in snow. The early morning mist of a excesses of asset stripping, corporate greed, Yvette Vanson’s documentary, The Battle for grey winter’s day gradually rolled bonus culture, all developed on the back of a Orgreave, shown on Channel 4 in 1986 and Tback to reveal a senior police officer, shadow economy. Basically take the money now held in the archives of the British Film all in white, with coal black eyes, a long red and run. Predictably the repercussions of this Institute. The media at the time unremit- Pinocchio pointed nose, glistening police but- meltdown will be felt most acutely by the tingly depicted the miners as violent mind- tons and pips and a flat inspector’s cap. A very same communities who took a stand in less pickets hell-bent on riot. And this was snowman neatly modelled upon the figure of 1984, and once again there has to be a col- the charge brought against many of them at a self-possessed Chief Supt whose normal lective movement which grasps the opportu- Sheffield Crown Court before the aptly practice was to inspect his troops as if it were nity to re-evaluate the needs and priorities in named HHJ Cole. Needless to say nothing the parade ground at Sandhurst. As usual he the context of a fragile environment and a could have been further from the truth which arrived in his immaculate police Range threatened planet. was established during the trial when the Rover and wasted no time in demanding the It was with this in mind that the People’s prosecution case was torn to shreds and col- immediate removal of the offending snow- Charter was launched at the House of Com- lapsed after 48 days. A blow by blow ac- statue. Not a single muscle moved. After re- mons on Wednesday 11th March 2009. count was recorded by a defendant I peated demands had fallen upon deaf ears he Members of the Haldane Society, as they did represented, Bernard Jackson. He was a 43- decided that it was time to close the show. during the miners strike, played a prominent year-old craftsman miner and President of He would do it himself and teach everyone a role in this initiative. The aims of the charter Wath Main NUM. His book, co-authored lesson. He mounted his four wheeled stal- with Tony Wardle, is also entitled The Battle lion, revved up the engine, and charged. Still for Orgreave. no one moved because they all knew some- by The battle itself was incredibly one-sided. thing he didn’t. The snowman had been care- Michael The police had arrived in large numbers. fully constructed around a concrete bollard! There were long shield units; short shield It is not clear how the Chief Supt managed to Mansfield units including snatch squads; riot squads explain the vertical indentation running from (some of whose overalls had no identifying bonnet to bumper and rendering the Range number as at the G20 demo); mounted Rover immobile. police some of whom had long staves and An apocryphal story from 1984 and an police dogs. They had a plan, currently de- allegory for the might of the state against a scribed as corralling or kettling, to surround solid mining community. This solidarity are simple, to create a movement with over the protesting miners by herding them into a would have succeeded had it not been for a one million people in the United Kingdom field above and beyond the Orgreave coking fatal lack of support from elements within signing up to six key principles: ‘a fair and plant. At the bottom of the field, slowly the TUC and Labour Party leadership. The just Britain; a future without war; more and moving up would be lines of long shield of- strike was not about pay and conditions, nor better jobs; decent homes for all; improved ficers. On the right-hand side was a road was it about some fantasy from the fevered public services and a fairer economy for a along which mounted police could swiftly be brow of Arthur Scargill as the tabloids would fairer Britain’. deployed, and to the left was a field in which have it. Instead it was a struggle for the very It has been obvious for some time that the more mounted police together with dogs had survival and fabric of ordinary decent com- credibility gap between government and been positioned. The top of the field was munities. For the Tories however this was a people has been widening to almost cav- bounded by a deep railway cutting which clearly planned confrontation between capi- ernous proportions. Alienation and political made any escape extremely dangerous. The tal and organised labour, a necessary pre- exclusion is felt across the board, especially rest is history. condition for the establishment and amongst the younger generations who find But it wasn’t just on the battlefield that supremacy of a laissez-faire economy. The far more inspiration and vision from the new tactics were being practised. Roadblocks Ridley report, commissioned by Margaret manifold activities of single issue pressure were set up in Yorkshire, Nottinghamshire Thatcher and drawn up by MP Nicholas groups. These effective forces must be har- and as far afield as Kent in order to prevent Ridley whilst in opposition, was a plan to nessed and co-ordinated to bring about the free movement of protesters. What hap- combat enemies of the next Tory govern- change. pened at these roadblocks was often unlaw-

ment. Those enemies were identified as aris- The mobile police squads and new style ful. One occasion was captured by Yvette L ing within the coal industry and the unions. public order policing tactics were tested and her film crew when compiling another

Socialist Lawyer G June 2009 I 17 L documentary called Taking Liberties. They were on their way to film a picket line in Nottinghamshire. The police who stopped them could not make up their minds about the basis upon which they had made the stop. Running out of ideas they finally or- dered the film crew to turn around, threat- ening that if they failed to do so they would be arrested for obstructing the police in the course of their duty! Almost a complete replica of this situation was experienced by protesters travelling to Fairford airbase in re- lation to the war in Iraq. They were stopped en route, imprisoned in their coaches, and es- corted back to London by a posse of police motorcycles. This too was unlawful as found eventually by the House of Lords. It too was captured on film and by sheer coincidence is the opening sequence of another documen- tary entitled Taking Liberties produced by another independent company – Revolver. These films provide an important public service by exposing malpractice but at the same time there is an equally important point about the necessity for recording malprac- tice. One of the most significant ways in which we were able to undermine the prose- cution case in the Orgreave trial derived from the critically useful material collated by an independent observer group in Sheffield called Police Watch and from a multitude of photographic material assembled by profes- sional photographers, independent observers and protesters. The most dramatic example of this was a miner with a video camera who had secreted himself up a tree and was unseen by police below. He was able to record an utterly disgraceful arrest, in which a snatch squad of three short shield officers targeted a perfectly innocent miner, pinned him to the ground and then dragged him to- wards police lines by means of an arm lock round his head and neck. After this I helped establish with a number of other lawyers an ad hoc legal ob- servers group – LOG. This was used during the Wapping dispute. Lawyers identified by fluorescent bibs and the acronym LOG The Tories wanted would accompany marches, demonstrations and meetings in order to monitor incidents. They would operate in pairs, one watching and making a mental note in preparation for to smash the NUM any subsequent report, and the other carry- ing a means of record either a note pad and pen or a camera. It is clear that it was the by Davey Hopper he 1984/5 miners’ strike played a very production of film and photographic mater- significant role in my life because ial in relation to G20 which has led to a Par- when it started I was the union Secre- liamentary inquiry and a criminal Ttary at one of the biggest collieries in investigation. Britain, Wearmouth Colliery in Sunderland, There needs to be therefore an immediate which at that time employed nearly 3,000 reappraisal of the new offence created by sec- men. tion 76 of the Counter-Terrorism Act which The strike was really inevitable: the criminalises ‘eliciting, publishing or commu- Thatcher government had prepared for a nicating information on members of the number of years a strategy to take on the Na- Armed Forces, intelligence services and tional Union of Mineworkers (NUM) be- police officers which could be useful to some- cause the Tories had to smash organised one committing or preparing an act of ter- labour in order to bring in the free market rorism’. Given potentially what is embraced economy they so desired. Unions had to be by the breadth of this section and the fact seriously weakened in order to drive down that there does not have to be any intention wage costs for the UK to compete on a global to promote or assist terrorism, the mind bog- scale, and obviously, as the NUM was at the gles about how this ever slipped by our forefront of the trade union movement in beloved democratic representatives. Britain, it was the major target. G Mike Mansfield QC The dispute was not merely an industrial

18 I Socialist Lawyer G June 2009 Labour Party not to support the miners. Both Norman Willis, the General Secretary of the TUC, and Neil Kinnock, the leader of the Labour Party, played thoroughly dishon- ourable roles during the dispute. Kinnock never appeared on a picket line until the strike was nearly finished, despite being a Member of Parliament for a Welsh mining constituency, and it would only have taken a call from Willis to levy the millions of mem- bers of the TUC to force Thatcher to the ne- gotiating table. Alas, this did not happen. Despite the actions of these so-called lead- ers of the working class, there was a tremen- dous amount of working class support for the miners and a lot of trade unions risked the wrath of the law by lending money to the NUM when our funds were sequestrated. In hindsight it is obvious now that the miners would never have been allowed to win this battle. The whole state system was to be used against the miners, really com- Jones J held on 12th November 1984 that mencing in June at the Orgreave coking plant the area strike called precisely in accordance where thousands of police were used in a with area rules and approved by the NEC paramilitary fashion to charge and beat pick- was not lawful because it was part of a na- eting miners. Horses, dogs, truncheons, tional strike which required a national ballot! shields and real vicious brute force were However, despite all of these and many thrown at defenceless miners, the whole in- other fabrications, the vast majority of cident filmed by the media. Yet not one British miners held firm in their resolve to police officer was ever charged with violence. fight for the future of their industry, their Could this have been because the BBC tele- communities and families. vision coverage showed miners throwing This fight has proven to be right, because stones at the police lines on the six o’clock here today even the Tories are agreed we as news, when in reality, as the BBC admitted a a nation need to utilise the millions of tonnes NUM number of years later, they inadvertently got of coal that lie beneath our shores. Because president the footage wrong? It was really the mounted we need security of energy supplies coal will Arthur police who made the first charge in to the be mined again in Britain. Scargill at a pickets. Surely this was state control that We have witnessed the result of Thatcher’s mass picket would have been fully approved by any dic- vindictiveness: our communities have been tatorship or eastern bloc regime? devastated, our youngsters are nearly all em- The attacks on the miners continued, the ployed in meaningless jobs, unemployment pickets were arrested on all manner of in our villages is at obscene levels, there is no trumped up charges, with magistrates then job security, no dignity and drug substance used to put severe restraining orders on these abuse is at alarmingly high levels. pickets. Many were jailed using archaic and The saddest thing I believe is the way the one, it was a battle against the Thatcher ide- obsolete laws and charges. The mining com- British public were conned by the propa- ology and the Tory party who were prepared munities and villages were under police siege, ganda of Thatcher. She even told lies to Par- to close down the whole of the British coal a ring of steel was put around the county of liament along with many of her ministers, industry in order to beat the NUM. Nottingham to stop pickets getting to their and sadly the British people bought it. They The National Coal Board (NCB) under fellow miners to seek their support. There were conned into not supporting the British the ‘hatchet man’ McGregor, who had re- was phone tapping, surveillance, intimida- mineworkers at our time of need. cently been appointed by Thatcher, was clos- tion. The state used every conceivable If we had been successful we may not ing collieries at an alarming rate. There was method, some strictly illegal, to defeat the have seen so many of our young men and little or no consultation with the union over miners. women having to be maimed and killed in these closures and nearly all the agreed con- The manipulation of the press was also a what probably was an illegal war for oil in sultation processes were totally ignored. The disgrace, with false tales of Libyan and Russ- Iraq. Perhaps the current financial crisis may NCB was steamrolling ahead with its closure ian money supposedly being sent to Scargill not have occurred because the Tories would programme and a conflict was unavoidable. and the issue of not holding a national strike not have relaxed control on the banking After much provocation the large York- ballot being raised time and again. This latter system. We shall never know. shire coalfield was called on strike in early point was a complete red herring: in 1977 However we cannot change the past - I March 1984 and other areas including the NUM had held two national ballots on believe that history will prove us correct. Durham soon voted to join the strike. There the introduction of incentive schemes, both I can only say that I have been privileged really was no alternative: we either resisted rejecting the introduction of these divisive to have been a coal miner and I believe that the closures or allowed the Tories and the schemes. When a right wing area challenged the 12 month dispute has made me a better NCB to butcher our industry and our com- the validity of these national ballots to over- person, certainly a more determined and en- munities. rule area decisions approved by the NEC, Mr lightened person and hopefully many more The strike took off but to their eternal Justice Watkins ruled on 21st December people who experienced it will feel the same. shame the Nottinghamshire miners refused 1977 that ‘the result of a ballot, nationally I have had the great honour of represent- to join the dispute and played into Thatcher’s conducted, is not binding on the National ing miners, their families and a great Union hands by dividing the union. This action, Executive Committee in using its powers’. If which still survives today some 25 years after which was very similar to the betrayal of the this was so, what use would a national strike the state, Thatcher and the Tories planned to NUM by the Nottinghamshire miners fol- ballot have been if areas were able to ignore destroy it. lowing the General Strike of 1926, gave the it? But in a case brought by a strike breaker G David Hopper, General Secretary, perfect excuse to the leaders of the TUC and against the Durham Mechanics, Kenneth Durham Miners Association

