Summer 1990 No.11 El .50 rssN 0954 3635 HALDANE SOCIETY OF SOCIALIST LAWYERS Stephen Sedley 0C on the Judges' Role in Public Law A Revolution in Soviet Law? The Union Struggle in South Africa The Victims of FBI Frame Ups v HALDANE SOCIETY OF SOCIALIST LAYUYERS HALDANE NEWS PRESIDENT: John Platts-Mills QC Haldane News 1 AGM VICE PRESIDENTS: Kader Asmal; Fennis Augustine; Jack The Society held its AGM on 3 March 1990. Although attendance was disappointing, a number ofimportant reso- Gaster; Tony Gifford QC; Tess GilI;Jack Despatches 2 Hendy; Helena Kennedy; Dr?aul O'Higgins; lutions were passed. The Society reaffirmed its beliefin the government Albie Sachs; Stephen Sedley QC; Michael 'right to silence'and called on the to withdraw proposals Seifert; David T\rrner-Samuels QC; to limit it. The Society has done a considerable Professor Lord Wedderburn QC amount of work on electronic tagging, monitoring its use in Tower Bridge Magistrates Court. It called on the govern- Featute$ ment to abandon the scheme and to implement more con- CHAIR Bill Bowring Revolutionary Developments structive measures to reduce prison overcrowding. Resolu- tions on the Guildford Four and Birmingham Six cases were SECRETARY: Keir Starmer in Soviet Law passed, as was a proposal to campaign to amend the Human Fertilisation and Embryology Bill. The Society committed TREASURER: Robin Oppenheim Bill Bowring 4 itself to providing a forum for discussion of the issues of pornography and censorship. Two resolutions on mental MEMBERSHIP Unisex Pensions and lnsurance - health underlined our increasing work in this freld. Inter- Tony Metzer LucyAnderson nationally, the shoot to kill policy was condemned and the SEGTRETARY: and Risk Assessing the standards ofthe International Labour Organisation were Lucy Anderson 6 endorsed. Other issues upon which policy was adopted were PANTHERHOUSE 38 MOUNTPLEASANT LONDON WClXOAP the Employment Bill 1989, SouthAfrica, Sudan, the death penalty and Eastern Europe. The texts ofall resolutions are At the Sharp End - Labour Law available for inspection at the Haldane ofÏìce. in South Africa The postal ballot to change the rules for AGM meetings and to institute standing orders produced an overwhelming Hannah van der Merve majority in favour of change. These will now be incorpo- s0clALlsT rated in the rule-book which will be reprinted. The proposal to change the name of the Society was lost. Skating Bears in a Circus LAWYER David Geer and Debbi King ... Executive Committee The executive committee for the coming year comprises: Editorial Committee KatyArmstrong-Myers, Penny Barrett, Tim Hidden Agendas: the Growth of Public Bill Bowring (chair), Keir Starmer (secretary), Kate Kerr, Mary McKeone, Tony Metzer, Keir Markus (vice chair), Robin Oppenheim (treasurer), Starmer, June TWeedie, Heather Williams Law in Britain and Canada Heather Williams, John Wadham, Katy Armstrong-Myers, Stephen Sedley QC............. ...,......12 Debbie Tripley, Sally Hatfreld, Steve Cragg, Tony Metzer, Contributions from members are very welcome. lf you are interested in Damian Brown, Clare Wade, David Geer and Piers Mostyn. writing articles or book reviews please contact TIM KERR at: 15 Old Square, Lincoln's lnn, London WC2A 3UH Framed by the FBI: Political NLIM Inquiry Prisoners in the US In early March the Haldane society was consulted by a five Advertising rates Arlette Piercy ...,..........14 person subcommittee ofthe NUM National Executive about the appointment of an eminent QC to investigate allega- Socialist Lawyer welcomes advertising. The rates are: tions made by Central television and the Mirror Group of Newspapers concerning Full page î200 Ouarter Page 150 Sentencing Reforms - Will the monies which allegedly came from Libya. Half page Ê100 Eighth Page î25 Punishments Fit the Crimes? After several meetings between representatives of the Society and the NUM subcommittee, Gavin Lightman The rate for classified advertising is 25p per word. We can distribute insert Debbie Weich 16 QC was appointed. adverts at Ê75 for voluntary organisations and at t200 for commercial undertak- Miscarriages of Justice rngs. Homeless People Batted About Concessionary rates are available if advertising on an annual basis. Conference Please contact KATY ARMSTRONG-MYERS at: Like Shuttlecocks 4 Verulam Buildings, Gray's lnn, London WCl R sLW This conference was held inYork during the weekend of 28l Ashley Underwood 19 29 April 1990. It was very successful with over 60 partici- pants. Conference papers are available from Keir Starmer. Subscriptions The 1990's For 3 issues (inclusive of p&p); The executive committee is currently discussing various t8.00 per annum for institutions and organisations; ReYiett$ proposals about the role the Societyinthe 1990's. Anyviews 15.50 per annum for individuals. Book Reviews 20 on the subject will be gratefully received. Finally the executive committee would like to express its thanks to Joanna Dodson who retired this year as chair Cover photo: NIJM rally, Soweto, March 1986 - IDAF Noticeboard ,.,.. 