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	<title>The Third Estate &#187; Civil Liberties</title>
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		<title>Bernard Hogan-Howe talks out of his braided hat</title>
		<link>http://thethirdestate.net/2012/01/bernard-hogan-howe-talks-out-of-his-braided-hat/</link>
		<comments>http://thethirdestate.net/2012/01/bernard-hogan-howe-talks-out-of-his-braided-hat/#comments</comments>
		<pubDate>Wed, 18 Jan 2012 22:15:23 +0000</pubDate>
		<dc:creator>Guest Post</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Communities]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Police]]></category>
		<category><![CDATA[bernard hogan-howe]]></category>
		<category><![CDATA[lse]]></category>
		<category><![CDATA[met police]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7749</guid>
		<description><![CDATA[This is a guest post by Matt Mahon Commissioner Bernard Hogan-Howe of the Met – played excellently on Monday by Iain Glen, fresh from the set of HBO’s Game of Thrones – was supposed to explain his ‘total policing’ policy at LSE on Monday. In fact, he flannelled for half an hour about the challenges [...]]]></description>
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<p><em>This is a guest post by Matt Mahon</em></p>
<p>Commissioner Bernard Hogan-Howe of the Met – played excellently on Monday by <a href="http://media.screened.com/uploads/1/14624/520506-jorah_mormont_game_of_thrones_22579253_585_720.png">Iain Glen</a>, fresh from the set of HBO’s Game of Thrones – was supposed to explain his ‘total policing’ policy at LSE on Monday. In fact, he flannelled for half an hour about the challenges facing the force, then quite comfortably fielded a mixture of questions. On the one hand, fawning entreaties for him to explain just how it is he copes with the self-same challenges that he had just defined, and on the other, increasingly hostile attacks, and later chants, from students and anti-racism activists. The most powerful of these came when Hogan-Howe was skirting around a question about deaths in police custody, and disparate sections of the audience began spontaneously naming some of the <a href="http://www.guardian.co.uk/uk/2010/dec/03/deaths-police-custody-officers-convicted">three hundred and thirty-three dead</a>. Given that the subject of the session was ostensibly to discuss total policing, though, Hogan-Howe did a remarkably good job of saying very little in many words.</p>
<p>It’s clear that events of this type are spectacles in the purest sense. The aim of the talk wasn’t to advance any debate that might emerge, or even the content of the lecture that Hogan-Howe gave. Instead, the event itself is what mattered: a veneer of academic respectability is given to the Met, and to BHH himself, by the fact that he can appear to be engaging in such a conversation. His talk was a mixture of down-home wisdom and flat-out contradiction, though those questions which weren’t anodyne or purely polemic exposed some interestingly large gaps in Hogan-Howe’s own understanding of policing in London: for instance, he doesn’t seem to have a desire to explore the disproportionality of stop-and-search further than to ‘explain’ it by pointing out that more stops take place in BME areas. But beginning debate like this isn’t the point of the event, when there’s such apparent disconnect between the rhetoric at the top of the Met and the realities of public order and inner-city policing.</p>
<p>Hogan-Howe likened total policing to Johan Cruyff’s total football; everyone can fill everyone else’s positions. But as one questioner noted, the immediate implication of total policing is high barriers at protests and a massive increase in the ability of officers on the street to decide exactly how the law should be enforced. Public order policing at the moment is heading in two directions: firstly, an increase in the ability of officers on the street to determine exactly how the law is applied. The <a href="http://books.google.co.uk/books/about/State_of_exception.html?id=9slkvuV3VS4C&amp;redir_esc=y">state of exception</a>, the moment in which particular police officers are able to determine the law, has been particularised and extended with new police powers &#8211; as in the case of the imposition of section 60 orders, the ban on face coverings and the restrictions on protest materials outside the agreed route of a march. Secondly, there is an increasing tendency for officers to be placed in situations where the instructions that come down to them from on high force a logic of escalation on to situations.</p>
<p>This mixture of increased power and increased institutional pressures &#8211; and the ever more apparent inseparability of police policy from the demands of government of the day &#8211; makes it clear that Monday’s talk could never represent a forum for a genuine discussion of total policing. I could go further: Any explanation of total policing from the top cannot encapsulate what it may mean for activists and black youth whose relationship with the police is much less mediated by such rhetoric. Hogan-Howe may represent a nicer face of the Met, but he does not speak for them, or to us.</p>
<p><a href="http://www2.lse.ac.uk/publicEvents/events/2012/01/20120116t1830vOT.aspx"><em>A podcast of the talk will be available here in the next few days.</em></a></p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2012/01/racism-and-stop-and-search-an-open-letter-to-commissioner-hogan-howe/" rel="bookmark" class="crp_title">Racism and Stop and Search: An Open Letter to Commissioner Hogan-Howe</a></li><li><a href="http://thethirdestate.net/2010/03/nick-hogan-free/" rel="bookmark" class="crp_title">Nick Hogan Free!</a></li><li><a href="http://thethirdestate.net/2011/10/why-occupylsx-should-be-wary-of-liberty/" rel="bookmark" class="crp_title">Why #OccupyLSX should be wary of Liberty</a></li><li><a href="http://thethirdestate.net/2010/11/police-go-back-to-covering-up-their-identifying-shoulder-numbers-photos/" rel="bookmark" class="crp_title">Police go back to covering up their identifying shoulder numbers: PHOTOS</a></li><li><a href="http://thethirdestate.net/2011/03/why-the-left-should-support-the-police-in-their-fight-against-the-cuts-even-if-theyd-rather-not/" rel="bookmark" class="crp_title">Why the Left should support the Police Federation in its fight against the cuts (even if they&#8217;d rather not)</a></li></ul></div>
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		<title>Paternoster Square is not Tahrir Square, but OccupyLSX&#8217;s Goals are Clear</title>
		<link>http://thethirdestate.net/2011/11/paternoster-square-is-not-tahrir-square-but-occupylsxs-goals-are-clear/</link>
		<comments>http://thethirdestate.net/2011/11/paternoster-square-is-not-tahrir-square-but-occupylsxs-goals-are-clear/#comments</comments>
		<pubDate>Tue, 08 Nov 2011 23:32:24 +0000</pubDate>
		<dc:creator>Salman Shaheen</dc:creator>
				<category><![CDATA[Capitalism]]></category>
		<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Democracy]]></category>
		<category><![CDATA[GreenFeed]]></category>
		<category><![CDATA[Protest]]></category>
		<category><![CDATA[Revolution]]></category>
		<category><![CDATA[egypt]]></category>
		<category><![CDATA[Libya]]></category>
		<category><![CDATA[occupylsx]]></category>
		<category><![CDATA[St Paul's]]></category>
		<category><![CDATA[Tahrir Square]]></category>
		<category><![CDATA[tunisia]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7546</guid>
		<description><![CDATA[Last week’s seminar at the Frontline Club asked a very pertinent question of the Occupy London movement pitched outside St. Paul’s. What do you want? I was surprised to see from the show of journalistic hands that the majority in the room did not know exactly what the protesters are camped out for, though, given [...]]]></description>
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<p>Last week’s <a href="http://www.frontlineclub.com/events/2011/11/first-wednesday-15.html">seminar</a> at the Frontline Club asked a very pertinent question of the Occupy London movement pitched outside St. Paul’s. What do you want? I was surprised to see from the show of journalistic hands that the majority in the room did not know exactly what the protesters are camped out for, though, given the lineup of speakers included accountant turned campaigner Richard Murphy and Julian Assange, fresh from court after losing his extradition appeal earlier that day, it was less surprising that the majority supported their broad aims.</p>
<p>Self-confessed occupy sceptic, Harry Cole, one of only two voices of dissent on the panel, accused the protesters of possessing an overwhelming mismatch of ideas.</p>
<p>“If you’ve got a movement that is calling for a realignment of capitalism, having speeches about climate change and Kurds within the space of 10 minutes, it’s not working,” Cole said.</p>
<p>More baffling opposition came from Daniel Ben-Ami, who described himself as of the left, but lost me when he called the protesters a deeply conservative movement loved by the establishment.</p>
<p>It fell to Murphy to give the most passionate defence of the movement, offering a rare charisma I had thought was bred out of accountants at playschool.</p>
<p>“The message from Occupy is you guys have got it wrong,” Murphy said. “After 30 years of neo-liberalism, which has actually suited both left and right in many ways, we end up with a social movement which is actually saying hang on a minute, what this is about is creating a geography of dissent. A space where people can say we are looking for alternatives ideas because our right to dissent, our right to even think has been crushed.”</p>
<p>“Yes it’s messy, but so is reality,” Murphy added.</p>
<p>Assange, confessing he had “had a bit of a busy day”, played up the importance of new forms of media and criticised the role of the mainstream press as the reason movements like Occupy were not in place five years ago.</p>
<p>“We now have ways to bypass the mainstream press,” said Assange, whose own means of bypassing the mainstream press, Wikileaks, has already helped topple governments, “pouring oil on the fire” that fuelled the Arab Spring.</p>
