For Justice Uganda: Time

LawyerI G SocialistMagazine of the Haldane Society of Socialist Lawyers Number 42 November 2005 £2.50

Uganda: time for justice

Plus: EXCLUSIVE Michael Mansfield QC, John Hendy QC INTERVIEW WITH Liz Davies, Louise Christian on the TRADE LIBERTY’S SHAMI & Helen Shaw on the UNION BILL CHAKRABARTI ANTI-TERROR LAWS and much more HaldaneSocietyof SocialistLawyers 25a Red Lion Square, Conway Hall, Contents London WC1R 4RL; Tel: 020 7242 2897; Number 42 November 2005 ISBN 09 54 3635 Website: www.haldane.org News & comment ...... The Haldane Society was founded in 1930. 4 It provides a forum for the discussion and Clare Short’s Bill; Child deaths in custody; Mental Health Bill; Rape; Brian Haw analysis of law and the legal system, both nationally and internationally, from a socialist Interview: Shami Chakrabarti ...... 10 perspective. It holds frequent public meetings Cate Briddick speaks to the Liberty Director and conducts educational programmes...... The Haldane Society is independent of any Anti-Terror Bill special 15 political party. Membership comprises Michael Mansfield QC, Liz Davies, Louise Christian and Helen Shaw lawyers, academics, students and legal workers as well as trade union and labour Uganda: first warrants unsealed ...... 22 movement affiliates. Melissa Canavan on the International Criminal Court’s intervention President: Michael Mansfield QC ...... Vice Presidents: Kader Asmal; Interview: Ranjit Kaur 26 Louise Christian; Jack Gaster; Tess Gill; Rebekah Wilson speaks to the Director of Rights Of Women Helena Kennedy QC; Dr. Paul O’Higgins; Michael Seifert; David Turner-Samuels; Professor Lord Wedderburn QC Chair: Richard Harvey ([email protected]) Vice-Chair: Liz Davies ([email protected]) Secretary: Christina Gordon ([email protected]) Socialist Lawyer Editor: Rebekah Wilson ([email protected]) Treasurer: Declan Owens ([email protected]) International Secretary: Bill Bowring ([email protected]) Membership Secretary: Marcus Joyce ([email protected]) Executive Committee: John Beckley; Adrian Berry; Claire Bostock; Tom Bradford; Hannah Brooks; Kevin Cobham; John Hobson; Ashok Kanani; Rekha Kodikara; Catrin Lewis;

Monika Pirani; Alex Gask; Nick Toms / reportdigital.co.uk Jess Hurd Picture: Regional Contacts: I West Midlands: Brian Nott, Flat 3, A trade union freedom bill? ...... 28 64 Prospect Road, Mosley, Birmingham John Hendy QC on why the anti-union laws should be rescinded B13 9TD I Manchester: John Hobson The forgotten veterans...... 32 ([email protected]) Extracts from a report about British soldiers the government forgot: the Gurkhas Sub-committees I Crime: Richard Harvey Haldane News...... 34 ([email protected]) Reports from the IADL and the Haldane AGM I Employment: Daniel Blackburn ([email protected]) Book review...... 35 John Hobson on INQUEST’s book on child deaths in custody I International: Bill Bowring ([email protected]) I Immigration and Asylum: Adrian Berry Editorial team: Rebekah Wilson, Declan Owens, Cate Briddick, Catrin Lewis, ([email protected]) Richard Harvey I Student contact: Tom Bradford Design & Production: Smith & Bell Design ([email protected]) ([email protected]) Printed by: The Russell Press Cover picture by: Jess Hurd Many thanks to all our contributors

2 I Socialist Lawyer G November 2005 from the Chair

Glorie be to Guy Fawkes …

…Ye only man in Historie to enter ow should we “Remember, remember the 5th of Parliament with Honourable Intent. November,” four hundred years on? Catesby, Percy, Wright, Digby, the brothers Winter, Fawkes, Excerpt from the transcript of Regina vs. Mansfield, Harvey, Wilson Rookwood, Tresham, Grant, Keyes and Bates were all & Divers other Officers of Ye Haldayne Societie, November 5th scions of well to do families. Yet they put 36 barrels 2005, Blunkett Reports Inc.©: of gunpowder in the cellars of the Palace of “My Lords Justices of ye recently restored Starre Chambre (our HWestminster and came amazingly close to killing the entire royal most excellent governement having put an end to that troublesome family, every member of government, the senior judiciary and all and most unreliable Instrument heretofore known as Trial by Jurie), Lords and Commons assembled for the state opening of Ye shall have no difficultie in reaching true Verdicts against all of Parliament, razing to the ground all buildings within a hundred ye Accused, theyre Guilt being most manifest in that they did con- yards radius and causing death and dismemberment on a scale spire together to glorifie the Traitor Guy Fawkes in Terms set forth never before dreamed of. above and to utter grosse Calumnies against ye most worthie What they all had in common was their religious faith. To prac- Ministers of ye Crowne by publishing that Journal most subver- tise Catholicism in 1605 made you liable to considerable fines at sive, to wit, Ye Socialist Lawyer. the very least. To aid a priest by concealing him from the authori- By their manifold unjust Criticisms of our most eminent Prime ties could mean hanging, drawing and quartering as a traitor. Minister, did they knowingly and maliciously give Aide and Comfort Anyone suspected of such disloyalty risked torture (peine forte et to ye Enemies of Civilisation, wherefore our officers of ye Lawe did dure). rightly seize and imprison sundry of their executive Committee. That ultimate terrorist conspiracy at the dawn of the 17th Notwithstanding the Grant by this Court of a 90 Day Order commit- Century had its roots in struggles for freedom of political and ting ye Accused to Belmarshe Bridewell & denying them, such fees religious conscience. Before that century was halfway through, as ye Lord Chancellor hath not already deprived them of, they have the King himself would be tried for treason, sentenced to death so far refused to confess theyre Wickednesse, continuing to glori- for betraying his people and beheaded a hundred yards from fie such terroristick Villeynes as Nelson Mandela, Fidel Castro, Ho Downing Street. Before the century was over, another king would Chi Minh, Harriet Tubman, James Connolly, Malcolm X and yea be deposed and a Bill of Rights enacted in 1689, establishing the even those most notorious monsters Marx and Engels. supremacy of Parliament and proclaiming inter alia that the For this Reason, I direct, or rather should I saye, entreat this monarch has no right to suspend or dispense with any law. Honourable Court to grant an Outsourcing Those were indeed times to try people’s souls. For the avoid- Order, that these Accused shall be forth- ance of all doubt, it is not the policy of the Haldane Society to with transmitted to Algerie, Jordaine or incite anyone to emulate Guy Fawkes’s experiment. But it is our Egypte, there to suffer the Peine Forte policy to oppose by all lawful means necessary all forms of et Dure until they shall confess theyre repression that will lead to greater polarisation and repression vile Misdeedes and repent them of within our society. theyre socialistick Wayes. When Commissioner Blair thinks he has the right to suspend That yr Lordshippes shall find the law and to exclude the statutory right and duty of the guilty all these Accused we doubt Independent Police Complaints Commission to investigate the not sith that Mr. Secretary Clarke shocking killing of Jean-Charles de Menezes, we question his fit- hath alreadie proclaimed ness for office … theyre treasonous disloyaltie When Prime Minister Blair thinks he can tell judges how to to our State and no judge interpret the European Convention so as to permit the prod- who wishes to retain his uct of torture to be used as ‘evidence’ or to send people back high Office would seeke to to countries where they will face torture, inhuman or degrad- approve theyre heinous ing treatment; and when he proposes to suspend or dispense Felonies …” with the Human Rights Act’s prohibitions on arbitrary detention and denial of fair trial, we likewise question his fitness for office … Time for the chop? And when a Prime Minister ignores the strictest warning from his Attorney-General that: “you will need to consider extremely carefully whether the evidence of non-cooperation and non- compliance by Iraq is sufficiently compelling to justify the conclusion that Iraq has failed to take this final opportunity [to comply with Security Council Resolution 1441]” and instead plunges our country into an illegal war … Then it is time to go, not just for our troops to leave Iraq, but for Tony Blair to leave Downing Street. G Richard Harvey, chair, Haldane Society

([email protected]) / reportdigital.co.uk Jess Hurd Picture:

Socialist Lawyer G November 2005 I 3 News&Comment

Child deaths Anti-war Bill blocked: how in prison: can we curb the executive? critical judicial ir Edward Coke (1552 – 1634) was an influen- review looms tial judge who fa- n Wednesday 30th Smously attacked the November and Royal Prerogative and defended Thursday 1st the supremacy of Parliament. It ODecember 2005 a recently fell to Clare Short to un- critically important judicial dertake this role, albeit in a very review takes place, into the different context, with a rare ex- government’s decision to refuse a ample of parliamentary self-de- public inquiry into the death of termination. She introduced an 16-year-old Joseph Scholes in important Private Members Bill HMYOI Stoke Heath. (PMB) requiring parliamentary Yvonne Scholes, Joseph’s approval for military action in mother, said: “I hope with all my the aftermath of the Iraq war. heart that the Court examining This was unfortunately ‘talked the case will see sense and out’ by Geoff Hoon on Friday identify the urgent need for a 21st October 2005 and will not public inquiry into my son’s now progress to the Committee death and indeed the death of all Clare Short MP with the late Robin Cook, who sadly died on 6th August

Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: stage. In recognition of the value children in penal custody. The of this PMB, an ad hoc pressure fact that there has never been an group called ‘Taming the Prerog- powers for Parliament. The Iraq 200304)’ which urged greater inquiry disgusts me. If this was a ative’ was formed, including The war will spring to mind as the parliamentary control over all death in social services there Institute of Law and Peace, One catalyst for such a PMB. the executive powers enjoyed by would be an outcry, the fact that World Trust, CND, Charter 88 ‘Taming the Prerogative’ Ministers under the royal pre- my son died at the hands of a and the Haldane Society. hopes to remain in existence to rogative. different State body, should pose The Bill explicitly sought to plan a meeting in one of the However, the nature of the no difference.” remove war-making from the Houses of Parliament on the Pre- meeting in Parliament will On 24th March 2002 Joseph prerogative powers exercised by rogative despite the events at the depend on the Lords Constitu- Scholes, a deeply vulnerable and the Executive on behalf of the House of Commons on 21st Oc- tion Committee Report on the disturbed boy with a history of self Crown. The key attraction to the tober. It hopes that, as a result of Prerogative and the Taming the harm and suicide attempts hanged PMB was that it required the this meeting, civic organisations Prerogative Coalition is currently himself from the bars of his cell in Government to state a political will be further encouraged to reviewing its strategy in the light Stoke Heath Young Offenders and legal justification for armed find ways of working with MPs, of recent developments. Haldane Institution. The inquest into his action. Furthermore, if Parlia- other decision makers and opin- members should write to their death heard very disturbing ment did not approve any pur- ion formers on this issue. The own MPs on this issue and evidence about the treatment and ported armed action, British stimulus for the meeting is the anyone who is available is in- care of Joseph while in Stoke troops would not be sent. One recommendations of the House vited to attend the next meeting Heath. At its conclusion the caveat related to allowing the of Commons Public Administra- at 4.30pm on Tuesday 10th Jan- coroner recommended that a Government to send troops in tion Select Committee report uary 2006 at Portcullis House, public inquiry be held into issues emergencies but even this is cir- ‘Taming the Prerogative (Parlia- London SW1. that were outside the remit of the cumscribed with retrospective ment Fourth Report of Session G Declan Owens inquest. May 12: The European Court trial, and barring his legal 27: Liberty brings an walking the dog and running 31: The widow of a smoker lost a of Human Rights rules that representative from application for judicial review errands for his mother. More landmark legal battle to hold Imperial the Kurdish rebel leader contacting him after he of curfew and dispersal than 400 dispersal areas set Tobacco responsible for her 48-year- Abdullah Ocalan did not was detained. Ocalan, orders on behalf of a 15- up in England and Wales old husband's death from lung receive a fair trial in Turkey. who was arrested in year-old boy from Richmond under the 2003 Antisocial cancer. Margaret McTear had been It ruled that the Turkish Kenya in an undercover because the creation of two Behaviour Act, give police seeking damages, claiming that authorities had breached operation six years ago, “dispersal areas” in his sweeping powers to Imperial Tobacco failed to warn her international treaties by was the head of the neighbourhood infringed his disperse ‘troublemakers’ and husband, Alfred, about the dangers denying Ocalan the right Kurdistan Workers Party, human rights, preventing him forcibly take under-16s of smoking – the first such case to to a fair and independent or PKK. from going to band practice, home. come before the British courts.

4 I Socialist Lawyer G November 2005 News&Comment

In November 2003 INQUEST Recently the DPP Ken Mac- together with Nacro (National Rape victims: victims of the Donald announced steps to try Association for the Care and and improve the experience of Resettlement of Offenders) rape victims within the criminal launched a campaign for a crime and the Criminal justice system. Those steps in- public inquiry into the death of cluded providing female prose- Joseph Scholes. This call is now Justice system? cutors and a culture of support supported by over one hundred and belief. This is a welcome MPs, members of the House of comprehensive Home likelihood of conviction, the cul- announcement. Lords, the parliamentary Joint Office Research Study ture of disbelief of the victim all During the general election Committee on Human Rights into attrition in re- dissuade rape victims from con- our government published pro- and a broad range of penal Aported rape cases pro- tinuing. posals to provide victims of reform, child welfare and human vides shocking reading in 2005*. Worryingly the study found rape with legal representation. rights organisations. Woman reporting rape and subse- that whilst only between 3 to 9% Denmark, faced with similarly The call for a public inquiry quently effectively finding them- of reported allegations were false low conviction rates in rape forms part of INQUEST’s wider selves on trial by the criminal both the police and CPS mas- cases in the 1980s, enacted leg- campaign for: justice system is not a new com- sively over estimate the scale of islation that provided victims G the abolition of prison custody plaint. Woman failing to secure false allegations. This overestima- with a right to a lawyer. This for children; justice against their perpetrator is tion can be no surprise, there are proved effective. Unfortunately, G a comprehensive review of not a new complaint. Stereotypi- media field days when a woman perhaps not unsurprisingly in child deaths in penal custody; cal attitudes of police, Judges and has made a false allegation of the face of the government’s G the creation of an independent barristers, seeking to see if in rape but less popular are the sto- cuts to funding for legal ser- ‘Standing Commission on some way the woman had ‘asked ries of the victims let down by the vices, this proposal has been Custodial Deaths’. for it’, are not new complaints. justice system. This kind of atti- dropped. Yet the government Since Joseph’s death in 2002, What is new is that the convic- tude can only fuel the lack of should realise that cutbacks to five more children have died in tion rate for reported rape cases is trust between the victim and the access to justice will inevitably penal custody. Despite the 29 now at an all time low, (5.6 per criminal justice system. Instead of cost more in the long run. deaths of children since 1990 cent in 2002). The problems a culture of belief there is a cul- The worry is that when the in- there has never been a public faced by those reporting rape ture of disbelief- it is the victim, terest in this most recent study inquiry. A public inquiry would have got worse: the justice gap psychologically and physically has died down it is this type of enable the many issues of wider. Rape is a unique crime, damaged from the crime who crime, one that affects woman concern regarding Joseph’s both a physical and psychological faces the trials of the criminal jus- most, will no longer be a priority. treatment and care to be dealt violation. Victims of rape are the tice system. The conviction rate can hardly with in a holistic joined up way most likely to find reporting the To say you have been raped get lower but with that in mind which could have a significant crime as a form of re-victimisa- invites judgement with social and less women will want to report impact on the future tion. A number of complex rea- material costs. There are too the crime of rape. The long term safeguarding of children’s lives. sons operate to make the rate of many stories of the shocking impact of that is immeasurable. This judicial review is a attrition so high but a number of treatment of woman by those Everyone working in the justice crucial moment in the campaign. key concerns were identified. who should be supporting the system and government must Individual support is vital so Many women are failing to victim. Victims report challenges ensure that properly funded steps please sign up to the call for a report rape, they fear what will to their own credibility from the are taken to prevent that. public inquiry and contact happen if they do. Society has its outset, the focus not on the al- G Rebekah Wilson (Barrister at INQUEST on 0207 263 1111 or own ideas of what a rapist looks leged criminal but on the victim; Tooks Chambers and Vice Chair of email [email protected]. like, but it’s usually the person what was she wearing, was she Rights of Women) For further information on you know. It was only in 1994 drinking; easily leading to “she (*Home Office Research Study 293. Joseph’s case and the public that the marital rape exemption deserved it”. No wonder then A gap or a chasm? Attrition in re- inquiry call please visit was abolished. If they do report it that the study found so many vic- ported rape cases, Liz Kelly, Jo www.inquest.org.uk many then wish to withdraw tims choosing not to pursue their Lovett and Linda Regan, Child and G Deborah Coles, their complaint, the police ap- case after reporting it to the Woman Abuse Studies Unit, co-director, INQUEST proach and negative advice about police. London Metropolitan University.) June 8: The Government is 23: Edgar Ray Killen, an 27: An Israeli soldier is 28: Equal Opportunities 30: Proposals to amend the criticised in a report by the 80-year-old Ku Klux convicted of the manslaughter Commission report suggests abortion law to stop women European commissioner for Klansman is sentenced of British pro-Palestinian activist, that every year almost half of having late terminations are human rights for its policies to 60 years in prison for Tom Hurndall, in the Gaza strip the 440,000 pregnant women overwhelmingly rejected by on anti-terror legislation, orchestrating the killling after a two-year battle for justice in the UK experience some doctors at the British Medical frequent use of anti-social of three young civil rights by his parents. Sergeant Idier form of disadvantage at Association conference, who behaviour orders, high workers in Mississippi Wahid Taysir shot Mr Hurndall work, because they are voted by three to one to maintain number of children held in in1964. The deaths were as he shepherded children to pregnant or on maternity present limits, restricting detention and its treatment the basis of the 1988 film safety from gunfire in Rafah leave. Up to 30,000 are abortions to the first 24 weeks, of asylum seekers. Mississippi Burning. refugee camp in April 2003. forced out of their jobs. except in extreme circumstances.