Socialist Lawyer G June 2009 I 19 The attack on the miners was a turning point

by John Hendy QC

o student of the second half of twen- whole to rally behind the miners. tieth century Britain could underes- Part of the weight of the Government timate the importance of the miners’ attack was through the law courts. Mike Nstrike of 1984-5. The fact that the Mansfield QC has written elsewhere in this labour movement did not succeed has had edition of the use of the criminal courts. I profound effects in Britain and the world. In shall focus on the civil courts. 1984 neoliberalism was just under 40 years The strike is always dated as having old, well established but far from being the started on 9th March 1984 when Yorkshire dominant ideology, even in the USA and UK. area NUM struck in response to a local NCB The attack on the miners was a turning point announcement to close Cortonwood on eco- in the triumph of neoliberalism in becoming nomic grounds – a reason that was made the ideology of government – in the UK and specifically impermissible by Plan for Coal. abroad. Ironically the disaster of neo-liber- In fact Polmaise pit in Scotland had been on alism is only too evident now, six months strike since February over a proposal to close into a world-wide recession, 25 years after that pit. There had been a national ban on the miners’ strike. overtime for some months of such effect that The attack on the miners clearly inspired the Central Electricity Generating Board the print workers in 1986 and the dockers in (CEGB) warned the Government that stocks 1989. The privatisation of the National Coal would not last the year. Board (NCB) led to the virtual closure of the There has been a suggestion that the British coal industry (though not to any sig- NUM made a tactical error in striking at the nificant diminution of the use of coal: 43 mil- end of winter but the criticism is absurd since lion tons imported in 2007 at a cost of over the timing of a defensive strike is inevitably in £2,000 million representing 72 per cent of the hands of the employers: was the NUM coal consumed in the UK). to abandon pits (and, indeed, the industry) The strike failed in its attempt to prevent threatened with closure without a fight? the Tory Government reneging on the long On 20th February 1984, The Observer established terms for colliery closure, the claimed that the NCB planned closure of 30 Plan for Coal. The reason for that outcome pits with the loss of 30,000 jobs. The NCB was simple: the weight of the resources com- dismissed the story as speculation. But on 6th mitted by Government and employers and March the recently appointed new NCB the failure of the labour movement as a chief, Ian McGregor, announced that 20 pits were to close in the next year with the loss of 20,000 jobs. This was a declaration of war on the miners. On 8th March the NUM national execu- tive committee (NEC) approved area strikes against pit closures for Scotland and York- shire and any other area prospectively. The NEC of the NUM had to approve NUM area strikes under the national rules for such strikes to be ‘official’. It resolved to do so by 21 votes to three. The NUM did not call a national ballot, necessary under its rules for a national strike. This was not a decision of the NUM leader- ship, Scargill, Heathfield and McGahey; it was a decision of a national delegate confer- ence, binding on the leadership and the mem- bers. That did not affect the legality of the strikes called by NUM areas lawfully, in ac- cordance with their own rules and approved by the NEC. The NUM was, of course, a fed-

20 I Socialist Lawyer G June 2009 eration of unions and not a single union. Its productive in the extreme and would proba- NUM and its areas. These barred the use of structure reflected its history from the found- bly repel as many working miners as it would the word ‘official’ in relation to the strike and ing of the Miners’ Federation of Great attract. The whole concept of the operation the use of area funds on the illogical ground Britain in 1889. would be like the wartime Department of that an area strike in accordance with its own Other NUM areas took the decision Economic Warfare. In parallel with our De- rules became unlawful because not sanc- whether to strike in accordance with their partment of Strategic Warfare we would try tioned by a national ballot as part of a na- own rules. Derbyshire was split. Notts was to stimulate actions which would cost tional strike. The NUM was put first into overwhelmingly against a strike. Within a Scargill so much money that it would reduce receivership (Clarke v Heathfield) and then fortnight 80 per cent of miners throughout his ability to finance flying pickets. It was the into sequestration (Taylor and Foulstone v country were on strike. success of this area of operations which was Yorkshire Area). Each area had its own so- On 14th March the NCB sought an in- to progressively tie the NUM up in knots and licitors (many represented by Thompsons) junction against Yorkshire picketing which ultimately may well have been the single but the NUM nationally was represented by was granted on 20th March. However, the most important factor in bringing about an Seifert Sedley, in particular by Mike Seifert, injunction was never enforced or relied on end to the strike.’ Sarah Burton and Jane Deighton who did a and the NCB did not intervene legally again. McGregor engaged an agent (David Hart) truly magnificent job. The NUM survived Instead another stratagem was employed. to travel the coal fields recruiting working this onslaught, though we were almost con- As McGregor wrote in his account of the miners and gaining funding from sympa- sistently unsuccessful in every hearing of strike:’[…] I started thinking how I too could thetic businesses and other bodies to institute what ended up being 18 months full time assist in supporting the [working miners] legal actions against the NUM and its area and exclusive work for the miners.

with their legal actions without being directly unions. In consequence there were numerous The litigation generated by the strike L involved. Any NCB action would be counter- sets of injunction proceedings against the went on long after the strike ended. The

Socialist Lawyer G June 2009 I 21 L sequestration of the NUM was not lifted the use of receivership in a trade union. In- the passing of the Trade Disputes Act. This is until November 1986 and the receivership dustrial action ballots and notices had been notwithstanding that these restrictions are in not until June 1986. There was litigation introduced in the Trade Union Act 1984 but breach of international treaty obligations rat- consequent on the creation of the UDM, and did not come into effect until after the min- ified by the UK, as the supervisory bodies arising from the NCB’s discrimination in ers’ strike. But the Employment Act 1988 have often told this and all previous govern- favour of the UDM over the NUM. Legal was the Government’s response: the Com- ments since 1989. advice was needed in 1990 when Scargill and missioner for the Rights of Trade Union Working closely with the miners in their Heathfield were faced with outrageous and Members, increased members’ rights to chal- heroic struggle was a special privilege. The false allegations of misappropriation of huge lenge union expenditure and discipline, ex- sacrifice of their families was immense. Their sums from Libya and the Soviet Union tensive rules for the election of senior officials leaders were some of the most impressive, during the strike. It was two years before and executive committees, inspection of long thinking and principled people I have their names were cleared. In 1992 Mr Hes- union books, bar on indemnification of ever met. The criticisms of the leadership at eltine proposed the closure of 30 pits to com- members’ fines, and so on. Thereafter the the time and in the 25 years since are wholly plete the Tory attack on the miners. We Tories introduced another half dozen anti- unconvincing. What tactical and strategic challenged the process successfully by way of union Acts. New Labour has maintained the room for manoeuvre that was available was judicial review. 500,000 people demon- tight regulation. fully exploited. The fact is that the strike was strated in Hyde Park – public sympathy for We have now ended up with a state of the almost won in the winter of 1984-5. The the miners had not abated but the closures law correctly described by Tony Blair in weight of forces against the miners was and were merely deferred. March 1997 as leaving ‘British law the most is obvious. As lawyers we were always The miners’ strike, of course, was the restrictive on trade unions in the western aware, for example, of the surveillance of anvil for new anti-union laws. The common world’. British trade unions and trade union- state security. It was a sensible precaution to law developed the interim declaration, and ists have fewer rights now than in 1906 after hold consultations in taxis and walking Southall: solidarity with samosas

by Pragna Patel

he 1984/85 miners’ strike attracted Blair Peach – died at the hands of one or support from many different corners more police officers of the Special Patrol of this country. In Southall, amongst Group in circumstances which have never Tactivists and ordinary people alike, been properly investigated. This was a there was visible support for the striking memory frequently invoked in the support miners, their struggle for the right to work, shown by that very same community for the and their right to defend their communities miners’ strike. in the face of state repression. For us, as black anti-racists and feminist Southall has its own memories of battles activists working in Southall, the miners’ against the state, so clearly symbolised by the strike represented a moment in history that death of Blair Peach who died in the midst of was pregnant with the possibilities of forg- the anti-racist mobilisation in 1979. That ing unity between black and white people was a seminal moment in its history when, in against inequality and injustice. We tried to a relatively rare act of unity, the predomi- seize that moment. We recognised that there nantely Asian community – men and were immediate points of connection be- women, young and old – came forward to tween our struggle against racism – on the defend itself against the National Front and streets, in workplaces and in state institutions man, not known for any recent gestures be- a police force which was intent on protecting – and the miners’ struggle in their workplaces traying any socialist values – came to the fore the rights of the fascists to march and hold and in their communities. Perhaps the most with his ability to get his business contacts meetings in ‘our’ community. Hundreds of obvious point of connection between us was to public meetings at which the doors would Asian youth were arrested, and one man – the fact of police brutality. Margaret be locked until and unless they made sub- Thatcher’s decision to use the full might of stantial contributions in money or kind. It the state to crush the miners’ strike politi- was he who tirelessly traipsed up and down cised and militarised the police response in a the streets with us, persuading and even forc- way which was readily understood by many ing shopkeepers to give food or other gener- in black and Asian communities. ous provisions. And people gave generously, The public meetings that we organised in from tins of baked beans to crates of samosas Southall often involved an unholy but pro- and even crates of whisky which accompa- ductive alliance between socialist activists nied us on our solidarity delegations to the and Asian business entrepreneurs who pro- mining communities in Kent and Yorkshire, vided the necessary resources (no doubt where we were received with some consider- through a sense of residual solidarity borne able incredulity. out of their previous incarnations as trade Those delegations to Kent and Yorkshire union activists and communists). Those busi- provide the most poignant memories, in- nessmen gave us a lesson – Indian style – on volving not just black activists but also many how to organise support. One in particular – ordinary Asian women and children from an enterprising if slightly eccentric business refuges where they had sought sanctuary,