<p>From the speeches, particularly that of activist Naomi Colvin, and from contributions from the floor, it was clear that Occupy, despite the disparate groups that came together to form it, knows what it wants. A stand against cuts and tax avoidance and for the reform of a broken capitalism; a stand for the world’s poorest against the excesses of the world’s richest.</p>
<p>After my lunch breaks spent at the camp and marching on Westminster, swapping caps between journalist and protester, I find it hard to see why anyone could accuse the movement, messy and messianic as it is, of not knowing what it wants. They are persistent in their cause and assured of their politics – turning on, tuning in and dropping out in true radical spirit – and in that I can only wholeheartedly support them.</p>
<p>Equally, when Colvin talked of government not working in the interests of the general population and of her concern with financial services out of control, I found it hard to disagree. What worries me slightly, however, is the tendency of some protesters to link the movement to the Arab Spring.</p>
<p><a href="http://thethirdestate.net/wp-content/uploads/2011/11/Tahrir.jpg"><img class="alignleft size-medium wp-image-7547" title="Tahrir Square London" src="http://thethirdestate.net/wp-content/uploads/2011/11/Tahrir-225x300.jpg" alt="" width="183" height="244" /></a>“It’s one manifestation of a global emancipation movement that began with Egypt and Tunisia,” said Colvin.</p>
<p>Those make for stirring words, powerful, pretty, but also pretentious. It’s a pretention exemplified for all to see in the sign sitting opposite St. Paul’s reading ‘Tahrir Square EC4M’.</p>
<p>I can see what Occupy is trying to do and in showing solidarity with the people of Egypt, Tunisia, Libya and the millions oppressed across the Arab world yearning for freedom from the yoke of dictatorship, they have a noble cause.</p>
<p>But where are the bullets and the cavalry charges? Where are the arrests, the beatings and the killings? I do not envy the Occupy protesters shivering in tents towards Christmas. But Paternoster Square is not Tahrir Square and they are not putting their lives on the line trying to get into it. I’m sure no one in the camp means to belittle the struggle for democracy in the Middle East, or lay claim to a struggle as dangerous, but as destructive and exploitative as modern capitalism is, as immiserating as its failings have been for the most vulnerable people in this country, the Arabs paid in blood for their emancipation, while the St. Paul’s protesters have been given a protected space by state and church – at least until the new year – in which to air their rightful grievances. To forget that, or to elevate a lengthy unseasonal politically charged festival to the status of a fundamental struggle against a sovereign that is trying to destroy you for speaking out against it, smacks of pretention.</p>
<p>That said, what they have done, in creating a space for discussion and democracy, linked with movements across the world, with a clear sense of what they are for and who they are against, is create a powerful symbol that politicians cannot afford to ignore.</p>
<p>As Sun Tzu famously wrote, “if know your enemies and know yourself, you can win a hundred battles”. I suspect there will be more than a hundred battles ahead. Capitalism will not be over by Christmas and the camp may be gone by Easter. But the Occupy movement has tapped into a mood that stretches much further than a few hundred tents outside a famous London landmark. And, if indeed they do this once speak for the 99%, then that mood is not going away anytime soon.</p>
<p>&nbsp;</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/02/a-couple-of-thoughts-on-fantasy/" rel="bookmark" class="crp_title">A Couple of Thoughts on Fantasy</a></li><li><a href="http://thethirdestate.net/2011/10/dave-hartnetts-days-are-numbered/" rel="bookmark" class="crp_title">Dave Hartnett&#8217;s Days are Numbered</a></li><li><a href="http://thethirdestate.net/2011/10/why-occupylsx-should-be-wary-of-liberty/" rel="bookmark" class="crp_title">Why #OccupyLSX should be wary of Liberty</a></li><li><a href="http://thethirdestate.net/2011/03/a-message-to-critical-uk-uncut-activists/" rel="bookmark" class="crp_title">A Message to Critical UK Uncut Activists</a></li><li><a href="http://thethirdestate.net/2011/01/the-problems-of-parliament-square/" rel="bookmark" class="crp_title">The Problems of Parliament Square</a></li></ul></div>
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		<title>The police might use plastic bullets tomorrow? Don&#8217;t make it easy for them</title>
		<link>http://thethirdestate.net/2011/11/the-police-might-use-plastic-bullets-tomorrow-dont-make-it-easy-for-them/</link>
		<comments>http://thethirdestate.net/2011/11/the-police-might-use-plastic-bullets-tomorrow-dont-make-it-easy-for-them/#comments</comments>
		<pubDate>Tue, 08 Nov 2011 18:31:46 +0000</pubDate>
		<dc:creator>Owen</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Police]]></category>
		<category><![CDATA[Protest]]></category>
		<category><![CDATA[#nov9]]></category>
		<category><![CDATA[plastic bullets]]></category>
		<category><![CDATA[student protests]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7538</guid>
		<description><![CDATA[Yesterday&#8217;s news that the Met is giving its officers access to plastic bullets for tomorrow&#8217;s student demonstration is, obviously, pretty disturbing. I&#8217;d guess it&#8217;s pretty unlikely they&#8217;ll actually be used – making a big announcement to the press two days before the event looks a lot more like an attempt to warn off any would-be [...]]]></description>
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<p>Yesterday&#8217;s news that <a href="http://www.bbc.co.uk/news/uk-england-london-15625213">the Met is giving its officers access to plastic bullets</a> for tomorrow&#8217;s student demonstration is, obviously, pretty disturbing. I&#8217;d guess it&#8217;s pretty unlikely they&#8217;ll actually be used – making a big announcement to the press two days before the event looks a lot more like an attempt to warn off any would-be troublemakers than anything else – but that doesn&#8217;t mean it shouldn&#8217;t be cause for concern. If they are deployed, it would be the first time they&#8217;ve ever been used for crowd control in mainland Britain, and they&#8217;re nasty things – not as deadly as the rubber bullets they replaced, but they were used pretty extensively in Northern Ireland during the 70s and early 80s, and <a href="http://en.wikipedia.org/wiki/Plastic_bullet">apparently killed at least fourteen people during that period</a>.</p>
<p>But the fact that the police are considering using plastic bullets isn&#8217;t what really worries me, discomfiting though it is. What&#8217;s far more concerning is that there&#8217;s a good chance that if the worst does happen and the police do end up shooting someone tomorrow, no one&#8217;s going to care.</p>
<p>OK, maybe not “no one”. But certainly no one outside of those you&#8217;d expect to worry about excessive police violence anyway – those involved with the demonstration and the wider activist groups and networks that were involved in organising it, and assorted leftwing and liberal commentators (this blog included). Jenny Jones&#8217; denunciation of the use of plastic bullets, quoted in the BBC story linked to above, is undoubtedly admirable, but how likely is it really that “[a]ny officer that shoots a student with a baton round will have to answer to the whole of London”? The memories of August&#8217;s riots are still fresh in people&#8217;s minds, and <a href="http://ukpollingreport.co.uk/blog/archives/3893">a clear majority of people were pretty happy to support harsh retribution for people who were involved in those</a>. People in the UK tend to be pretty illiberal on crime and punishment at the best of times, riots scare people, and it&#8217;s not exactly news that people tend to care a lot less about civil liberties when they&#8217;re scared.</p>
<p>This being the case, how likely is it that most people are actually going to care if the police use plastic bullets on student demonstrators, especially if that news is read out over TV footage of protesters breaking windows, chucking bricks and letting off flares? I wouldn&#8217;t hold out much hope.</p>
<p>Just to be clear (and to forestall some of the criticisms I can imagine this piece is likely to receive), I&#8217;m absolutely not arguing that a few smashed windows tomorrow would in any way justify the use of plastic bullets – it wouldn&#8217;t. Nor am I out to excuse any of the other examples of dubious police behaviour, such as sending letters to those it apparently sees as potential troublemakers <a href="http://twitpic.com/7c4soq">to scare them off trying anything</a>, as they apparently did today, or to get into an argument about the rights and wrongs of vandalism and violence as methods of political protest – I&#8217;ve had enough of the rubbish which people come out with on all sides of that debate to last me a lifetime. All I&#8217;m saying is that my impression is that for all that people might have little love for the government, the public mood is currently leaning more towards the forces of law and order than it is towards masked protesters with a propensity to smash stuff.</p>
