SL71_cover_pages.qxp_option 2 red 12/10/2015 14:02 Page 1 SocialistLawyer Magazine of the HaldaneSociety of Socialist Lawyers Number 71 October 2015 £3 Keith Ewing and John Hendy on why we’ve got to stopthe Trade Union Bill SL71_pp2-3_contents&editorial.qxp_print 12/10/2015 16:39 Page 2 Haldane Society of Socialist Lawyers PO Box 64195, London WC1A 9FD www.haldane.org The Haldane Society was founded in 1930. It provides a forum for the discussion and analysis of law and the legal reportdigital.co.uk / Hurd Jess Picture: system, both nationally and internationally, from a socialist perspective. It holds frequent public meetings and conducts educational programmes.The Haldane Society is independent of any political party. Membership comprises lawyers, academics, students and legal workers as well as trade union and labour movement affiliates. President: Michael Mansfield QC Vice Presidents: Geoffrey Bindman QC, Louise Christian, Liz Davies, Tess Gill, Tony Gifford QC, John Hendy QC, Helena Kennedy QC, Imran Khan, Catrin Lewis, Gareth Peirce, Michael Seifert, David Turner- Samuels, Estella Schmidt, Phil Shiner, Jeremy Smith, Frances Webber & David Watkinson The current executive, elected at the AGM on 19th November 2014 is as follows: Chair: Russell Fraser ([email protected]) Vice-Chairs: Michael Goold & Hannah Rought-Brooks Secretary (job-share): Cover and above: Natalie Csengeri & Sam Parham Protesters on the ([email protected]) huge TUC demonstration Socialist Lawyer editor: Nick Bano against the Tories in ([email protected]) Manchester on 4th Treasurer: Rebecca Harvey October 2015. Membership Secretary: Stephen Knight ([email protected]) International Secretary: Bill Bowring Number 71, October 2015 ([email protected]) Executive Committee: 4 News & comment 24 So many reasons why Robert Atkins, Martha Jean Baker, Jacob Jobstown 23 in Ireland; LWTU; turning landlords into Bindman, Kat Craig, Liz Davies, Emily Elliott, Elizabeth Forrester, Margaret Gordon, People’s Assembly; European immigration officials is a Agnieszka Grabianka-Hindley, Owen lawyers; blacklisting; Young Legal bad idea says Usman Sheikh Greenhall, Richard Harvey, Carine Hejazi, Aid lawyers; criminal lawyers Paul Heron, John Hobson, Sophie Khan, 28 ‘We want to live life’ In strike debate; and International August 2015 a thousand people Angus King, Siobhán Lloyd, Natasha Lloyd- Women’s Conference Owen, Anna Morris, Carlos Orjuela, Declan rallied at Yarl’s Wood Immigration Owens, Wendy Pettifer, Tim Potter, Ripon 12 Stop the Trade Union Bill Removal Centre to protest Ray, Brian Richardson, Catherine Rose, Keith Ewing and John Hendy on Judith Seifert, Shanthi Sivakumaran, against the immigration detention Adiam Weldensae the latest government legal attack system and, as Antonia Bright on organised workers points out, they were from both SocialistLawyer 18 Alzamos las manos (We sides of the walls Editor: Nick Bano Raise Our Hands). A poem by 32 The price of free speech Assistant editors: Russell Fraser & Tim Potter Rafael Jesús González about the in India today Richard Harvey Special thanks to Shanthi Sivakumaran, Mexico 43 on the declaration of hostilities Emily Elliott, Michael Goold, Stephen Knight & Declan Owens 20 The new vampires of the by the Indian government and Cover image: Jess Hurd global economy ‘Investor state corporations towards NGOs – Design: Smith+Bell (www.smithplusbell.com) dispute settlement mechanisms’ in particular against Greenpeace Print: The Russell Press are bad news, by Nick Dearden India (www.russellpress.com) Online distributor: Pluto Journals 22 Archaic, irrational, and 34 Reviews Lethal Allies: British (www.plutojournals.com) incomplete – employment Collusion in Ireland by Anne ISSN: law needs an Law Cadwallader; Judicial Review, Print 0954-3635 Commission review argues Law and Practice by Patterson, Online 2055-5369 Mike Hughes Karim and Leslie 2 Socialist Lawyer October 2015 SL71_pp2-3_contents&editorial.qxp_print 12/10/2015 16:39 Page 3 from the chair Did you have a flutter on Jeremy Corbyn? Cameron, on the advice of the Attorney General, At last. An Unfortunately I did not. At first we could not Jeremy Wright, ordered drone strikes in Raqqa, conceive that he would ever find himself making Syria whose purpose was to assassinate two opposition an acceptance speech for the Labour leadership British nationals thought to have left England in on 12th September. Jeremy’s election has been order to fight for Islamic State. Cameron will not welcomed across the left in Britain and while reveal the legal advice upon which he relied. We Haldane is resolutely non-party political we are are urged to trust him. Where have we heard that pleased that a politician we have long counted before? Again, Jeremy has said for months that as a friend is now leading the Labour party. there may be circumstances in which he would A socialist, peace activist, and internationalist consider a military attack on Syria but he could heads the Labour party. Consider that for a not