How police in England can now stop basically any protest

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Original article republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

New anti-protest legislation forced through by Suella Braverman has been labelled “unlawful”

Adam Ramsay

15 June 2023, 3.55pm

A Just Stop Oil protest in central London
Suella Braverman forced through new anti-protest laws after slow-marching demonstrations from Just Stop Oil activists in London

At midnight last night, the right to protest in England and Wales became a matter of police discretion.

Yesterday, the police could restrict or stop a protest to prevent it causing either “serious public disorder, serious damage to property, or significant and prolonged disruption to the life of the community”.

Those powers already allowed plenty of room for interpretation, but from today the threshold is even lower. This week, home secretary Suella Braverman forced through new laws in a way never seen before in the UK. Here’s what you need to know.

What are the new police powers targeting protests?

Changes to the Public Order Act mean police can now restrict or stop a protest if they believe it could cause “more than minor disruption to the life of the community”. They have the power to arrest anyone taking part in a protest, or even anyone encouraging others to take part.

Officers are also now required to consider “cumulative disruption” from protest, even if the protests in question are organised by different people and about different issues. And the definition of “community” has been changed to include anyone affected by a protest, not just people who live or work in the area it’s happening in.

“The regulations also say the police will be required to take into account all relevant disruption. For example, if there are regular traffic jams in the area, that would have to be taken into account [when the police decide whether to ban a protest], even if it had nothing to do with the protest”, Jodie Beck, policy and campaigns officer at Liberty told openDemocracy.

Braverman argued the new laws were needed to target slow-marching protests from climate activists Just Stop Oil and Extinction Rebellion.

What do they mean?

In reality, the police could find a way to argue that any protest meets the threshold for imposing restrictions, if they wanted to. The new law, says Beck, is a “huge expansion of police powers” that could also lead to police allowing some protests to go ahead while imposing restrictions on others, simply based on how the officers felt about the message behind them.

While the government has focused on one particular type of protest – slow-marching – all protests are potentially impacted.

Beck gives the example of striking railway workers and their supporters holding a rally outside a train station. The police “could decide that means a more than minor disruption to people’s travel,” and so ban the gathering, and arrest anyone taking part.

It could even be that police officers rule that a picket line causes “more than minor” disruption to the workplace it is picketing – after all, that’s the point.

But it’s not just the new laws which have shocked experts. It’s also how they came about this week.

How did the new laws restricting protests get passed?

Originally, Suella Braverman tried to sneak the new legislation into the Public Order Act, which passed earlier this year and came into effect just before the coronation. Rather than allowing these changes to face the usual scrutiny in the House of Commons, the home secretary had them added as last minute amendments to the bill in the House of Lords, after MPs had already voted on it. Her attempt failed – the Lords thought these measures were too draconian and voted them down, though they approved the broader new bill.

Undeterred, Braverman turned to a constitutional trick that’s never been used before. Because while new bills – known as ‘primary legislation’ – require line-by-line scrutiny in both houses, various laws already on the statute book give ministers powers to make small changes via something called ‘secondary legislation’. And secondary legislation doesn’t get nearly as much scrutiny, with both the Commons and Lords simply voting for or against.

The home secretary argued that another act passed last year by then-home secretary Priti Patel – the Police, Crime, Sentencing and Courts Act – already gave her the power to make these changes via secondary legislation. So that’s what she did this week, making it the first time ever that a government has used secondary legislation to push through a measure that had already been voted down by parliament.

The secondary legislation passed through the Commons on Monday, with the Tories taking full advantage of their majority. In the Lords, Green peer Jenny Jones filed a highly unusual fatal motion, a rare procedure used to try and kill off the passage of a bill. Normally, because it’s an unelected house, the Lords tweaks legislation passed by the Commons, but doesn’t ultimately vote it down. Jones argued that, because the government was bringing back a law which had already been voted down by parliament through a route which requires almost no scrutiny, this should be an exception.

Labour, although they complained about Braverman’s shenanigans, refused to back Jones, and abstained on the motion, meaning it passed. Police, Crime and Fire minister Chris Philp then enacted the new measures from midnight last night (secondary legislation doesn’t need royal assent). And so now, the police can shut down any protest they like.

The story doesn’t end there. Liberty is taking the government to court, calling the move “unlawful” and arguing that it broke many of the basic principles of the British constitution.