22 I Socialist Lawyer G June 2009 round the squares of Lincoln’s Inn. Seumas rota so that there was always at least one role in securing justice for some (at least) of Milne’s book, The Enemy Within, gives an woman lawyer in the car. Cars with men the poor and oppressed, there is always a sat- idea of the extent of covert state interference. only – even wearing lawyers’ suits – were as- isfying pleasure in being on the side you like At the end I felt that we lawyers had done sumed to be pickets and were, without ex- or support. For me it was, and remains, a a good job. We had prevented the union been ception, refused entry to Nottinghamshire on very great honour to represent the NUM. tied up in legal red tape. It did continue to weekday mornings. Now with the Legal Services Act 2008, the function to the end. It was not the legal The long rota list of Haldane volunteers independence of the Bar and with it the cab process that defeated it. was very effective and very hard worked. rank rule and access to the best advocates is During the strike the Haldane Society Em- Magistrates Courts in Nottinghamshire (and finally to be destroyed – another legacy of ployment Committee was extremely active, elsewhere) sat till late in the night imposing the failure to resist neoliberalism 25 years meeting weekly. Apart from raising funds, its bail conditions and dispensing ‘justice’. ago. greatest achievement was setting up a legal I fully supported the miners as did the Like millions of others, on 4th March service in Nottinghamshire where those on Haldane Society and millions of ordinary 1985 I watched on TV the men, and the strike ceased to have any support from their folk. We all felt it was a principled struggle banner and the band from Maerdy march- area union (which became the UDM). The against the worst excesses of Thatcherism ing back to the pit at the end of the strike service was centred on Ollerton Miners Wel- and the preservation of the industrial and and I wept. fare. A full time co-ordinator was appointed social concord on which had rested stability, G John Hendy QC (Standing Counsel to the and was answerable to the local strike com- and a degree of social equality and mobility NUM, though writing in a personal capacity; mittee. Volunteer barristers and solicitors since 1945. member of Old Square Chambers; Visiting went up daily. Since every road into Not- Whilst I believe fundamentally in the cab Professor in the Department of Law, King’s tinghamshire had a police road block to pre- rank rule for barristers which has played an College, London; Chair of the Institute of vent pickets it was necessary to organise the important (though obviously incomplete) Employment Rights)

A Black workers’ delegation on the miners’ picket lines during the strike. The photograph was taken by Ammy Phull (the great banner was by Shakila Maan).

anti-Rushdie march on the one hand and on the other an equally angry but smaller group of white fascists who came upon us as an easier target, we sought inspiration from the courage we had witnessed during the miners’ strike. Ironically, at that point, it was the police who provided us with some protection from the hostility that was directed at us. It would be easy to paint a romantic pic- ture of the nature of the solidarity that ex- isted between the mining communities and black communities during the miners’ strike. The solidarity was momentary and not be- tween entire sections of both communities. But there were genuine attempts to forge al- liances between the different struggles in which we were involved – alliances which tried to confront, not just state oppression, but also those internal divisions of power within our communities which give rise to having fled their own communities due to people in general and Asian women in par- other forms of oppression and inequality, domestic violence. The feminists amongst us ticular. In turn, we know we came back, not and therefore questioned notions of commu- were keen to show that the struggle for ‘our’ only with the songs and chants of solidarity nity and community representation. We communities necessarily involved the strug- that we learnt on their picket lines, but also sought to demonstrate that issues such as the gle for women’s rights – another point of a sense of their plain and simple courage in right to work, police brutality, racism and connection this time with the miners’ wives the face of great adversity. women’s rights are all aspects of the same who formed ‘Women Against Pit Closures’ Those lessons came to be put into prac- struggle for equality and justice, and that we The arrival of coach loads of black people, tice in later years when, for example, we cannot win any of those struggles at the ex- including Asian women, with our food and found ourselves standing up to the anti- pense of other vulnerable or powerless sec- our music, in mining communities where few Rushdie demonstrations in 1989 with tions of our communities – which is why had encountered black people or eaten Asian Women Against Fundamentalism, a small progressive alliances are necessary. I do not food before, must have been a sight to group of black and white women who came know whether or to what extent we suc- behold. Sitting in their working men’s clubs, together to oppose racism and to assert the ceeded. What I do know is that in facing pre- drinking and chatting, both sides were rights of women to control their own minds sent and future challenges, we should not acutely conscious of the fact that we had oc- and bodies in the face of the alarming rise of forget these attempts to build a politics of cupied parallel worlds until that point. We fundamentalism in all religions. So, the song solidarity – there are lessons to be learnt. would like to think that our involvement as ‘Arthur Scargill walks on water…’ became G Pragna Patel (founding member of the Asian women might have helped, not only ‘We are women who walk on water/we are Southall Black Sisters and Women Against by showing our solidarity for communities fighting for the future of our sons and daugh- Fundamentalism, she has worked as a coordi- which were otherwise under siege, but also to ters...’. And, confronted by the angry and fa- nator and senior caseworker for SBS from dismantle their stereotypes about black natical male demonstrators on the 1982 and is currently the chair)

Socialist Lawyer G June 2009 I 23 ing me on the platform insisted on getting photographs taken alongside me and took It changed our home every Sinn Fein badge I had. One of them could not hide his glee at being able to show off the pictures and badges to his cousin when he got home. His cousin was view of the British the infamous Roy Mason who they said had insisted in bringing his Special Branch body- guards into their meetings when they were trying to organise flying pickets. I think at by Gerry MacLochlainn, Sinn Fein that time he was more hated by his fellow Yorkshire NUM members than he was in or many people in Ireland the miners’ stated he could not understand that people Derry and Belfast. Strike was a major political episode gave so much when they had so little and it It was in the few years that followed the that changed the relationship between was the army from his country who was op- strike that the monolithic British state atti- FBritish and Irish people forever. Prior pressing these same people. As he sold his tude to Ireland began to crumble, and I to that, Republicans, facing the might of the ‘Dig Deep for the Miners’ stickers around the cannot believe this is coincidental. The British state, would shout about the com- bars he was given a rousing welcome in every hunger strike had already shattered the illu- munity of interest between British working Republican bar he visited. People explained sion that Britain was involved in a struggle class people and oppressed people from other that the struggle for freedom in Ireland was with criminality in Ireland and within a short countries. But to be honest, this was not the same fight as the right of working class time we would see the state conspiracy that much more than left-wing rhetoric as the best miners to work and have proper pay and jailed the Guildford Four and Birmingham chance we had of running into a member of conditions. Six fall apart. A few years later the Tories the British working class here would be as he We heard stories of miners, who had sons would be forced into dialogue with Sinn Fein patrolled our streets in a British Army unit. in the British army in Ireland, reaching out to and the peace process would start putting But during the strike it became obvious support Ireland’s right to independence, down roots. By 1994, just 10 years later, the that the British state really had as little con- telling us: ‘We can see your side of things for first IRA cessation was announced and we cern for its own working class as it had for the first time’. Others would tell of seeing rel- could see the beginnings of the end for this Irish, Black, Asian or other people who had atives in the British Army who were sup- long war and the opening of a political way been victims of British Imperial expansion posed to be serving in Ireland or elsewhere forward to establish freedom for Ireland and over the centuries. Nightly we could see, on appearing in police uniforms on foot, horse- normal relations between our two countries. our televisions, reports of mass police raids, back and with dogs charging 10,000 pickets I am sure that many of the people in road blocks and baton charges, secret sur- at the decisive ‘Battle of Orgreave’. It looked Britain who played their part in bringing this veillance, and whole communities being as if the violence that engulfed us in Ireland about were educated in the nature of their placed under siege. Not new to us but this was about to spread throughout Britain as state by the treatment of the miners in 1984- time it was British people who were facing Thatcher referred to the ‘enemies within’ and 85. They campaigned to ensure that future what we had grown up with. set about using the whole strength of her governments would talk to Republicans and Soon we would welcome teams of striking state to smash a union that the Tories had agree the abandonment of British claims to miners into our homes and communities as hated and feared since that same union Ireland, allowing the emergence of peaceful they travelled to tell their story and to col- brought down the Heath government. politics on this island and between this island lect funds to feed their communities as the During that time I was privileged to rep- and Britain. strike stretched over the months. One of the resent Sinn Fein at a large ‘Black People Sup- G Gerry MacLochlainn (a former political most memorable images of the miners’ strike port the Miners Rally’ in the Greater London prisoner in England and Sinn Fein representa- was of miners who had travelled to Ireland Council Chamber, alongside representatives tive in Britain on his release from gaol in 1984 standing crying openly at the generosity of of the ANC and the PLO. The hundreds until his return to his native Derry where he is the Republican people as they collected in jammed into the hall cheered to the rafters now a councillor. For his support of the miners’ areas like the Bogside, Ballymurphy and as I was called forward to speak on behalf of strike he was awarded honorary membership South Armagh. One miner who visited Derry Sinn Fein. The two Yorkshire miners flank- of the South Wales and Yorkshire NUM areas)