<p>So if you&#8217;re going on the demo tomorrow and you care about having popular opinion on your side (which I&#8217;d sincerely hope anyone involved in trying to build a mass campaign does), how about trying to avoid doing stuff which might put off the average viewer of the ITV evening news? That doesn&#8217;t mean I&#8217;m hoping that nothing happens tomorrow beyond all the protesters marching from A to B like good little boys and girls – there are any number of other ways to protest than that (legal and otherwise), as UKUncut and the like have proven time and again. Not being violent or smashing anything doesn&#8217;t guarantee the police won&#8217;t be violent, of course (whether that takes the form of plastic bullets or not), but it does make it a lot more likely that there&#8217;ll be some public sympathy for you – and, at least as importantly, for the cause – if it happens.</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2010/09/serious-questions-raised-over-shooting-of-white-barrister/" rel="bookmark" class="crp_title">Serious questions raised over shooting of white barrister</a></li><li><a href="http://thethirdestate.net/2011/01/ukuncut-dont-let-the-cs-spray-become-the-story/" rel="bookmark" class="crp_title">UKUncut: Don&#8217;t let the CS spray become the story</a></li><li><a href="http://thethirdestate.net/2010/03/bolton-brutality-and-lies/" rel="bookmark" class="crp_title">Bolton, Brutality and Lies</a></li><li><a href="http://thethirdestate.net/2011/03/why-the-left-should-support-the-police-in-their-fight-against-the-cuts-even-if-theyd-rather-not/" rel="bookmark" class="crp_title">Why the Left should support the Police Federation in its fight against the cuts (even if they&#8217;d rather not)</a></li><li><a href="http://thethirdestate.net/2010/12/the-cenotaph-should-be-arrested-for-violent-disorder/" rel="bookmark" class="crp_title">The Cenotaph Should Be Arrested For Violent Disorder</a></li></ul></div>
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		<title>Should the EDL be banned from marching in Tower Hamlets?</title>
		<link>http://thethirdestate.net/2011/08/should-the-edl-be-banned-from-marching-in-tower-hamlets/</link>
		<comments>http://thethirdestate.net/2011/08/should-the-edl-be-banned-from-marching-in-tower-hamlets/#comments</comments>
		<pubDate>Sun, 21 Aug 2011 23:01:25 +0000</pubDate>
		<dc:creator>Owen</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[East London]]></category>
		<category><![CDATA[Islamophobia]]></category>
		<category><![CDATA[Protest]]></category>
		<category><![CDATA[edl]]></category>
		<category><![CDATA[Tower Hamlets]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7267</guid>
		<description><![CDATA[On Saturday one of my fellow Third Estaters (I&#8217;m assuming Reuben) tweeted: Definitely don&#8217;t think the left should be calling for a state van [sic] on the EDL march While compelling, I think this view is seriously mistaken. Granted, it&#8217;s always a good idea to be wary of calling on the State to do anything [...]]]></description>
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<p>On Saturday one of my fellow Third Estaters (I&#8217;m assuming Reuben) <a href="http://twitter.com/#%21/thethirdestate/status/104886969535954944">tweeted</a>:</p>
<blockquote><p>Definitely don&#8217;t think the left should be calling for a state van [sic] on the EDL march</p></blockquote>
<div id="attachment_7269" class="wp-caption alignright" style="width: 310px"><a href="http://thethirdestate.net/wp-content/uploads/2011/08/EDL-lionheartphotography.jpg"><img class="size-medium wp-image-7269" title="EDL lionheartphotography" src="http://thethirdestate.net/wp-content/uploads/2011/08/EDL-lionheartphotography-300x225.jpg" alt="" width="300" height="225" /></a><p class="wp-caption-text">Image: lionheartphotography/flickr</p></div>
<p>While compelling, I think this view is seriously mistaken. Granted, it&#8217;s always a good idea to be wary of calling on the State to do anything which limits either civil liberties or freedom of expression, given the<a href="http://en.wikipedia.org/wiki/Terrorism_Act_2006#Extending_the_period_of_detention_without_charge"> countless</a> <a href="http://www.opendemocracy.net/ourkingdom/anon/%E2%80%9Ccommitting-protest%E2%80%9D-charing-cross-arrests">occasions</a> when it&#8217;s proved itself willing to do so in unjustified and harmful ways. And yes, the recent riots have given rise to a volatile political environment in which any number of unpleasantly authoritarian measures are far more politically viable than they were just a few weeks back. Even before the riots concerns were being raised about the criminalisation of political protest, from the anti-royalist demonstrators at the Royal Wedding I linked to above to the UKUncutters arrested at Fortnum and Mason&#8217;s in March. You don&#8217;t have to be a die-hard liberal defender of the principle of <a href="http://en.wikipedia.org/wiki/Evelyn_Beatrice_Hall">“I disapprove of what you say&#8230;”</a> to think that this isn&#8217;t a tendency we should be doing anything to encourage.</p>
<p>There are, though, a couple of very important counter-considerations. The first is that banning the Tower Hamlets EDL march wouldn&#8217;t exactly be an unprecedented step. The English Defence League has already been banned from holding marches at least three times in the past couple of years – in <a href="http://www.lutontoday.co.uk/news/local/fears_of_further_violence_prompt_march_ban_1_1035120">Luton</a>, <a href="http://www.bbc.co.uk/news/uk-england-bradford-west-yorkshire-11121005">Bradford</a> and <a href="http://www.telegraph.co.uk/news/politics/conservative/8041017/Leicester-marches-banned-by-Theresa-May.html">Leicester</a>. Whether those bans were right or wrong, a ban on the proposed 3 September protest wouldn&#8217;t be sliding further down the slippery slope of authoritarianism, just a continuation of the same policy towards the EDL that&#8217;s always existed; letting them demonstrate as they please, except when practical concerns about the likely consequences of a march are judged to outweigh the right to freedom to protest – and the second counter-consideration is that in this case such concerns are very well-founded indeed. It&#8217;s hardly a secret that EDL demonstrations have a strong tendency to <a href="http://en.wikipedia.org/wiki/English_Defence_League#Association_with_violence_and_anti-social_behaviour">turn violent</a>. How likely is it that an EDL march through a largely Muslim area less than a month after the worst riots the country&#8217;s experienced in decades is going to pass off peacefully? (As an aside, I&#8217;m well aware there are some on the left, whether they openly admit it or not, who are quite keen on the idea of a ruck with the EDL, but suffice to say that while I&#8217;m not such a naïve liberal that I think violence can&#8217;t ever be justified when it comes to countering the far right, actively desiring that it occur is stupid beyond belief.)</p>
<p>There are real and pressing concerns about the growth of State restrictions on political protest in the UK, but they pale into insignificance compared to the danger of serious violence if the 3 September march goes ahead. I don&#8217;t relish being in the position of calling on the government to shut down yet another political protest, but it&#8217;s by far the least worst option.</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/05/the-public-sector-anti-cuts-mini-quiz/" rel="bookmark" class="crp_title">The public sector anti-cuts mini-quiz</a></li><li><a href="http://thethirdestate.net/2010/08/denying-the-edl-a-riot-shouldn%e2%80%99t-necessarily-mean-banning-the-march/" rel="bookmark" class="crp_title">Denying the EDL a riot shouldn’t necessarily mean banning the march</a></li><li><a href="http://thethirdestate.net/2011/09/the-edl-and-anti-fascist-obfuscation/" rel="bookmark" class="crp_title">The EDL and anti-fascist obfuscation</a></li><li><a href="http://thethirdestate.net/2010/10/what-on-earth-are-the-tuc-doing/" rel="bookmark" class="crp_title">What on earth are the TUC doing?</a></li><li><a href="http://thethirdestate.net/2009/03/on-the-march/" rel="bookmark" class="crp_title">On The March&#8230;</a></li></ul></div>
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		<title>An Open Letter To Judges</title>
		<link>http://thethirdestate.net/2011/08/an-open-letter-to-judges/</link>
		<comments>http://thethirdestate.net/2011/08/an-open-letter-to-judges/#comments</comments>
		<pubDate>Tue, 16 Aug 2011 08:53:47 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Class]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7245</guid>
		<description><![CDATA[Dear Judges, In 1748, the Baron of Montesquieu singled out the English political system as an exemplary form of protection of liberties, and the avoidance of corruption and despotism. He described in The Spirit of the Laws the separation between what we would now call the legislative, judiciary and executive powers. His argument was extremely [...]]]></description>
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<p><!-- 		@page { margin: 2cm } 		P { margin-bottom: 0.21cm } -->Dear Judges,</p>
<p>In 1748, the Baron of Montesquieu singled out the English political system as an exemplary form of protection of liberties, and the avoidance of corruption and despotism. <a href="http://www.constitution.org/cm/sol_11.htm#004">He described in <em>The Spirit of the Laws</em></a> the separation between what we would now call the legislative, judiciary and executive powers.</p>
<p>His argument was extremely simple: that by any combination of these powers, the liberty of the subject would immediately be made null, because liberty depends on a stability of mind, and a predictability of outcome. This stability, he argues, is present when the branches are separate. However:</p>
<blockquote><p>&#8220;When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.</p>
<p>&#8220;Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.&#8221;</p></blockquote>
<p>Now, perhaps it&#8217;s sometime since you last learned of the political system &#8211; so let&#8217;s recap. In England currently, the three branches are represented as follows: the legislative power is made through the Houses of Parliament (mainly in Acts of Parliament). The executive force is the civil service (including the police). The Judiciary &#8211; now, that would be you.</p>
<p>However, the current actions of the legislative government has been<a href="http://www.guardian.co.uk/uk/2011/aug/15/riots-magistrates-sentencing"> to &#8216;advise&#8217; the judiciary so strongly</a>, as to essentially bring a conjunction between the legislative and judiciary powers. This means that &#8220;the life and liberty of the subject would be exposed to arbitrary control.&#8221; Further, Montesquieu adds this:</p>