What do human rights campaigners say?

Katy Watts, a lawyer at Liberty, accused the government of “putting itself above the law” and said the move gives police “almost unlimited powers to stop any protest the government doesn’t agree with”.

And Beck believes we need to see this in the context of a much broader attack on our democratic rights. Noisy protests have been banned. The government is already attacking the right to strike, making it easier for bosses to sack people who vote to withdraw their labour. They’ve made it harder to vote, and harder to challenge them in the courts.

“Even if you’ve never been to a protest, you never know when you might need to,” she said.

With the new laws, there is a growing chance you’ll be arrested if you do.

Original article republished from openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Continue ReadingHow police in England can now stop basically any protest

Revealed: UK’s most secretive think tanks took £14.3m from mystery donors

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openDemocracy has relaunched the Who Funds You? campaign into think tanks and transparency. Here’s what we found

Anita Mureithi

17 November 2022, 10.46am

Original article republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Image of loads of money

The UK’s most secretive think tanks have raised more than £14m from mystery donors in the past two years, new analysis by openDemocracy has found.

Among them are some of the most influential groups in UK politics. Think tanks often boast that they have driven changes to the law and economic policy, such as the tax cuts announced by Liz Truss that are blamed for tanking the UK economy earlier this year.

We have rebooted the formerly volunteer-run Who Funds You? campaign, which uses think tanks’ own income disclosures to position them on a funding transparency scale. The project originally ran for seven years before coming to an end in 2019.

Our analysis assigned a third of think tanks – nine out of 28 – an ‘E’ rating, the worst possible score. These organisations had a total income of at least £14.3m according to their most recent corporate filings, yet we found no, or negligible, relevant information made public about where most of this money comes from.

These notoriously ‘dark money’-funded organisations claim to have influence with the government – and often employ high-profile politicians.

Clifford Singer, the former director of Who Funds You?, said: “I’m so pleased that Who Funds You? is being relaunched on its tenth anniversary, and I can’t think of a better organisation than openDemocracy to take it forward.

“openDemocracy has consistently shone a light on the world of dark money and politics, and Who Funds You? is a perfect complement to openDemocracy’s excellent investigative work.”

Six of the least transparent think tanks – the Adam Smith Institute, the Centre for Policy Studies, Civitas, the Institute of Economic Affairs (IEA), Policy Exchange and the TaxPayers’ Alliance – also received an ‘E’ rating in 2019, meaning they have not made any significant improvements.

The three other think tanks that received the lowest transparency rating this year are the Centre for Social Justice, the Legatum Institute and ResPublica, all of which scored higher in 2019.

Singer told openDemocracy that it is “disappointing” to see think tanks lapse in their commitment to transparency.

“I’m sure the relaunch of Who Funds You? will prompt more improvements in transparency, while spotlighting those who remain intent on influencing public policy without declaring who funds them,” he said.

There is no legal requirement for think tanks to reveal their funders, but this lack of transparency is a major concern, say campaigners, especially for institutions that seek to affect government policy.

“Think tanks can play an important role informing policy in Westminster, yet opacity about their funding can raise suspicion that they’re peddling positions in favour of vested interests,” said Steve Goodrich, head of research and investigations at Transparency International UK.

At the other end of the spectrum, think tanks rated ‘A’ are highly transparent, naming all funders who gave them £5,000 or more in the past year and declaring the amounts given.

Ten think tanks (just over a third) received an ‘A’ rating, including the Institute for Fiscal Studies and the New Economics Foundation. The 2019 audit gave nine institutions an ‘A’ rating, including these two.

Polly Curtis, the chief executive of cross-party think tank Demos, which went from a ‘B’ to an ‘A’ this year, said: “Think tanks are an essential part of the democratic fabric of the UK… The values of openness and transparency are core to what Demos stands for, and I’m therefore delighted that our transparency rating has increased since the last audit.”

Less transparent

We found that four think tanks scored lower for transparency this year than in 2019. Among them is the Legatum Institute, a right-wing free-market advocate that has been described as the “Brexiteers’ favourite think tank”.

The Legatum Institute, the fourth largest think tank in our audit, dropped from a ‘C’ rating to an ‘E’. Think tanks are rated ‘C’ if they name at least 50% of funders who gave them £5,000 or more in the last reported year and group funders into specific bands by the amount given.