Socialist Lawyer G November 2005 I 5 News&Comment

Letter from India: lawyers fight for justice for people on the streets ver fifty years since live with human dignity, the Independence it is rights to livelihood, education, surprising the healthy environment, medical Onumber of Indians care, shelter, and travel. A who have expressed their further innovation by the gratitude for the British Supreme Court towards the colonial period – usually citing latter part of the twentieth the railways, the law courts century was the concept of and the legal system. True, Public Interest Litigation. Indian law has some basis in Designed to protect the rights the English common law, but of those unable to access the Indians are not doing courts to protect themselves, themselves justice if they credit this enables social the British with their legal organisations or public spirited system. individuals to approach the The more exciting and Supreme Court directly on progressive aspects of Indian issues which affect the public law emerged post generally, with little expense. Independence and are a major For a test case there is no need, departure from the English as in England, to wait for a A family living on the street in Mumbai, India Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: system. These, combined with suitable aggrieved client, the willingness of the Supreme eligible for legal aid, who is slums, the estimated 200,000 NGO (non-governmental Court to interpret legislation to prepared to go through the people, including many minors, organisation) with a number of protect human rights, give lengthy litigation required to who are trafficked in the committed Indian professionals Indians radical protection (on reach the Lords. country for purposes such as who are prepared to go the paper at least). The tragedy is that the law the commercial sex trade or the extra mile to ensure justice for The fundamental rights seems to have little impact for number of bonded labourers in those they serve. My colleagues enshrined in the Consitution the tiny street girl overlooked India. The reasons are many rescue trafficked women and include equality (including the by the vast numbers of and include disinterest and children from the sex trade and abolition of titles), freedom of commuters who pass her by corruption, lack of resources ensure emancipation for speech, the right to life and every day, or the baby being and a legal system which is bonded labourers. Those who personal liberty, religious paraded all day in the midst of slow, laborious and to be are rescued are assisted to freedom, and the protection of traffic fumes to gain sympathy avoided. rebuild their lives and to work minorities. These have been and a few rupees. It appears to However there are those with the authorities to ensure interpreted by the Supreme have little effect for the many who are trying. I have the their perpetrators are brought Court to include the right to people in Mumbai who live in privilege of working for an to justice. It is not easy work July 7: The Law Lords rule 14: The charges against five 19: An Afghan warlord who 19: The Attorney General, 20: A High Court judge that the parole board can rail executives and the escaped the Taliban is convicted Lord Goldsmith, decides that rules that it is illegal for use the “special engineering group Balfour of carrying out a campaign of three British soldiers are, for the children to be forcibly advocates” system, Beatty over the Hatfield rail torture and hostage-taking. In the first time, to stand trial for war removed from curfew contoversially used in disaster are dismissed. A first trial of its kind under the UN crimes against Iraqi detainees zones. Under the 2003 Anti terrorism cases, to keep judge ordered the Old Bailey torture convention Faryadi Sarwar under the jurisdiction of the Social Behaviour Act, any evidence secret from jury to return not guilty verdicts, Zardad was prosecuted here International Criminal Court. unaccompanied under 16s Harry Roberts. The five months into the trial, after even though he is not British and They will face prosecution for going into a curfew zone system was damned by reviewing the evidence and the offences he committed were the war crime of inhuman between 9pm and 6am, two dissenting judges. listening to submissions. carried out in Afghanistan. treatment of detainees. faced a police escort.

6 I Socialist Lawyer G November 2005 News&Comment

Unfortunately, the Govern- ment has not accepted many of ‘Flawed’ Bill lacks the Committee’s recommendations and although the Bill will have been re-drafted by the time patient awareness it is introduced to Parliament in the autumn, the Haldane Society fears that it will still represent an n Tuesday 18th Octo- tional obligations under Articles attack on the rights of people ber 2005 ITV aired a 3, 5, 8 and 14 of the European with mental health problems. At documentary pro- Convention of Human Rights. the very least the Bill should con- Ogramme charting the The draft Mental Health Bill, tain a set of principles that en- perceived decline of a well published in September 2004, shrine these rights. known figure in the hearts and has since been considered by a The Haldane Society is also minds of the British public. Joint Scrutiny Committee. It concerned that the Government Frank Bruno relayed the impact contained many proposals which can so easily ignore the recom- of being sectioned under the would, if enacted, erode civil mendations of a parliamentary Mental Health Act 1983 after liberties and force many more committee, which has taken evi- being diagnosed with bipolar people with mental health dence from experts in the field as disorder, a mental illness. The problems into compulsory well as ordinary members of the stigma surrounding mental ill- treatment than is necessary. electorate, before making its rec- ness can perhaps be encapsulated The Scrutiny Committee ommendations. Additionally, the by a brief survey of the negative made 107 recommendations Haldane Society understands press coverage that accompanied based on evidence from mental that much of the detail about the Mr Bruno’s period of illness in health service users, leading practical safeguards for people 2003 or indeed any tabloid ac- mental health charities, health with mental health problems count of a crime committed by professionals and legal and who will be treated under the someone with mental health dif- professional bodies. These new law, will not be in the law ficulties. recommendations would vastly itself, but in a code of practice This Government is currently improve the draft Bill by which is much more difficult to forcing through legislation to as- placing the emphasis on the enforce. suage public fears regarding the rights, care and treatment of Therefore, the Haldane Soci- ‘dangerousness’ of the mentally vulnerable people without the ety is pleased to join the Mental ill. The Haldane Society is deeply need for compulsion. Lord Health Alliance as an Associate concerned about the proposed Carlile, the Chair of the Member and offer its solidarity and there are many obstacles, Mental Health Bill as it is Committee stated, “the Bill is in the campaign to provide legis- but my colleagues will risk presently constituted in anticipa- fundamentally flawed ... too lation which reflects the con- their lives or stay at a police tion of its proposed introduction focused on addressing public cerns of those who are best station all night to ensure in Parliament in the 2005 misconception about violence placed to safeguard the interests justice. Wonderfully, for those autumn session. We recognise and mental illness, and does not of those with mental health prepared to try, the law is on the vulnerable position of people do enough to protect patients’ problems. The Haldane member- their side. with mental health problems rights.” ship are urged to lobby their G Anna Corrigan. within the United Kingdom legal MPs on this matter. If one posi- Anna worked as an employed system and society as a whole, “Bonkers Bruno Locked tive impact of Mr Bruno’s illness barrister at Islington Law Centre and the marginalisation and stig- Away” The Sun front page is an increased understanding in for over six years before leaving matisation that they receive, es- headline in early edition of paper, the hearts and minds of the London to work with pecially in light of distorted and 23rd September 2003 British public of the mentally ill International Justice Mission sensational press coverage. In “Sad Bruno In Mental then ITV will have served the project in South Asia (see particular, it calls upon the Gov- Home” The Sun headline in public well in its documentary. www.ijm.org). ernment to abide by its interna- later edition G Declan Owens August 7: Six protesters are arrested outside 17: Families of 17 soldiers killed 21: High Court judge 30: A teenager 30: A survey of leading Parliament under new laws banning in Iraq begin a legal bid to secure imposes restrictions on ordered not to wear a law firms shows the top 100 spontaneous demonstrations within an independent inquiry into the picketing outside Gate hooded top as part of solicitors earned a half a mile of parliament. Under the lawfulness of the 2003 war. A Gourmet premises at an antisocial behaviour collective profit of £2.9bn, a Serious Organised Crime and Police lawyer representing the families Heathrow after complaint order can wear figure that is more than Act 2005 anyone gathering to lodged papers at the High Court, by the catering company hoodies again after a double the 1997 figure. Tom demonstrate within a designated area seeking a judicial review of the that its workers were Court ruled that the Freeman, editor of Legal is committing a criminal offence Government’s decision this May being harassed and ban breached his Business, said the pay gap unless they have been granted not to order an investigation into intimidated. Gate Gourmet human rights. between high fliers and authorisation from the police. the legality of the war in Iraq. sacked 670 staff. others was widening.

Socialist Lawyer G November 2005 I 7 News&Comment

tion. The protests had continued before the Act came into force since 2001 without a break, so were unlawful, as they amounted Government fails there was no way that it could be to an amendment for which there said to have ‘started’ after the Act was no power under the Act. De- came into force. spite the best efforts of the legis- As a result of this drafting lature to stop him, it was held by to silence Brian error, the Government took the the court that the Act did not extraordinary step of passing an apply to continuing demonstra- rian Haw, a protester ing to protest peacefully – both order on 10th June 2001 to tions that had commenced before against the Iraq war who near to Parliament and also at ensure that protests that began the Act had come into force, and has maintained a 24- other locations across the UK. before the Act came into force that it was never Parliament’s in- Bhour-a-day vigil in Par- Brian Haw’s protest is situated and were still continuing also re- tention that this was to be the liament Square since June 2001, in parliament square, an area in quired notice to and authorisa- case. Mr Haw could continue his can continue his protest because close proximity to the Houses of tion from the police. This piece of protest lawfully. of a drafting error in a new law Parliament. Under section 132 of legislation was focused entirely What are the implications of seemingly specifically designed to the Act, as of 1 August, 2005 this on one man: Brian Haw. the decision for other peaceful stop him demonstrating there. area became a designated area in Mr Haw contended that those protests? Mr Haw’s case was un- On 29th July 2005 the Divi- which it was a criminal offence parts of the order that required doubtedly a significant victory. sional Court ruled that section for a person to demonstrate if, authorisation for a continuing However, it is of great concern 132 of the Serious Organised when the demonstration started, demonstration that had started that the massive effort that the Crime and Police Act 2005 (the authorisation had not been given Government has expended on Act), brought in to control by the police. It was clear from a trying to remove Brian may have demonstrations around the straightforward reading of the no effect on him, but it does Houses of Parliament did not section that the Act only applied affect all of the rest of us. Autho- apply to Brian Haw’s protest. to protests that started with- risation to demonstrate is now This was a significant victory for out prior authorisation, required for any protest taking Mr Haw, and symbolic for those and thus protests that place anywhere within a one who believe that the right to started after the Act kilometre radius of Parliament – peaceful protest goes to the heart had been passed. an area that includes Parliament, of the British tradition of liberty. Mr Haw’s protest Whitehall, Downing Street, the It also made a mockery of the had begun in Foreign Office and New Scot- Government’s lengthy, clumsy June 2001, so at land Yard. There have already and heavy handed attempt to the point that it been more than a dozen arrests remove Brian and his conscience- started there was made for unauthorised jarring protest from the promi- no such require- protest, and many more are nent position he occupies. ment to obtain sure to come. In addition, However in spite of this ruling, authorisa- the Act also contains power Part IV the Act still remains in for the Home Secretary to force, and still designate other sites around has serious im- the country where trespass will plications be an offence, an extension of the for those offence/tort of harassment to wish- cover more protest activities and new offences applicable specifically to animal rights protesters. While Mr Haw’s case is a battle won, the war against the right to protest rages on. G Alex Gask & Anna McLeod, Brian Haw’s extraordinary protest brought an extraordinary response from the government – who still lost

Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: Liberty September 6: Five rail 12: The Israeli 12: Make Poverty History is 12: Revelations that 13: The European Court 26: The head of the executives charged government banned from advertising on the CIA has used British of Human Rights rules international over the Hatfield declares an end to television and radio. The media airorts when abducting that Britons’ human rights decommissioning crash in which four 38 years of military regulator ofcom rules that the terrorism supects and were being violated body, General de people died and occupation of thhe “click” ads (including flying them to prisons because of the legal bar Chastelain announces more than 100 injured Gaza Strip and celebrities Kate Moss and Brad around the world where on marrying their in-laws. that the IRA’s entire in October 2000 are hands over Pitt) constitute a political they can be tortured arsenal of weapons cleared of breaking demolished Jewish message and therefore fall foul leads to an investigation has been put beyond safety rules. settlements to the of the 2003 Communications by the UN. use. Palestinians. Act.