<blockquote><p>&#8220;The judges ought likewise to be of the same rank as the accused, or, in other words, his peers; to the end that he may not imagine he is fallen into the hands of persons inclined to treat him with rigour.&#8221;</p></blockquote>
<p>For the last week, the courts have been overflowing not only with adminstrative paper work, but with class conflict. The rich are judging the poor, the privileged the disenfranchised, the powerful the weak. Those who have been scared and frightened by the rioting of the angry are now sitting in judgement and <a href="http://www.guardian.co.uk/news/datablog/2011/aug/11/uk-riots-magistrates-court-list">meting out punishment</a> on those who frightened them. This is the source, surely, of the willingness to impose sentences of 6 months as a minimum for shop-lifting, for handling stolen goods <a href="http://thethirdestate.net/2011/08/six-months-in-jail-for-keeping-a-young-woman-as-a-slave-or-for-stealing-bottled-water/">worth an insignificant amount</a>, and for the refusal of bail even in the most demanding of circumstances for the accused.</p>
<p>I am no great believer in the means of Liberalism, but I imagine many judges are. If the judiciary continues to be complicit in this new regime, then there is no liberty. I lay down the challenge for a judge to step forward and denounce what is occurring in the courts as I write.</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/10/whos-worse-the-judges-or-the-police/" rel="bookmark" class="crp_title">Who&#8217;s Worse: The Judges Or The Police?</a></li><li><a href="http://thethirdestate.net/2011/08/six-months-in-jail-for-keeping-a-young-woman-as-a-slave-or-for-stealing-bottled-water/" rel="bookmark" class="crp_title">Six months in jail for keeping a young woman as a slave&#8230; or for stealing bottled water</a></li><li><a href="http://thethirdestate.net/2010/10/dont-ask-dont-tell-struck-down-but-judges-are-no-substitute-for-americas-broken-parliamentary-machine/" rel="bookmark" class="crp_title">&#8220;Don&#8217;t Ask Don&#8217;t Tell&#8221; struck down &#8211; but judges are no substitute for America&#8217;s broken parliamentary machine</a></li><li><a href="http://thethirdestate.net/2012/01/racism-and-stop-and-search-an-open-letter-to-commissioner-hogan-howe/" rel="bookmark" class="crp_title">Racism and Stop and Search: An Open Letter to Commissioner Hogan-Howe</a></li><li><a href="http://thethirdestate.net/2010/08/proposition-8-liberalism-and-the-limits-of-democracy/" rel="bookmark" class="crp_title">Proposition 8, liberalism and the limits of democracy</a></li></ul></div>
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		<title>South London: United, or Divided? An Account of Two Unity Demonstrations, First White, Then Black</title>
		<link>http://thethirdestate.net/2011/08/south-london-united-or-divided/</link>
		<comments>http://thethirdestate.net/2011/08/south-london-united-or-divided/#comments</comments>
		<pubDate>Thu, 11 Aug 2011 10:15:47 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Protest]]></category>
		<category><![CDATA[Racism/Fascism]]></category>
		<category><![CDATA[#londonriots]]></category>
		<category><![CDATA[Anarchists]]></category>
		<category><![CDATA[Deptford]]></category>
		<category><![CDATA[Etlham]]></category>
		<category><![CDATA[Lewisham]]></category>
		<category><![CDATA[looters]]></category>
		<category><![CDATA[SolFed]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=7194</guid>
		<description><![CDATA[I. What follows is an account of one of the most politically interesting nights I have experienced. At 6.30pm on Wednesday, I arrived in Deptford High Street for a demonstration of unity, called by an assembly which had met the night before. An odd collection of local leftists and community activists, along with various other [...]]]></description>
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<p><!-- 		@page { margin: 2cm } 		P { margin-bottom: 0.21cm } --><strong>I.</strong></p>
<p>What follows is an account of one of the most politically interesting nights I have experienced. At 6.30pm on Wednesday, I arrived in Deptford High Street for a demonstration of unity, called by an assembly which had met the night before. An odd collection of local leftists and community activists, along with various other trade unionists and odd-balls, amassed around the Anchor at one end of Lewisham&#8217;s main stretch.</p>
<p>The demonstration was not to condemn or condone the riots, but <a href="http://www.indymedia.org.uk/en/2011/08/483284.html?c=on">&#8216;to march against the cuts that caused the riots</a>.&#8217; At the front of the march for much of it, and hounding around mainly predictable speeches at the start and finish was a shouting white man, barking that we needed to show working class organisation and discipline, to provide &#8216;leadership to the community&#8217; &#8211; to show that protest could happen without rioting.</p>
<p>We processed along the road, the police conveniently closing it for us. We held a couple of banners, one of them the large black and red of the <a href="http://www.solfed.org.uk/">South London Solidarity Federation</a>. We shouted &#8216;cut back, fightback&#8217;, various &#8216;no ifs, no buts&#8217; about public service cuts (especially when going past the fire house) and the strange &#8216;Blame the government, not our kids.&#8217; Often, with more passion: &#8216;No justice, no peace&#8217; &#8211; but, with the police presence, not the follow up line (&#8216;fuck the police&#8217;).</p>
<p>The police themselves concentrated on the front and back of the demo. There were various police cars and vans around the roads, which have become standard over the past couple of nights of police-rule, and while a car kept watch on the front of the protest, three cavalry tailed the back. A scattering of officers walked along the sides. Still, we had plenty of room to move about.</p>
<p>Only at one point was there any tension with the police; they seemed to be holding the march up for no reason outside the Islam centre. After talking with a policeman, I found out that they believed  there was tension between our demonstration and the Muslims outside the centre, and that we had been &#8216;squaring up to them&#8217;. In truth, many people on the demo were calling to the centre&#8217;s members to &#8216;join us&#8217;, to become part of the unity demonstration. To show that solidarity, a few people (I believe misguidedly, though not wrong) began chanting &#8216;Free free Palestine!&#8217;. The local coppers, however, didn&#8217;t realise that this was an attempt at solidarity. In fact, on questioning, I found that the policeman believed the chant to be a racist jibe of some kind. The police, clearly, had no idea who we were, what our politics were, or why we were demonstrating.</p>
<p>Actually, I can&#8217;t blame them. It was extremely difficult to answer this question &#8211; even though it seemed like an obvious march in which to participate. It is not the case that the scenes were overdetermined, but simply that they were <em>indeterminate</em>. I am white, and marching with 100 other folk the vast majority of whom were white as well, it was easy to mistake us for the fascists, or some other petit bourgeois manifestation. We were remarkably white. The symbols of our demo were the anarchist black, or hippiness and hipsterness or flat-cap, white working class militancy. Only later did I realise quite how white we must have looked, marching through Lewisham centre, so eerily quiet in the quasi-lock down that has swept through London these past couple of nights.</p>
<p><strong>II.</strong></p>
<p>On the way back from the demo, the streets now dark and empty, our bus swung over the hill towards Lewisham College &#8211; at which point we saw a group of around 30 black men were being essentially kettled by the police on the street, three police vans and two cars parked up. We pinged the bell, shot off the bus, and dashed back down the road.</p>
<div id="attachment_7197" class="wp-caption aligncenter" style="width: 440px"><a href="http://thethirdestate.net/wp-content/uploads/2011/08/Black-unity-demo.jpg"><img class="size-large wp-image-7197  " src="http://thethirdestate.net/wp-content/uploads/2011/08/Black-unity-demo-1024x585.jpg" alt="" width="430" height="246" /></a><p class="wp-caption-text">Black unity demonstration stopped by police</p></div>
<p>A few of us had <a href="http://greenandblackcross.org/legal/briefings">legal support materials</a>, so we managed to hand those out &#8211; though it was more of a gesture of solidarity than a practical crutch. It helped us make friends though, even while we had to dodge between some police to do so. The coppers then wanted us to move away a bit, chatting asinine rubbish about the bad influence we might have &#8211; by telling people their rights. I moved to the other side of the street and watched, occasionally standing up to intervene with the police&#8217;s harassment of someone standing in the road. At one point the police did imply that they wanted us to leave, as the presence of white people at a distance might make &#8216;some people&#8217; think that there was racial tension in the area. This from the 30 white, baton-wielding police surrounding the 30 hooded black men.</p>
<p>Some more people started to trickle into the residential street, and eventually the police got the go ahead from HQ to escort the group on its way. We walked on the other side of the road, in parallel with the black men &#8211; until a couple of them hollered us over. Chanting &#8216;peaceful march&#8217;, they wanted  to stop the division between black and white. So we joined in.</p>
