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Socialist Lawyer 58 Lawyer SocialistMagazine of the Haldane Society of Socialist Lawyers n Number 58 l June 2011 £3 Inside: DEFEND INTERVIEW LEGAL AID: ‘T-PIMS’ – CONSCIENTIOUS THE WITH WOMEN CONTROL OBJECTORS RIGHT TO GARETH DEMAND ORDERS AND THE UK PROTEST PEIRCE RIGHTS LITE? MILITARYand more... Haldane Society PO Box 64195, London WC1A 9FD Website: www.haldane.org Contents Number 58 June 2011 ISSN 09 54 3635 News & comment ................................................................................ 4 Haldane talks, EDL in Luton, TUC in March, Blair’s legacy, Sedley’s send-off and more Inquiringly like-minded ...................................................... 11 Regular column from the Young Legal Aid Lawyers, with Connor Johnston Kettling and criminalising protest .......... 12 Kat Craig on the use of increasingly violent and oppressive tactics by the police Defending the right to protest ........................ 16 Fiona McPhail on the recent rebirth of protest and the legal clampdown The Haldane Society was founded in 1930. It provides a forum for the discussion and analysis of law and the legal system, both nationally and internationally, from a socialist 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, Tony Gifford QC, Tess Gill, John Hendy QC, Helena Kennedy QC, Imran Khan, Kate Markus, Gareth Peirce, Michael Seifert, David Turner-Samuels, Frances / reportdigital.co.uk Jess Hurd Picture: Webber and Professor Lord Wedderburn QC. Chair: Liz Davies ([email protected]) Interview: Gareth Peirce ................................................ 18 Vice-Chairs: Kat Craig (katherinec@ Majida Bashir andYasin Patel talk to one of the Haldane Society’s Vice-Presidents christiankhan.co.uk) and Anna Morris ([email protected]) US flops after leaks show ............................................ 23 Secretary: Chris Loxton Pablo Navarrete on WikiLeaks and the added strains on US-Latin America relations ([email protected]) Socialist Lawyer Editor: Tim Potter Tunisia in revolt ...................................................................................... 24 ([email protected]) Russell Fraser reports from a delegation to meet groups at the heart of the revolution Treasurer: Declan Owens ([email protected]) Legal aid: women demand rights ............ 26 Membership Secretary (job-share): Catherine Briddick on an important new research report from Rights of Women David Renton ([email protected]) with Deborah Smith ([email protected]) ‘T-pims’: control orders lite? .................................... 31 International Secretary: Bill Bowring Russell Fraser analyses the Government’s review of counter-terrorism ([email protected]) Executive Committee: Conscious decision ...................................................................... 34 Hannah Rought-Brooks, John Hobson, Lois S. Bibbings looks at the rights of conscientious objectors within the UK military Richard Harvey, Azam Zia, Rheian Davies, Margaret Gordon, Mike Goold, Owen Greenhall, .......................................................... Carlos Orjuela, Ripon Ray, Kezia Tobin, Film and book reviews 37 Marcela Navarette, Brian Richardson, Lula, the Son of Brazil, Ricin!, Claims of Innocence, and Abuse of Process Russell Fraser, Marina Sergides, Simon Behrman, Dirghayu Patel, Sophie Khan, Editor: Tim Potter Printed by: The Russell Press Majida Bashir, Yoshihiro Bartlett-Imadegawa, Assisted by: Russell Fraser, Liz Davies, Joanna Gilmore, Robert Atkins, Anna Morris, Mike Goold and Kat Craig Martha Jean Baker, Charlie Dobson, Cover picture: Jess Hurd (Report Digital) Angus King, Omar Khan, William Dooley, Stephen Knight, Saleh Mamon. Many thanks to all our other contributors, readers and members who have helped with this issue. 2 Socialist Lawyer June 2011 from the chair Pictures: Ripon Ray Pictures: March together, strike together he 26th March 2011 ‘March for an alternative’ demonstration Mrs Whitehouse got a cheer as she told us that the best thing about was so big that many of us failed to find The Haldane Soci- her winning her appeal (which meant that she could stay in her home) ety’s banner. We still marched, and I was struck by how many was that the landlord had had to pay her legal costs, so that the public lawyers turned out. It’s new to see lawyers defining them- was not out of pocket. They were also clear that their problems – selves as public sector workers. which were often complex and required dealing with numerous statu- TThere’s also a new feel to the campaigns to save legal aid. Outside tory bodies – could not have been resolved without legal aid. Public the right-wing