8 I Socialist Lawyer G November 2005 News&Comment Action

evidence presented that these Israel denies papers could be considered a threat to the security of Israel. CHRISTMAS PARTY However, to confiscate every- TICKETS Vanunu rights thing is to deprive Mordechai of Don’t miss the Haldane n 25th July, in another his prison experience and life Christmas Party on of a long line of ques- story. tionable decisions, the “It is like stealing his recent Friday 9th December at OIsraeli supreme court history” declared Ernest Rodker, the Apple Tree, 45 Mount once again showed its prejudice a friend and supporter. “This is Pleasant, London WC1. FROM THE STATEMENT against Mordechai Vanunu, the an outrageous decision, without For more information and CONDEMNING THE ‘nuclear whistleblower’ released precedent, and surely is just an- ASSASSINATION OF THE from prison 18 months ago. other indication that the Israeli to order your tickets PUERTO RICAN INDEPENDENCE LEADER It turned down Vanunu’s legal system is vindictive and please contact Christina FILIBERTO OJEDA RIOS appeal to have all his prison blind to international human at: Christina.Gordon BY THE FBI papers, correspondence, diaries rights legislations when it comes and notes (confiscated when he to dealing with Mordechai @tooks.co.uk jeda died as a result of was released from Ashkelon Vanunu.” said Ernest. “He poses a fusillade of shots, in- prison in April 2004) returned to no threat to the security of Israel; dicative of a military him. No criminal charges have he just wants to leave the coun- WE NEED YOUR Ooperation. Federal arisen from the contents of the try and begin to rebuild his life EMAIL ADDRESS! agents and sharpshooters had papers, and there has been no in America.” been brought in from the United We are planning a great States; a media blackout was im- Haldane’s 75th posed; the Puerto Rican authori- countries of the Global North, Anniversary programme ties apparently excluded from the Audit help these audits will concern com- including an excellent operation. The timing was mercial and public loans offered overtly political; Friday 23rd Sep- required to the South. The UK arm of this CPD lecture series and a tember 2005, when the people of project is still at an early stage, major anniversary Puerto Rico were commemorat- he debts of the world’s but the aim will be to gather in- celebration. We need to ing the anniversary of the Grito low-income countries formation on the circumstances de Lares, the national patriotic are a mechanism for of loans and of who benefitted be able to bring you uprising of 23rd September 1868 Ttransferring wealth from them. The audit informa- information the quickest against the Spanish colonisation from the poor to the rich, and lie tion will be shared globally, and and most efficient way of Puerto Rico. The Haldane So- at the root of world poverty and – it is hoped – will play a crucial ciety of Socialist Lawyers pro- inequality. The events of 2005 – role in building the focus and the possible, which means claims its utter condemnation of including the G8 Summit, the strength of the debt campaign. e-mail. So please send this brutal crime. We appeal to Make Poverty History campaign, Jubilee Scotland is one of the your e-mail address and the Special Rapporteur on Extra- and other campaigns – have led organisations involved and they DX details (to help us judicial, Arbitrary and Summary to a reduction in these debts, but welcome expressions of interest Executions of the United Nations the political problem of policy from people to whom it could save on postage costs Commission of Human Rights control exerted by the Interna- turn for occasional advice on the with Socialist Lawyer) to and to the Committee on Human tional Monetary Fund and development of this project. our membership Rights of the International World Bank remains. If you would like further in- Covenant on Civil and Political In September, representatives formation please contact Ben secretary immediately at Rights, to investigate and con- of debt campaigns met in Cuba Young, National Co-ordinator, marcusjoyce1 demn the violations of human to propose a strategy for the Jubilee Scotland, 41 George IV @gmail.com rights perpetrated by the police global debt campaign, a central Bridge, Edinburgh EH1 1EL; agencies of the United States in part of which will be to carry tel 0131 225 4321; or go to Puerto Rico. out national “debt audits”. In www.jubileescotland.org.uk

ADVERTISEMENT October smith+bell 5: Chief Inspector of 13: The jail 14: Immigration judges order an end 17: Crown Prosecution Service We can turn your raw copy into Prisons, Anne Owens, population to deportations of failed asylum announces that rail chiefs will dynamic pages for newsletters or reveals that prison officers in the UK seekers to Zimbabwe, saying those not face manslaughter charges magazines; quickly lay-out a sharp, at two of UK’s biggest reaches sent back were handed straight over to over Potters Bar rail crash, in effective flyer; or craft an annual immigration centres 77,622 – just security police. The Asylum and which seven people died and 76 report. Whatever you need to get routinely carry wooden 527 places Immigration Tribunal ruled an asylum were injured, saying there was your message across. Ring Andy or staves to “enforce short of seeker would be at risk if sent back to no “realistic” prospect of criminal Denise on 020 8347 6462 to discuss discipline”, despite the fact “house full” Harare. The three judges were alarmed convictions against any person how we can help you, or email us at their use is banned in low- limit. at the Home Office’s lack of interest in or company for manslaughter or [email protected] security prisons. what happened to those sent back. gross negligence.

Socialist Lawyer G November 2005 I 9 10 I Socialist Lawyer G November 2005 Pictures by Jess Hurd Socialist Lawyer interview

‘LEGISLATION SHOULD BE THE LAST RESORT’ Since Shami Chakrabarti became Director of Liberty in 2003 she has been campaigning for human rights and civil liberties at a time when national security, not human security, is seen as paramount. She discusses with Cate Briddick the Government’s response to the July bombings, human rights and national security, New Labour spin and what she believes the Home Secretary’s role in Government should be On Wednesday 12th October the Gov- game” press conference on 5th August, just ernment published its Terrorism Bill amid before he went on holiday, and outlined his much controversy; what is Liberty’s “12-point” package of measures which pur- position on the proposed legislation? port to deal with the threat of terrorism. Some Overall it is a desperate shame that the some of the measures he announced, like the exten- knee-jerk sound-bites from the Prime Minister sion of pre-trial detention to 90 days, came and his spin doctors will overshadow some of straight from an ACPO press release. This has the more proportionate and sensible details in become symptomatic of the Prime Minister’s the Bill. Ultimately, however, the very impor- personal approach to the politics, legislation tant job of legislating in this country has been and the British constitution. There are aspects denigrated to the lowest form of spin. There of this Bill that will make us less safe. was a degree of dignity shown by the Home Do you think that the proposed exten- Secretary Charles Clarke’s immediate response sion of pre-charge detention in terror- to the London bombings. When asked on Shami Chakrabarti trained as a barrister ism investigations to 90 days is an and worked as a legal advisor in the Home Radio 4’s Today Programme whether ID cards Office for 6 years, under both Conservative and attempt to bring in detention without would have made a difference he answered Labour governments. She was involved in the trial by the back door? “probably not”. When asked whether certain implementation of the Human Rights Act 1998. Absolutely. When you really peel away at the cleric’s should now be “rounded up” he said Shami became Director of Liberty in September supposed justifications for this drastic exten- that it was very important to make distinctions 2003 and spent the following two years sion you end up with the same idea: that pre- between those who said things that he dis- campaigning against the increasingly ventative detention is justified and something repressive anti-terrorist measures which agreed with and those who were responsible followed the 9/11 attacks in the USA. As well as that we should accept. If it is about the com- for the bombings. Those comments were to his responding to Government proposals and plexity of evidence gathering in terrorist inves- credit and gave us real hope that there could be legislation Shami has spent a considerable tigations then there are more proportionate some restraint and some consensus at a time of amount of time as Director of Liberty writing and ways of dealing with this problem. The police genuine threat. This went well until the Prime speaking on the need to create a positive should be given more resources, suspects could Minister gave the notorious “rules of the “culture of respect for human rights” in the UK. be charged with lesser offences (such as with-

Socialist Lawyer G November 2005 I 11 L holding evidence) with more serious charges cally inciting terrorism became a criminal of- world. That means if I were to say that Robert being added as the evidence emerges. A judge fence. The proposed offence of “encouraging Mugabe is a terrible leader and that the only could order that a de-encryption key be handed terrorism” goes further still and has two major thing left for his people to do is to bring him over (where evidence is encrypted on a suspect’s problems. down by force, that could be taken as an en- computer). Firstly, you don’t have to have intended to couragement to terrorism and I could face up All of these proposals have been suggested encourage anybody to do anything to have to seven years in prison. Indeed, if before the to deal with the purported problem of com- committed an offence. If you say or do some- war in Iraq journalists or politicians had said plexity, but ultimately what we are talking thing that you ought to have reasonably be- similar things about Saddam Hussein the same about is internment. If it is acceptable to detain lieved was likely to encourage someone to would apply. a suspect for 90 days without trial why not six commit terrorism you may have committed an Charles Clarke, who has to defend all this months or three and a half years as we had in offence. nonsense, had to admit to the Home Affairs the Belmarsh case? Holding someone for 90 What that means is that comments like Select Committee that we might have come to days without charge is the equivalent of giving those made by Cherie Blair that she understood a point where it was no longer legitimate to them a six-month custodial sentence. It is over why some Palestinians might be driven to con- advocate taking up arms against the Govern- twenty times the pre-charge detention time limit sider acts of terrorism, or that express sympa- ment of a state, however brutal. He had to say for murder. All of this comes back to the same thy for their mothers, comments that were this when being asked questions about North “anti-philosophy” of the Prime Minister where never intended to encourage anyone to become Korea. This shows how shockingly broad this he asks the police what powers they want and a suicide bomber, that at worst might be con- speech offence is and the constitutional then gives them to them. The argument that is sidered silly or negligent things to say, might be poverty of the Government and the Prime always raised is “the police want these powers, an offence under this legislation. Negligent Minister himself, that they are prepared to do you know better that the police?” The speech is now to be a criminal offence punish- countenance the creation this offence. It is des- answer is that democratically elected politicians able by seven years imprisonment. perately dangerous, not only in terms of crim- cannot and should not give blank cheques to The second problem with this offence is that inalising things that are said that you might the police. That is, however, what the Prime the definition of “terrorism” is so incredibly never have intended anyone to act on, but in Minister is prepared to do to court popularity broad. It will cover politically or ideologically terms of affecting out ability to talk about dic- and that is deeply irresponsible. motivated threats or crimes not just against tatorships around the world. The Government initially published people, but against property, anywhere in the Even where people are saying things that I proposals to create an offence called don’t agree with, whether here or in different “indirectly encouraging terrorism”. places around the world, this is speech. If the Then, after what the media termed “a Government thinks that it is going to engage massive U-turn” the Government pub- “Democratically with disaffection and win an ideological war lished the offence “encouraging ter- with people who think that we are a decadent, rorism” in the Terrorist Bill 2005. What elected politicians western society who believe in nothing, this is problems do you think there are with cannot and should not the way not to do it. Look at Middle Eastern this “speech” offence? regimes that repress free speech and see how Inciting murder has rightly been an offence in give blank cheques to terrorist groups prosper in those countries. It is the country for at least 200 years. In 2000 the not just that I object to this offence in the usual Government extended the law so that specifi- the police” way the director of Liberty ought to object; but

12 I Socialist Lawyer G November 2005 Sometimes it will incriminate someone, some- curity march hand in hand. One of the things times it will exculpate someone. We at Liberty that is interesting about the speech offence and say that judges should issue the warrants for the hideous 90 days pre-charge detention is that telephone tapping, not politicians, but of that these measures are as bad for our safety as course the evidence should be used. they are for our freedom. I am absolutely confi- I have heard two arguments against the ad- dent that both of these discriminatory, arbitrary mission of wire-tap evidence. Firstly, that its measures will give ammunition to terrorist re- admission would let the terrorists know that cruiters. We have direct experience of this in re- there is a capacity to listen. But in broad terms lation to Irish paramilitary activity. If this everybody knows that there is a capacity to legislation is passed we will see young predom- listen. Secondly, it is thought that the terrorists inantly Asian, Muslim, men arrested on suspi- might stop using telephones or the internet to cion and detained for the equivalent of a communicate. But all that we are saying is that six-month prison sentence. The concern is less the absolute bar should be lifted; not that wire- for those who are eventually charged, because tap evidence has to be used in every case. If they will be detained for long periods anyway. there is material that can be used in the fair trial The real concern is for those who are released on of someone then that has to be better than the the 89th or 90th day, who return home never insecurity and injustice caused by internment. having been charged with any offence. In the It seems that a tension has been cre- meantime life has moved on and people who are ated between human rights and na- extreme have been visiting their family, looking tional security with national security after their mum, talking to their younger broth- being used to undermine rights. What ers. They will say “that was British justice. can be done to shift the debate away When you needed help did British justice protect from this damaging dichotomy? you or did we protect you?” That is the surest As the Government becomes more and more recipe for making things worse and aiding the extreme we must resist the temptation to get recruitment of more and more people to a cause involved in a “clash of civilisations” with them. that believes that this is a decadent country that We, as passionate believers in rights, are be- has no real beliefs. coming more and more reasonable as they look It is worse than that, its not just the pro- more and more extreme. posed legislation, but every time the Prime We need to remind people that there is no Minister makes a speech battering the criminal contradiction between human rights and na- justice system and denigrating liberal values he tional security because the human rights frame- gives support to the idea that western liberal work contains the imperatives of protection as democracies are not based on any firm belief or well as freedom. In the international context principle, that all we have is weakness and an we think of “protection” as a classic humani- absence of values. Every time he does this he is I object as a mother of a small child who does tarian principle, we don’t think of it as being at reinforcing the views of people who support a not want to see more lives lost. odds with “human rights”. This is a frame- new brand of totalitarianism. Ultimately, as The Home Secretary has said he will work that was left to us by people who lived with previous threats to this country, the ter- be working with the CPS and intelli- through the Holocaust and the Second World rorist threat will be defeated by standing firm gence agencies to see whether a War. We don’t say it enough, because perhaps to our principles and liberal democratic values. change in the law would be possible some of us come from a tradition that does not The European Court of Human Rights which would allow for more sensitive like to cite Winston Churchill, but he was one ruled in Chalal v UK that deporting evidence – perhaps including inter- of the greatest proponents of the European someone to a country where they may cept evidence – to be used in criminal Convention on Human Rights. That fact face torture is in breach of Article 3 of trials while safeguarding intelligence should be thrown in the face of Tory leader- the European Convention of Human methods and the rights of defendants. ship contenders who say that they want to Rights, the right to be free from torture, Why does the Government appear to repeal the Human Rights Act. So rights and inhuman or degrading treatment. One be shifting its position on the admis- protection are brought together in the human of the Prime Minister’s proposals out- sibility of wiretap evidence? rights framework. However, this framework lined on 5th August is the deportation The Prime Minister takes these absolute posi- requires a disciplined approach to policy which of individuals to countries like Algeria tions because he wants to be seen to be “talk- in turn makes better legislation. and Jordan following the conclusion of ing tough” because of the machismo that There are times when freedom and security, “memoranda of understanding” that surrounds home affairs. Decisions are taken in not human rights and security, are in tension. deported people will not be subjected absolutist terms and then when they are shown There are times when it is necessary and pro- to torture or ill-treatment. Veiled to be ridiculous or illogical (as is now happen- portionate to interfere with a bit of my freedom threats have also been made against ing with wire-tap evidence and occurred with to achieve security. The moment where my tele- the judiciary that if these deportations the proposed “glorification” of terrorism of- phone is tapped or where I am subjected to a are blocked the Human Rights Act may fence which then became “encouraging terror- proper stop and search based on reasonable sus- be amended or other legislation ism”) because of a range of criticisms, then picion or on stopping and searching everyone passed directing judges to consider na- there has to be something that is seized on as a who enters a particular area. There are many tional security when making the deci- “U-turn”. When politicians back themselves other moments though when freedom and se- sion of whether or not to deport into corners in this way it makes it harder for someone. What do you think about them to listen to good advice. these proposals and this attack on the We at Liberty have advocated for the ab- “We, as passionate independence of the judiciary? solute bar on the admission of intercept evi- They call it “respect”. That is the shocking dence in criminal trials to be removed for some believers in rights, are shame of it. They threaten the independence of time. People think that this position is surpris- the judiciary and call it respect. How can you ing. If it is right, and I think it is, that some- becoming more and tell young people that they should obey the law, times we interfere with people’s liberty in a that respect of the law is part of the wider re- necessary and proportionate way and tap their more reasonable as spect we give others in our society when the telephones because we have reason to believe they look more and Government treats the law with such con-

that they are involved in a serious crime, then tempt? This is a fundamental problem that L why not use that evidence in a criminal trial? more extreme” goes even deeper than problems with the plans

Socialist Lawyer G November 2005 I 13 gentleman shouted “rubbish” at his assertion that the Iraq war was in no way linked the terrorist bombings in London. Sure enough a goon in a yellow waistcoat started looking for the source of the dissent. What chilled me the most is that half a dozen Labour Party members sitting in the balcony started pointing at the man. That finger-pointing, that denuncia- tion, chilled me. I went home and thought that they had done this to their party and that the Prime Minister wanted to do it to the country as a whole. Finally, if you were the Home Secre- tary what legislation would you pass or do differently? I had the privilege of working at the Home Office for six years under Conservative and Labour Home Secretaries and it is an incredibly important Department of State. The role of the Home Secretary is a very important one in