<p>Being enveloped into the police &#8216;bubble&#8217; (a moving kettle), was a privilege. Now, we could talk. The group of friends, from all over Lewisham (it&#8217;s a big borough), had decided to show that &#8216;not all black people are looters&#8217;, and to protect their community from the EDL. News had reached them that there were <a href="http://voice-online.co.uk/article/far-right-thugs-warn-%E2%80%98-nr-going-get-it%E2%80%99">hundreds of EDL supporters in Eltham</a>, about one hour&#8217;s walk away. Concerned that the EDL might make their way up to Lewisham and Catford, the group were marching down there.</p>
<p>There were some important differences between the demonstration we were now on, and the one we had participated in earlier that evening. Though the black demo was perhaps a third of the size of the white demonstration, the it was encircled by police, who kept the pace up and pushed along the back at more than a quick walk. Harassing black men, as we all know now, is a favourite past time of the London Metropolitan police. We were told that we weren&#8217;t being detained or stopped. Nonetheless, we were both contained fairly tightly within the circle of police, and were also periodically stopped and made to wait for uncommunicated reasons. I can only speculate as to whether the presence of a hand full of white supporters made any difference to the police&#8217;s behaviour.</p>
<p>Another difference was the chanting &#8211; the black demo had only one chant: &#8216;Peaceful march, peaceful march; We&#8217;re protecting our community, we&#8217;re protecting our community.&#8217; It was a more simple, clearer message than the variety of socialisms barked out earlier.</p>
<p>More striking, however, were the similarities. Both demonstrations were predominantly young adults. We took almot identical routes. Of paramount important, <em>both were indeterminate. </em>The black demo passed by shops and was also met with a questioning gaze, sometimes fearful, while our new friends shouted at the shop keepers &#8216;We&#8217;re here to protect you!&#8217;. While the police and some of the local working class population had seen us and thought we might be an all-white localist mob of the worst kind, those same people were concerned that we were now a group of looters, being escorted by the police.</p>
<p>Indeed, in several conversations I got the impression that the earlier unity demonstration had actually been interpreted by some of the black demonstrators and their friend as an EDL march through town; our worst fears confirmed.</p>
<p>After marching all the way through town, we stopped where earlier in the day the white demo had had a rally. This time, we sat around, and had a good chance to talk about things, and make some new friends. The police turned up with a book of spotter cards, and some reinforcements. But I guess it was late and dark, so they decided we should go back. Tired, and still surrounded by police, we sloped all the way back up the high street and the hill. As the police eventually, rather arbitrarily, decided they had had enough, we were told &#8216;You&#8217;re free to go&#8217; and then, added hesitantly &#8211; &#8216;as you were all along.&#8217;</p>
<p><strong>III.</strong></p>
<p>There are some important lessons to be learnt and question to be asked here.</p>
<p>First, it is absolutely imperative that we, black and white, make practical moves to be understood clearly as calling for unity, solidarity, anti-racism and for an egalitarian politics. It we don&#8217;t do this, we risk being misunderstood by our allies, and conceived as the enemies we both oppose.</p>
<p>This is unfortunately, easier said than done. It can&#8217;t mean bringing out the hammer and sickles; certainly not in the context of the Eastern European population in London. I would hope that our forms of action can speak louder than our words and internet-circulated statements, but this too requires careful thought. What does active solidarity mean right now, and how does it engage with the<a href="http://thecommune.co.uk/2011/08/10/nothing-to-lose-nothing-to-win/"> undeniable complexity of the riots</a>, without trying to resolve that complex?</p>
<p>Secondly, I think both demonstrations showed the almost total lack of working class and community organisations in London. A friend of mine says that back in the 1970s, an incident like the past few nights would have had an immediate response from hundreds of community groups across the capital. The black community no longer has such groups, and there have been only a handful of meetings. The only organisations that may have the ability to call such cross-generational &#8211; and also cross-community &#8211; meetings, are the churches. But they have remained silent. We will do well, I feel, to keep asking <a href="http://www.counterpunch.com/austin08092011.html">what the historical reasons for this are.</a> (This also might explain why the politics of community groups are so unknown to London&#8217;s younger population, including the police). I am told that years ago, the local police would have known who the local political groups were, what they represented, and what they were trying to achieve. That South London SolFed were thought a threat to the Islam centre is not only worrying, but historically interesting.</p>
<p>Finally, last night&#8217;s demonstrations acted as a useful benchmark of the problems and hopes inherent in this kind of unity. With any luck, the friendships we formed last night will provide some small opportunity to bring together some of the black and white residents in Lewisham who want to undertake similar shows of unity and defence of their community from both rioters, and the police.</p>
<p>For Lewisham folk, there&#8217;s an assembly at 1pm at the Lewisham Clocktower on Saturday, to discuss ways forward. For North Londoners, the <a href="http://l-r-c.org.uk/events/detail/give-our-kids-a-future-north-london-unity-demonstration/">demonstration on Saturday</a>, called by anti-cut groups and the Turkish/Kurdish community centres &#8211; the only working class organisations with the politics and responsiveness to have met and called such a demo in Hackney &#8211; will be of no small importance. If that gap between black and white can be bridged, and a politics of solidarity and <a href="http://artsagainstcuts.wordpress.com/2011/08/10/riotcleanup-a-physiognomy-of-an-old-fascism-restored/">anti-fascism</a> can be communicated to all those who see, join and comment on the demonstration, then we might be able to begin reforming the kinds of community and labour organisations we will need over the years ahead.</p>
<p>&nbsp;</p>
<p><em>P. S. If someone has a photograph of the first demo, I&#8217;d like to put one in this piece, so I&#8217;d be grateful if you could tweet it @thethirdestate</em></p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/09/the-edl-and-anti-fascist-obfuscation/" rel="bookmark" class="crp_title">The EDL and anti-fascist obfuscation</a></li><li><a href="http://thethirdestate.net/2010/08/denying-the-edl-a-riot-shouldn%e2%80%99t-necessarily-mean-banning-the-march/" rel="bookmark" class="crp_title">Denying the EDL a riot shouldn’t necessarily mean banning the march</a></li><li><a href="http://thethirdestate.net/2011/08/tottenham-burning-a-report-of-last-nights-events/" rel="bookmark" class="crp_title">Tottenham Burning &#8211; a first hand report of last nights events</a></li><li><a href="http://thethirdestate.net/2012/01/racism-and-stop-and-search-an-open-letter-to-commissioner-hogan-howe/" rel="bookmark" class="crp_title">Racism and Stop and Search: An Open Letter to Commissioner Hogan-Howe</a></li><li><a href="http://thethirdestate.net/2011/04/smiley-culture-protest-cultures/" rel="bookmark" class="crp_title">Smiley Culture, Protest Cultures</a></li></ul></div>
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		<title>Smiley Culture, Protest Cultures</title>
		<link>http://thethirdestate.net/2011/04/smiley-culture-protest-cultures/</link>
		<comments>http://thethirdestate.net/2011/04/smiley-culture-protest-cultures/#comments</comments>
		<pubDate>Mon, 18 Apr 2011 00:10:25 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Police]]></category>
		<category><![CDATA[Racism/Fascism]]></category>
		<category><![CDATA[Dutty babylon]]></category>
		<category><![CDATA[Smiley Culture]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=6643</guid>
		<description><![CDATA[On Saturday, a little bleary eyed from a party the night before, I went and marched with the Campaign for Justice for Smiley Culture. Smiley Culture (born David Emmanuel) was a star before I was born. Half Guyanese, half Caribbean, Smiley became an early success story from the Afro-Caribbean music scene of South London. Pick [...]]]></description>
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<p>On Saturday, a little bleary eyed from a party the night before, I went and marched with the <a href="http://www.facebook.com/Campaign4Justice4SmileyCulture">Campaign for Justice for Smiley Culture.<br />
</a><br />
Smiley Culture (born David Emmanuel) was a star before I was born. Half Guyanese, half Caribbean, Smiley became an early success story from the Afro-Caribbean music scene of South London. Pick up a CD compilation of British reggae and you&#8217;ll find his name on there. His music career didn&#8217;t bring riches though, and he became a businessman &#8211; <a href="http://www.google.com/url?sa=t&amp;source=web&amp;cd=1&amp;ved=0CCEQFjAA&amp;url=http%3A%2F%2Fwww.guardian.co.uk%2Fmusic%2F2010%2Fsep%2F23%2Fpop-stars-musicians-jobs-careers&amp;rct=j&amp;q=diamond%20mining%20smiley%20culture&amp;ei=ifmrTdGVHtO08QPg-uG4Ag&amp;usg=AFQjCNFvK5rSk3RrZgl5LMkvWo1ZGT6hEA&amp;sig2=COKTrjpc441nfjPVEPN-jA&amp;cad=rja">apparently inspired by the wheeler dealers of the East End</a>. However, just after his 48th birthday, Smiley was killed. During a police raid at his house in Surrey, he suffered a stab wound to the chest, and died.</p>
<p>The police claim that the knife wound was self-inflicted. However, as the <a href="http://pascf.org.uk/">Pan-Afrikan Society Community Forum</a> puts it: &#8220;Either you believe Smiley stabbed himself or that he was stabbed by one of the police officers present. Based on the testimonies of those that knew Smiley best coupled with the fact that he had everything to live for, [we] take the position that he was murdered by the police.&#8221; As do many others.</p>