24 I Socialist Lawyer G June 2009 and as is said so often, things will never be the same again.’ It changed miners’ The Lothian Lesbian & Gay Miners’ Sup- port Group was set up in September 1984 with 12 members raising £40 a week for the White Craige strike centre in East Lothian. views of gays Lesbians Against Pit Closures, London, followed in November 1984, involving more efore the miners’ strike it would have where Bronski Beat headed the bill; it raised than 20 women. They collected £50 a week been very hard to imagine a minibus £5,650. At the benefit David Donovan, a for the Rhodisia Women’s Action Group, driving round Dulais Valley in South South Wales miner, said: Worksop, and said: ‘Women’s activities in the BWales with the slogan ‘This vehicle ‘You have worn our badge, ‘Coal not strike are obviously a major influence on us.’ was donated by the Lesbians’ and Gay men’s Dole’, and you know what harassment The lesbians’ and gay men’s support for miners’ support group’ painted on its doors means, as we do. Now we will pin your the miners received good coverage in the left- and dashboard. But, like many who sup- badge on us, we will support you. It won’t wing and trade union press. At the lesbians’ ported the miners, the solidarity showed by change overnight, but now 140,000 miners and gay men’s ‘fringe meeting’ attended by the lesbian and gay community changed the know that there are other causes and other some 250 people, at the October 1984 way it, and the lesbian and gay struggle for problems. We know about blacks, and gays, Labour Party conference, the NUM (which equality and basic rights, was viewed by the and nuclear disarmament. And we will never had dominated the conference) sent the fol- miners for years to come. be the same.’ lowing message of support: In July 1984, the first Lesbians’ and Gay The existence and activity of the various ‘Support civil liberties and the struggle of men’s miners’ support group was set up in groups showed that many lesbians and gay lesbian and gay people. We welcome the links London and grew to 50 members within six men supported the miners. As the Southamp- formed with South Wales and other areas. months. Responding to a survey carried out ton group remarked in their response to the Our struggle is yours. Victory to the miners.’ by the Labour Research Department, they said Labour Research Department survey: And the Notts Women’s Support Groups, that the formation of the group was ‘one of ‘Our best personal experiences were to whom the London Lesbians and Gay Men the most important positive developments in meeting miners who came to the city from Support the Miners Group gave £250 in De- London’s lesbian and gay community in 1984’. Abercynon. After coming down here repeat- cember 1984, wrote: By February 1985 there were eleven les- edly and meeting politically active socialists, ‘I am writing on behalf of the Notts bians’ and gay men’s miners’ support groups seeing them collect money, food and cloth- Women’s Support Group to express to you all over the country. The London group alone ing and generally working in support of the our gratitude for the support and solidarity had collected over £11,000 over six months strikers, their attitudes were forced to change you have shown in forming the Lesbians & through a mixture of pub, club and street col- just by their own experiences, because they Gay Men Support the Miners Group. We also lections, benefits, parties and other events. know we are just ordinary people, and extend to you our total solidarity and sup- The highlight event was undoubtedly the ‘Pits people who support their struggle […] port in your struggle against all forms of op- and Perverts’ gig at the Electric Ballroom They’ve had to change a lot of their attitudes pression and prejudice on the grounds of sexuality. Our struggles are part and parcel of the same fight. In particular we are deeply grateful that you have consistently kept us in- formed as to your activities and have materi- ally contributed to support groups in order that the dispute can continue to victory.’ G This article has been adapted from an article taken from Solidarity with the miners: actions and lessons from the Labour Research Department’s survey of over 300 miners’ solidarity groups, August 1985, Labour Research Department.

Socialist Lawyer G June 2009 I 25 he Great Miners’ Strike, which started in March 1984 and ended in March 1985, was the longest indus- Haldane Society: Ttrial action in a national industry cov- ering the whole of a country in the history of capitalism. It was also undoubtedly the most bitterly fought industrial dispute in Britain in our finest hour... the second half of the twentieth century. The strike was deliberately provoked by the Tory Government led by Margaret Thatcher. This was partly motivated by re- venge for the defeat by the miners of an ear- by Mike Seifert lier Tory Government led by Ted Heath and partly as the first and potentially the most telling blow in the Thatcher Government’s attempt to discredit and disarm the whole trade union movement. The strike was also notable for the bitter- ness of language on both sides. The NUM knew that this was a politically motivated attack on their union and on the whole trade union movement and they were prepared to fight to the bitter end. Thatcher, typically, upped the stakes by comparing the miners to the Argentinean army during the Falklands war. ‘We have defeated the external enemy,’ she declared, ‘now we will defeat the enemy within’. The struggle was so intense and so bitter that there was tragically (but not entirely un- expectedly) a widespread loss of nerve in the leadership of the Labour Party and among many trade union leaders. Things got so bad that people who had been colleagues over many years severed all relations which were To put it into context. The Nottingham strikers. The Chief Constable of Notting- never resumed. For example Jim Mortimer, coalfield was the second largest after York- hamshire became a watch word for anti- the General Secretary of the Labour Party at shire. But unlike Yorkshire the Notts area union right wing politics in the police thereby the time, was a fervent supporter of the NUM suffered a disastrous split with a large encouraging the most violent, illegal behav- miners and their struggle. The leader of the majority breaking away and, after a number iour by his officers against the picket lines. Labour Party, Neil Kinnock, refused to sup- of major legal battles, seizing the assets and At the very beginning of the strike I was port the miners and Jim was from then on property of the area NUM. This left a mi- asked by the NUM to negotiate with the unable to be anywhere near him without nority (albeit of several thousand) who con- Chief Constable and a meeting was arranged feeling physically sick. tinued with the strike to the very end. These at his fortress-like premises in Nottingham Inevitably, the opponents of the strike had brave miners and their families in many ways Forest. I had dealt with some of the most to shelter behind a myriad of excuses – the faced the sharpest struggle of all for a brutal senior police officers in the country – most common of which was that the NUM number of reasons. such as the notorious Commander Bond of had not held a ballot. Without going into the Not only were their assets seized by the the Special Branch, a violent man to whom constitutional niceties this was nothing more strike breakers but they faced the most savage lying was second nature. But my treatment in than a sham – a smoke screen to disguise and concerted police action of any group of Nottingham when I remonstrated with the their fear of mass action by workers. In a Chief Constable about the illegal violence nutshell, you were either for the miners or used by his men against perfectly lawful pick- against them: there was no room for sitting ets, was extraordinary. Suffice it to say that on the fence. when I refused to accept his anti-union In this fraught atmosphere the Haldane polemic and argued back, quoting the law at Society played an outstanding, honourable him in front of his senior officers, he threat- role. The Society gave unstinting support to ened to personally throw me out of the the miners in their struggle. premises. He was a large irascible man and Individual members of the Haldane Soci- had to be restrained by the intervention of ety worked tirelessly in the criminal and civil two of his senior officers. courts all over the country on behalf of the The violent almost fascistic attitude and miners. Payment was very much a secondary behaviour of the Chief Constable permeated consideration. It would be invidious to name the whole of the police force in Nottingham. individuals as every Haldane member did Dozens and later hundreds of miners were what they were asked to do and no member beaten up on the picket lines and dragged – so far as I am aware – shrank from doing before the courts. whatever was asked of them. At first, my law firm (Seifert Sedley) was Perhaps the most outstanding achieve- able to deal with these cases. Young solici- ment of the Society as a whole was the tors and trainees, most notably Jane staffing from the early summer of 1984 to Deighton, Gracia Stephenson, Sarah Burton, the end of the strike some nine months later Jim Nichol and Steve Cottingham, went of what amounted to a law centre in Mans- from our office on a regular basis to Not- field – the hub of the Nottinghamshire area tingham. In spite of us later on sending other of the NUM – to serve the striking miners people from the firm such as Vicky Guedalla and their families. and Louise Christian, the increasing volume

26 I Socialist Lawyer G June 2009 of violent unlawful arrests and other legal problems made it impossible for one medium sized law firm to cope. No local solicitors were prepared to lift a finger to help the strikers and their families. At this point the Haldane Society rose magnificently to the challenge. Despite the calumnies of the right wing media and the pusillanimous attitude of Labour Party and trade union leaders, the Society was able to set up a legal advice centre in Mansfield for all striking miners, their families and sup- porters. I managed to organise professional indemnity insurance to cover the operation and Seifert Sedley also covered all expenses and incidental costs, and some of the work. Jane Deighton in particular was part of the Haldane team up to the end of the strike. The Haldane members defended pickets in the criminal courts and pursued claims against the most brutal of the police officers in the civil courts. Just as importantly for keeping the strike going and on a human level, Haldane members advised about claim- ing maximum benefits to feed the families after Thatcher had shamefully slashed social security entitlements for strikers. Advice on housing and a whole host of other matters (including even defamation) was provided by Haldane volunteers. For our pains, Seifert Sedley (who for technical reasons had to front the Haldane law service) were subjected to a barrage of complaints to the Law Society from local law firms, none of whom were prepared to give any assistance whatsoever to the strikers. The complaints of professional misconduct included poaching clients by undercutting fees (i.e. the Haldane giving free legal advice) and advertising for clients by circulating striking miners with details of where they could obtain free legal advice. I attended the Law Society on several occasions in order to defend our position and was able to fend off allegations of professional misconduct. No account of the Haldane Legal Advice Centre in Nottingham during the strike would be complete without touching on the extraordinary personal friendships which de- veloped over the months. The learning process was inspiring, particularly for the lawyers but also for the miners and their families. For example, when Gracia Stephen- son went to Mansfield very few, if any, black women had been involved with the NUM and indeed with the mining communities. Her astute legal mind and considerable per- sonal charm rapidly allayed any doubts there might have been. But it was the Haldane members who learned most about class struggle and work- ing class solidarity in the teeth of a concerted and vicious onslaught. Those were truly unique and challenging times and the Haldane Society and its mem- bers memorably rose to the challenge. It should be a source of great pride to all Hal- dane Society members that when called upon to support the Notts miners who were under the cosh both physically and metaphorically, they rallied round without a moment’s hesitation. G Michael Seifert (one of the Vice- Presidents of the Haldane Society)

Socialist Lawyer G June 2009 I 27 Recent Haldane lectures and meetings have been lively and timely. Here we print an extract from Eamonn McCann’s lecture on ‘The Northern Ireland Civil Rights Movement 40 years on’ while Kat Craig reports on our meeting to commemorate the life of Rosemary Nelson GLOBAL GLIMPSE One of the loudest cheers I heard in the Bog- makes glancing reference to Belfast and side during the civil rights era came in response Bernadette Devlin, but clearly sees the struggle to the cry: ‘The whole black nation has to be in the North as having been a distracting put together as a black army, and we’re gonna sideshow. Commentators with a more acerbic walk on this nation, we’re gonna walk on this view of the 1968 events likewise consign racist power structure and we’re going to say Northern Ireland to the margins of what mat- to the whole damn government – “STICK ters. ‘EM UP MOTHERFUCKER, this is a hold- To insist on the relevance of global events up, we’ve come for what’s ours...”‘ then, is to venture onto ground which has been The declaration was the last item in the 10 little disturbed by the stomp of the standard- point programme of the Black Panther Party issue chroniclers who assume that Northern (BPP), enunciated in rich, booming R&B tones Ireland can be understood entirely, and cannot on the soundtrack of a film projected against be understood other than, in terms of Orange the gable which was later to become Free versus Green. Forty years on, this applies par- Derry Wall in the small hours of a riotous ticularly to the players and commentators who night. The cheer, I think, had as much to do marched lock-stepped towards the segregation with the liberating daring of the language as settlement of April 1998 – the ‘Belfast’ or with the sentiment of the slogan. But the reac- ‘Good Friday Agreement’: referred to only as tion did signal the extent to which young the ‘Multi-Party Agreement’ in the text – Bogsiders felt a connection, even a sense of hymning Harry Chapin’s 1972 hit – ‘Flowers fellow-feeling, with the Panthers, then under are red young man/Green leaves are murderous assault by the Feds and local police green/There’s no need to see flowers any other forces across the US. way/Than they way they always have been The fact that there was an international di- seen.’ Those who support a settlement which mension to the North’s civil rights movement allocates every citizen of the North to the has virtually been written out of history. In Orange camp or the Green camp and which part, this reflects the chronic insularity of Irish requires sectarian politics to continue to dom- historiography. But that cannot be the whole inate will tend naturally to present all that has reason. The North is scarcely mentioned in ac- gone before in Orange-Green terms. counts of 1968 generally. Tariq Ali, in his reg- The belief or hope of the left at the time had ular regurgitations of his ‘68 experience, been that we could paint the future any colour