L our constitution as he sits on the line between to deport people to states that use torture, this latest gimmick or what is going to be in the freedom and security. It ought to be a place contempt, this arrogance of the Government, Sunday papers. That is how serious home af- where you do your best, but ultimately, you go this belief that they are above the law. I once fairs and constitutional policy is now being for- to bed at night and say a little prayer that there had a debate with a New Labour MP, I won’t mulated. Half the time the Prime Minister does is not going to be a terrorist attack or prison name him. I will protect the guilty on this oc- not know the detail of his own proposals. If he escape. My fear is that Home Secretaries over casion because what he said was so terrible. He were really taken to task about some of the the last ten years have seen the Home Office as was asked by the chairperson, “Don’t you be- proposals he makes at press conferences it a potential vote winner, as a place to go from lieve in the rule of law?” The MP replied “of would be revealed that there is no thought or to be party leader or Prime Minister, rather course I believe in the rule of law, I’m a legisla- detail behind them. I think that after one of than a great office of state that quite possibly tor. I make the law and other people obey it.” these press releases poor civil servants have to should be your last job in high office. There was not a hint of irony in that answer. search around and come up with legislation I would not dream of saying that I could be That is what we are heading for. that in some way matches the sound-bites. It is a better Home Secretary than someone else, but In terms of these proposed deportations and absolutely disgraceful and results in incredibly I would pass less legislation. I would try and diplomatic assurances, if the Government bad legislation that makes nobody safer. It move away from the idea that every societal ill thinks that notwithstanding Algeria’s appalling leads to the drafting of sweeping powers that can be cured by more legislation. In some ways human rights record, it could persuade Algeria are then used against those who voice dissent, the Home Office becomes a dustbin for policy to renounce torture, that would be a very good such as Walter Wolfgang. that is difficult, or that has not worked else- thing. If the Prime Minister was to use his con- I think that there is a very serious point to be where. When Mr Blunkett was Education Sec- siderable personal charm and diplomatic skill made about the events surrounding Mr Wolf- retary he thought that too many young people to achieve this as part of an ethical foreign gang’s expulsion from the Labour Party con- were playing truant from school so the Home policy then that would be a considerable ference and his brief detention under Office gave him a criminal offence to punish achievement. I am, however, extremely scepti- anti-terrorist legislation. The Prime Minister’s parents who could not get their children to cal about whether these diplomatic assurances response to this seemed to be that he was not school, which attracts a sentence of imprison- are going to achieve this. Ultimately, it is for in the convention centre at the time and was ment. So a poor, single mother, having prob- the courts to look at the evidence and decide not therefore responsible. I think that he is re- lems getting her son to school, can be sent to whether it is safe to return someone. sponsible, both in the constitutional sense that prison. How does that help her or her children? There is a certain honour in putting your he is that architect of these sweeping new Too often police powers or criminal justice leg- beliefs on the table and the diplomatic assur- powers, which are ripe for use and abuse islation are used as the first option for changing ance before the court. What I really object to is whether intentionally or not. He is also, how- people’s behaviour. Not education, integration that the Government is saying that we will put ever, responsible for a culture that says that or incentives, but criminalisation. The Govern- these assurances before the courts, because we someone who is dissenting, or irritating, or dif- ment tries to use more and more draconian believe in them, but there is a gun under the ferent or whose behaviour causes “harassment, sanctions to achieve its aims. It uses legislation table. The gun is the threat that if judges are alarm or distress” (the public order and ASBO as the first resort rather than the last. The crim- not persuaded by the assurances and argu- legislation) are to be stopped. I was at the con- inal justice system and prison need to be the last ments the Government will amend or repeal ference a couple of days before that incident resort. We are addicted to home affairs legisla- the Human Rights Act, or legislate to tell the sitting in the same balcony listening to the tion, as a political class and as a country. That judiciary what to think. That is despicable. Home Secretary’s speech when another elderly addiction has to be stopped. The Home Office This is not changing the rules of the game; it is is not a place to deliver solutions for our society. making them up as you go along. It is tawdry Look at how many of the Prime Minister’s ini- and unacceptable. tiatives or speeches centre on home affairs, on The Prime Minister has recently pro- “If Tony Blair was really tough new powers – it is cheap. Legislation, like posed giving the police summary taken to task about talk, is cheap. But it can be very expensive to powers such as the power to issue an our rights and freedoms and to the kind of so- Anti-Social Behaviour Order or disqual- some of the proposals ciety that we want to live in. ify someone from driving. This seems to G The full text of the Terrorism Bill can be found at be another situation where a police or he makes at press http://www.publications.parliament.uk/pa/ ACPO “wish list” is picked up by the Gov- cm200506/cmbills/055/2006055.htm G ernment and proposed as a new law. conferences it would For more information about Liberty visit their website: www.liberty-human-rights.org.uk/. Everything revolves around the news cycle. I be revealed that there Support Liberty’s vital work by joining lawyers for hate to be predictable but there is a lot of evi- liberty: http://www.liberty-human-rights.org.uk/ dence, in the memoirs of ex-special advisors is no thought or detail join/join-lawyers-for-liberty.shtml and in my own experience, that serious policy Cate Briddick is made up in a press release. It is all about the behind them”

14 I Socialist Lawyer G November 2005 Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: t is time the Prime Minister recognised that the new legislative clothes of the current Terror Bill are no more convincing or ILLUSION OF effective than the Emperor’s. They are an illusion and the majority of onlookers re- alised some time ago that they afford no Iprotection. PROTECTION For the last 35 years, I have participated in numerous trials involving allegations of terrorism. I have argued a great many appeals. I As we go to print, Parliament is once again even had my car blown-up outside the Old Bailey in 1973. I have a close interest in what considering a massive extension of ‘anti- works and what doesn’t. The pattern is horribly familiar. A bomb terror’ legislation. By the time you read this, outrage occurs, innocent civilians are slaugh- tered and the Government of the day feels most of it may already be law. However, as compelled to posture a tough stance. Within Haldane President Michael Mansfield QC days there is a raft of new measures creating new offences and powers under the heading argues, there is a powerful case for repealing of Anti-Terror. In the hurried debates that follow, the question that never gets an ade- all such powers as they are more likely to quate answer is whether such legislation is even necessary, let alone effective. Or rather, lead to miscarriages of justice than to can such legislation be counter-productive?

The short answer is that none of it did, nor L increased protection for the public could it have, prevented what happened on

Socialist Lawyer G November 2005 I 15 L the 7th and 21st July. In the four years since out sight of evidence against them. The At- such a conspiracy, let alone any of that Ricin, September 11 2001, a total of 895 people torney General berated the Law Lords for to which both Blair and Colin Powell made have been arrested under the Terrorism Act daring to question what he deemed a matter such frequent reference in the run-up to war. 2000, but only 23 have been convicted of ter- of political judgement. Only some strident The Government has ploughed on regard- rorist offences. This pattern has been repeated and forceful observations by their Lordships less of the jury’s verdict and regardless of the throughout the history of this type of legisla- finally curbed the Star Chamber excesses of rule of law. It has detained MS once again on tion since the mid-1970s. Blunkett, Clarke and Blair. precisely the same material upon which the The term “terrorism” is unnecessary and The Government now comes back de- jury adjudicated his innocence. The object is undefinable. Acts of terrorism are invariably manding 90 days’ detention without charge. to return him to Algeria, a state with a shock- covered by ordinary criminal offences: pos- Only regimes like apartheid South Africa ing record of human rights violations, includ- sessing explosives, chemical or biological have employed similar provisions. Assertions ing torture. weapons, causing explosions; attempt, incite- of the kind made in a briefing document by Some of the Ricin jury have exceptionally, ment and, most commonly, conspiracy. The the Assistant Commissioner, Andy Hayman, and courageously, spoken out about the way ludicrous contortions in the new Bill (encour- are seriously misleading. He cites a case their verdict has been nullified and about the agement and glorification; dissemination; and study ‘Operation Springbourne,’ another proposals in the Terror Bill. As one observed: preparation) are unworkable, do not improve name for the Ricin Case. MS, a defendant in “before the trial, I had a lot of faith in the au- the ordinary legal framework and risk alien- the trial, was originally charged with terror- thorities to be making the right decisions on ating the very people who most need protec- ist offences in September 2002. He was de- my behalf… I never really gave it much tion. tained in Belmarsh. In early 2003 he was thought. Whereas having been through this What is ‘terrorism’? Different meanings charged with conspiracy involving Ricin. trial I’m very sceptical now as to the real crowd in upon each other. Under s.1 of the The trial did not start until September 2004 reason why this new legislation is being Terrorism Act 2000, terrorism is defined as so, in all, the police had over two years to pushed through.” As the words are spoken “the use or threat of action for the purpose of sift the material. As often happens in com- you can hear another nail being hammered advancing a political, religious or ideological plex cases, holding charges were brought into the coffin of jury trial by minions in the cause.” That surely is the case when States go whilst further investigation took place. This Home Office. to war, illegally, to advance a cause like enabled the prosecution to add or amend One of the real reasons for 90 days is in- “regime change” and thereby commit acts of charges, as they did in Ricin, to serve addi- timidation. Hayman constructs a theoretical “state terrorism”. The UN and the recently- tional evidence, as they did in Ricin, and to case study that highlights how 14 days does established ICC are still not unable to agree get repeated extensions of time from the not afford enough time to crack the silence of on defining either the war crime of Aggres- court to serve their summary of evidence. interviewees. This has echoes of the days sion or terrorism. MS was acquitted of all charges, as were all before PACE which produced unreliable con- As for ‘glorification’, Milton’s eulogising co-defendants save one. fessions, wrongful convictions and miscar- of the Old Testament ‘terrorist’ Samson; Ben It is therefore erroneous to state that the riages of justice. Jonson’s Sejanus, presently being performed police face impossible time frames in which The police and the security services already by the RSC; the Guy Fawkes celebratory ex- to prepare their case. In light of the verdict, have a vast array of powers, not dependent hibition in the House of Commons itself we are entitled to ask whether there ever was upon the need for an arrest. At the end of the might all fall foul of the glorification clause. day, besides obvious changes in British foreign No one will be reassured by the claim that policy, the only way of combating terrorism is such examples would never be at risk; tell that “There needs to be a through reliable, responsible and specific in- to the 600-odd detained during the Labour telligence. The authorities are allowed to Party Conference under Terrorism provisions; thorough-going engage in phone-tapping, electronic inter- tell it to Walter Wolfgang. cepts, decryption of electronic data, eaves- And there is always ‘detention without independent inquiry dropping, covert surveillance, accessing bank charge,’ the ultimate weapon that demon- accounts, etc. strates the government really means business. before Tony Blair lets Assistant Commissioner Hayman claims Barely a year ago, this government staunchly the police have it all that there was an intelligence vacuum in rela- defended its right to lock-up foreign nationals tion to both London attacks in July 2005. indefinitely, without charge or trial, and with- their own way” This seems to be contradicted by BBC’s File on 4 (25th October 2005), suggesting there was intelligence on one or more of the perpetrators, indicating associations with people and places known to the authorities and re- ferring to covert surveillance and filming of one of the 7th July perpetrators. There needs to be, at the very least, a thorough-going independent inquiry before Blair lets the police have it all their own way. We cannot depend on the Tories to perform a challenging or in- quisitive role. Anti-Terrorism legislation is not only largely irrelevant and illusory; it is often counter-productive. First it was the Irish, now it is the Muslim community, made to feel criminalized, isolated and alienated. Their homes are raided, their places of worship placed under surveillance, their bookshops closed. Some feel it unsafe to walk the streets. Islamophobia is whipped up by sections of the media, particularly tabloids. This should be the moment for serious reappraisal of how terrorism should be dealt with in a democratic society. This is not achieved by according it special status and claiming that only special I Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: legislation can do the job.

16 I Socialist Lawyer G November 2005 Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: ‘IT MUST NEVER HAPPEN AGAIN’ This ‘war on terror’ has become a by-word for failures of intelligence, argues Liz Davies, which led to the death of Jean Charles de Menezes

n Friday 22nd July 2005 in after independent scrutiny of all the circum- ern Ireland which were not only abuses of civil London, the police acted as stances, not as a knee-jerk reaction on the day. liberties but were also profoundly ineffective. judge, jury and executioner. Instead, politician after politician queued up to Internment in 1970s Northern Ireland, de- Jean Charles de Menezes is a explain that shoot-to-kill is now necessary. scribed as the IRA’s best recruiting tool, has victim of the war on terror in Now that we know that Menezes had noth- been followed by 21st-century detention in London, just as those who died ing to do with terrorism, and there is to be an Belmarsh. Muslim communities are treated by Oon 7th July are victims. He was killed for three inquiry, Sir Ian Blair expresses his regret at the the police and racists as suspect communities, simple reasons: he wasn’t white, he was wear- tragedy but adds, almost casually, that it might with thousands of young non-white men sub- ing a bulky coat and he ran away from the happen again. The inquiry must examine not ject to stop and search, and racist attacks es- police. Who knows why he ran, but for no only the actions of the police at the scene, but calating, just as the Irish community was in reason that could justify summary execution. the instructions from the top and the whole the 1970s and 1980s. Now we see the police We Londoners, afraid of suicide bombers “shoot-to-kill” policy. It must examine why operating shoot-to-kill and doing so under and police violence, are getting a small taste Blair persisted in describing de Menezes as a pressure, after 21st July, to get results. The of what life is like in Baghdad. suspected terrorist after he had been told that pressure to get results produced the Guildford The rush by leading London and national he was innocent. It must examine why senior Four, Birmingham Six, Annie Maguire and her politicians, and by most sections of the media, politicians were so quickly to leap to the de- family, and Judith Ward – all appalling mis- to support the police action was breath taking. fence of the police. It must never happen again. carriages of justice, but at least not executions. In a democratic society, the first response when Where have we seen the state operate This war on terror has become a by-word a member of the public is killed by the police “shoot-to-kill” before? Apartheid South for failures of intelligence. A failure of intelli- should be to suspend the officers involved and Africa, present-day Palestine, Los Angeles, gence led to Jean Charles de Menezes’ death. A to announce an independent inquiry. There are and, of course, Northern Ireland. failure of intelligence, and our politicians doc- circumstances, obviously, when an inquiry New Labour’s assault on civil liberties, toring the intelligence that was available, led might conclude that the only thing that the ratcheted up several notches post-9/11, repro- to the announcement that Iraq had weapons of police could have done, to protect the public or duces the infamous policing techniques used mass destruction, to an illegal invasion and

themselves, was to kill. But the gravity of that in Northern Ireland. Extraordinarily, New continuing illegal occupation, and to the deaths L conclusion is such that it should only be reached Labour chooses those methods from North- of thousands of innocents – civilians and sol-