Despite its influential position, the Legatum Institute, which had an income of £4,175,671 in 2021, has provided no or very little clear information on its website about where donations come from.

But an investigation by openDemocracy in June found that the US fundraising arm of the institute, along with the US arm of the Adam Smith Institute, had between them received $350,000 from the Sarah Scaife Foundation. Led by a billionaire heir to an oil and banking fortune, the foundation has contributed millions to climate-sceptic organisations in the past decade.

Speaking to openDemocracy, journalist and campaigner George Monbiot said: “For many years, certain think tanks have populated the media, played a decisive role in our politics and changed the life of this nation. Yet we lack the crucial information required to see who they really are: namely, who funds them.”

Policy Exchange, for example, one of the UK’s most prominent conservative think tanks, doesn’t provide any clear information about the funders behind its income of £3,396,554 in 2021. Earlier this year, we revealed that the controversial anti-protest law targeting environmental activists, the UK’s Police, Crime, Sentencing and Courts Act, had been dreamed up by Policy Exchange – a think tank that had previously received $30,000 from US oil giant ExxonMobil.

A number of think tanks in the Who Funds You? audit have all steadily increased their influence at the heart of government over the past decade.

The Adam Smith Institute, IEA, Policy Exchange, the Legatum Institute and the TaxPayers’ Alliance have secured more than 100 meetings with ministers since 2012. All received ‘E’ ratings for transparency this year, and four did in the previous audit.

“Given the proximity of some of these organisations to those in high office, the public really should know who is backing them, for what and with how much money,” Goodrich from Transparency International UK told openDemocracy.

He added that think tanks failing to disclose clear information about their funding “gives the impression that they’ve got something to hide”.

Explore the 2022 data and download the full report at: https://www.opendemocracy.net/en/who-funds-you/

Original article republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

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Continue ReadingRevealed: UK’s most secretive think tanks took £14.3m from mystery donors

What nationalising energy companies would cost – and how to do it

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UK could bring National Grid and retailers in-house and build public renewable energy, says ex-Labour policy chief

Andrew Fisher

17 August 2022, 12.01am

Image of banknotes and a prepayment meter key by Lydia, https://creativecommons.org/licenses/by/2.0/

Republished from OpenDemocracy under Creative Commons Attribution-NonCommercial 4.0 International licence.

When 62% of Conservative voters want energy run in the public sector, it’s fair to say the left has won the argument (75% of Labour voters agree, 68% of Lib Dems).

Yet public ownership is opposed passionately by the Conservative government, while the leader of the opposition has said he is “not in favour” of it – despite his election on a platform that committed to “bring rail, mail, water and energy into public ownership to end the great privatisation rip-off and save you money on your fares and bills”.

Public ownership is on the media’s radar, too. When Labour leader Keir Starmer announced his policy to freeze bills this week, he was asked why he wouldn’t also nationalise energy, replying that: “In a national emergency where people are struggling to pay their bills … the right choice is for every single penny to go to reducing those bills.”

But so long as energy remains privatised, every single penny won’t. Billions of pennies will keep going to shareholders instead.

The energy market was fractured under the mass privatisations of the Thatcher governments in the 1980s. It contains three sectors: producers or suppliers (those that produce energy), retailers (those that sell you energy), and distribution or transmission (the infrastructure that transports energy to your home).

It is important to bear this in mind when we’re talking about taking energy into public ownership. We need to be clear about what we want in public ownership and why.

By 2019, Labour had a detailed plan on how to do this – worked up by the teams around then shadow business and energy secretary Rebecca Long Bailey and then shadow chancellor John McDonnell. The plan is not the only way, but it illustrates what exists and how one could go about re-establishing a public energy ecosystem, run for people not profit.

The recent TUC report shows the cost of nationalising the ‘Big 5’ energy retailers – British Gas, E.ON, EDF, Scottish Power and Ovo – to be £2.8bn, which would go on buying all the companies’ shares. That’s a lot of money, equivalent to more than the annual budget of the Sure Start programme in 2009/10 (its peak year). But it’s a one-off cost, not an annual one.

And it’s not like the current privatised system doesn’t have its costs: since June 2021, the UK government has spent £2.7bn bailing out 28 energy companies that collapsed because they put short-term profits ahead of long-term stability – companies like Bulb Energy. We have spent billions of pounds already to get nothing in return. So £2.8bn is not a large amount of money to pay to gain these assets, rather than just bailing them out.

