
Priti Patel, Extinction Rebellion & the Rule of Law. Protest & Survive
A fortnight of protest is underway in central London organised by Extinction Rebellion. Hopefully it will draw further attention to the need to actually do something about the climate emergency.
It also underlines that the Home Secretary has not found it as easy as she would like to frustrate such, for the most part, entirely legal and well supported protests.
No one could ever accuse Priti Patel of being a liberal or for that matter of being competent.
Her 2020 outburst (extract from Guardian report below) branded Extinction Rebellion as ‘criminals’. That is her way of describing people exercising a democratic right to protest. As the senior police officers she was addressing noted there is no need for new laws to address ER protests (there are numbers already- properly used or not, that is for the Courts not Ms Patel) and neither do they constitute criminal activity because while they may annoy authority they are not violent.
She said XR was “attempting to thwart the media’s right to publish without fear nor favour”, and claimed their campaign of civil disobedience was “a shameful attack on our way of life, our economy and the livelihoods of the hard working majority”.
“I refuse point blank to allow that kind of anarchy on our streets,” the home secretary told the virtual conference.
“The very criminals who disrupt our free society must be stopped. And together we must all stand firm against the guerilla tactics of Extinction Rebellion.”
The Government’s ‘extremism’ advisor the ever unreliable John Woodcock has reportedly determined that XR or at least not all of it is in fact ‘extremism’. Rather XR are protesting about an extremely serious issue: climate change.
There are two issues here, the law and the protest
It is important to defend the right to protest. Its not just an abstract right though. The Social Democratic Federation in the late nineteenth century held marches which were about their right to march. The protest needs to be the key, the reason for defending the right to do so. Here the need to get a focus and action on climate change grows ever more urgent. XR are an important part of that.
The historian E P Thompson took a view of the Rule of Law in his book Whigs and Hunters and a minority one for a Marxist as he recognised.
His view was that while law was an instrument of class power, as Priti Patel undoubtedly sees it, it was also something that was contested with conclusions in specific matters not a foregone conclusion. In that space rights to protest and liberties exist. Ms Patel doesn’t like that and may try to change the balance of it, but the weight of history is against her.
Thompson wrote in a brief conclusion to Whigs and Hunters, a book about late eighteenth and early nineteenth century battles over the rights to land and land use:
We reach then, not a simple conclusion (law=class power) but a complex and contradictory one. On the one hand.. the law did mediate existent class relations to the advantage of the rulers; not only is this so, but as the century advanced the law became a superb instrument by which these rulers were able to impose new definitions of property to their even greater advantage.. On the other hand the law mediated these class relations through legal forms, which imposed again and again, inhibitions upon the actions of these rulers
Historical work in progress