Socialist Lawyer G November 2005 I 17 L diers. Those failures of intelligence have created the climate for terrorism to escalate. We must end the view that civil liberties are negotiable. America and Britain have encouraged, and practised, torture, despite the absolute prohibition on torture in international law that both have signed up to. Both countries will use evidence extracted by torture else- where. Both have practised torture on detainees in Iraq, in Bagram, and in Guan- tanamo Bay, alternatively denied and justified as preventing further acts of terrorism. But, of course, what someone says under torture is not reliable, it’s aimed at what the victim believes the torturer wants to hear. Mass mur- ders have not been prevented. Torture didn’t identify the bombers in Madrid, Istanbul, London, Egypt. Now summary execution is acceptable if, apparently, it is used to forestall mass murder. But, just like torture, the chances of summary execution actually preventing mass murder are remote. The chances, however, of the police getting it wrong and killing innocent people are high. A democratic state has a duty to maintain non-negotiable standards; otherwise we slip further and further into arbitrary state power. De Menezes’ shooting will make it harder for the police to find and prosecute those involved in 7th and 21st July, or anyone planning similar criminal acts. Just as the Irish community was suspicious of the police, so anyone who might be mistaken for a Muslim (logically any of us given that it is a religion, but in practice those who are not white) will think twice before giving information to the Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: police. Suppose they detain me as a terrorist suspect? Suppose they shoot me if they raid my next-door neighbour’s house? Repressive, unfair laws are more likely to In response to 7th July, the government proposes yet more restrictions on civil liberties. increase the likelihood of terrorism rather than Those suspected of terrorist involvement may Louise Christian be detained – without charge let alone trial – combatting to, argues for up to three months. There is still to be the thought-crime offence of “glorifying terrorism”. These are fundamental assaults on our basic freedoms and won’t help the police detect STAY CALM, or prevent terrorism. There are plenty of criminal offences available to deal with potential terrorists – murder, conspiracy to commit murder, the carrying of explosives. The police THEY SAID don’t lack offences with which to charge potential suicide bombers; their problem lies in oliticians tell the public who travel of strength and more attacks on civil liberties detecting them. The reality of more anti-ter- on public transport to remain calm may be counterproductive. The recent an- rorism offences is that the police will have more and carry on normal life. Yet the re- nouncement by the IRA that it has abandoned tools, and more opportunity, to harass anyone sponse from politicians and police its arms is a timely reminder that we have our they choose and grievances will escalate. to terrorist attacks in London is one own recent history of political panic causing Above all, political solutions are required of panic and hysteria. Already one miscarriages of justice resulting in an increase, to end the war on terror. Blair’s denial that the Pinnocent man has been shot dead. Armed not a decrease, in violence. London bombs had any connection with the police roam the streets, and innocent people While in opposition, the Labour Party voted occupation of Iraq is as unrealistic, and self- are being arrested and searched at gunpoint. against the yearly renewal of the Prevention of justifying, as an alcoholic denying that he has Worse still, police have produced a “shopping Terrorism Act. But in 2000, the Labour gov- a problem. Ending the occupation of Iraq and list” of new legislation to be rushed in, and the ernment enacted for the first time a new per- achieving justice for the Palestinians are nec- leaders of all three main political parties have manent Terrorism Act which produced a new essary to bring about a better world, and already agreed to much of it in a cosy chat in much wider definition of terrorism. The defin- would have the useful by-product of eliminat- Downing Street without any parliamentary in- ition included the threat of damage to property ing some of the sense of grievance that causes volvement. as well as a threat to life if it is designed to in- a very few to resort to violence. Until those We have been warned that attacks would fluence the government or intimidate the public happen, we will all remain less safe – from ter- happen for a considerable period of time; as for the purpose of advancing an ideological rorism and from the state. I the main ally of the US in its “war on terror”, cause. Liz Davies is Vice-Chair of the Haldane the only surprising thing is that it did not Significantly, the act specifically provided Society and a barrister at Garden Court happen sooner. Of course it is frightening, but that the definition extended to “action outside Chambers. This is an updated version of an there is little acknowledgement that the knee- the UK”. Subsequently in 2001, in an immedi- article that first appeared in the Morning Star. jerk response of more laws, more police shows ate response to September 11, another act was

18 I Socialist Lawyer G November 2005 to result in innocent people in the Muslim community fearing to report their suspicions. It is proposed to create a new offence of in- “Parliament should citement to terrorism. The wording was apparently changed after parliamentary drafters scrutinize properly objected that a proposed new offence of con- doning terrorism would be impossible to proposals that may define. Threats to kill and incitement to murder make things worse and are already offences. What more will be out- lawed? Are all those who feel a huge sense of which the government injustice about the same causes as the terrorists (Iraq, Afghanistan, the war on terrorism, is attempting to rush Guantánamo Bay, Abu Ghraib) to be stopped from speaking forthrightly about their anger? through” Because terrorism is now defined in our law as actions abroad, will those who support liberation movements in, for example, Kashmir or very long. A recent parliamentary answer dis- Chechnya be denied freedom of expression? closed that of 357 arrests under the Terrorism Since, in truth, the definition of terrorism Act between 20/1/04 and 4/9/05 only 36 should encompass the actions of terrorist states people were held for more than seven days and engaged in unlawful wars, how can one justify clients of ours have been held quite unneces- this when our government supports the war in sarily for nine days but not for as long as four- Iraq? People must be free to debate ideas some teen days. The police say they need longer to find obnoxious such as creating an Islamic examine computers seized but this should only caliphate or imposing sharia law – suppression be the case if arrests are fishing expeditions and will only add to the attraction of such ideas. not intelligence led. Their real motivation ap- The proposed new offence of glorifying ter- pears to be the improper one of hoping that rorism is even more worrying. The Home Sec- people will ignore legal advice and start talking retary Charles Clarke has said that the use of freely if held for longer. Solicitors acting for arms wherever it occurs in the world can no people detained under the Terrorism Act com- longer be justified and must always be classi- plain that the police deliberately drip feed dis- fied as terrorism which it will be an offence to closure in a manner designed to mislead and support. Therefore those resisting state terror put pressure on detained people. If police are in places like North Korea, Zimbabwe, Uzbek- allowed to hold people for as long as three istan and Chechenya cannot be given support months this will be internment by the back without falling foul of the law. Further only the door – the equivalent of a six months prison Home Secretary will have the power to decide sentence. rushed in – the Anti Terrorism Crime and Se- on exemptions in historical events within the Civil libertarians do not oppose all new laws curity Act (ATCSA) – allowing foreign nation- last twenty years. (Ironically enough the House or indeed added resources for the police. Foren- als to be detained indefinitely without trial. of Commons currently has an exhibition cele- sic investigations by the police take too long After the House of Lords declared this contrary brating the anniversary of the Gunpowder Plot because they are under-resourced. Liberty has to the Human Rights Act, a new Prevention of and seeking to sell related merchandise!) long supported the admission into evidence of Terrorism Act 2005 was rushed through par- A Home Office consultation document pro- phone-tap material. But parliament should liament in March substituting control orders poses giving new powers to close down places scrutinize properly proposals that may make for indefinite detention under which both for- of worship. This is an area into which govern- things worse and which the government is at- eign and British nationals can be severely re- ment should not stray and is likely to seriously tempting to rush through without proper con- stricted in their movements, subjected to a form breach freedom of religious expression. Simi- sideration. In her speech in Malaysia (a country of house arrest and forced to wear electronic larly many will not like the ideas of Hizb Ut where human rights have been in considerable tags. These powers expire in March 2006 Tahir but it should not be banned by govern- jeopardy and the Opposition leader has been unless renewed before then. ment. This is likely to give it a status that will unjustly imprisoned), Cherie Booth eulogised What is proposed in the fourth Terrorism enhance its appeal. the role of the judges in preventing govern- Act is the creation of new offences of acts A new offence of giving or receiving terror ments from acting outside the rule of law. Yet preparatory to terrorism, incitement to terror- training or attending a training camp is pro- the truth is that beyond a certain point the ism, glorification of terrorism and giving or re- posed. There are no known terror training judges will be powerless. The Human Rights ceiving terror training. Other measures include camps here so this new offence will be used to Act does not give them the power to strike an increase in the amount of time that terror- justify vastly increased surveillance of Muslims down legislation. ism suspects can be held without charge to going abroad, particularly to Pakistan. Already History shows that a UK-style judicial three months or ninety days and new powers to section 7 of the ATCSA gives police the power system with independent judges did not stop ban organisations which glorify terrorism and to pull people off flights without compensation the outrages of apartheid South Africa nor to shut down places of worship. and compel them to answer questions about does it now stop human-rights abuses in The proposed new offence of acts prepara- their destination. This has created hardship places such as Israel. Repressive, unfair laws tory to terrorism has been strongly pushed by when young Muslim men who have saved up are likely to increase the risk of terrorism as the police following the acquittal of defendants for the hajj have missed their flights. Is this the recent bombing in Egypt, with its long his- in the “ricin trial”. The Metropolitan Police really the right way to deal with the existence tory of repression of the Muslim Brother- commissioner Sir Ian Blair went so far as to of the camps which, incidentally, were set up hood, demonstrates all too clearly. We need suggest that there would have been convictions with US finance to encourage foreign fighters independent-minded members of parliament if the new offence had been available. This is to fight the Russians in Afghanistan? Under the who will break free of any misconceived po- disturbing. The defendants in that trial were new proposals attending a camp will be an of- litical consensus and stop laws going through acquitted because of the lack of any evidence fence even if you do not know where you are that will create injustice and risk recruiting linking them to the plot – there was no ricin. It or are there for journalistic purposes. terrorists. I seems as if the intention behind the new offence A particularly worrying recent proposal by Louise Christian, of Christian Khan solicitors, may be an attempt to convict people on the the police is to increase the time terrorism sus- acts for Guantánamo Bay detainees. This is basis of association with others without evi- pects can be held without charge to three an updated version of an article originally dence of knowledge or intention. This is likely months. The current limit of 14 days is already published in The Guardian.

Socialist Lawyer G November 2005 I 19 Jean Charles’ death at the hands of the police’s ‘shoot to kill’ policy must be the last, argues Helen Shaw, after the CPS ruled that police would not face charges over Harry Stanley MORE QUESTIONS THAN ANSWERS

The mother of Jean Charles de Menezes speaks at a family campaign meeting at the LSE, London Pictures: Jess Hurd / reportdigital.co.uk Jess Hurd Pictures:

idespread and wide ranging misleading information about Jean Charles policy framework that has not been subject outrage followed the shoot- remain uncorrected by the police and the IPCC to any external scrutiny. Following the intense ing dead of Jean Charles de when it sought to imply he was somehow to media, parliamentary and public concern on Menezes by the police on a blame for his own death and to justify the de- 27th October the Metropolitan Police Au- London underground train cision to shoot? These questions echo those of thority discussed a paper entitled ‘Suicide Ter- at Stockwell tube station on the family and many other families whose rel- rorism’ which outlined the framework of W22nd July. Concern and questions were raised atives have died after police shootings or Operation Kratos. At the meeting the Metro- in the immediate aftermath about the circum- deaths involving other weapons or force. politan Police claimed that the new policy did stances of his death and the new and secret Everyone who has supported family cam- not amount to a policy of “shoot to kill” but ‘shoot-to-kill’ policy. This was followed by paigns for the truth after deaths involving the rather to one of “shoot to incapacitate”, a controversy about the investigation and the police should ensure that this death is the one claim that is not justifiable given that Kratos misleading information that was allowed to that makes a difference and stops a drift to- allows officers to shoot suspects in the head. remain in the public domain about Mr de wards an ever more unaccountable and rou- As information has leaked into the public Menezes and has gathered pace following tinely armed police force operating within a domain a major concern has emerged about leaks from the Independent Police Complaints the role played by army officers in the intelli- Commission (IPCC) investigation leading to gence operation that led to the shooting. IN- calls for Ian Blair, Metropolitan Police Com- QUEST is concerned that their activities will missioner, to resign. “How will the not be scrutinised by the IPCC, responsible as Questions were asked about how can there it is for the investigation into the actions of be a ‘shoot to kill’ policy on the streets of involvement of the police officers only. The question needs to be London? Why police policy had changed with- asked about how the involvement of the mili- out parliamentary scrutiny? Why did the Met- military in such cases tary in such cases will be the subject of proper ropolitan Police Commissioner attempt to stop be the subject of scrutiny. the Independent Police Complaints Commis- The comment from the Metropolitan Police sion conducting the investigation? Why did proper scrutiny?” Commissioner that this may happen again im-

20 I Socialist Lawyer G November 2005 Harry Stanley family devastated by CPS decision

he family of Harry Stanley, who was shot dead by TMetropolitan Police in 1999, expressed shock and outrage when the Crown Prosecution Service announced on 20th October that they would not recommend that the officers should face any criminal Harry Stanley's charges arising out of his portrait in the fatal shooting. family home The fact that police can shoot dead an unarmed our streets, it is imperative Despite more evidence man and not be held that the public have being discovered by Surrey accountable is abhorrent. confidence in their ability to Police, the police officers The officers’ accounts of the act professionally and safely who killed Harry Stanley events surrounding the and that they are properly walked away from these shooting of Harry Stanley held to account for their events without ever being were not accepted by two actions. INQUEST brought to account in a inquest juries, inquests at questions whether or not criminal trial. The family which these officers were the political context had a consider that the evidence legally represented. Public direct bearing on the justified criminal charges. confidence in the criminal decision not to prosecute. A jury of the officers’ peers justice system as it relates to The rule of law must apply should have reached the police has been severely equally to all citizens decisions in public according undermined by this decision including those in police to the evidence and the law. which apparently puts uniform. This decision The IPCC and the MPS will police officers above the follows a pattern of cases now have to consider law. where police officers have whether the officers should At a time when there is a escaped prosecution face disciplinary action. massive increase of the following controversial G Deborah Coles, number of armed police on deaths. co-director, INQUEST

plies that we have to accept such deaths as part rule of law should not apply to those in police of the risks of policing London. This appears uniform and that this should be enshrined in to pre-judge the outcome of the investigation the new policy. into the death and also to argue that this Voices of concern and criticism must not ‘shoot-to-kill’ policy is already necessary be silenced by the legitimate concerns re- and justified. garding public safety. The two are interre- In February 2005 Ian Blair, Metropol- lated and are not mutually exclusive. The itan Police Commissioner suggested stark fact remains that an innocent man was police officers who shoot someone in the shot dead by the police as a result of a dra- line of duty should be granted immunity matic extension of police powers, of which from prosecution for murder in some Parliament or the public were not even cases and appeared determined to un- aware, let alone had an opportunity to ques- dermine rather than uphold the rule of law tion or debate. The role of politicians and when it applies to police officers. It is ex- their constituents is to scrutinise and ulti- ceedingly rare for police officers to be prose- mately make informed decisions regarding cuted in any case. Since 1990 there have been the policy framework in which police make 30 deaths as a result of police shootings and such vital operational decisions. It is unde- in only one case, James Ashley who was shot mocratic and sets a very worrying precedent by Sussex police in 1998, was there a prose- for the police to be allowed to perform those cution which failed. Ian Blair’s statements that functions unchecked. INQUEST will con- seem to seek to explain away the death of Mr tinue to raise critical concerns, insist on rig- de Menezes only add to the view that he is not orous scrutiny of police conduct and support Ian Blair: interested in championing the needs of justice the family of Jean Charles de Menezes in bothered but rather has chosen to do the opposite. The their quest for justice. about justice? whole approach sends out a message that the Helen Shaw is co-director of INQUEST

Socialist Lawyer G November 2005 I 21 Pictures: Jess Hurd / reportdigital.co.uk Jess Hurd Pictures: Can the International Criminal Court provide justice for the victims of war crimes and crimes against humanity? Melissa Canavan reports

uring Uganda’s conflict, war crimes and crimes against humanity have been committed. UGANDA: THE The conflict, now in its 19th year, has been characterised by extensive human rights abuses Dincluding the widespread abduction of chil- FIRST ARREST dren, forced recruitment, the killing of civilians, torture, mutilation and sexual slavery. An estimated 1.4 million civilians have been displaced into camps within the affected areas. WARRANTS The current conflict began in 1986 when Wanted suspects (left to right) the National Resistance Movement (NRM) of Joseph Kony; Yoweri Museveni overthrew the military Okot Odhiambo; regime of the Ugandan National Liberation UNSEALED and Vincent Otti Army (UNLA). Fearing reprisals former

22 I Socialist Lawyer G November 2005 Sign at the Kapelebyong Amayof from the Kapelebyong Primary School, Camp Primary School with a message Kapelebyong – displaced about abduction of children by peoples camp Katekwi, Uganda the Lords Resistance Army