24 of the Society for all her work in that role. 1 Memorial Trust and by Sweet and Maxwell. A great deal anti-amendment campaign. We have also been requested DESPATCHES more needs to be raised. to assist in the inquiry into the events of 31 March 1990. The Project aims to expand its membership to represent The group has attracted a signifrcant amount of media a wide range oforganisations and potential users ofserv- attention and it obviously has a function to perform in ices. It is also considering the options for development in raising the Society's profrle in both the media and larger Scotland and Northern lreland. labour movement. We welcome any views about the Project, or other For details of meetings contact Julia Dick on 071 405 expressions ofinterest and will try to respond to aìl corre- 8828. HALDANE IN THE HEADLINES PTA REPEAL CAMPAIGN spondence. Further information can be obtained by writing Damian Brown Despite the Haldane's long and often glorious history, the On 27 March the first anniversary of the Prevention of to the Public Law Project at the Institute ofAdvanced Legal welfare of the Society has not generally been a matter of Terrorism Act 1989, a campaign was launched calìing for its Studies, Charles Clore House, 17 Russell Square, London national public interest. repeal. The number of individuals and groups involved in WClB 5DR. Please sendanA4s.a.e. ifyouwouldlike either TANZANIA'S BOOK STARVATION On 19 March 1990 the Independent newspaper took this issue has steadily grown and now includes the Labour the general prospectus or the academic prospectus. Tanzania, one of the world's poorest countries, is suffering steps to rectify this myopic view by devoting half of its Party and all the main organisations of the Irish commu- Kate Markus an educational crisis. Despite a phenomenal increase in leader column to advising the Society upon the NUM's nity. This is the frrst national campaign to draw them all literacy since independence in the early 60's from less request for help over the appointment of an eminent QC to under one umbrella. The breadth of support was reflected - l}ean IÙVo to 90Vo plus efforts to maintain and increase investigate the Libyan money allegations. at the House of Commons launch, chaired by Clare Short IADL: NO AGREEMENT ON CHANGE - educational opportunities have been beset by a struggling Correctly recognising our'considerable moral authority' MP, with messages of support from Gerry Conlon of the Five members of the Society attended the thirteenth IADL economy and the rigours of IMF loan conditions. but less sure of our name (the Haldane Society of Labour Guildford Four and the Federation of Irish Societies, among Congress and General Assembly which took place in Barce- Progressive devaluation of the local currency, to in- Lawyers), th e Independenl advised us that 'The NUM needs others. The Haldane Society Northern Ireland subcommit- lona from \9 24 March 1990. crease Tanzania's export competetiveness, has had disas- the Haldane Societybut the Society has no need whatsoever tee was represented and is participating in the campaign. to We took part in four commissions: i¿úernational interde- trous domestic repercussions in areas reliant on imports. of the NUM'. All solicitors with experience ofor an interest in represent- pendence: consequences the møintenance of peace; the Further education, for example, depends largely on im- Although many members were touched by this concern ing and advising those who fall foul of the Act are asked to for peoples to deuelopment, the circumstønces of its ported text books; currently each copy costs more that the for our political health, S¿ will not be devoting its columns forward their details to the campaign. For more informa- right of denial under the present international economic order; the average monthly wage. to suggestions on how to improve the 1n dependent and pre- tion contact: Repeøl the PTA Campaign, PO Box 1340, right to a and just system of rules of law; the right Local publishers are unable to frll the gap. To decrease liminary soundings indicate that Andreas Whittam Smith London N22 4AT or telephone Fr Paddy Smyth on 081 993 fair of peoples huntan rights the runon scarce foreigncun:encyreserves, the government is unlikely to be co-opted onto the executive committee. 9823 or Mary Connolly on 081 862 2942. to self-determination - -irnplernenta- Heather Williams Piers Mostyn tion; andthe administrøtion of justice. denies import licences for paper. Internally, there is one We also participated in three working gronps on paper mill to supply the whole of Tanzania. Add to these women's .rights, trade union rights and the rights of the diffrculties the very small market for specialised text books KING SIZE BLUNDER BRANCHING OUT child and the copyrightproblems in reprinting overseas' editions. Individual contributions to these commissions and It is clear that Tanzanian further education is in an impos- Much work was done by the Haldane Society on the case of Lawyers at Southampton University have become increas- working groups were interesting, but the theme of each was sible situation.