28 I Socialist Lawyer G June 2009 Pictures: Jess Hurd / reportdigital.co.uk

we chose, that we were not fated merely to continue our history but could conquer it. We did not, of course. But it is a matter of record and still needs saying that, in Derry at least, the activists who triggered the civil rights cam- paign did not see themselves as Orange or Green, but of a hue which we believed would in time (and maybe not very much of it), oblit- erate the colour-coding of religious division which long had provided the template for Irish (especially Northern Irish) politics. We had had a glimpse – no more – of possibilities beyond the old limits of thought. Northern Ireland in that interlude fitted naturally enough into a thrilling narrative un- folding across the world. If the revolutionary perspective soon faded in the North, giving way again to the old conflict which advocates of communal politics felt comfortable with, well so did the conventional pattern of social democracy versus conservatism reassert itself across Western Europe. Republican and De- mocratic Parties in the United States resumed ritual contestation of the narrow ground be- tween them, Stalinism re-emerged in Poland, Hungary, Czechoslovakia, etc. Business as usual, up to a point. Now there are those in Northern Ireland who style themselves as anti-imperialists but who will not say boo to an arms company which fuels imperialist war for profit lest they make enemies of corporate America. When the Raytheon 9, members of the Derry Anti-War Coalition myself among them, occupied and ‘decommissioned’ the arms company’s Derry plant in August 2006 in a successful effort to disrupt production of military equipment being used in Israel’s assault on Lebanon, the main nationalist parties, the SDLP and Sinn Fein, self-proclaimed opponents of the arms trade and Israeli aggression, denounced the action because of the likelihood it would alien- ate US business and political interests which might otherwise take a positive approach to Derry’s economic needs and nationalist con- cerns. Opposition to imperialism and war profi- teering, like solidarity with the victims of racism in the 1960s, is subjected to the needs of ‘our community’ vis-à-vis ‘the other side’. Not that ‘our community’ benefited one bit in either instance although there are sometimes, of course, political and personal benefits for those who flip-flop into the arms of the US ruling class. To this extent, the flip-floppers can be said to have prospered. In contrast, the socialist adventurism of the late sixties is commonly said to have ended in personal and political disappointment and eventually to have been revealed as no more

than a brief flurry of sanguine naivety. But L that’s not the only way to understand the

Socialist Lawyer G June 2009 I 29 L period. The ideas of internationalism and US ruling class and gave a huge boost to the revolt from below which animated young morale of anti-imperialists everywhere. people around the globe 40 years ago are, I Martin Luther King was assassinated in dare say, more relevant in the globalised pre- Memphis in April. What followed across the sent than they were in the heady days of gas US was characterised in the media as ‘riots’. A and barricades in the Bogside. It is the current better word would have been ‘uprising’. Thou- sharp relevance of the global context which sands of young people stormed out from makes it imperative to see the Northern Ire- African American neighbourhoods to tear land events of the late sixties against the back- down symbols of the system and engage in ground of the war, tumult and repression hand-to-hand combat with the uniformed rep- which was raging across the world at the time. resentatives of oppressive authority. Many January 1968 saw uprisings in every city in moved away from the moderate politics of Dr. Vietnam and the seizure by the Viet Cong of King and turned towards the Panthers and part of the US embassy in Saigon. US soldiers other uncompromising groups. A few weeks battled for weeks to retake the ancient capital, later, at a sit-down protest on the lower deck Hue. Outside Hue, a US general uttered the of Craigavon Bridge, Roddy Carlin struck up immortal words: ‘We had to destroy the city in a chorus of the song most associated with order to free it.’ The fact that an army of poor King, ‘We Shall Overcome’. By the end of peasants could take on and push back the Roddy’s rendition, the crowd of a couple of forces of the greatest power on earth had a hundred (it’s a very easy song to learn) was shattering effect on the self-confidence of the singing lustily along.

Ten years after: remembering Rosemary ‘IF NOT M Rosemary Nelson was a solicitor in Lurgan, a ended and made no notes of what they had in a series of death threats – she had suf- small town in County Armagh, Northern Ire- witnessed before going off duty that night. fered continual verbal and physical harass- land. Much of her work was ‘bread and but- After the investigation into the attack had ment – directed against her and her three ter’ conveyancing and family law but her rep- been opened, further concerns arose about children, from both loyalist paramilitaries and utation in the community for being the close ties between the investigating offi- the RUC. During the last years of her life she committed to fighting injustice led to her cers and the suspects. One officer con- was told by various clients that RUC officers being instructed on some of the most politi- tacted a suspect by telephone, tipping him had made her the target of abusive, insulting cally charged cases of the time. Rosemary off about his imminent arrest. Family mem- and demeaning remarks. Her clients told her represented many defendants associated bers of the suspects provided false informa- that when they were interrogated by the RUC with armed sectors of the Republican strug- tion in an attempt to absolve them, but when the officers would often suggest that they gle, including members of the Provisional this came to light no action was taken by the should obtain another lawyer because she IRA, and others accused of terrorism. But police despite this deliberate attempt to per- would soon be dead. Rosemary was also Rosemary also acted for the Garvaghy Road vert the course of justice. Shortly after threatened directly by the RUC, and suffered tenants in their efforts to prevent the Orange Robert’s death the RUC started spreading physical assaults from individual members Lodge parade passing through their com- misinformation that he had died as a result of of the force. During a disturbance at the Gar- munity in a blatant attempt to provoke and a riot between two large groups. Robert was vaghy Road, where Rosemary heard an offi- intimidate residents. with one other male and two young women cer threaten a local member of the commu- Perhaps most notably, Rosemary repre- when he was attacked. nity and tried to intervene, she was grabbed sented the family of Robert Hamill who died Rosemary worked tirelessly to prove state by the officer, dragged into a crowd of other at the age of 25 after being repeatedly collusion with the loyalist paramilitaries but RUC officers, spat at, assaulted and called a kicked in the head in a sectarian attack in this tenacity and courage was at the even- ‘Fenian fucker’. 1997. Robert was walking home from a tual cost of her life. On 15th March 1999 In 1998, the United Nations Special Rap- dance when he was set upon by Rosemary got into her car and left porteur on the Independence of Judges and a large group of loyalists just her home in Lurgan. The car Lawyers, Param Curamaswamy, noted these returned by bus from a rugby exploded as a result of a car bomb threats in his annual report, and stated in a match. At the time, four mem- fitted underneath the car. Rose- television interview that he believed Rose- bers of the Royal Ulster Con- mary died of her injuries the same mary’s life could be in danger. He also found stabulary (RUC) were sitting in a day. A loyalist paramilitary group that solicitors in Northern Ireland were sub- car only 20 feet from the attack, claimed responsibility for the death, ject to systemic intimidation and harassment with the local (and well-manned) but her murder has been dogged by the RUC, and that there was a compelling police station only minutes away. by claims of collusion between her need for the Government to provide the nec- Despite repeated requests, they killers and the Royal Ulster Con- essary protection whenever the physical did not intervene or assist stabulary / British Army. integrity of a barrister or solicitor was threat- Robert. They did not declare a The weekend before her death, ened. He made various recommendations to crime scene after the attack had Rosemary had received the latest the British Government concerning threats

30 I Socialist Lawyer G June 2009 In May, Paris erupted. Students built barri- at the time, has been exposed in the interim as derstand those who struggle elsewhere along cades in the streets around the Sorbonne uni- sheer light-mindedness, charming in its way the same lines as ourselves not only as cam- versity and drove the police from the vicinity. and reflecting an era of innocence, but of no paigners we sympathise with but also and Factories and offices emptied as workers, relevance even in rhetorical terms to modern more importantly as part of the same move- against the urging of trade union leaders, material reality. There are few propositions ment pitched against the same force. struck in solidarity. The 10 million strong stop- farther than this from the truth. The point is made more sharply by consid- page which followed was the biggest strike ever Internationalism is more relevant today eration of campaigns against the widening in- in Europe. The notion of the struggle across than ever – not because anti-capitalists wish it equalities between the rich and the rest of us the world as historic, seismic, the defining clash so but because capitalism itself, the never- across the world. The crisis of capitalism of our time, was not entirely fantastical. ending source of our political ills, has never which shuddered the world in 2008 and Each upsurge of struggle sent out a flurry of been more integrated on a global scale. For so- brought the lines of class division into sharp sparks which helped ignite struggle elsewhere. cialists, the basis of internationalism has never relief is not amenable to solution in any one Everywhere some who had become involved lain in fellow-feeling with struggles which co- country – not even the economic super-power in protest politics on account of grievances incide with or parallel to our own – although America. The same banks, the same bail-outs, particular to their own community or group, the sentiment would be a start – but in under- the same interlinked issues. If we hold on to saw that they were not alone, either in the standing that because those who run the world the memory of 1968, draw out the lessons, the nature of their oppression or in the fight for its in the interests of the rich are organised across best is still to come. I overthrow. The last resort analysis of reformed countries and continents, so must opponents radicals and other respectable sorts has it that of capitalism be if we are to confront them in Eamonn McCann is a journalist and socialist this internationalist spirit, which might have appropriate array, in a formation which makes and was one of the founders of the Civil Rights struck even level-headed people as reasonable victory possible at least. We must see and un- movement in Derry