UNLA members retreated to the north and re- Many civil society groups have been critical Uganda but had been slow to take root in the organised to fight the NRM. The Lords Re- of the timing of the investigation, which they north. By mid 2004 there had been slow but sistance Army (LRA) emerged out of the claim has jeopardised the fragile peace process tangible moves towards building peace in armed resistance but has developed into an and could prolong the war and the suffering northern Uganda. Acholi religious leaders and organisation with no clear or identifiable po- of the Acholi people. peace groups were busy building trust litical objectives, targeting its own people, and Following widespread consultation, an through informal negotiations with the rebels rarely entering into direct conflict with the amnesty law was introduced in Uganda in and the community. Their aim was to en- Ugandan army. The conflict has been perpet- 2000, which discharged from prosecution courage fighters to take advantage of the uated with the protection and support pro- those who gave up armed struggle. The pur- amnesty and come out of the bush without vided to the LRA by the Sudanese government pose of the law was to encourage reintegra- fear of retribution. The local Acholi commu- which allowed the rebel group to establish tion and reconciliation. Overseen by the nity whose children had become both the vic- bases in southern Sudan in a tit for tat re- Amnesty Commission, this measure was in- tims and perpetrators of human rights abuses sponse to support given to the southern Sudan strumental in ending conflict in other areas of largely supported the amnesty process. People’s Liberation Army (SPLA) by the The role of the Ugandan government in Ugandan government. this process has been contradictory. On the In early October 2005 the International one hand the government was encouraging Criminal Court (ICC) unsealed its first arrest “Civil society groups rebels to report for amnesty, whilst on the warrants for five LRA commanders, includ- other it has continued to pursue a military so- ing its leader, Joseph Kony. Whilst interna- have been critical of the lution. In 2002 the Ugandan army launched a tional human rights groups have lauded the major military offensive against the LRA in ICC as an international body that will help to timing, which they claim southern Sudan named “Operation Iron Fist” end impunity for the most serious human has jeopardised the which resulted in retaliation by the LRA rights abuses, the involvement of the ICC in against civilians and the spread of the conflict Uganda has not been universally welcomed. fragile peace process” into formerly unaffected regions of northern

Socialist Lawyer G November 2005 I 23 Uganda. Frustrated with its inability to pursue to the conflict with the LRA. In February the rebels further into Sudan the government 2005 a cease-fire zone was announced for a made a referral to the ICC under Article 14 of “The Ugandan limited period but deadlines came and went the Rome Statute in December 2003. and the peace process lost momentum with- At a stage when many working on the government either out any agreement being reached. Since then peace process felt that real progress was being little progress of any note seems to have been made, the Chief Prosecutor, Luis Moreno didn’t fully understand made. Ocampo, announced in July 2004 that he was the process of referral to However, during the year there have been opening an investigation into the situation in further developments which may have per- northern Uganda. The ICC was criticised for the ICC or had been suaded the ICC that it was now possible to the timing of the announcement, which many issue arrest warrants. Some high profile LRA local groups felt would undermine the process using it to further its own commanders have surrendered and have been by sending out contradictory messages as to granted amnesty, indicating that the cohesion whether rebels would be prosecuted or given political objectives” of the LRA may be weakened. The negotiated amnesty. Even though the prosecutor was in- end to the war in southern Sudan has also terested only in those who held the greatest made it more likely that the Sudanese might responsibility for crimes committed in north- as Amnesty International who criticised the co-operate in arresting the LRA leadership. ern Uganda, it seemed clear to many working Ugandan government and urged the court to Reports in late September that the LRA on the peace process that the threat of prose- continue with the investigation in order to deputy, Vincent Otti, had crossed into eastern cution was also likely to inhibit senior LRA punish those responsible for serious crimes. Congo may also have prompted the ICC into commanders from negotiating a peaceful end More importantly statements such as these reaction. With Ugandan forces mobilising on to the conflict. vealed that the Ugandan government either the border with Congo, the government was There was further vacillation in November didn’t fully understand the process of referral warned by the UN not to cross the border for 2004 when President Museveni was reported to the ICC or had been using it as a means to fears of reigniting the conflict there. UN and to have stated that the referral would be further its own political objectives in the con- Congolese troops were deployed to the area ‘withdrawn’ if LRA fighters came out of the flict. but no arrest has yet been made. bush and engaged in traditional Acholi rec- Despite concerns about the effect of the in- Concerns have again been expressed about onciliation ceremonies such as matu oput. vestigation on the peace process, former gov- the effect that the issue of warrants will have These comments provoked a response from ernment minister, Betty Bigombe, continued on the peace process. Peace negotiators and international human rights organisations such her efforts to negotiate a peaceful settlement activists are unsure whether or not to con-

Displaced peoples camp due to the war in North Uganda with the Lords Resistance Army Pictures: Jess Hurd / reportdigital.co.uk Jess Hurd Pictures:

24 I Socialist Lawyer G November 2005 tinue to attempt dialogue. Betty Bigombe is be seen to investigate and bring to account all reported to have said that there would now those who are most responsible for serious vi- be no hope of getting the leaders to surrender, “Some form of truth and olations in the conflict. At least two very whilst the Chairman of the Amnesty Com- senior LRA commanders, Kenneth Banya and mission is reported to oppose the issue of war- reconciliation process Sam Kolo, have been granted amnesty and rants because it would jeopardise the ability have now been integrated into the Ugandan of the Commission to persuade other com- may provide more army. Yet neither of these men are on the list batants to report under the amnesty. meaningful ‘justice’ of those sought to be indicted by the ICC. The success of the ICC operation would Failure to properly respond to concerns about appear to hang on the timing of arrests. The than a distant trial abuses committed by the Ugandan army longer the delay in capturing those named in during the course of the conflict also risks the the warrants the greater will be the damage process in The Hague” court being perceived as partisan, especially to the already fragile peace process as well as when it is so reliant on the co-operation of the the reputation of the ICC. The LRA has Ugandan government to arrest suspects. This shown that it has the ability to retaliate when International Center for Transitional Justice would appear to give rise to some concern as put under pressure in the past and delay will indicated that, whilst most people in north- to whether those selected for prosecution only further jeopardise the safety of civilians ern Uganda agreed that there should be ac- really are those who bear the greatest respon- in northern Uganda. countability for the abuses that have occurred, sibility. The situation in northern Uganda has there was mixed opinion as to how this Thirdly, the situation in Uganda has raised raised a number of other serious issues about should be achieved. Whilst there is support issues about the timing of investigations by the ability of the International Criminal Court for punitive forms of justice there is also a the Office of the Prosecutor. Article 53 of the to end impunity and provide justice to the vic- considerable desire for reconciliation Rome Statute requires the prosecutor to have tims of war crimes and crimes against hu- processes to be developed which will also ad- substantial reasons to believe that an investi- manity. dress accountability. This is consistent with gation would not serve the interest of justice, Firstly, the ICC investigation in northern the cultural norms of the area which recog- taking into account the gravity of the crime Uganda has ignited a debate about the ten- nise restorative forms of justice. In the long and the interests of victims, before determin- sion between the need for peace and justice. term, some form of truth and reconciliation ing that there is no reasonable basis on which The priority for most people in northern process may provide more meaningful ‘jus- to proceed. The presumption appears to be Uganda is to achieve peace and security first. tice’ than a distant trial process in The Hague. that a prosecution is always likely to be in the However, a recent survey carried out by the Secondly, for the ICC to be credible it must interests of victims. In situations such as Uganda, where the investigation takes place during an ongoing conflict, serious questions are raised about the ability of the ICC to protect victims and witnesses during the investigation. In appropriate circumstances it might be argued that delaying prosecution to allow time for peace efforts is more likely to be in the interests of safety and security of those affected by the conflict. Fourthly, the nature of the referral by the Ugandan government potentially raises issues about admissibility. The principle of compli- mentarity underpins the basic jurisdiction of the court and State Parties are under a duty to exercise criminal jurisdiction over those responsible for international crimes. Unlike the situation in Congo, the Ugandan government does have a functioning judicial system which is perfectly capable of prosecuting those who have committed serious crimes in northern Uganda. The contradictory approach taken by the Ugandan government will complicate the issue of admissibility if and when the matter comes before the court. The success of the International Criminal Court’s tentative first steps in northern Uganda will depend on the speed by which those named on the warrants can be arrested. During nearly twenty years of conflict the Ugandan government has failed to capture or bring to justice those most responsible for crimes committed in northern Uganda. A question mark hangs over the commitment or ability of the government to arrest those named, and even if they were, whether they would be handed over to the court. Yet recent political changes in the region have led the ICC to believe that it might be possible to obtain the first arrests and historic prosecu- tions at this time. If the gamble doesn’t pay off, the risk is that the ICC may have con- tributed to prolonging the conflict and the suffering of the people of northern Uganda. Melissa Canavan

Socialist Lawyer G November 2005 I 25 Pictures: Jess Hurd / reportdigital.co.uk 26 down bythecriminaljusticesystem.Ourpub- now. Rapecomplainantsarestillbeinglet four twentyyearsagotoaboutonein viction ratesinrapehavegonefromone women adultsurvivorsofsexualabuse,con- greater failingsinthejusticesystemasawhole. ier custodialsentencesisthepanaceatomuch tions topointoutthatwedon’t believeheav- were alsooneofthefewwomen’s organisa- wanting tousethecriminaljusticesystem.We advice lineexpresslegitimatereasonsfornot mestic violence.Manyofthecallerstoourfree will drivewomenawayfromreportingdo- isation ofbreachesnon-molestationorders We areparticularlyworriedthatthecriminal- civil justicesystemtodealwithiteffectively. and inparticularthefailureofcriminal matter ofgreatconcerntoourorganisation With It?’ Violence againstwomenremainsa ‘Women andViolence: WhatsLawGotTo Do are organisingananniversaryconference, some examples, for all,everydayisverybusy!Buttheseare sector andconcernedaboutaccesstojustice Like mostofusworkinginthecharity/NGO What isyouraveragedayatROW? make adifferenceforwomen. ROW wasanopportunityforme,Ihope,to nist, interestedinthelaw. To beDirectorof South EastRegion.I’vealwaysbeenafemi- worked aswomen’s officerforUNISONinthe to feminismandwomen’s rightsandhad I’d alwaysbeencompelledbymycommitment always hadakeeninterestintheorganisation. I’ve beendirectorofROWsince2000.I Women? become director ofRights When andwhydidyoudecideto for them. legal adviceforwomenandaccesstojustice womens liberationmovementwasforfree In 1975oneofthemaindemands Why 1975? the justicesystemremainsatourcore. and theprovisionofavoiceforwomenwithin ing. Butourcommitmenttofeministprinciples ing, freelegaladvicelineforwomenandtrain- changed nowandincludespolicy, campaign- legal profession.Ourworkandservicehas lawyers andencouragewomentoenterthe primarily toencourageandsupportwomen They establishedRightsOfWomen(ROW) ment ofwomenwithinthejusticesystem. gether, unhappyinparticularaboutthetreat- In 1975agroupofwomenlawyersgotto- Why wasRightsofWomen founded? empowering womenon theirlegalrights. Discrimination Act becamelaw. ROWworkstoattainjustice andequality Ranjit Kaur A VOICEWITHIN THE I We haverecentlypublishedahandbookfor Conference organising–atthemomentwe Socialist Lawyer G November 2005 is thedirector ofRightsWomen, anNGOestablished in Rebekah Wilson went to spe lication aims to assist women in that situation and at the moment we are getting it translated into 4 other languages. Our other main activity of any day is of course the free legal advice line we provide. We receive around 60,000 calls a year, but less than 2,000 get through. Our website, www.rightsof women.org.uk, includes a number of our publications aimed at womens rights and information for those unable to get through.

Why is the line so overwhelmed? There is a gap for women in legal service providers. There is something unique about offering all women lawyers to advise women, I think it might be the way callers are treated and the understanding and approach offered. ROW is heavily involved in seeking better access to justice for women. It is one of our key concerns at the moment. We know this is a real concern for the large number of women who access our service.

Do you see the justice system changing? Judicial appointments are a good way to see any change on the make up of our justice system. We understand the benefit of women being given the same opportunities that men have had in the past. We are very concerned to ensure that judicial appointments are transparent and take place in a way which ensures women can, for the first time, compete on a level playing field. It should be about merit not the old boys network. We have diverse groups of women involved in this organisation. We want to make sure that within the legal system we are not replac- ing the blue eyed boys with the blue eyed girls. This is really important to me as a black women. Opportunities should be looked at in terms of sexuality, socio-economic back- ground and race. We are hopeful about the new judicial appointments system and will be watching. But more importantly a more diverse judiciary benefits not just the women we provide a service for but society as a whole.

It is 30 years since the Sex Discrimination Act 1975, is ROW still necessary? Yes! Sadly I wish women were no longer discriminated against in the basis of their gender, but change has been very slow. The Sex Dis- crimination Act was an important piece of legislation but there is concern that things might even be shifting back, just look at the issue of equal pay and the disparities there. Look at how many women are sitting on boards of companies, in Parliament, are ministers and of course are judges: change has been slow and there is a long way to go to redress the imbalances.

What is the future of ROW? There are a lot of demands on us at the SYSTEM moment. Many womens organisations have lost their funding altogether, this places even greater demands on our resources. We would like to be able to develop our services to places 1975, the same year as the Sex such as Scotland and Northern Ireland where there is no service provider for women like by informing, educating and ourselves. And ideally we would like to one day all be redundant but I fear that is a long eak to her for Socialist Lawyer way off. I

Socialist Lawyer G November 2005 I 27 After eight and a half years of Labour in office, Thatcher’s 1980s anti-union laws are still in place. John Hendy QC says it’s time to change them

WHY WE NEED A BILL FOR TRADE UNION FREEDOM he TUC last month unanimously day party). The anger and shock of the Gate situations were real leverage could be exerted. endorsed Composite 1 which, Gourmet workers quickly reverberated round If the TGWU could legitimately have called on amongst other things, calls for a their communities, home to many airport the baggage handlers and perhaps drivers too, Trade Union Freedom Bill. Later workers including the BA baggage handlers. it could have resolved the dispute without the that month, by a majority of 70/30, The latter spontaneously stopped work for a massive loss of jobs, terms and conditions the Labour Party Conference day. BA ground to a halt and lost millions. Gate which have taken place. Tbacked a resolution calling for freedom to take Gourmet was brought to the negotiating table The demand for a Trade Union Freedom solidarity action. These are momentous deci- under pressure from BA. The TGWU has se- Bill by the TUC gained real resonance because sions the significance of which was highlighted cured some severance pay but the battle for the of the wide public and political support for the over the summer by the Gate Gourmet dispute reinstatement of some hundreds of workers Gate Gourmet workers. The Bill is not in- which starkly showed the effect of the current goes on. tended to reverse all the anti-union laws passed law in rendering unions virtually impotent to The action by the baggage handlers was un- by the Conservative governments of 1989-97. support their members against particular em- balloted and secondary (i.e. the workers were But it will address those fundamental incur- ployer tactics. not employed by the employer in the dispute). sions into trade union freedom which are inca- On 10th August, 667 low paid workers On both counts the union would have been pacitating unions from effectively protecting (mostly middle-aged Asian women) gathered liable in tort for that action had it not repudi- their members. in the canteen of Gate Gourmet to discuss the ated it under s.21 Trade Union and Labour Re- The timing for the Bill could not be more implications of the introduction by the com- lations (Consolidation) Act 1992. The appropriate, for 2006 is the centenary of the pany that day of 130 agency workers at yet stoppage in the canteen prior to the dismissal passing of the Trades Disputes Act 1906 which lower pay. Whilst their representatives were was likewise unballoted so that it could not be secured for unions greater legal freedom to take talking to management, the workers in the can- made official with the effect that the very lim- action than they enjoy today. teen were told to return to work within 3 min- ited protection against unfair dismissal for The 1906 Act in turn led to led to the pro- utes and, on failing to do so, were sacked. those dismissed for taking official lawful in- gressive extension of collective bargaining to According to the Daily Mirror, this was a pre- dustrial action may not be available to the Gate benefit 85% of the UK workforce by 1975 and planned stratagem to reduce the size of the Gourmet workers. hence paved the way for the huge improve- workforce and reduce the pay and conditions The dispute showed (as many other disputes ments in the conditions of work and of life for of those who remained. Those who turned up have over the last quarter century) the degree to working people in the 20th century. The Trade next day were given the choice of signing new which the anti-union laws of the Thatcher era Disputes Act 1906 was achieved by trade contracts on worse terms or being unemployed. remain in place to deny workers and their union pressure both in and outside parliament Gate Gourmet is the hived-off arm of British unions effective countervailing power against and the securing of such an Act was the key Airways that makes the in-flight food. It had management prerogative. The obvious and demand which had led the unions to establish recently been bought by an American entre- probably the only way to stop mass dismissals the Labour Party a few years earlier. preneur (the man who spent notoriously was of this kind was to call for solidarity action by The 1906 Act was drafted in such a way as reported to have spent $10 million on his birth- fellow trade unionists who were employed in to give legal protections against judge-made