<div class="wp-caption aligncenter" style="width: 470px"><img src="http://static.guim.co.uk/sys-images/Guardian/About/General/2011/3/31/1301584133389/Smiley-Culture-007.jpg" alt="" width="460" height="276" /><p class="wp-caption-text">Smiley Culture, performing in 1985</p></div>
<p>I went on the demo because I was inspired by a post at <a href="http://thetopsoil.org.uk/2011/326">Top Soil</a> on why<a href="fortnum145.org"> those arrested at Fortnum and Mason</a> on March 26th (which include a number of my friends) should show solidarity with the Campaign, and also because I was involved with the G20 protests in 2009, and remember well the circumstances of Ian Tomlinson&#8217;s death.</p>
<p>Many of the marchers on Saturday were also there to protest against other deaths in police custody or at the hands of the police directly: <a href="http://uffc-campaigncentral.net/2011/04/hundreds-pledge-support-for-family-of-kingsley-burrell/">Kingsley Burrell Brown</a>, <a href="http://news.bbc.co.uk/1/hi/england/manchester/8698343.stm">Julian Webster</a>, <a href="http://www.seanriggjusticeandchange.com/">Sean Rigg</a>, <a href="http://www.justice4jean.org/">Jean Charles de Menezes</a>, <a href="http://4wardeveruk.org/cases/adult-cases-uk/police-restraint-2/brian-douglas/">Brian Douglas</a>, <a href="http://en.wikipedia.org/wiki/Oluwashijibomi_Lapite">Shiji Lapite</a>, <a href="http://news.bbc.co.uk/1/hi/england/2212064.stm">Derrek Bennet</a>, <a href="http://www.guardian.co.uk/uk/2006/dec/07/ukcrime.patrickbarkham">Azelle Rodney</a>, <a href="http://news.bbc.co.uk/1/hi/8255598.stm">Terry Nicholas</a> and <a href="http://www.guardian.co.uk/celldeaths/article/0,,465301,00.html">many others.</a></p>
<p>The crowd was predominantly Afro-Caribbean, and when speakers referred to &#8216;the community&#8217;, my feeling was that it was that community which was meant. I don&#8217;t have a problem with this. I think it&#8217;s fine to feel like an outsider at someone else&#8217;s demo; if I&#8217;m marching in solidarity, it&#8217;s still powerful if I say &#8216;your community has this problem, and I want it to stop too, because in some small way, I understand.&#8217; My experience of the police as a political activist has meant that I have known small sporadic moments of the state&#8217;s violent intrusion: still, nothing like the systematic violent hammering which many parts of London&#8217;s black community sustains, along with many other racial communities in London.</p>
<p>This isn&#8217;t the same as a knee-jerk response for &#8216;unity&#8217;. While it was an event that was open to all, certain communities were more represented than others: it was, as I said, a mainly Afro-Caribbean demo, and not one which visibly brought in the Somalian, Ghanaian, Nigerian communities, etc. Similarly, the Africanism did not overtly extend to those most revolutionary parts of North Africa at the moment: Libya, Egypt and Tunisia still  remain firmly in &#8216;the middle east&#8217; it seems. This is not a critique of diversity, but a move away from the bland catch-all term of unity, and instead a recognition that certain communities are at this moment engaged in certain struggles.</p>
<p>The demonstration was very different from any I have been on. The mood was at times celebratory, of the show of strength and determination &#8211; around 2,500 people gathered on Wandsworth Road and marched to New Scotland Yard &#8211; and also anger and passion. The pace was quick, and the placards weren&#8217;t resting on people&#8217;s shoulders but held out in front, and high. One I kept spotting said &#8216;CPS: Shame on you&#8217; and another &#8216;Underpoliced as victims; overpoliced as citizens.&#8217;</p>
<p>As well as Socialist Worker placards, a banner from the <a href="http://lambethsaveourservices.org/">Lambeth anti-cuts</a> group and a small swarm of obligatory paper sellers from a range of far Left groups (all of whom had been building for this demo admirabley), there were also people selling the <a href="http://www.blackhistorystudies.com/shop/-whirlwind-newspaper/">Whirlwind</a> newspaper, the official publication of the Alkebulan Revivalist movement, and leaflets going round for the release of <a href="http://www.prisonradio.org/mumia.htm">Mumia Abu Jamal</a>. The stewards wore a mixture of plain fluorescent vests, as well as a fair few with PCS, RMT and TUC logos. There were also the <a href="../../../../../2011/03/whose-side-is-liberty-on/">unwelcome bright green tabards of Liberty volunteers</a>, there (by their own account) to both watch the police, and to make notes of any demonstrators who veered off the permitted route.</p>
<p>The stewards were quite shouty &#8211; several times they stopped the crowd to ensure that everyone (including journalists) was behind the bereaved family members. But this wasn&#8217;t unwelcome. There was a sense that the crowd wanted to be firm and close, to be a force that could be reckoned with. When we passed underneath a steel bridge just before Vauxhall, the noise was deafening, as people shouted, hollered, whistled and yelped, all the noises echoing back down to the ground. Through all the noise you could, of course, still here the extraordinary thumping amps booming back at you, and beneath it all a strung out, eerie remix of &#8216;Give Peace A Chance.&#8217;</p>
<p>Music, aptly, formed the atmosphere. In 1984 Smiley brought out two records which both stormed the charts. The first of these was <a href="http://www.youtube.com/watch?v=vvPuj4f5CKw&amp;feature=related">Cockney Translation</a>, in which Smiley recounts the story of both cockney rhyming slang and  Jamaican patois, all through his thick Caribbean accent. As we turned round Westminster Abbey, I could here it being played on a tiny amp, its bass being absorbed into the crowd along with the noise of honking cars. Alternating between the two slangs, and explaining what they mean only by reference to eachother, the song is a very conscious statement of  London multiculturalism as a fact of life, and also a celebration of its working class texture.</p>
<p>As we moved towards Victoria, I progressively bumped into more friends from various political groups and movements, most of them young and white, there to show solidarity. We were also often the youngest adults in the crowd, as well as marked aside by our colour. At New Scotland Yard, the crowd funnelled into the narrow street, and I was privileged to hear some extraordinary speeches. Merlin Emmanuel, Smiley&#8217;s nephew, truly rallied and encouraged the crowd. He listed the five demands the family have made of the Metropolitan Police, including the immediate suspension of any officer who has someone die while in their custody, and the recognition of the partiality of the &#8216;Independent&#8217; Police Complaints Commission.</p>
<p>Beyond these demands (for which a mass petition is being organised), there was a real feeling that more had to be done. Merlin shouted that we &#8216;will march everyday&#8217; if that&#8217;s what it takes to stop the police from killing. Kingsley Burrell Brown&#8217;s sister, in an incredibly emotional and fiercely angry speech shouted near the end &#8216;Brixton police station, I&#8217;m coming for you&#8217;. And you could tell she meant it, with us or on her own. When Merlin mentioned the Brixton riots of ten years back, he immediately compared those fires to a more important fire that burns now, &#8216;a spiritual fire&#8217;. At this parts of the crowd shouted and cheered in a way which reminded me of the centrality and important of Christianity in the lives of so many people there.</p>
<p>But, in the end, I think it isn&#8217;t the church or the petition which will be the face and future of this campaign. I wonder whether the public face of this struggle will actually come out through the music. There is also a concert being organised, announced at the rally &#8211; an announcement followed by the DJ putting on Smiley Culture&#8217;s second big hit of 1984 &#8211; <a href="http://www.youtube.com/watch?v=lABO7S9h7ig&amp;feature=related">Police Officer</a>. The story of Smiley getting stopped by the police and them taking his weed &#8211; and partly letting him off for being such a great reggae musician &#8211;  is as upbeat as it gets, even while masking the continuing narrative or racial harassment by the police, then and now.</p>
<p>It was clear that this wasn&#8217;t just a march for a murdered reggae star. It was a demonstration of strength against the continued killings by the police against our population. I sincerely hope that there will be further demonstrations, and I urge others to help build for them when they can. While the left focuses so much of its energies on resisting the cuts, it&#8217;s vital to remember that for many people there is little difference between the attitude of the state now and two years ago &#8211; or twenty years ago, or fifty years ago.</p>
<p><em>(ammended Tuesday 19th April)</em>.</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/08/south-london-united-or-divided/" rel="bookmark" class="crp_title">South London: United, or Divided? An Account of Two Unity Demonstrations, First White, Then Black</a></li><li><a href="http://thethirdestate.net/2010/03/bolton-brutality-and-lies/" rel="bookmark" class="crp_title">Bolton, Brutality and Lies</a></li><li><a href="http://thethirdestate.net/2011/08/tottenham-burning-a-report-of-last-nights-events/" rel="bookmark" class="crp_title">Tottenham Burning &#8211; a first hand report of last nights events</a></li><li><a href="http://thethirdestate.net/2010/08/denying-the-edl-a-riot-shouldn%e2%80%99t-necessarily-mean-banning-the-march/" rel="bookmark" class="crp_title">Denying the EDL a riot shouldn’t necessarily mean banning the march</a></li><li><a href="http://thethirdestate.net/2011/11/the-police-might-use-plastic-bullets-tomorrow-dont-make-it-easy-for-them/" rel="bookmark" class="crp_title">The police might use plastic bullets tomorrow? Don&#8217;t make it easy for them</a></li></ul></div>