world of The Daily Mail, the ‘fat cat lawyer’ jibes are be- bodies – local authorities, schools, the Home Office – all benefit from ginning to disappear. Justice 4 All and The Law Society’s Sound Off legal advice. Unlike recipients of legal aid, those public bodies don’t for Justice are getting the message across that defending legal aid is get blamed for briefing expensive lawyers or creating litigation. not about defending lawyers, but about access to justice. The phrase Cutting legal aid makes the playing field even more unequal. ‘fourth pillar of the welfare state’ has resonance. Other public sector workers – teachers, civil servants and (most im- There were over 5,000 responses to the Green Paper ‘Proposals for portantly for us) Court staff – are being balloted for strike action on the Reform of Legal Aid in England and Wales’ – we can presume 30th June 2011 in defence of public sector pensions as I write. We the responses were overwhelmingly opposed to the proposals. Those hope that Haldane members will be able to support the strike and not who responded included Judges, MPs, the legal profession, advice cross picket lines. It’s tricky to balance our duties to our clients with our agencies, voluntary sector groups and individuals. At the time of writ- solidarity with Court staff and other public sector workers, but it’s one ing, the Government’s response is due to be published in early June that health professionals, teachers and other public servants have to and then the Parliamentary fight begins. We need to remain geared make all the time. up to lobby and campaign against the proposed £350 million cuts. Away from the main demonstration on 26th March, 200 demon- Haldane’s Commission of Inquiry into Legal Aid is due to report on strators peaceably occupied Fortnum and Mason and other retailers 14th June 2011. We hope that the report is well-timed. The Commission accused of tax dodging. The police seemed all sweetness and light: was organised jointly with our friends Young Legal Aid Lawyers. As set telling them they just had to wait until it was safe to leave. As the pro- out in Connor Johnston’s YLAL column on page 11, it comprised three testers left, they were surrounded, contained and arrested. Many of independent panelists: Dr Evan Harris, former Liberal Democrat MP, them spent over 24 hours in custody. The Court cases are on-going Diana Holland, Assistant General Secretary of Unite the Union, and but their treatment highlights the need for committed legal observers. Canon Nicholas Sagovsky, former canon at Westminster Abbey. They The Haldane Society provides legal observers for demonstrations, at have heard from practitioners, campaigning organisations and, most the request of the organisers. We are there to monitor police behaviour importantly, people who have benefited from legal aid and have also and ensure police accountability. We’re not there to police the demon- studied the case for cutting legal aid. strators: they are already being policed. We’re there to ensure that, At the Commission’s public session on 2nd February 2011, the where lawful rights of legitimate protesters are infringed, there is a record personal testimony from individuals who had been helped with family, and the police are held accountable. Anyone who is interested in vol- housing, education and debt advice, and with representation at an in- unteering, please contact [email protected] quest, was profoundly moving. Beneficiaries of legal aid acknowl- l Liz Davies, chair of the Haldane Society of Socialist Lawyers edged the responsibilities involved in spending public money: [email protected] Socialist Lawyer l June 2011 3 News&Comment Will the Lib Dems save the Anti-EDL protest in Luton Human Rights Act? raises wider questions n 19th January, Conor Expression prior to the enactment he English Defence Right from the outset it was Gearty delivered the of the Human Rights Act. Conor League (EDL) returned clear that anti-fascists would not first of The Haldane suggested that the press have been to Luton, the location of be allowed to exercise their OSociety’s Human adversely affected by rich people Tits founding, on 5th freedom to protest unhindered. A Rights lecture series for 2011. The seeking to protect their privacy. February, to protest against what heavy police presence, including lecture offered up much food for These are stories which the press it claims to be Islamic Extremism. dogs and horses, surrounded the thought. The topic up for need to sell more papers and Previous EDL demos have railway station well before any discussion was ‘the Coalition cannot do
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