28 I Socialist Lawyer G November 2005 Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: recognition procedures, collective bargaining anti-union law rather than establishing funda- dom achieved by the Conservative govern- coverage then rose to a new high of 36.3% in mental trade union rights. This drafting anom- ments of the 1980s and 90s were brought 2000 (8.6m workers). Thereafter the trend re- aly has allowed the freedom to organise about by a succession of legislation so that their versed: 35.7% in both 2001 and 2002; 35.9% industrial action to be characterised in the UK impact was gradual. However, the collective in 2003; before sinking to the new low of 35% as a privilege rather than a right. Nonetheless, effect has been profound. workers covered in 2004, as noted above. It despite a series of judicial and legislative attacks In 1979 about 78%, some 17.5 million will be observed that this is less than the cov- and modifications, the formula established by workers had minimum terms and conditions erage of workers in 1998 (35.3%) prior to the the 1906 Act substantially secured trade union of work negotiated by a trade union on their introduction of the recognition machinery. freedom to take action to protect workers for behalf. By the autumn of 2004 only 35%, The number of workers benefiting from the three quarters of a century. In the last 25 years some 8.2 million workers have that protection statutory recognition machinery is hard to cal- however, that freedom has been dramatically and the remainder are left to the diktat of man- culate since the numbers obtaining recognition curtailed. Indeed in 1906, British trade unions agement. Collective bargaining coverage has through the CAC are tiny and many will gain had far greater freedom to organise industrial thus been slashed by over one half, i.e. by in recognition coverage by threat or fear of the action than they do today, one hundred years excess of 10m workers, in those 25 years. statutory machinery. The TUC estimated that later. For example they were free to organise The dramatic fall in collective bargaining in 2002 147,000 workers benefited from solidarity action and were subject to none of coverage was briefly reversed at the time of and recognition deals, both statutory and volun- the technicalities of ballots and notices which almost certainly because of the introduction of tary. For 2003 it estimated that some 78,000 nowadays provide the usual peg for anti-strike the statutory recognition machinery which workers benefited. For 2004 the estimate was injunctions. came into effect in 2000. Coverage fell from down to 18,000 workers. It is ironic that unions have less freedom 1975 to 1998, reaching a low in that year of But the fact of the matter is that collective 100 years later because during those 100 years, 35.3%. In anticipation and then in conse- bargaining coverage has continued decline over the UK has ratified international treaties re- quence of the introduction of the statutory the years prior to and covered by the statutory quiring (amongst other union rights) the guar- recognition machinery from 8.24million work- antee of the right to strike: International ers in 1998 to 7.22million in 2004. The best Labour Organisation Convention 87 of 1949, “In 1906, British trade that can be said of the effect of the recognition the Council of Europe’s European Social Char- machinery is that it appears to have slowed the ter of 1961, the International Covenant on unions had far greater haemorrhage of derecognition; it has certainly Economic, Social and Cultural Rights 1966 not reversed the trend. and the Charter of Fundamental Rights of the freedom to organise The scale of the loss of collective bargaining European Union of 2000. The supervisory coverage is, of course, not to be explained bodies of those treaties have held that the UK’s industrial action than solely by the restrictions on the legal freedom restrictions on the right to strike are incompat- they do today, one on the part of unions to take action on behalf

ible with the UK’s treaty obligations. of their members: that is but one factor and L The massive restrictions on trade union free- hundred years later” there are many others. On the other hand, if

Socialist Lawyer G November 2005 I 29 L collective bargaining levels in the UK are to be International Covenant on Economic, Social restored to anything approaching western Eu- and Cultural Rights 1966, Art.8(i)(d), expressly ropean levels, collective agreements have to be guarantee the right to strike, as does the Char- made and industrial action or the threat of it is ter of Fundamental Rights of the EU 2000. an essential means of redressing the inherent imbalance of power and bringing the employer Principal provisions to the negotiating table. The statutory recogni- This Bill will be a modest measure aimed at re- tion procedure will not do the job. dressing only the gravest limitations on trade UK collective bargaining coverage is now union freedom. The trade unions will deter- the lowest in Western Europe and the dramatic mine its contents. But it must at least: loss of coverage over such a short time scale • Permit trade union members to take, and appears unparalleled anywhere in the world. trade unions to organise, solidarity action; Comparable figures for collective bargaining • Simplify industrial action law on the grant of coverage in 2004 in other western European injunctions and the requirements of ballots and countries are: Austria: 98%; Belgium, Finland, notices; France, Italy, and Sweden: around 90%; • Protect workers taking lawful industrial Netherlands and Spain: 80%; Denmark: 77%; action from being in breach of contract and Norway: 75%; Germany 70%; Greece 65%. being dismissed. Coverage in many of these countries has de- clined over recent years but only by a few per- Solidarity action centage points. In successive Acts the Conservatives restricted The Trade Union Freedom Bill will consti- and then extinguished all trade union freedom tute a first significant step to restoring the UK to call on a worker employed by one employer to compliance with its ratified international to take industrial action in support of workers obligations. employed by any other employer. This bar has No trade union lawyer doubts how accu- been repeatedly held by the ILO and the Coun- rate Tony Blair was in his 1997 commitment cil of Europe to be in breach of the UK’s oblig- that the legal changes Labour intended to bring ations under ILO Convention 87 and about, “would leave British law the most re- European Social Charter Article 6(4). But those strictive on trade unions in the western world” obligations have been and continue to be dis- The Times, 31st March 1997). Even if the regarded. The ILO has made clear that a Trade Union Freedom Bill becomes law, British worker should be permitted to take industrial law will remain amongst the most restrictive action in support of a worker employed by and on trade unions in the western world – but the in dispute with another employer so long as the most repressive aspects will be ameliorated. primary dispute is lawful. The Bill must restore to trade unions the The Bill may not go so far (as the Conserv- freedom to carry out their fundamental pur- atives showed, such legislation may be best pose, defined by statute as “the regulation of achieved on a step by step basis). Instead it relations between workers and employers,” a could seek the more modest freedom for one purpose protected by the European Conven- worker to support another worker employed tion on Human Rights which requires that by another employer which was a supplier or trade unions are free to protect the interests of customer of the primary employer. This would their members. In Wilson v UK [2002] IRLR at least address the Gate Gourmet dispute by 128, 35 EHRR 523, the European Court of permitting the TGWU to call on the BA bag- Human Rights held that: gage handlers and other BA staff to take action It is of the essence of the right to join a trade to support the sacked Gate Gourmet workers union for the protection of their interests [guar- (the spontaneous action of the handlers could anteed by Art.11 of the European Convention not be supported by the union under current on Human Rights and Fundamental Freedoms] law. Such freedom under the law would also that employees should be free to instruct or resolve disputes such as Friction Dynamics by permit the union to make representations to allowing the union to call on lorry drivers their employer or to take action in support of members not to cross the picket line and by al- their interests on their behalf. If workers are lowing a call to members in car assembly plants prevented from so doing, their freedom to not to handle parts from the factory in dispute. belong to a trade union, for the protection of The restoration of the right to take solidar- their interest, becomes illusory. ity action is probably the most important of all The right to strike is an essential element of the trade union freedoms since it will allow trade union freedom and the UK has ratified unions to support their members effectively, that right in the international treaties. Thus the extend collective bargaining in a way that the ILO has always held that the right to strike is red tape of the recognition machinery never fundamental (as an incident of Convention 87), will, and deals with the modern phenomenon the European Social Charter, Art.6(4), and the of out-sourcing and privatisation which has so markedly split up workforces which, though they work together, are in law employed by dif- “Even if the Bill ferent employers. becomes law, British Industrial action injunctions Interim injunctions to restrain industrial action law will remain are often sought urgently in circumstances that do not allow time for a full trial. By the time amongst the most that a trial can be held the opportunity to restrictive on trade strike, and often the dispute, is lost. The ease with which injunctions against industrial action are granted has been held to be incompatible Picture: Jess Hurd / reportdigital.co.uk Jess Hurd Picture: unions in the west”

30 I Socialist Lawyer G November 2005 with the UK’s obligations under ILO Conven- ployers, their timing and content have caused tion 87 and Art.6(4) of the European Social a huge amount of litigation and the require- Charter. The court’s decision to grant an in- ment on unions to keep such meticulous terim injunction is weighted against the union records of their members’ addresses, jobs, and because the law says that all the employer has workplaces that it has become virtually im- to show is that there is a serious issue to be possible for the obligation to be fulfilled. In tried rather than having to show that the case practical terms such notices are of little value against the union is likely to succeed. This im- to an employer save as a potential ground for balance can be partly addressed by requiring seeking an injunction. All the onerous formal- that an interim injunction should not be ities should be repealed leaving only a general granted unless the employer can show that it is obligation for a union to give at least 7 days more likely to succeed than the union at trial. notice of a call for industrial action where rea- A similar requirement in relation to interim in- sonably practicable. Where action is already junctions to restrain media publication is found taking place and the union becomes involved in s12(3) of the Human Rights Act 1998. by supporting it, such notice would be otiose.

Industrial action ballots Breach of contract There is general acceptance of the need for bal- One of the features of UK law on industrial lots before industrial action – save in cases of action is that almost every form of industrial real urgency where the ballot might be taken action constitutes a fundamental breach of after the action has commenced. But these are contract by the worker, so entitling the em- matters of internal trade union democracy and ployer to dismiss, discipline or sue the worker. there is no logical justification for the employer The provision which allows a worker dis- having the right to sue by reason of a balloting missed within 12 weeks of lawful industrial irregularity: it is for the members to complain action to take a case for unfair dismissal has if the rules are broken. ILO Convention 87 proved practically useless since according to bars interference by employers in the estab- the 2005 statistics reinstatement orders are lishment, functioning and administration of made in only 0.2% of the few unfair dismissal unions. The current balloting rules are so com- claims which win at tribunal, and because plex and onerous that they are almost impos- even where made the employer can refuse to sible to follow. Both the ILO and European comply with the order though extra compen- Social Charter supervisory bodies have held sation will be ordered. The international legal that the complexity of the law on industrial bodies (including the International Commit- action is not consistent with the right to strike tee on Economic, Social and Cultural Rights) guaranteed by ILO Convention 87 and have made clear to the UK government what Art.6(4) of the European Social Charter. must be done to protect those lawfully taking The Bill could remove the balloting and industrial action: such action should be notice provisions from the legislation. There deemed not to break the contract of employ- would be little support for a proposal that im- ment. This would also mean that unions posed no obligation to ballot so instead the law would no longer be liable, when calling for in- could require union rulebooks to make provi- dustrial action, for the tort of inducing breach sion for balloting rules. They would then be, of contract. as they should be, matters of union democracy The provisions on dismissal on union into which the employer would have no stand- grounds also need to be strengthened to pro- ing to complain of alleged breach. The problem tect also workers taking industrial action is how to ensure that unions are seen to be lawful under the Bill. obliged to have rules which comply with minimum democratic requirements. One sugges- Conclusion tion is that instead of the present many pages of The measures in the proposed Trade Union complicated legislation on industrial action bal- Freedom Bill would not restore the UK to lots, the Certification Officer who has already compliance with its international obligations. oversight of union certification should have the It will not address key violations of trade duty to refuse or withdraw certification from a union freedoms which are present in the cur- union which does not include in its rules pro- rent legislation – such as the prohibition on visions which satisfy him that the union cannot unions expelling fascists from membership – organise or support industrial action without a but it would mark a significant stride in the fair and proper ballot of the relevant members right direction. These measures will disap- before (or in cases of real urgency, as soon as point many in the union movement as being reasonably practicably possible after the com- insufficient to reverse the incursions of the mencement of the action), with proper provi- Conservative legislation. These measures do, sion for effective complaint by any member of however, clear away the primary obstacles to any perceived balloting irregularity. Currently, create the minimum legal space for unions to the Certification Officer (as well as the courts) act to protect the interests of their members can investigate and make orders to remedy and restore some balance of power in indus- breaches of union rule (s.108A, B, and C) and trial relations. he could be given specific power to do so in relation to alleged industrial action balloting ir- John Hendy QC, along-standing member of regularities. Alternatively, the legislation could the Haldane Society, is Standing Counsel to set out the minimum standards and make it ASLEF, AMICUS, CWU, NATFHE, NUJ, NUM, clear that only members have the legal standing POA, RMT, and TGWU. He is Chair of the to take cases to court alleging breach. Institute of Employment Rights, National Secretary of the United Campaign to Repeal Industrial action notices the Anti-Union Laws, and a Visiting Professor The requirement to give ballot notices to em- in the School of Law, King’s College, London

Socialist Lawyer G November 2005 I 31 n International he recommendation of the delega- Sarba Commission of Inquiry tion is that the government should Dhoj was set up at the request include all former Gurkhas in their Limbu of the Gurkha Army Ex- review. At the time of reporting the Servicemen’s Organisation Government have not announced A(GAESO), Nepal to independently any intention of including in the investigate the reality of the economic Treview Gurkhas who were retired prior to the and social conditions of Nepali 1st July 1997. This review, if it is to be the final citizens who have and are serving in one, must consider those who are now in- the Brigade of Gurkhas under the creasingly the most desperate and vulnerable. Ministry of Defence, United Gurkha veteran soldiers who fought and Kingdom, and their families. The served from the Second World War until 1997 Commission was provided able are just as much the victims of discriminatory secretariat and logistical support by terms and conditions of service as those who the Public Interest Law Firm and were discharged after the magic cut off date of Campaign for Human Rights and 1st July 1997. We recommend that the gov- Humanitarian Law, Nepal. ernment take steps within the current review Eight members of the Inquiry to remedy the grievances of these loyal and Commission, led by barrister Ian long suffering veterans before it is too late. Macdonald QC of UK, visited Nepal from 23rd to 30th May 2005 and Gurkha welfare trust undertook a wide range of activities There was evidence of the positive work that under its overall mandate. The other the trust does, many veterans described the members of the Commission were; helpfulness of the staff and enjoying visiting Hannah Rought-Brooks and the centre. Others described having medical are denied access. It is in effect a complete wel- Rebekah Wilson, barristers from the treatment, tablets provided when they visit fare system for the British soldier dealing not UK; Edith Ballantyne, human rights and their dependence on the welfare pension. just with retirement but a whole range of other and peace activist from Switzerland; But clearly changes could be made to ensure situations, such as invalidity, illness, death in Dr Roy Laifungbam, indigenous that injustice is not caused to any veteran by service, the position of widows, and children. peoples’ rights activist from India; the operation of the Trust. The resources of There is a huge difference between the AFPS Shirin, rights defender from the USA; the Trust have to be spread widely, unfortu- and the GPS. In our view now that the Dr Sharon Taylor, an academic from nately inevitable until the government provides Gurkhas are to be included in the AFCS there Canada; and Shoko Oshiro, for its ex-Gurkha servicemen who suffered seems no reason why all serving Gurkha sol- indigenous peoples’ rights activist from the discriminatory terms and conditions diers should not also be given full access to the from Japan. of service. The government should include AFPS. We recommend that all serving Gurkha THE ‘FORGOTT A book from the Inquiry, The these veterans in the review to remedy the Gurkhas: The Forgotten Veterans, hardships many continue to suffer from. The will be published in the new year. GWT is not transparent. The names of its We print here extracts from the Trustees are not a matter of public record. The Inquiry’s recommendations and veterans have no access to eligibility criteria or encourage readers to go to the the trust’s policies. The lack of transparency website: www.gaeso.org.uk and secretiveness seems to prevent the trust from providing an effective and comprehensive service for those it was set up to benefit. Ex-Gurkhas appear to play no role in its decision making which results in money being spent on community projects which appear to some veterans to provide no direct benefit to the veterans themselves. It appears to some veterans that there is no accountability for the charities decisions. It is recommended that the British Govern- ment take immediate steps to ensure that no veteran is left destitute. Moti Raj Gurung was wounded in Pensions Burma. He The issue of past and continuing discrimina- showed the Inquiry tion in pension provision is much more fun- a bullet mark damental than mere pension differentials. The where he Gurkha soldier has the Gurkha Pension was Scheme (GPS) and has recently been given access to the War Pension Scheme. On the other hand the British soldier has access to the Contact Rebekah Wilson by email at Armed Forces Pension Scheme (AFPS) and [email protected] for now the Armed Forces Compensation Scheme details of the launch of the book at (AFCS) which will also apply to Gurkhas. The the House of Commons in January. AFPS is a crucial scheme to which the Gurkhas