Nelson E: WHO?’ from police against lawyers, which were not els, and she was killed for saying it.’ When Rosemary’s inquiry has indeed proved to acted upon. asked why Rosemary continued her work in be entirely inadequate. Her family’s legal The killing of Rosemary Nelson occurred the face of such threats she is said to have representatives have no right to put ques- 10 years and one month after the murder of responded: ‘If not me, who?’ tions directly to the witness, undermining any Patrick Finucane in February 1989. In light of After years of campaigning, a public ability for tenacious questioning. Gareth this, it would be reasonable to expect that inquiry into Rosemary’s death was opened in Peirce expressed serious doubts about the governmental agencies would take a very April 2008 under the controversial Inquiries value of the inquiry at all. She called it ‘a serious view of threats to lawyers, particularly Act 2005. Amnesty International has asked tenth rate pretence of a public inquiry’ and those that were defending people charged members of the British judiciary not to serve added that it seemed a very long time to wait with terrorist offences. But when Downing on any inquiry held under the Act, stating that for a useless inquiry into the death of a Street and the Northern Ireland Office direc- ‘any inquiry would be controlled by the execu- woman executed with the help of the authori- tor of security, David Watkins, were warned of tive which is empowered to block public ties. This has done little to dispel assertions the risk to Rosemary’s life the only help scrutiny of state actions’. Peter Cory, the Cana- that Downing Street never wanted a truth offered was protection provided by the dian Judge commissioned by the British and commission because it would put the state source she said threatened her life, the RUC. Irish governments to investigate the possibility under scrutiny for its own sponsorship of ter- Jeremy Hardy, comedian and friend of of state collusion in six key cases, has also rorism, and expose the allegations that loyal- Rosemary’s, worked closely with her on the been highly critical of the Act. His investiga- ist hit squads were an auxiliary to the British Robert Hamill campaign. Chairing the Hal- tions resulted in a recommendation in 2004 security state. dane’s commemorative lecture at Garden that public inquiries be held into the deaths of It is clear that there is much left to be done Court Chambers on 16th March 2009, he Rosemary Nelson, Pat Finnucane, Robert to hold those responsible for Rosemary’s described Rosemary as a brave and cheer- Hamill and Billy Wright, a former member of murder, and the murder of many others, to ful woman who used the law to empower the Ulster Volunteer Force (UVF) and leader of account. And although the legal mecha- people. He explained that Rosemary always the extremist Loyalist Volunteer Force (LVF) nisms inquiring into Rosemary’s death paint strongly suspected she would be killed, but assassinated in prison by the Irish National a depressing picture of failures to expose that she would not be deterred from her Liberation Army (INLA) in 1997. Cory has collusion and the darkest workings of the work. Imran Khan and Gareth Peirce, who strongly condemned the Inquiries Act, stating state, Rosemary’s life was an inspiration for had both worked closely with Rosemary, that: ‘[I]t seems to me that the proposed new progressive lawyers, and all those who similarly praised her work. Gareth told of Act would make a meaningful inquiry impos- struggle for justice. The responsibility to face Rosemary’s integrity and bravery, going in sible. The Commissions would be working in this injustice without fear, regardless of intimi- and out of Long Kesh prison regularly, an impossible situation. For example, the dation and risk, is what made Rosemary Nel- despite the stigma attached to those repre- Minister, the actions of whose ministry was to son a remarkable woman and an excep- senting alleged terrorists. She also spoke of be reviewed by the public inquiry, would tional lawyer. I Rosemary’s efforts to expose state involve- have the authority to thwart the efforts of the ment in many of her cases: ‘Rosemary tried inquiry at every step. It really creates an intol- Kat Craig is editor of Socialist Lawyer and a to say there was collusion at the highest lev- erable Alice in Wonderland situation.’ solicitor at Christian Khan Solictors

Socialist Lawyer G June 2009 I 31 GAZA &ISRAEL’S WAR CR

he brutal attacks on Gaza illustrate Amira’s story the failure of international law. The ‘My name is Amira, I am 48 years old. I have law both failed to prevent Israel at- three children aged 19, 16 and 14. Every night tacking Gaza and also failed to pro- I doubt that tomorrow will come and I will see tect civilians and the civilian the light of day again. Living without electricity, infrastructure during the course of without water is not easy. We have been cut off Tthe conflict. Of 1,434 Palestinians killed in the from the world for three weeks now. The bombs invasion, 960 were civilians, including 121 during this attack are different to the ones that women and 288 children. Schools, mosques, we usually hear, their sound is so high, I had hospitals and government infrastructure vital never heard anything like it before this attack. for the functioning of society, were damaged Last night I could not make my legs stop shak- and destroyed as well as the power, water and ing, I was shaking because it is very cold, and we sewage systems. have nothing to warm us, only our clothes and The appointment of Richard Goldstone, blankets. But we don’t even have enough of the former war crimes prosecutor from South these as we are now sharing our house with our Africa, to head a fact-finding team into possi- neighbours who had to flee their own house as ble war crimes is an important step in the right it was bombed and completely burnt out last direction. Goldstone was one of 16 leading night. This is all adding to my state of anxiety. war crimes investigators and judges who had My neighbor is terrified, especially as she had urged the United Nations in an open letter, to to flee her home, she can’t sleep. We had to give launch a full inquiry into possible war crimes her a pill to help her sleep tonight. committed in Gaza, stating they were ‘shocked You know, since the siege began and the Is- to the core’ by events in Gaza. The question raelis stopped most things coming into Gaza, then is what happens if there are findings of we had to use our own electricity motors to war crimes? There is little prospect of any light up our homes. But since the war started prosecutions in the International Criminal we have not been able to buy benzene for the Court as any such move would almost cer- motors and so we haven’t had electricity. Just tainly be vetoed by the United States and prob- for a start this means that there’s been so many ably by the United Kingdom. Activist lawyers times I haven’t been able to charge my mobile using universal Jurisdiction, in countries such phone and this makes me furious as I feel so as Spain and in Britain may have more suc- isolated from the world. We also don’t have cess, even if it only succeeds in preventing the landlines as the phone lines in our neighbor- Israeli commanders from travelling abroad. hood were cut during the bombardment. We should support the struggle by the This is not a normal attack; this is an attack people of Gaza for accountability and justice, on all of us. I haven’t been out of the house yet, and that should include individual criminal but I am afraid of what I will see after this war prosecutions. It is vital that we remember and is finished. I keep thinking of all the people support those people whose lives were devas- who lost their homes – where are they going tated by the attacks. The story that follows is to go after the war is finished? Many of them just one of many testimonies gathered from are having to live in schools and this worries women living in Gaza during the brutal on- the families as well as the students who are sup- slaught. posed to study there. I imagine that the situa-

32 I Socialist Lawyer G June 2009 IMES: A WOMAN’S STORY Pictures: Ayman Mohyeldin Ayman Pictures: tion will be very difficult – more than my mind finish us all off once and for all, that this would can think of right now. I also keep thinking be better than living with the feeling of waiting about those who have lost somebody, a father, for my turn, or my children’s turn to die. I feel a mother, a sister a brother or whatever rela- that nowhere in Gaza is safe and that things tive, how can they be compensated? You can are even worse after they bombarded the UN never compensate for the death of a loved one. school that was shelter for the many families There is so much news, information and who fled or whose homes were destroyed. At small details that my mind has not been able to least 40 of the parents and the children who absorb. I’ll tell you the story of a friend of my were staying there were killed. On top of that son. His father was killed along with another the hospital was also attacked. So this means to six relatives from the same family. He was able me that there is no safe place at all, everywhere to recognise his father from the eye glasses his can and is being attacked. father was wearing; people are saying they were Last night was horrible, there was bom- burnt with white phosphorus. bardment during all the hours of the day and I feel that each one us is only able to see and night. It was non-stop; I seriously thought that worry about his or her own little world, her any of the bombs was going to land in my family, her friends and even that is too much house. Every time I hear the sound of a bomb, sometimes. I feel humanity and the concept of I feel that it is coming for us in my house. Every humanity has been killed during this war. The sound I hear feels like a bomb coming for me. crime being committed here is enormous, and Every time there is bombing, the houses and all human dignity is being trampled on. I feel as if the windows shake – it feels like a warning. we are the criminals for being alive. I am also afraid that after all the pain during Sometimes I feel that the Israelis should just this war, we will just go back again to living under siege. If I knew that after this war the siege would be lifted I would still have a little hope, but it terrifies me to think that after this war ends, the siege will continue as if nothing had happened – that all the restrictions on elec- tricity, food, basic goods will continue and we will remain trapped here unable to leave, even to visit friends and family in the West Bank. You know what? We will all need therapy to be able to look at our lives, ourselves and what has happened with some perspective. The pharmacist told me the other day that what most people wanted were pills for the nerves. This was before the war. I wonder if a pill will be enough after the war.’ I

As told to Soraida Hussein from the Women's Centre for Legal Aid and Counselling, Ramallah.