The big energy retail companies made £23bn in dividends between 2010 and 2020 according to Common Wealth, and £43bn if you include share buy-backs. What you choose to do with that surplus in public ownership is another matter: you could use it to invest in new clean energy or to lower bills or fund staff pay rises, rather than subject your workers to fire-and-rehire practices as British Gas did last year.

Labour’s previous plan also involved taking the distribution networks – the National Grid – into public ownership. This would end the profiteering at this level, too – with £13bn paid out in dividends over the five years prior to 2019. As Long Bailey said at the time, we need “public driven and coordinated action, without which we simply will not be able to tackle climate change”. Like previous nationalisations, the purchase of the grid and distribution networks could be achieved by swapping shares for government bonds. By international accounting standards, the cost is fiscally neutral as the state gains a revenue-generating asset, which more than pays for the bond yield.

The final part of the plan – and the most complicated – is production and supply. It would be impossible to nationalise the oilfields of Saudi Arabia or Qatar – and for good reasons we should want to leave fossil fuels in the ground, anyway, rather than contest their ownership.

And so what Labour proposed in 2019 was a mass investment in new renewable energy generation projects, with the public sector taking a stake and returning profits to the public. For example, under the ‘People’s Power Plan’, we proposed 37 new offshore wind farms with a 51% public stake, delivering 52GW alone by 2030, equivalent to 38 coal power stations. There were additional proposals for onshore wind, solar, and tidal schemes, as part of a 10-year £250bn Green Transformation Fund, which included other schemes like the Warm Homes insulation initiative.

Labour’s new shadow chancellor Rachel Reeves has promised a similar level of investment – a £28bn a year climate investment pledge.

Any surplus energy would then be sold on international markets, with a People’s Power Fund – a sort of sovereign wealth fund – to deliver public investment in local communities’ social infrastructure: a genuine levelling-up fund, perhaps.

Many people will say this can’t be done, but of course it has been before. The 1945 Attlee government nationalised energy and successive Conservative governments – including those of Churchill, MacMillan and Heath – were happy to have a nationalised asset. Harold MacMillan famously accused Margaret Thatcher of “selling off the family silver” when she privatised state industries.

When I was born in 1979, the National Coal Board, British Gas and British Petroleum were all publicly-owned or majority publicly-owned companies. Between them, they were the major suppliers of our energy. Our gas bills came from British Gas and our electricity bills from our regional electricity board (in my case Seeboard, the South Eastern Electricity Board), and coal and oil fuelled our power stations.

The regional electricity boards had been brought into being by the Attlee government’s Electricity Act 1947, when electricity companies were forcibly merged into regional area boards and nationalised. The Coal Industry Nationalisation Act 1946 and the Gas Act 1948 had together brought energy into public ownership.

Seeboard was privatised in 1990, and later became part of EDF Energy – ironically, the nationalised French energy company, whose profits from the UK’s stupidity are used to subsidise French consumers.

The French government has now fully nationalised EDF (previously it was 84% publicly owned), and household energy bills rose by just 4% this year – compared to over 50% in the UK and a forecast 200% by January 2023.

If Starmer doesn’t want to listen to me (or his own commitments from 2020), perhaps emulating the centrist Emmanuel Macron in this instance would be palatable?

From the depletion of fish stocks to the burning of the Amazon, profit has proved a failed regulator for use of our natural resources

In his later years, Robin Cook argued: “The market is incapable of respecting a common resource such as the environment, which provides no price signal to express the cost of its erosion nor to warn of the long-term dangers of its destruction.”

From the depletion of fish stocks to the burning of the Amazon, profit has proved a failed regulator for use of our natural resources. The market has also failed to decarbonise at pace, or to end the scourge of fuel poverty.

On the media this week, shadow energy secretary Ed Miliband said Labour is “continuing to look at what the right long-term solution is for our energy system”. It is up to all of us to campaign for that solution to be public ownership – whether that’s from within the Labour Party (like me) or from the outside.

Republished from OpenDemocracy under Creative Commons Attribution-NonCommercial 4.0 International licence.

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Continue ReadingWhat nationalising energy companies would cost – and how to do it