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		<title>It&#8217;s time for a smokers tax strike!</title>
		<link>http://thethirdestate.net/2011/04/its-time-for-a-smokers-tax-strike/</link>
		<comments>http://thethirdestate.net/2011/04/its-time-for-a-smokers-tax-strike/#comments</comments>
		<pubDate>Fri, 01 Apr 2011 13:57:57 +0000</pubDate>
		<dc:creator>Reuben Bard-Rosenberg</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[smokers]]></category>
		<category><![CDATA[tax]]></category>
		<category><![CDATA[tax strike]]></category>
		<category><![CDATA[tobacco tax]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=6561</guid>
		<description><![CDATA[Considering that he recently sought to place himself in the tradition of J.S. Mill, it would be interesting to know what Clegg thinks of Osbourne&#8217;s latest budget, and in particular the large hike in tobacco tax. Mill, after all, was forthright in his opposition to sin taxes. It was not the place, he argued, of [...]]]></description>
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<p>Considering that he recently sought to place himself in the tradition of J.S. Mill, it would be interesting to know what Clegg thinks of Osbourne&#8217;s latest budget, and in particular the large hike in tobacco tax. Mill, after all, was forthright in his opposition to sin taxes. It was not the place, he argued, of the tax system to police behaviors which could not justifiaby be policed by via legislation. </p>
<p>The budget will add 50p to a pack of economy cigarettes, and a whopping 67p to a pack of rolling tobacco, meaning a total of over £3.60 on every 25 gram pouch.  If Mill had been a social democrat, then this would have given another reason to oppose the tobacco taxes &#8211; which are amongst the most regressive of all taxes, and take up nearly 3% of the income of the poorest 20%.</p>
<p>Smokers, I believe, would have no problem paying for the cost of their habit to the NHS. Yet even before this budget, we were already paying multiple times that amount. The roughly £7.5 billion raised by the  tobacco duty exceeds most credible estimates of the cost to the NHS by a a factor of 5.</p>
<p>For this reason it is time for a smokers tax strike. I pledge that over the coming year I will  get the majority of my tobacco from abroad &#8211; and I ask you to join me in doing this, to help spread the word, and to teach the treasury a lesson about levying regressive taxes on people&#8217;s lifestyles. Add #smokerstaxstrike to your tweets!</p>
<p>If you want to know how easy and cost-effective it is to legally source you tobacco abroad see <a href="http://thethirdestate.net/2010/07/the-third-estate-will-not-pay-sin-taxes-how-to-avoid-the-smoking-tax/">my post here</a>. Last time I checked, you could Eurostar it to Belgium and back for around £70 and pick up 3 kilos of tobacco at around a third of the price. It&#8217;s time to say no.</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2009/02/ash-seeks-to-hit-the-poor-where-it-hurts/" rel="bookmark" class="crp_title">ASH seeks to hit the poor where it hurts</a></li><li><a href="http://thethirdestate.net/2010/07/the-third-estate-will-not-pay-sin-taxes-how-to-avoid-the-smoking-tax/" rel="bookmark" class="crp_title">The Third Estate will not pay sin taxes! How to avoid the smoking tax.</a></li><li><a href="http://thethirdestate.net/2009/11/tab-houses-a-case-of-unintended-consequences/" rel="bookmark" class="crp_title">Tab Houses: A Case of Unintended Consequence</a></li><li><a href="http://thethirdestate.net/2010/03/last-minute-plea-to-the-chancellor-cut-the-smoking-tax-now/" rel="bookmark" class="crp_title">Last minute plea to the Chancellor: Cut the smoking tax now</a></li><li><a href="http://thethirdestate.net/2011/02/smokers-are-poisoned-by-asbestos-why-the-anti-smoking-lobby-must-take-some-responsibility/" rel="bookmark" class="crp_title">Smokers are poisoned by Asbestos &#8211; why the anti-smoking lobby must take some responsibility</a></li></ul></div>
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		<title>Whose Side Is Liberty On?</title>
		<link>http://thethirdestate.net/2011/03/whose-side-is-liberty-on/</link>
		<comments>http://thethirdestate.net/2011/03/whose-side-is-liberty-on/#comments</comments>
		<pubDate>Sat, 19 Mar 2011 13:52:05 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/?p=6463</guid>
		<description><![CDATA[The charity Liberty, a staunch defender of human rights, seems to have lost its way. Started in the 1930s to safeguard free protest and the human rights of political activists in Britain, the organisation appears to have lost touch with the activists it is meant to be supporting. A month ago, the Trade Union Congress [...]]]></description>
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<p><!-- p { margin-bottom: 0.21cm; } -->The charity <a href="http://www.liberty-human-rights.org.uk/index.php">Liberty</a>, a staunch defender of human rights, seems to have lost its way. Started in the 1930s to safeguard free protest and the human rights of political activists in Britain, the organisation appears to have lost touch with the activists it is meant to be supporting.</p>
<p>A month ago, the Trade Union Congress &#8211; in a move which was highly controversial in the trade union movement, and looked upon with anger and frustration by the student population &#8211; decided to work publicly and intimately with the Metropolitan Police in the run up to the demonstration this Saturday. Given the widespread use of containment tactics, baton and horse charges at the student demonstrations last year, as well as the uncovering of various secret police agents, you could be forgiven for thinking that the representative body of the trade union movement might have been more wary and distanced from Her Majesty&#8217;s finest.</p>
<p>All this, however, is quite understandable. Trade union bureaucrats have consistently proven themselves somewhat ill-matched at handling the missiles of contempt thrown at them by British governments for the past few decades. The draconion anti-union laws &#8211; which require that employers are given enough notice before a strike to make them ineffective, and have made sympathy strikes illegal &#8211; have not only remained unchanged through years of New Labour, but are now joined by out-and-out attacks from the courts: note the BASSA and RMT disputes last year. The large trade unions have not defended their members well, and collaboration with an increasingly suspect and violent police force fits well into this narrative.</p>
<p>What is more strange however, is the active collusion of Liberty in this dynamic. The TUC and the Met approached Liberty, asking them to act as &#8216;legal observers&#8217; on the March 26th protests. This might sound appropriate, until you look more closely at what legal observing entails.</p>
<div class="wp-caption aligncenter" style="width: 546px"><img class=" " src="http://news.bbc.co.uk/media/images/46275000/jpg/_46275532__46274079_observer_meeting766.jpg" alt="" width="536" height="358" /><p class="wp-caption-text">Legal observers: trained, and on the side of protesters, not police.</p></div>
<p>Over the past decade or so, legal observers have become a standard part of activist training in this country. The support groups for Poll-Tax prisoners and protesters developed into the Legal and Defence Monitoring Group; the Camp for Climate Action put together an impressive series of trainings and workshops to counteract the kind of police tactic used at Heathrow, Kingsnorth and the G20 in 2009. The bright yellow bibs emblazoned with a scrawled words &#8216;LEGAL OBSERVER&#8217; in black sharpie pen are a familiar sign to many protesters that there is someone trustworthy on the demo who will be looking out for you.</p>
<p>The trainings involve understanding police tactics from the ground up; knowing what to tell people if they are in fear of being arrested; giving briefings about the law in tense situations; how and what to record; setting up a team of observers who know, trust and cooperate with each other. Most importantly, being a legal observer means understanding that political protesters need to be supported in their acts of protest, whatever those may be &#8211; because the state isn&#8217;t going to support us. Being a legal observer is a political role: you choose the side of the activists, and support them. It&#8217;s not about neutrality: it&#8217;s about being the welfare support team for people who are justifiabley angry, and who no-one else is going to support. As Val Swain from the <a href="http://networkforpolicemonitoring.org.uk/">Network for Police Monitoring</a> put it: &#8220;The ability to monitor policing effectively depends on having some distance from the police, and on having the trust of protesters. All of this is inevitably undermined if legal observers form part of the overall policing operation.”</p>
<p>When Liberty was <a href="http://www.liberty-human-rights.org.uk/about/history/index.php">set up in the 1930s</a>, it did monitor protests, and thoroughly on the side of political activists in order to ensure that their rights were maintained in the face of a worryingly oppressive government. Is this what they are being asked to do now? No. Instead, they have sent out an email to lawyers and, in far greater number, trainee lawyers, asking them to volunteer as legal observers. These are people with, in general, no experience as legal observers, and whose knowledge of political action and the tactics of the police is likely to be much less than those protesting. A quick example: if you are in a police &#8216;kettle&#8217;, and you ask whether you are allowed to leave, the officer might say &#8216;yes, of course&#8217;. This does not, however, mean that anyone feels safe to leave in a safe manner, away from state-monitoring. An inexperienced legal observer &#8211; like many TV journalists last year &#8211; might, however, take the police on their word.</p>
