Thoughts from the criminology team

Home » Prorogation

Category Archives: Prorogation

“Back to the future”: 2019 A Year of Violence?

When I was young, 2020 seemed like the stuff of science fiction. Programmes like Tomorrow’s World held the promise of a future full of leisure, with technology taking the strain in all aspects of human life. Now we’re in 2020 it appears we have plenty of technology, but whether it adds or subtracts from the lived human experience, is still very much up for discussion. Certainly, it is increasingly difficult to separate work from leisure with the liquidity technology brings.

As is traditional for this time of year, the mind turns to reflection on the year gone by. This year is no different, after all it, like many others, has been packed with both good and bad experiences. Personally, 2019 was challenging in a number of different arenas, my patience, temerity and resilience have been tested in many novel ways. Events have caused me to reflect upon my own values and philosophies and my moral and ethical compass has been and continues to be tested. I don’t intend to go into lots of detail here, but it feels to me as if violence is increasingly impinging on all aspects of life. The first few days of 2020 suggests this perception is likely to continue with Trump’s decision to assassinate ‘Iran’s top general and second most powerful official, Qassem Suleimani’.

In December, 2019 we saw yet another general election. Whatever your particular persuasion, it is difficult to view British politics as anything other than increasingly personalised and aggressive. Individuals such as David Lammy MP, Diane Abbott MP, Caroline Dinenage MP, as well as campaigners such as Gina Miller and Greta Thunberg are regularly attacked on twitter and through over media. However,  it is not all one sided, as Drillminster showed us in 2018 with his artistic triumph Political Drillin. It is clear that these verbal attacks are beginning to become part and parcel of political life. Such behaviour is dangerous, on many levels, political discourse is a necessity in a mature democracy and shutting up discordant voices cannot lead to unity in the UK.

In November, we were shocked and horrified by the terrorist attack at Fishmonger’s Hall. This attack on colleagues involved in prison education, raised questions around individual and collective decisions to engage with criminology with convicted criminals. Nevertheless, despite such horrific violence, the principles and practice of prison higher education remain undaunted and potentially, strengthened.

October, saw the publication of Grenfell Phase 1. This document identifies some of the issues central to the horrific fire at Grenfell Tower in 2017. Whether this and later publications can ever really make sense of such complexity, offer the victims and survivors comfort and go some way to ensuring justice for all those involved, remains to be seen. Those who have studied CRI3003 Violence with me are likely to be cynical but it is early days.

For much of September, the focus was on the prorogation of parliament and the subsequent court case. As with December, there were many complaints about the violence of language used both inside and outside parliament. Particularly, notable was the attack on MP Jess Phillips’ constituency office and arguments around the inflammatory language used by PM Boris Johnson.

In August, the media published video footage of Prince Andrew with his friend, the convicted sex offender Jeffrey Epstein. This story rumbles to the end of the year, with more allegations made toward the prince, culminating in an infamous interview which threatens to continue unabated.

July saw the end of a trial into modern slavery, leading to prison sentences for 8 of those involved. The judge concluded that slavery was still thriving in the UK, often ‘hiding in plain sight’. What support is available to those subjected to this violence, is not clear, but prison sentences are unlikely to make any material benefit to their lives.

In June, shocking footage emerged of MP Mark Field forcibly removing a female protester. Strikingly his colleague, MP Johnny Mercer tweeted  ‘if you think this is “serious violence” you may need to recalibrate your sensitivities’. After some years teaching around violence, I have no idea what Mr Mercer feels qualifies as violence, but putting your hands on another’s throat would seem to a reasonable starting point.

May saw attention drawn to the media, with the racism of Danny Baker and inherent cruelty of the Jeremy Kyle Show. Arguments which followed suggest that, for many, neither were not seen as problematic and could be dismissed as so-called “entertainment”.

April saw the collapse of the first trial of David Duckenfield, police commander at the 1989 Hillsborough disaster. Although put on trial again, later in the year, he was found not guilty on the 28 November, 2019. The chair of the Hillsborough Family Support Group, Margaret Aspinall perhaps spoke for everyone involved when she asked ‘When 96 people – they say 95, we say 96 – are unlawfully killed and yet not one person is accountable. The question I’d like to ask all of you and people within the system is: who put 96 people in their graves? Who is accountable?’ After 30 years, it seems justice is still a long way away for the victims, survivors and their families.

After years of growth in life expectancy, in March the Institute and Faculty of Actuaries published data suggested that this was no longer the case in the UK. Although they offered no conclusions as to why this was the case, evidence indicating that the ideology of austerity costs lives, cannot be discounted.

In February, the Office for National Statistics announced homicidal knife crime was at the highest level for over 70 years.  Despite harsher sentences for those carrying knifes, evidence from the College of Policing indicates that such penalties exacerbate rather than improve the situation.

The new year began with squabbling about Brexit and the expected impact on Northern Ireland. On the 20 January 2019 a bomb detonates in Londonderry, fortunately with no injuries. For those of us old enough to remember “The Troubles”, footage of the incident brings back many horrific memories. Nevertheless, discussions around Northern Ireland and Brexit continue throughout 2019 and into 2020, with little regard for the violence which has ensued in the past.