Socialist Lawyer G June 2009 I 33 Obituaries Steve Cohen

Steve Cohen died peacefully at home in the early hours of Tory cuts that it had been elected to oppose). Sunday 8th March 2009. And third, through taking the slogan ‘No One Is Illegal’ ‘Peaceful’ is the last adjective that anyone would use about and turning it into an organisation, with publications and con- the rest of his life. Battling against the state, local and national, ferences, at the same time as assisting individuals who came to battling with the legal profession, and with the left (in all its Steve for personal advice, or whom he just seemed to come many forms), and finally battling against long term disability, across and encouraged. Campaigning against all immigration illness and death. controls and all deportations was not inconsistent with taking There are many friends, many individuals and families who up individual campaigns. Notably the latter included such as won their campaigns, and many immigration legal practi- Mansoor and Aqila Hassan, fleeing persecution in Pakistan tioners who knew Steve for longer and better than I did. The because of their journalistic attacks on government corrup- immediate testimony to this was the hundreds who packed tion and honour killings, and Samina Altaf, herself disabled, into the (first) memorial for his life, on the Thursday after he with two children in need of NHS treatment in order to pre- died. A further memorial is planned for July. And just a few vent the onset of their own disability, who were then threat- weeks earlier Lord Justice Sedley (who supervised Steve’s bar- ened by Labour’s introduction of the inhumane Section 9, of rister pupillage) had given me his personal best wishes to pass the bizarrely titled Asylum and Immigration (Treatment of on to Steve. Claimants etc) Act 2004. Section 9 would have forced Samina Ironically the memorial was held in Manchester town hall, ‘voluntarily’ to leave the country, or have her children taken the premises of the Manchester council over whom Steve had into care. just won a major victory – to retain the personal carers who Steve ensured that Samina got legal representation, that had been supporting him in his own home, rather than to suc- she took her struggle to the disability organisations (sadly less cumb to the privatised and more anonymous service resulting than welcoming – which led Steve to a battle on another front) from the council’s embracing of the individualistic free market and that she confronted press and politicians (leading to front ‘direct payment’ scheme which they are forcing upon disabled page Guardian coverage thanks to the personal support of people. journalist David Ward). Her local MP, one Hazel Blears, was Steve had approached this very personal struggle in the less fulsome. She seemed to run away from every local con- same way as every other he took up – with an element of the stituency surgery which Samina and her supporters had law but with a preponderance of a campaign. Caseworkers he promised to attend. supervised report that when asking Steve’s advice about legal The leading campaign against Section 9 was the Sukula merits he would always look at them and simply tell them to family in Bolton. Again Steve’s role, from the confines of his ‘start a campaign’. flat, was crucial – supporting, encouraging and connecting the Because that was what he had always done. First, through family and their supporters, while demanding, attacking and Steve Cohen: South Manchester Law Centre, with Nasira Begum and par- condemning the Government and the local councils who 1945-2009 ticularly Anwar Ditta, who has continued to campaign herself might have implemented this Section. I had taken Steve to one ever since her victory in gaining reunion with her children. of the Sukulas’ public meetings and we both realised that the Second, through the Greater Manchester Immigration Aid chair, Florence Okolo, who had won her own campaign with Unit, which he and I helped to set up (a struggle in itself at a Steve’s help in the 1990s, was starting a eulogy of Steve per- time when Manchester’s Labour Council was implementing sonally. There was no way out. Muttering under his breath Paul O’Higgins Professor Paul O’Higgins who Haldane Society records his as a vet, having fought with the He was called to the Bar by the died on 13th March 2008 at 80 achievement. British army in the first world war King’s Inns. He then returned to years of age, was an internation- For much of his professionally with distinction (two MCs). His England and went to Clare Col- ally renowned academic labour active life, he was based in Cam- mother lectured in Italian litera- lege where he wrote a PhD lawyer and Vice-President of the bridge University, initially as a re- ture at Trinity College, Dublin. thesis on political asylum which Haldane Society. A year on, the search student at Clare College Paul started school in Pinner was very highly thought of. He (1957-1959) and thereafter as a in Middlesex, but continued his was also called to the Bar by Fellow at Christ’s College where schooling in Galway and then Lincoln’s Inn, but never prac- he became a lecturer and then, Dublin. As an undergraduate he tised. in 1979, Reader in Labour Law. I studied medicine at Trinity Col- In the 1960s his socialism led had the very great good fortune lege, Dublin but did not or was him to labour law and he taught to have my dissertation super- not permitted to sit his final year on Bill (now Lord) Wedderburn’s vised by him there in 1970-71 examinations in 1951, apparently undergraduate course in labour when my LLM tutor at Queen’s because of his activities as Chair law (then called ‘industrial law’) University, Belfast (the late Jim of the Student Representative He took over the course when McCartney) was on a sabbatical. Council of which he was found- Bill went to LSE in 1964. He also Paul’s parents were from the ing Chair. He switched to law, taught social security and west of Ireland. They moved to and graduated in 1957 with a human rights law. His knowl- England, where his father worked high first class honours degree. edge of Irish and British trade

34 I Socialist Lawyer G June 2009 through prayer or divine intervention (but we never saw God on the anti-deportation demonstrations); some want “fair” or “benign” controls (but these are by their very nature unjust, inequitable and racist); and some just know that the controls are insane (but any Marxist can show that they are the prod- uct of imperialism, through which newly industrialised coun- tries control the global movement of labour). I felt, reading this, that over the years Steve had come to admit that the third group was not wrong, and certainly not mad. The UK’s current immigration controls are indeed insane. In New Labour ‘Newspeak’ people who are seeking asylum have the ‘freedom’ to go home and get killed. If they want to avoid detention under the terrorism laws, they are ‘free’ to agree to be deported. If they do not want to be made destitute, or put out on the street and have their children taken away from them (or put in ‘new’ ‘family friendly’ special detention centres for families), they are ‘free’ to agree to ‘voluntary’ de- portation. In Labour’s immigration tribunals, there are wel- coming reception areas with comfy chairs and clean carpets, crèches and evaluation forms – all to sugar-coat the same old message of ‘appeal dismissed, fuck off, go home, and die’. Steve’s main theme remained clear, in all his writing. The history of struggle, from 1895 to No One Is Illegal and No Borders, shows that there are ‘ordinary’ people in heroic movements. Steve’s support and encouragement for these was unselfish, lasting and unconditional. Steve and I crossed paths many times in over 30 years of ac- that this was so wrong, Steve couldn’t help but get up, stag- tivism. As a barrister, he was intrigued (and encouraging) ger to the front of the hall, and then deliver a flawless tirade about my more recent taking up of the profession. As cam- against immigration controls and in favour of campaigns. paigners we debated constantly (though never about Pales- Steve was a prolific writer, particularly of pamphlets with tine) and undoubtedly raised our own sights as a result of joint bizarre titles. In Standing on the Shoulders of Fascism, he thinking. I realised well after the campaign was over, that Steve wrote ‘as soon as it became obvious that Jean Charles de and I had argued exactly the same lines, without any connec- Menezes was himself not involved in terrorism, the Home tion between us, throughout Viraj Mendis’ campaign; and Office suggested he had overstayed his leave in the UK – as both were pleased to greet Viraj when he was first able to though this somehow justified his being shot dea’”. In De- return here, to a rebuilt Hulme, in 2005. Viraj currently portation is Freedom! The Orwellian world of immigration cannot get a visa to get into the UK. But notwithstanding this, controls, he noted the defensiveness of the left, which fears he is trying to set up an internet resource of anti-deportation that ‘ordinary’ people are not ready for the ‘premature’ abo- materials, and I finish with Viraj’s own emailed words: ‘As lition of immigration controls. we started this project because of Steve – we should dedicate To paraphrase the latter point, because it indicates many of it to him and not let any obstacle come in its way.’ Steve’s targets in one go: – some feel that success only comes G John Nicholson

Paul O’Higgins 1927-2008

union law was incomparable. He ered apt for academic study. sources for the Law School, in wrote a bibliography of British He never hid his lifetime com- 1987 he returned to England, and Irish labour law and his com- mitment to socialism and to the becoming a professor at King’s parative law interest led him to poor and oppressed. He was a College, London until retirement enthusiastic promotion of the great supporter of the Workers’ in 1992. He was Vice Master at awareness of relevant interna- Educational Association and and Irish legal periodical litera- Christ’s until 1995. tional treaty law (such as the In- taught on shop stewards ture, largely responsible for the In 1952 he married Rachel ternational Labour Organisation courses. Many had the benefit of LLD degrees he received from Bush, daughter of the composer Conventions and ILO jurispru- his learning. He was a kind and Trinity College, Dublin and from Alan Bush. He was a great pro- dence). very gifted teacher with enor- Cambridge. He was elected a moter of the Alan Bush Music He founded the Encyclopae- mous warmth, empathy, hospi- Fellow of the Royal Irish Acad- Trust founded by Rachel to pro- dia of Labour Relations Law with tality, and kindness. What was emy in 1986. mote the neglected work of this (now Sir) Bob Hepple and wrote particularly inspiring was his He had been refused a Chair socialist composer. He is sur- a seminal book on Censorship in bubbling enthusiasm and faith in at Trinity College in 1970, proba- vived by Rachel and by their son Britain in 1972. He wrote Cases his students. bly because of his earlier stu- and three daughters. and Materials on Civil Liberties in He was an enthusiastic col- dent activism, but this was made Paul O’Higgins, legal scholar: 1980. With Martin Partington he lector of old Irish legal books good in 1985 but for health and born 5th October 1927; died wrote a bibliography of social se- and documents. He wrote exten- personal reasons, as well as 13th March 2008. curity law, not hitherto consid- sive bibliographies of Irish trials frustration with the paucity of re- G John Hendy QC

Socialist Lawyer G June 2009 I 35 Reviews

Waltz With Bashir Waltz With Bashir: 2008: 12A: 90 mins; Directors: Ari a contemplative Folman, Justin Edgar; Cast: David and haunting film. Proud, Dominic Coleman, Jason Maza, Robyn Frampton, Sasha Hardway

oon out on DVD, Waltz with Bashir was one of the Sbest films of 2008. The Israeli director Ari Folman uses an animated documentary style to piece together his memories of the 1982 Lebanon War, in which he served as a 19-year old foot soldier in the Israeli Defence Force. It is 2006 as his character tracks down those he served alongside. He speaks to a psychotherapist friend who talks to him about the tricks memory can play on us. One night in a bar, an old friend tells Ari about a recurring nightmare in which he is chased by 26 vicious dogs. The two conclude this is linked to their Israeli army mission. Folman travels to Holland to meet with an old comrade who has become wealthy since the and did not disappoint. stealing a sports car. The main war selling falafel to liberal, The first movie intersperses criticism is the lack of historical health-conscious Amsterdam flashbacks to Che’s appearance at context at times, for example in dwellers. He interviews an IDF the United Nations in 1964 with not portraying the corruption of officer who was higher up in the his initial meetings with Castro in the Batista regime except for chain of command during the Mexico. However, the focus of oblique shots in the opening conflict. Israeli journalist Ron the movie is essentially the sequence. Ben-Yishai, who was in Beirut at successful insurgency in Cuba The second movie skips the same time as Folman, gives and follows Che, Castro and almost a decade to the rather less his recollections of the events Che: Parts One & Two their comrades from 1956 to successful guerrilla campaign in that led up to the Sabra and 2008; 15; 253 mins; Directors: 1959. Their aim was to Bolivia in 1967 that eventually Shatila massacre. As the film’s Steven Soderbergh; Cast: Benicio overthrow the decadent rule of led to Che’s capture and death. It protagonist delves into his Del Toro, Benjamin Bratt, Demian the Cuban dictator Fulgencio is at times painfully slow in its memory it becomes clear that a Bichir, Kahlil Mendez, Rodrigo San- Batista. There is a particular depiction of a doomed attempt to number of those he speaks to toro, Santiago Cabrera emphasis on matters of military implement the Cuban model of have found their own way of strategy and tactics as Castro’s revolution. The conditions were erasing the conflict from their have an unread biography of small but dedicated army certainly ripe in Bolivia for a memories. Che Guevara by John Lee descended the Sierra Maestra revolution – a high infant This is a contemplative, IAnderson sitting on my book mountains to ultimately prevail mortality rate, lack of food, and haunting anti-war film. shelf. It was tempting to believe over Batista. men under 30 dying in the mines, Hallucination morphs into that by watching two movies on One of the most striking as well as the repression of strikes reality and vice versa. The the socialist icon that I could plug depictions in this movie is of and no hospitals and schools for animated scenes stay with you the gaps in my knowledge of his Che’s humility and self-sacrifice the poor. long after the film ends as does life and times. Steven Soderbergh in conducting the ‘march of the However, Che’s physical the original BBC and ITN is a stylish director with a skilful wounded’ juxtaposed with the deterioration and the sense of footage that has been used. Max use of cinematography in his vanity of succumbing to wearing mortality were well depicted. If Richter has composed an varied cinematic career with make-up for a televised speech! you were a movie-goer who knew exquisite soundtrack which movies as diverse as Sex, Lies and Another notable characteristic nothing about the Cuban enhances the dream-like Videotape and Ocean’s Eleven. portrayed was his insistence that revolution you would still sense atmosphere and lends power to His treatment of Che Guevara in his men learn to read and write the inevitability of (the initial) the events as they unfold. two movies spanning four and a and maintain discipline, sending defeat in the unforgiving terrain G Tim Potter half hours was much anticipated victorious troops back for of the Bolivian landscape and the