think what that contingency would be. He moment. After he secured the nominations to prefers, in similar vein to the refugee crisis, talks take part in the contest, at their longest, the odds and negotiation with the regional powers and quoted on him prevailing reached 200-1. The pressure being brought to bear on those to whom odds on a swift resolution to the conflict in Syria Britain supplies arms and who in turn fortify IS look far longer at present. with artillery. History has surely vindicated him David Cameron’s response to the refugee and his approach in past conflicts. crisis has been abject. Despite pressure from In his first week as leader Jeremy also across politics, it took the sight of the drowned addressed the Trades Union Congress. Previous and lifeless body of three-year-old Alan Kurdi to Labour leaders have usually seen TUC jolt Cameron into a response. He has since conference as an opportunity to cast themselves committed the UK to accepting 20,000 Syrian at odds with the movement. Jeremy instead refugees by 2020. On even the most cursory praised the trade union movement and pledged examination it is a pledge which is predicated on to fight the Tories’ Trade Union Bill currently the calculation that the Syrian conflict will be before Parliament and which has passed its over long before that date. Moreover, it is a second reading. The bill is a partisan and sinister paltry figure which is dictated by Cameron’s fear move against labour movement strength and the of confrontation with the right of his own party. Labour party’s funding. The implications of the By contrast, before his election as leader, proposals are examined on page 12 by Haldane’s Jeremy Corbyn denounced the government’s prominent employment and industrial relations position saying the ‘response has been shameful. experts Keith Ewing and John Hendy QC. David Cameron must shoulder his responsibility These assaults on our movement are only and begin urgent talks with our European likely to intensify in the months ahead, if the first neighbours and the UN so that the UK takes its week of Jeremy’s leadership is an indication. The fair share of refugees. He should immediately ridiculous spectacle of Michael Fallon MP bring together civil society and religious leaders, telling the BBC that the Labour party under devolved administrations, councils and charities Jeremy posed a triple threat to security, to properly plan and coordinate our economics, and families might have come from a humanitarian response. It is our duty as a lost Chris Morris script. Haldane will continue signatory to the UN refugee convention, but also to work with Jeremy where our support is as human beings…’ It is refreshing to have an welcome and of value. As will we fight alongside opposition truly worthy of the name and whose comrades in the wider movement against this leader is a stranger to triangulation and the dog Tory government we had expected to be whistle politics which has for so long defeated in May. Back then the implications for characterised debate in this country. the country of five more years of the Tories Jeremy is also unshakeable in his opposition dismantling the welfare state looked ineluctable. to military intervention in Syria, recognising that At least now we have the chance of an the result would be deaths in far greater numbers opposition that will stand between the than at present and an identical refugee crisis. government and a fatal reimaging of the post- The Government sought Parliament’s war settlement. endorsement of military action in Syria in 2012 Russell Fraser, chair of the Haldane Society, and was defeated. It has since transpired that [email protected] Socialist Lawyer October 2015 3 SL71_pp4-11_news.qxp 12/10/2015 11:50 Page 4 News&Comment Criminalising protest in Ireland – the Jobstown 23 he dramatic dawn raids successfully organised mass non- their sense of betrayal, and yes, for staged over 10 days in payment. The decision to charge all the gnashing of teeth in sections TFebruary against protesters the Jobstown 23 seems likely to of the media about the word, the in Ireland have had their outcome come from a section of the state political hatred of many towards a revealed. Twenty-three of those that is deeply concerned about the figure who symbolised both sell- arrested for protesting against existence of such mass civil out and austerity. Deputy Prime Minister Joan disobedience. It is deeply worried The car that Joan Burton was Burton in Jobstown, Tallaght, by the rising confidence and in was met with a sit-down protest Dublin in November of last year politicisation of working class as she left a graduation ceremony. are to be charged with serious communities (precisely like That took place at the exact place The Jobstwon 23 banner and supporters on a mas criminal offences including false Jobstown) by the collapse of the that a food bank operates, on imprisonment, criminal damage establishment parties and the rise which growing numbers are suggestion.