Many events have happened in 2019, as with every other year and what stays in the mind is an individual matter. I feel that my world has become more violent, or maybe I have just become more attuned to the violence around me. I make no apology for my adherence to pacifist ideology, but this perspective has been and no doubt, will continue to be challenged. I must consider whether there comes a time when ideology, values, philosophy, temerity and resilience, are little more than good old-fashioned stubbornness. Until that point of no return comes, I will stand my ground and for every violent action that occurs, I will try my best to work toward a better world, once in which equality, peace and social justice reign supreme.

Constitutional Crisis? What Crisis

Dr Stephen O’Brien is the Dean for the Faculty of Health, Education and Society at the University of Northampton

Over the past few weeks our political lexicon has been further developed. We have all learned a new word. The word in question is prorogation. Hands up who had heard of this term before recent events in parliament? I see very few hands up. What we all now know is that this is the term that defines the discontinuation of a session of a parliament or other legislative assembly without dissolving it. It means parliament’s sitting is suspended and it ends all current legislation under discussion. It is usual for this to happen every autumn. The current prorogation is for five weeks and includes a three-week period that would typically be recess anyway, during which the Liberal Democrat, Labour and Conservative party conferences are held, but is nevertheless longer than usual. However, there are several highly irregular factors at play here. For prorogation to last more than a month is unprecedented in recent times. For example, since the 1980s prorogation has typically lasted less than a week. So, what is going on and why is this prorogation proving to be so contentious?

The heart of the matter is the issue that has dominated UK politics for the past three years, namely Brexit. Despite a vote to leave the European Union (EU) back in June 2016 we currently remain part of the EU with the deal negotiated under the previous prime minister Theresa May culminating in a withdrawal agreement that was soundly rejected by parliament on several occasions. This has set up tensions between the people and parliament. How do we enact the will of the people and honour the referendum result within a parliamentary democracy where there is no majority for any Leave deal on the table?

The new prime minister Boris Johnson and his cabinet are resolved to break the political impasse by leaving come what may “do or die” by October 31st, 2019. So, with the country rapidly approaching the deadline for leaving the EU, Parliament has been working to pass a law that would prevent the UK crashing out without a deal, regardless of the fact that Boris Johnson has promised to leave on that date. With no deal currently agreed and no law allowing a no deal exit the Government would be obliged to ask the EU for another extension. There are suggestions from some quarters that the Government might ignore any law requiring them to agree an extension with the EU. Given this situation some politicians have been dismayed that parliament will not be sitting while the situation remains unresolved. Hence the view that this prorogation is stifling parliamentary debate on the most crucial political issue in a generation.

The act of prorogation took place in the early hours of Tuesday September 10th with a ceremony involving a message from the Queen being read in the House of Lords and then Black Rod summoning MPs from the Commons. A list of all the bills passed by the parliament was read, followed by a speech on behalf of the Queen announcing what has been achieved by the government before MPs were sent home. Johnson intends for parliament to return on 14 October with a Queen’s speech, which he says will “bring forward an ambitious new legislative programme for MPs’ approval”. He will then almost immediately have to head to Europe for the vital EU council, which is the last chance for him to obtain a new Brexit deal or to ask for an extension of article 50.

The situation has been deemed a constitutional crisis by some and the fact that parliament is not sitting at this critical time is being seen by some as undemocratic, indeed unlawful. Indeed, the act of prorogation has been subject to judicial review for the past couple of weeks. Scottish appeal court judges declared Boris Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline unlawful. The three judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the power to interfere in the prime minister’s political decision to prorogue parliament. The key issue in question being whether the act was in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.

Regardless of the legal arguments which ended up being played out in three dramatic days this week in the Supreme Court the Brexit process and endgame has pointed up a range of tensions at the intersections of our constitution. The old political landscape is being swept away and being replaced by a much more complex set of political indicators. Left versus Right which had been making a comeback after years of centrist neo-liberalism has been replaced by Leave versus Remain which pervades across the old battle lines. Furthermore, other tensions are apparent as set out below.

  • People versus Parliament (How to deliver the referendum result in a parliamentary democracy)
  • Executive (Government) versus Parliament (especially when the executive has no overall voting majority)
  • The Executive versus the Judiciary
  • The position of the Judiciary as related to Constitution
  • Politics versus The Law
  • The roles and power relationships of the Executive, Parliament and the Judiciary as related to The Constitution.

What the overall Brexit process has created is a new socio-political landscape in the UK, with distinct differences in each of the four countries. It also illustrates how complex the nature of our constitution is given there is no written version and we depend on precedent and convention. The intersections are thrown into sharp relief by the current “crisis”.

Whilst all of this may be concerning as the old order shifts the really concerning question is whether the Executive will abide by the law. Given the outcomes of Parliament in terms of blocking “no deal” regardless of the Supreme Court Judgement on the legality of the prorogation. So, will we leave EU on October 31st? Utilising classic political phraseology, I’d say there is still all to play for, it’s too close to call and all bets are off.

Dr Stephen O’Brien

%d bloggers like this: