Steve Baker and Dominic Grieve: Saturday’s vigil, its mishandling – and why we should be wary of this plan for more police powers

16 Mar

Steve Baker was a Minister in the former Department for Exiting the European Union, and is MP for Wycombe.  Dominic Grieve is a former Attorney General and MP for Beaconsfield.

Sarah Everard’s killing and the subsequent charging of a police officer with her murder are horrors which will have struck us all. Men need to relearn the basic courtesies that enable women to feel safe in public – including challenging those who continue to ignore them – and heed the message that so many women have tried to convey over the last few days.

In its aftermath, Saturday’s events on Clapham Common were a disaster for the image of policing by consent and a vivid illustration of the consequences of the enactment of bad law. Policymakers and lawmakers must learn the right lessons from this as we consider the Police, Crime, Sentencing and Courts Bill.

The police have been put in an invidious position by poorly enacted Coronavirus law. The police may consider that protests are banned, but as a briefing by Big Brother Watch explains that “whether or not protests are legally prohibited remains unclear.”

While the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 contain a specific exemption on gathering for protests in Tiers 1-3, in Tier Four this exemption has been removed.

However, there is a credible argument that silent protest is still allowed as a common law right which has not been specifically banned. That has created an ambiguity which inevitably undermines Dame Cressida Dick’s claim in relation to the Clapham Common events that “unlawful gatherings are unlawful gatherings”.

Given the testimony to Parliament that there is very little evidence of outdoor transmission and no outbreaks linked to crowded beaches, it is hard to see how it was a good policing decision at this stage in the pandemic to break up a vigil for Sarah Everard by force – a vigil attended privately earlier by the Duchess of Cambridge for very good reasons.

This serious fiasco has also become the context for the Police, Crime, Sentencing and Courts Bill, but it is not necessarily the right context through which to consider all the public order powers in the Bill. The willingness of contemporary protestors to use non-violent mass law breaking to pursue political ends by bringing our cities to a halt and by placing massive pressure on policing resources cannot just be ignored.

In January, Brandon Lewis clarified in the Commons that the Government did not consider Extinction Rebellion an extremist group. But others have suggested that some within it may aspire to undermine liberal democracy by mass protest of this kind, although it must be rather doubtful that this is the agenda of most of its supporters.

If the powers available to deal with such improbable radicalism in practice are really insufficient at present, then this may justify changing the law. But in doing so MPs must uphold the fundamental right to protest along with the rights and freedoms of those whose lives may be seriously disrupted by such demonstrations.

The problem is that there is much in Part Three of the Bill to raise concerns that it may create uncertainty by giving far too much discretion to the police in determining this balance, and far too much power to the executive to change the law by decree if it chooses – a practice of which our experience over Coronavirus ought to make us very wary.

In a free and democratic society, the right to protest in public is fundamental, and the presumption in favour of maintaining that right, even at the risk of its being occasionally abused, is paramount. The criticisms of this part of the Bill from many quarters should not be ignored, even as we ask critics to face up to new policing challenges.

The Bill, being so wide in its scope, also deals with many other issues unrelated to public order and demonstrations. Those voting against it at Second Reading, as the Official Opposition apparently intends to do, must explain and justify their doing so when there will be much in it that their constituents will want. South Buckinghamshire residents will want to deter unlawful encampments, for example.

Conversely, those MPs voting for the principle of the Bill today, because they wish to see parts of it enacted, must make clear their intent to improve it at later stages and address the fundamental matters that go the heart of our civil liberties. Meanwhile, at this stage in the pandemic and the vaccination programme, the Government should proceed immediately to repeal all Covid-related restrictions on the right to protest, and remove the possibility of a recurrence of Saturday’s events.

Matthew Elliott: Please apply to invest in Britain’s future and win £10,000

19 Oct

Matthew Elliott was Editor-at-Large of BrexitCentral

Coming from the world of think-tanks and campaign groups, I have a strong interest in the policy ecosystem that surrounds political parties.

Ahead of Tony Blair’s victory in 1997, think-tanks such as Demos and the Institute for Public Policy Research were established. And in the 2000s,a plethora of think-tanks (Centre for Social Justice/Policy Exchange), campaign groups (Business for Sterling/Countryside Alliance) and websites (ConservativeHome/Guido Fawkes) were launched and play an influential role in political discourse.

As well as playing a role in two successful referendum campaigns (NOtoAV and Vote Leave), I helped set up the TaxPayers’ Alliance (2004), Big Brother Watch (2009), Million Jobs (2012), Business for Britain (2013) and BrexitCentral (2016), so policy entrepreneurship is one of my passions. And even though my focus is now more in the private sector, I still enjoy helping and mentoring new policy entrepreneurs who are setting up the next generation of campaign groups and think-tanks.

At the beginning of my career, I was helped by the entrepreneur and philanthropist Stuart Wheeler, who sadly passed away at the end of July. I was 25 when we launched the TaxPayers’Alliance. I didn’t know any potential financial supporters, so I wrote to the signatories of a Business for Sterling advertisement with my ‘Strategy Plan’.

I thought, if they like BfS, there’s a good chance they’ll like the TPA. Stuart was one of the people who very generously sent a contribution which, along with some other donations, gave us the resources to cover my salary for three months, giving me the confidence to leave my position as a researcher to the Conservative MEP (now Lord) Timothy Kirkhope, and go full-time with the TPA.

Seventeen years later, I now find myself in a different position. My most recent project – the news website BrexitCentral – sent out its 1,085th and final daily email bulletin to the tens of thousands of subscribers we had accrued on February 1, the day after the UK formally left the European Union.

Alongside those essential morning emails put together by the indefatigable Jonathan Isaby and his team, we had published more than 2000 articles by over 500 authors, including the current Prime Minister and many of his Cabinet, not to mention Erin O’Toole, the man who was elected leader of the Canadian Conservative Party over the summer.

We are now in the final stages of winding up the company – a task which has been somewhat delayed by babies and Covid-19 – so, along with Georgiana Bristol, who worked tirelessly behind the scenes to keep the show on the road, we are left with the issue of what to do with the last remaining funds.

When we were discussing the matter, I thought about the support that Stuart Wheeler and other donors had given me as we launched the TPA, and we decided that it would be very fitting to use those remaining funds to support the young policy and campaigning entrepreneurs of today – people with the ideas that will tackle the policy challenges of the coming years.

We have two cheques for £10,000, and we would like to hear from people under the age of 35 with an exciting idea or contribution to policy debate. It could be:

  • A campaign group or think-tank you have set up, or are hoping to set up;
  • A book proposal that you want to take a sabbatical from your current job to research and draft;
  • A think-tank report you want to take time off from your current position to write;
  • A website or podcast you want to establish, or a short film you wish to make.

That is not an exhaustive list – we are interested in all ideas, the more innovative and entrepreneurial the better. And because Brexit was supported by people from across the political spectrum, we are open to proposals from all policy positions.

To stress, we are not looking for proposals relating to Brexit or Britain’s future relationship with the European Union – we are looking for submissions on any issue, policy or subject that you feel passionate about.

Entries should be emailed to policyentrepreneurs@brexitcentral.com by midnight on Sunday 8th November 2020 and should cover (on no more than two sides of A4) an outline of your plan an dhow you hope to execute it. All submissions will then be sifted and judged by a panel comprising Jonathan and I, plus Kate Andrews, Peter Cruddas, Helena Morrissey, Jon Moynihan and Mark Wallace. And the two winners will be announced by the end of November.

Since I became active in politics, the barriers to entry for policy entrepreneurship have been massively reduced thanks to the Internet. When I interned at the European Foundation whilst at university, it had an office in Pall Mall, it had copies of its European Journal and European Digest professionally printed, which were then posted to subscribers and the opinion formers in Westminster, Whitehall and Fleet Street that it was trying to influence. It sent press releases out by fax, business was conducted on the telephone or by post, and all these costs were before the general overheads and payroll costs that also needed to be covered.

Fast forward twenty years, and the cost of campaigning has fallen significantly. From setting up a website to using social media, broadcasting ideas and opinions to the world is so much cheaper. But there are still financial barriers, so I hope that this small project will help two policy entrepreneurs of the future, just as Stuart Wheeler helped me with the creation of the TaxPayers’ Alliance all those years ago.

I look forward to reading your entries and announcing the recipients later this year.

This article was originally published on ConservativeHome on Monday October 19, and we are re-publishing it during each weekday this week in order to advertise this project.