32 I Socialist Lawyer G November 2005 Indra more than ten years would be entitled to a Bahadur pension. This was almost certainly a recogni- Rai tion of the injustice of the previous rounds of redundancies that had left those Gurkhas who had fought, in particular, during the 1960s with no pension entitlement whatsoever. It also highlights the absurdity of this dif- Krishna Kumar ference between the Gurkha pension and the Ria served from British Soldier pension. Had Gurkha soldiers 1979 to 1993 the same entitlements as British soldiers, there would have been no need to artificially add on years of service, leaving many who were just on the wrong side of ten years service with nothing. It is recommended that the veterans have been affected by redundancy should be included in the governments current review to ensure that their situation is properly remedied. Those who were made redundant before the period of time when they would have become entitled to the pension, sometimes just a few days before, are immediately given that entitlement which should be backdated to the date of their redundancy. There is no question that today dismissals soldiers should be given full access to the Welfare Trust is so active is eloquent testimony such as those during the Hawaian incident AFPS. to the appalling gap between need and finan- would be viewed as unfair, procedurally of- There is no longer any reason why the Tri- cial provision. This is echoed by the evidence fending any basic notion of natural justice. partite Agreement should be used to justify the of the witnesses we met in Nepal. There is no The Gurkhas in that battalion have clearly suf- continuing differential in pension provision. moral or political justification for such a situ- fered as a result of their unfair treatment. The The historical conditions under which it was ation. Our recommendation is that all ex- UK government should consider adequate rec- created have long since disappeared. It should Gurkha soldiers should be given the option of ompense. It is recommended that the Govern- be scrapped and replaced. We draw attention having an annual pension of an equivalent ment consider these men’s grievances in the to the fundamental changes which have been amount to that payable to British soldiers or a current review, not to do so is arbitrary and adopted by the UK government since 1997, capital sum equal to the cost of providing such will be a missed opportunity to remedy the in- when the Gurkha Brigade moved annual pension. justice felt by that battalion. TEN VETERANS’ its headquarters to the UK. Pay for Gurkha War Injuries Immigration soldiers has been brought into line with the It is recommended that the government take It is recommended that all organisations of pay of the rest of the British Army, although immediate steps to include those suffering as a serving and retired Gurkha soldiers and their lip service is still paid to the TPA in carrying result of their war injuries in the current review families need to bring to the urgent attention out the calculation. A right of settlement in the so that appropriate action can be taken to of their members the immigration provisions UK has been given to Gurkhas and other non- assist these people. It is recommended that the and the time limits in which applications can British citizens and their families following government adequately compensate those who be made. The Home Office are aware that the British Army service. Gurkha sub-units known have suffered as a result of their war injuries. cut off date of 1st July 1997 may be the source as the Gurkha Re-enforcement Companies of unfairness; otherwise they would not ex- have been created to serve alongside British Widows pressly provide for the exercise of discretion units to help solve acute manning problems in We recommend that the British Government in hard cases. We would recommend that the the wider British Army, thereby making way include widows of Gurkhas in the current Home Office make it clear that all those made for fuller integration into the structure of the review (ensuring that they don’t ignore the redundant before this date should be granted army. It is now an anachronism to use India impact on women of their husbands service in settlement in the UK, if they apply. and Nepal as the yardsticks for fixing pay and the British Army). The British Government has The date, 1st July 1997, for the application pensions. Our opinion is that the TPA is now both national and international, legal and of the new immigration provisions is based on an anachronism and our recommendation is moral obligations to prevent discrimination the move of Gurkha Headquarters from Hong that it should be scrapped and replaced. against women. The British government must Kong to the UK. But this does not provide There is no logical cut-off point for pension ensure that any previous Terms and Condi- anything other than a superficial justification anomalies. There are many ex-Gurkhas in tions Of Service which discriminated against for such a policy because not all Gurkha sol- Nepal who have no pension at all. women (treated them less favourably than diers who benefit from the provision will have Others have a pension but it is in- their British comparator) are remedied. We done their army service in the UK. In our view adequate. The fact recommend that the government consider ad- the real rationale for the new immigration pro- that the equate compensation for suffering as a result vision is that former Gurkha soldiers were part Gurkha of previous discriminatory terms and condi- and parcel of the British Army. tions of service of their deceased husbands. There will be a decreasing number of former Gurkha soldiers who want to come to Redundancy and Dismissals the UK to work. Our recommendation is that In the 1990s the Ministry of Defence when they should be given the same immigration making the mass redundancies, artificially choices in recognition of their services to made up the number of years served to 15 Britain as those soldiers who left the British years to ensure that Gurkhas who had served Army after the 1st of July 1997. I

Socialist Lawyer G November 2005 I 33 HaldaneNews

INTERNATIONAL ASSOCIATION OF DEMOCRATIC with a rather over-ambitious particularly impressed with LAWYERS 16TH CONGRESS, PARIS 7th-11th JUNE 2005 range of vitally important topics. Progress Lawyers Network of Bel- Each merited a conference in gium, a diverse public interest itself and there was no way we firm with whom we hope to work Haldane in Paris could attend all of them simulta- more closely in future. We also ce- neously. mented strong ties with anti-war he IADL’s 16th Congress lenged, 19th century trade union The First Commission, on The lawyers from the United States took place in Paris, the site hall. Jitendra Sharma (India) was UN Charter and International and other progressive lawyers Tof the Association’s found- re-elected for his final term as Relations, addressed diverse from Cuba, Haiti, Italy and Brazil. ing in 1946. It was mid-June, a President and, in a first for an or- issues from the need to reform The IADL is particularly strong in busy time for practitioners and, ganisation too long dominated by the Security Council to the Japan, India, Pakistan and whether for this reason or be- men, Jeannie Mirer (National apartheid wall in Palestine. Com- Bangladesh, with substantial dele- cause Eurostar has made us blasé Lawyers Guild, USA) was elected mission Two was on Terrorism, gations from each country and the about the proximity of Paris, the Secretary-General. I was elected Human Rights and the Right to Haldane plans to build on these Haldane did not field as large a to the IADL’s enlarged governing Resistance. Commission Three contacts for the future. delegation as at Havana (2000) Bureau, Rebekah Wilson having covered the Independence of We are keen to expand the or Cape Town (1995). stood down after five years of Lawyers and the Judiciary. Com- role of Haldane Society members A recurrent theme this year fruitful activity, periodically frus- mission Four dealt with Globali- internationally. To do this we was the need for IADL leadership trated by the unreconstructed sation, Human Rights & Social, need to be able to draw on more to reflect greater gender, race and chauvinism of some of the IADL’s Economic and Political Rights. people. Anyone interested in any age diversity. On these points, the leaders. In future the Haldane So- The Right to Information, Trans- aspect of the areas mentioned Haldane delegation was not only ciety will make every effort to parency and Protection for Jour- should contact me (richardhar- vociferously active but exemplary ensure that women form at least nalists were examined in [email protected]) or Bill Bowring, in its composition: Richard half of all our delegations to Commission Five, and Commis- our international secretary Harvey; Rebekah Wilson; Liz IADL meetings. sion Six concentrated on Protec- ([email protected]) Woodcraft; Kevin Cobham; The Congress took as its tion of the Environment and the indicating areas of expertise or Declan Owens; Troy Lavers and theme: “Law and Lawyers in the Right to Health. concern. International work is Daniel Blackburn. Service of the People: for Peace, As with all conferences, con- immensely rewarding in the long The Congress was held in the Justice and Development.” Two tacts made outside the formal ses- term as all who have participated historic Bourse du Travail, a days of the five-day programme sions were at least as important as in solidarity work can testify. beautiful, if acoustically chal- were devoted to six commissions the work done inside. We were G Richard Harvey

SECRETARY’S REPORT TO THE AGM, 21st JULY 2005 to editor Catrin Lewis and her ed- President of the European Associ- itorial board. The magazine is ation of Lawyers for Democracy paid for by membership subscrip- and Human Rights. The Haldane It’s been a positive year tions and the cost for each edition sponsored an excellent conference t has been a busy and challeng- Brooks spoke about the Occu- is the society’s biggest expense. by Bill and his colleagues at the ing year for the executive com- pied Territories. Lennox Hinds Tom Henry Bradford ensured, London Metropolitan University’s Imittee and its officers. As addressed the society for the Pritt as both membership and trea- Human Rights and Social Justice always they are thanked for the memorial lecture. Tess Gill, surer, the smooth running of the Research Institute on the topic of time that they give so generously. Imran Khan and Richard Harvey Society. After painstaking work ‘Suspect Communities’. The chair this year, Richard spoke at a fascinating forum or- from Tom and now Marcus After four years I have decided Harvey, deserves particular ganised by the Society on the role Joyce, the membership data base to stand down as secretary. Our thanks. His energy, charisma and of the left-wing lawyer today. is up to date. We have been espe- reliance on volunteers remains commitment have ensured a pro- We were one of the first or- cially successful in attracting law the main challenge. That said the ductive and progressive year for ganisations to help form The students and pupils as new mem- Society will continue to provide a the society. The same is said for Access to Justice Campaign, bers, several of whom have forum for debate that is often our vice-chair Liz Davies. The which Nick Toms was pivotal to. played a valuable role on the So- absent and the strengths of the rest of the EC should also be The society has continued to sup- ciety’s Executive Committee. Society are its large membership thanked: Christina Gordon, port CAMPACC and it has also Six delegates attended this base and its ability to assist other Hannah Brooks, Rekha met with organisations such as year’s congress of the Interna- more specific campaigns. Kodikara, Alex Gask, Marcus Liberty in an effort to co ordi- tional Association of Democratic The Society would like to Joyce, Declan Owens, Adrian nate resources. Lawyers in Paris (see report invest more in its internet site Berry and Nick Toms. Socialist Lawyer continues to above). Fostering relations with and it’s hoped that can be done The society has continued to be backbone of our work. The international sympathetic organi- this year. This is the 75th An- provide public meetings attract- three editions produced this year sations remains fundamental to niversary of the Society, an event ing speakers of the highest cali- have all been of the highest qual- the society. The society need to that will celebrated later in the bre and most political relevance. ity attracting the highest praise. consider which organisations it year with opportunities to ‘capi- Clive Stafford Smith addressed No other journal matches it for should affiliate itself with. Bill talise’ on the strengths of our the society on Guantanamo Bay its topicality and calibre of au- Bowring, our International Secre- members old and new. detainees at the LSE. Hannah thors. No small thanks are owed tary, has recently been elected G Rebekah Wilson

34 I Socialist Lawyer G November 2005 BookReview

comprehensive review of child Although the majority of deaths called for would also deaths have been the result of Factual, passionate provide the opportunity for desperate and lonely actions by rigorous public scrutiny into the individuals the authors are and non-judgmental decision-making processes, careful to recount in detail the systems of control and day to restraint death of Gareth Myatt day realities of vulnerable aged 15, an individual whose individuals whose welfare is death reflects, in the child In the State of practical and immediate way entrusted to the state. statistics, the long-standing the State? forward. These include the calls It may also enable scrutiny of recognition of the over- Child Deaths in for a public inquiry into the the wider context of representation of black people in Penal Custody suicide of Joseph Scholes, aged incarceration, including the restraint deaths. in England and 16, in HMYOI Stoke Heath in economics and associated Increasing numbers of young Wales March 2002, a comprehensive priorities of systems established people are of course now being by Barry Goldson review of child deaths in penal as a consequence of New pushed towards custody through and Deborah Coles custody and the establishment of Labour’s involvement of private the use of Anti-Social Behaviour Published by INQUEST an independent ‘Standing finance into whole swathes of Orders and the urgency of the ISBN 0 9468 5819 5 Commission on Custodial necessary state provision. issues raised cannot be Deaths’. The recommended Standing underestimated. uring the period from Joseph Scholes was a Commission, ‘… would serve to The publication provides an January 1990 to May troubled youngster with history look beyond individual cases invaluable source of statistics for D2005, 28 children died in of self-harming behaviour who and/or particular state agencies… those seeking to campaign Young Offender Institutions, had become involved with the and engage with child penal around the issues raised and the Secure Training Centres or whilst criminal courts and been given a deaths on a more holistic or comprehensive bibliography will otherwise being held in adult custodial sentence for robbery. collective basis’ given the be useful to those seeking to prisons in England and Wales. Despite the expressed concerns recognised common issues linking deepen their understanding of Furthermore, in the four year of professionals with whom he deaths and which transcend the the same. period from 1998 to 2002 there was engaged and clear warnings remits of specific government The review of shifts in youth were 1,659 recorded incidents of from himself, Joseph took his departments/ agencies. A number justice law and policy is also self-harm or attempted suicide in own life, by hanging, in his of suggestions as to the remit of enlightening and conveys clearly penal custody by children. prison cell, just nine days into the Commission are made, how fact and reason so often In a climate where prison his sentence. including the power to intervene play a secondary role to the numbers are continuing to rise In The call for a public inquiry as an interested party in inquests, need of politicians to assuage the Care of the State? Child into Joseph’s death arose from to identify common issues, to what is perceived to be relevant Deaths in Penal Custody in grassroots campaigning and was publish and to develop best public opinion. England and Wales is a bolstered by the exceptional practice. In the Care of the State is publication of interest to all action of the Coroner in writing The authors’ approach is both significant and timely and concerned about state to the Home Secretary notable for being at every stage will further understanding of accountablility within penal recommending the same. Despite factual, passionate and non- issues within, and beyond, institutions generally and more an Early Day Motion in judgmental, and this is activist networks and academic specifically in what Goldson and Parliament and further pressure, important in a climate of conferences. Coles refer to as the “Juvenile the Government has so far creeping anxiety around young Every socialist and legal Secure Estate”. refused to order such an inquiry. people, routinely expressed in progressive should read it in The authors combine analysis As with the inquiry into the the press and popular culture, order to be informed, especially of comprehensive academic treatment of young people in and which draws upon familiar in the coming months as the research and official publications care homes in North Wales, the seams of prejudice. pressure for the public inquiry with deep insights borne from into Joseph Scholes’ death is several decades of frontline renewed and begins to build. experience and involvement with G John Hobson the plethora of issues raised. For your copy send £15.00 plus Such an approach enables the £2.00 p&p (cheques payable to book to be relevant and INQUEST Charitable Trust) to accessible to a range of INQUEST, Book Order, 89-93 audiences, be they academic, Fonthill Road, London N4 3JH. involved in policy-making or drawn towards the issues through direct personal Pictured left: At the INQUEST and experience. Nacro launch of the call in 2003 for a public inquiry into the death of The authors set out facts, Joseph Scholes. Left to right: Hilton consider recommendations and Dawson MP, Lord Navnit then move on to make clear Dholakia, Joseph’s mother Yvonne

demands with regard to a INQUEST Picture: Scholes, and Mark Scott

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