36 I Socialist Lawyer G June 2009 Reviews

inability to transplant the Cuban Marching to recently, a public champion of novelty or legality of police model. Of course, Evo Morales the Fault comprehensive education. tactics. The drama of the battles has since prevailed with a Line: The Hencke is The Guardian’s in the magistrates’ courts different model of socialist 1984 Miners’ Westminster correspondent. between the miners’ lawyers and revolution in Bolivia and has Strike and They have taken a journalists’ the hostile courts is missing brought hope to many of the the Death of approach to tracking the dispute: entirely from the narrative. There historically abused campesinos. Industrial by that I mean that they have set is relatively little even on the The audience is left somewhat Britain out to interview at length the events of sequestration (although ill-informed about Che’s role in by Francis ministers in the Conservative the NUM’s parallel search for post-revolution Cuba and his Beckett and government, traceable employees Russian or Libyan funding – an time in the Congo though, David Hencke, £18.99 of the National Coal Board, Neil undoubted public relations admittedly, the scope of Kinnock, and surviving officials catastrophe – gets a lengthy Soderbegh’s subject matter was here are some historical of the National Union of Miners. treatment in the text). immense. Benicio Del Toro was events which immediately They record with sadness that Like any good writer Beckett certainly charismatic in his Tafterwards draw the interest they were unable to get access to and Hencke bear their grudges; amazingly assured performance of historians (the military events Margaret Thatcher or Arthur like the worst of the profession, and was perfectly cast in this role of the Second World War, the Scargill. they bear them vigorously against both for his physical likeness to 9/11 attacks). There are other They have also carried out sources who decline to be Che but also for his obvious historical events that historians certain Freedom of Information interviewed. dedication to mastering the leave unexplored, sometimes for Act requests, the results of which The hero of this book, if complexities of the character in decades, before returning to are loudly trumpeted in the text. anyone deserves the title, is Peter such nuances as the split between them: the Holocaust, for The most dramatic of their Walker, then Minister for Energy, the family man and the military example, or the miners’ strike. discoveries appears to be that who appears to have given commander. The authors of this history several figures were involved in Beckett and Hencke generously Soderbergh has stated that he describe their narrative on the previously unpublicised attempts of his time. The authors portray is ‘an agnostic’ as far as Che is book’s inside cover as ‘the first at negotiation, none of which him as diligent, well-informed, concerned and that he is not full account of the strike’, and came close to a settlement. articulate and intelligent, more ‘personally invested in building while there have been books Beckett and Hencke appear to robust than his public image as a him up or tearing him down’. before which looked at women in have made little attempt to Tory wet, and sensible in his This is hard to believe and was the strike, the organisation of the consult the written records of the treatment of the dispute. perhaps directed at a sceptical miners, the activities of the various organisations involved The villain of the piece is American audience. Although Conservative government and the the strike: the NUM, NACODS, Arthur Scargill, whose perceived there are obviously plenty of secret state in the strike, it is true TUC, etc, whose records from arrogance and indifference to his detractors and those who mock that this is the first book since the this period are waiting in various striking workers is used as the at the socialist icon who has strike’s immediate aftermath that university archives. central explanation powering the become immortalised in t-shirts attempts to view it in its totality. Lawyers who track down a narrative. What happened at the and posters around the world, Indeed, there are points at copy of this book will be start of the strike? Arthur got it Soderbergh is not one of those. which this is a useful account. disappointed to see that there is wrong. What happened at It is hard to take a neutral stance Some of the few passages which relatively little discussion of the Orgreave? Arthur got it wrong. on such a domineering figure. describe the conflicts on the What happened to the various While one may criticise acts of picket lines convey a shadow of attempts mid-dispute at summary justice and ruthlessness the physical brutality which was settlement? Arthur… and on, and that were portrayed in the used to defeat the striking miners. on, and on. movies, one cannot criticise the Beckett and Hencke also bring In their preface, the authors idealism that shines like a beacon out the extent to which the media explain that they made efforts to throughout both movies. took sides in its coverage of the speak to Scargill, including While I would wholeheartedly dispute, the extraordinary care driving to his home recommend these movies and that was put into covering unannounced, but were not believe they are vital viewing for violence against miners who granted access. It may be that if any reader of Socialist Lawyer, I defied the strike call, the press’ Arthur Scargill had agreed to be think that I will enjoy them more indifference to people such as interviewed for their book, the when I finish reading the David Jones, a 24-year old strike result might have been a text that biography and place them in activist killed during clashes was in a few places less their proper context. Asked in an between striking and working unremittingly hostile to him and American interview what the miners. his supporters. But any neutral most important quality of a Beckett is a freelance reader reading this text will revolutionary was, Che’s answer journalist, long associated with surely be quite sympathetic to the – ‘love’ – may strike many as ‘old Labour’: the author of a miners’ old leader. Given that a surprising but it is this answer history of the Communist Party, literary kicking was inevitable, it which, to me, was an insight into in which the multiple activities of is a sign of good judgment that he his most attractive trait. that organisation were reduced to left these authors well alone. G Declan Owens its Moscow funding, and more G David Renton

Socialist Lawyer G June 2009 I 37 Reviews

so fashionable in academe, or the creation of ‘A market state’ in various currents of post- Britain, through Thatcher’s Analysing the ‘state’ modernism. He takes his revolution, privatisation and definition of the state from Engels marketisation, the role of the state and from Marx. Although it in serving transnational on solid ground would have be helpful if the corporations (TNCs), and the works cited were dated – and growing trend of authoritarianism there is no list of works cited. The and the ‘Big Brother’ state. This Unmasking with Corinna Lotz, A World to absence of an index is chapter does not break new the State: Win: a rough guide to a future understandable, but the lack of a ground; but the story is clearly A rough without global capitalism. All are bibliography is much more told. guide to real published by Lupus Press, the serious, especially for those who Chapter four is entitled ‘The democracy imprint of A World to Win, which wish to read further. voice of the people’, and starts by Paul Feld- is one of the more active Nevertheless, a great merit of with Lenin’s analysis in his 1917 man; Action Trotskyist groups in this book is its historical pamphlet State and Revolution. Guide No.3, contemporary Britain. Or should grounding. In his first chapter, Feldman paraphrases Lenin as Lupus Books it not be described as post- ‘The “mystery” of the state’, stating that ‘the power of capital Trotskyist? – Trotsky is not Feldman provides an excellent cannot be ended without ntil very recently, many mentioned once in Feldman’s text, survey of ‘the making of the state’ reconstituting the state’. Actually, commentators and despite Trotsky’s incisive writings in Britain, through the Civil War, Lenin went a bit further. At the Uacademic writers were on Britain and the British state the so-called Glorious Revolution end of chapter one he proclaimed telling us that so-called around the time of the General and the foundations of the that: ‘The supersession of the ‘globalisation’ was not only an Strike, especially in Where is Empire. For this he draws upon bourgeois state by the proletarian entirely new phase of capitalism, Britain Going? (1925). John Saville’s remarkable study state is impossible without a having superseded imperialism, Nonetheless, Feldman’s text sets The consolidation of the capitalist violent revolution.’ In Chapter but also presaged the end of the out to be resolutely Marxist, even state 1800-1850. Chapter two, two, Lenin sums up Marx’s sovereign state. The velocity of Leninist. ‘The struggle for democracy’, position as follows: ‘all previous unregulated capital flows and This reviewer, by the way, does provides a gripping account of the revolutions perfected the state the awesome power of not claim complete impartiality. Levellers’ movement in the Civil machine, whereas it must be multinational corporations were He has provided back-cover War, and their intellectual broken, smashed’. not only supposed to have endorsements for the work now monument, An Agreement of the This chapter and the final initiated limitless economic under review as well as for “A People (1647). Feldman follows chapter, ‘A way forward’, contain growth, but also to have World to Win”, and shares a this story through the Radical acute criticisms of the work of rendered national borders political past with Feldman and movement of the late eighteenth John Holloway, Change the redundant. And the rewards his colleagues. But rest assured century and Tom Paine’s role World without Taking Power individuals paid to themselves that Feldman’s text has been read through to the American and (2002) and the runaway bestseller for managing this miracle critically for readers of Socialist French revolutions; and the by Hardt and Negri, Empire surpassed all previous levels of Lawyer. Chartists. He gives ample space to (2000). Indeed, in the final few obscenity. Serving the state One point on which there the Suffragettes, the trade unions, pages Lenin is once again cited (in seemed a very poor alternative. should be complete agreement and the building of the welfare a box) the passage from State and Witness Tony Blair’s with Feldman is his insistence that state. Revolution on the Paris transmogrification from Prime the state has an objective These two splendid chapters in Commune, ‘[…] to smash the old Minister to – much better paid – existence. Feldman is a realist and themselves make this book an bureaucratic machine […]’. banker. a materialist, and has no truck excellent buy. But Feldman does not use the Now, with the collapse of the with social constructivism, now Chapter three traces the language of ‘breaking’ and sub-prime bubble, revealing the ‘smashing’. The section ‘Our toxic slime at the heart of twenty proposals’ starts ‘We will be first century capitalism, the state obliged to replace the existing appears once more to be administrative machinery’ which relevant, bailing out one bank does indeed sound much more and nationalising another. As polite than Lenin. As does ‘the multinational giants collapse on subordination of bureaucracy to a global scale, the call is for the society through accountability to state to come to the rescue. Assemblies’, and ‘the state as a Paul Feldman’s short book is separate body can eventually be therefore timely and welcome. dispensed with’. This reviewer This is not his first piece of prefers the more direct approach trenchant analysis; he is an able of Marx and Lenin; but then we and knowledgeable journalist. are in Britain, so perhaps With Gerry Gold he has written Lenin: Feldman is right to tread more “smash the A House of Cards: from fantasy state” softly! finance to global crash, and, G Bill Bowring

Socialist Lawyer G January 2009 I 38 Haldane Society of Socialist Lawyers commemorates 25 years since the miners’strike Summer party / fundraising event at Garden Court Chambers, 57-60 Lincoln’s Inn Fields, London WC2 (nearest tube Holborn) 7pm to late, Thursday 23rd July Speakers will include Michael Seifert, John Hendy QC, Louise Christian, other lawyers, miners and journalists involved in the strike

Contemporary issues not forgotten: lawyers representing the G20 protesters will speak. Admission £10 practitioners, £5 concessions (drinks included in admission price) Further information www.haldane.org