<p>And this, probably, is where the whole tactic of bringing Liberty into the equation comes from, for the police and their increasingly crafty press departments. With a well-known and highly respected human right organisation on their side, the police can make authoritative statements in the press through the charity, about their respect for protest and their reasonable approach. We&#8217;ve seen this before, at the 2010 Climate Camp, at which the police turned up with their own &#8216;Police Liason&#8217;, replete with blue jeans, cups of tea and words of killing kindness for the cameras.</p>
<p>Liberty&#8217;s observers might get caught up in police aggression, causing armchair libertarians everywhere to be <em>shocked</em> by such acts against the respectable middle classes. However, I think this is unlikely. When I acted as a police liason at a protest last year (somewhat reluctantly), I recall vividly seeing my friends being pushed aside an trampled over by a line of police while on the phone with the Met&#8217;s Silver Command officer. She informed me that the act was not occurring that I must have been mistaken. I knew what I could see, but in the safety of head office, the managers were oblivious. Given the inexperience of their &#8216;observers&#8217;, I have little doubt that Liberty&#8217;s version of events will be structured far more by the police command line than the experience of protesters on the front line.</p>
<p>We are seeing an extraordinary rise in political protest at the moment, and the police are escalating the situations with tactics of violence and strategies of surveillance. Now is not the time for a human rights organisation like Liberty to turn its back on the grass-roots political movements it was set up to support. Liberty should be contacting the<a href="http://www.nmp.org.uk/resources.html"> Newham Monitoring Project</a>, the <a href="http://greenandblackcross.org/">Green and Black Cross</a> and other teams of experienced legal observers, asking how activists on the ground feel, and what we need. Instead, as the group <a href="http://www.fitwatch.org.uk/">Fitwatch</a> have said: &#8220;The stance taken by TUC and Liberty is at best naive, and at worst complicit.&#8221;</p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2011/10/why-occupylsx-should-be-wary-of-liberty/" rel="bookmark" class="crp_title">Why #OccupyLSX should be wary of Liberty</a></li><li><a href="http://thethirdestate.net/2011/03/a-message-to-critical-uk-uncut-activists/" rel="bookmark" class="crp_title">A Message to Critical UK Uncut Activists</a></li><li><a href="http://thethirdestate.net/2011/01/the-problems-of-parliament-square/" rel="bookmark" class="crp_title">The Problems of Parliament Square</a></li><li><a href="http://thethirdestate.net/2010/12/the-cenotaph-should-be-arrested-for-violent-disorder/" rel="bookmark" class="crp_title">The Cenotaph Should Be Arrested For Violent Disorder</a></li><li><a href="http://thethirdestate.net/2010/03/bolton-brutality-and-lies/" rel="bookmark" class="crp_title">Bolton, Brutality and Lies</a></li></ul></div>
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		<title>Soft Targets For Cuts: Legal Aid Reforms</title>
		<link>http://thethirdestate.net/2011/03/soft-targets-for-cuts-legal-aid-reforms/</link>
		<comments>http://thethirdestate.net/2011/03/soft-targets-for-cuts-legal-aid-reforms/#comments</comments>
		<pubDate>Fri, 18 Mar 2011 13:05:52 +0000</pubDate>
		<dc:creator>Guest Post</dc:creator>
				<category><![CDATA[Civil Liberties]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[consultation]]></category>
		<category><![CDATA[cuts]]></category>
		<category><![CDATA[legal aid]]></category>
		<category><![CDATA[reform]]></category>
		<category><![CDATA[special educational needs]]></category>

		<guid isPermaLink="false">http://thethirdestate.net/2011/03/soft-targets-for-cuts-legal-aid-reforms/</guid>
		<description><![CDATA[This is a guest post by Laura Sandwell. Responses to the government&#8217;s recent consultation paper on Proposals for the Reform of Legal Aid are now available, and the potential impact of the proposed reforms is becoming clear. The consultation paper sets out “fundamental reform” of the legal aid scheme, and justifies widespread cuts on the [...]]]></description>
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<p><em>This is a guest post by Laura Sandwell.</em></p>
<p>Responses to the government&#8217;s recent consultation paper on Proposals for the Reform of Legal Aid are now available, and the potential impact of the proposed reforms is becoming clear. The consultation paper sets out “fundamental reform” of the legal aid scheme, and justifies widespread cuts on the basis that it has become too expensive and that piecemeal reform has left a sprawling system with little resemblance to its original intention.</p>
<p>This reasoning is partly based on the assertion that England and Wales spends more on legal aid than other “comparable” countries.  This is shaky ground as there are no direct comparisons available, particularly as the UK has failed to implement key EU directives. This has resulted in a worrying lack of due process which, in turn, leads to legal aid spending. For example, the UK is the only member state that has no time limit on immigration detention. This <a href="http://www.guardian.co.uk/world/audio/2011/feb/25/focus-podcast-indefinite-detention-foreign-prisoners" target="_blank">podcast</a> discusses some of the legal issues that indefinite detention attracts, and the necessary (and expensive) challenges to the state resulting from them &#8211; which are a product of the government&#8217;s own decision to derogate from the EU Return Directive.</p>
<p>A common thread throughout many legal practitioners’ replies to the consultation has been frustration that these cuts may appear to save money at first instance but will actually be more expensive than maintaining a level of support in certain key areas. The consultation sets out plans to remove all legal help and representation in education law matters (see Page 175 of the document). This is short sighted and draconian &#8211; the consultation acknowledges that those with special educational needs will be unduly affected but determines this issue as being of “relatively low importance”. Early intervention can stop the spiralling costs of a bad decision left unchecked, and this is especially true in cases of special educational needs, where legal aid is key in providing access to experts who can assess the individual’s particular requirements. Those denied this service are likely to incur further costs by litigating for a remedy in future, or more abstractly the resulting alienation can lead to the individual ending up in the criminal justice system.</p>
<p>Asylum legal aid may have been retained but other recent reforms to the way legal aid is paid have set back work in this area. Instead of paying for work done on a matter as it progresses, legal aid is now only recoverable at the end of a case. Due to the complex issues and high hurdles inherent in asylum and immigration claims, these cases drag on over years through numerous appeals. As an immediate result of this administrative difference many excellent asylum aid providers went into administration (<a href="http://www.bbc.co.uk/news/10324774" target="_blank">see here</a> for a summary of what happened to Refugee and Migrant Justice). It was argued by RMJ’s supporters at the time that, aside from the fact that people’s lives were at stake, it would simply be far more expensive to redistribute case work to private sector lawyers than pay the charity what it was owed. This highlights that the government’s argument of cost-effectiveness being the driving force behind these reforms is rather flimsy.</p>
<p>In areas identified for cuts CFAs (conditional fee agreements) are proposed as an alternative to legal aid. CFAs are essentially on a “no win, no fee” basis which historically the UK legal system has tried to curtail. Problems with this arrangement include the fact that most cases are taken on the condition of an “uplift” being paid to lawyers as a success fee- in some instances this can be an extra 100% on top of the projected costs. This means the loss of a significant proportion of any settlement awarded to the complainant. Also, if the action is lost, in many cases the complainant will have to pay the other side’s costs.</p>
<p>The cost argument is largely a fallacy, and the broader impact of these sweeping reforms will be to reduce the accountability of agencies that are able make decisions about those who lack the means to challenge them. The introduction of the green paper sets out the aim of “encouraging people to take greater responsibility for their problems”, and the Ministry of Justice is trying to achieve this by cutting key structures in the legal aid system without offering realistic alternatives for those who depend on them.</p>
<p>To view the original consultation document, please visit: <a href="http://www.justice.gov.uk/consultations/docs/legal-aid-reform-consultation.pdf" target="_blank">http://www.justice.gov.uk/consultations/docs/legal-aid-reform-consultation.pdf</a></p>
<div id="crp_related"><h3>Related Posts:</h3><ul><li><a href="http://thethirdestate.net/2010/04/priced-out-of-justice-cuts-to-legal-aid-put-our-basic-liberties-on-the-line/" rel="bookmark" class="crp_title">Priced out of justice</a></li><li><a href="http://thethirdestate.net/2010/04/yes-to-legal-aid-even-for-people-we-dont-like/" rel="bookmark" class="crp_title">Yes to legal aid: even for people we don&#8217;t like</a></li><li><a href="http://thethirdestate.net/2011/10/if-the-osborne-wants-less-employment-tribunals-then-he-should-support-stronger-unions/" rel="bookmark" class="crp_title">If the Osborne wants less employment tribunals, then he should support stronger unions.</a></li><li><a href="http://thethirdestate.net/2010/11/occupation-information-and-legal-advice/" rel="bookmark" class="crp_title">Occupation Information and Legal Advice</a></li><li><a href="http://thethirdestate.net/2009/08/some-thoughts-on-the-megrahi-case/" rel="bookmark" class="crp_title">Some thoughts on the Megrahi case&#8230;</a></li></ul></div>
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