Right to protest & free expression
Help Me Put Gordon In Jail
If MPs pass ridiculous laws to limit our freedom, they should be forced to abide by them too.
by Mark Thomas
Thursday December 13, 2007
The Guardian
Rarely do first lines have the potential to cost thousands of pounds (outside of libel), and rarely do I get to write words quite like those that follow; so forgive me an over-dramatic opening sentence, but yesterday lawyers acting for me started an attempt to get Gordon Brown into the dock. With lawyers and police working on the ongoing Donorgate inquiries, Downing Street can be quite crowded if you are trying to bring a legal action. Nonetheless, my lawyers delivered a letter to the director of public prosecutions yesterday afternoon calling for an urgent investigation into allegations that the prime minister broke the law by demonstrating unlawfully in Parliament Square last summer. If found guilty he could face 50 weeks in prison - though, after serving 10 years at No 11, he should do his bird with ease.
This is partly Mr Brown's own fault. It began when MPs rushed the Serious Organised Crime and Police Act 2005 through, forcing anyone wishing to demonstrate within an area around parliament to get police approval. This is the law that Maya Evans was arrested and convicted under, for reading out the names of the British and Iraqi war dead.
In the past 18 months I have legally demonstrated in every corner of the area this law covers, from Hungerford Bridge (demanding more trolls) to the Mall (demanding human rights in Saudi Arabia). The definition of what constitutes a protest is such that I had to apply for permission to wear a red nose in Parliament Square on Red Nose Day. Not to do so would have risked arrest. Last month I had to get police approval to hold a banner saying, "Support the Poppy Appeal".
If the wearing of a brightly coloured proboscis constitutes a protest, then the unveiling of Nelson Mandela's statue must do so too. After all, it celebrated the collapse of apartheid (a political cause), honoured a man who organised the armed struggle in South Africa (definitely political and quite possibly glorifying terrorism), and pledged to fight poverty. So, being civic-minded, I wrote to the police asking if I needed permission for a gathering at the statue. My event had speeches - in fact, they were extracts from the original speeches made on the day by Mr Brown and Mr Mandela. Yes, the police informed me, I did need permission to demonstrate - which I duly applied for and received. Unfortunately for the prime minister, it seems no one bothered to get police approval at the event he spoke at.
Mr Brown, however, is just the tip of the iceberg. One person can constitute a demonstration, but what exactly is a demonstration? In law, there is little to go by, but for various dictionary definitions, such as "an expression of opinion". It is my duty as a law-abiding citizen, therefore, to add to the legal letter served the names of MPs seen holding forth on political issues on College Green, urging the DPP to investigate them for breaking the law and demonstrating without permission. It does not matter that they are being interviewed for news programmes - the law allows no exceptions or exemptions. In fact, the news organisations could be guilty of organising unlawful demonstrations by asking MPs to speak, so I have reported them as well.
All of this may seem ridiculous, but, hey, they started it, and making a crap law does not exempt you from its provisions. So I am calling on all fair-minded citizens to report any MPs seen giving interviews on College Green or in Parliament Square. You can do so by photographing the offending MP and posting it to ShopanMP.com.
* Mark Thomas is a comedian and political activist; to support the action, you can buy an "I put Gordon Brown in the dock" badge for £2 at Markthomasinfo.com
* Any money not used in the legal challenge will be donated to Index on Censorship
How to Catch an MP
First... Buy a badge if you can:
http://www.markthomasinfo.com/badges.asp
Second, get snapping...
This is your chance to make MPs live with the consequences of laws they pass. All you have to do is snap a photo of an MP when they are doing TV or radio interviews on College Green opposite Parliament and send it in to gotcha@shopanmp.com. We will then try and get them investigated by the Director of Public Prosecutions. Here is why and how....
In August 2005 it became illegal to demonstrate in and around Parliament Square without prior police permission under the Serious Organised Crime and Police Act (SOCPA). So far Maya Evans has been prosecuted and found guilty of an offence under this law for reading out the names of the British an Iraqi war dead by the Cenotaph in Whitehall. People have been threatened with arrest for wearing T shirts with political slogans on them and for having cakes with the word PEACE iced upon it on display in Parliament Square. Mark Thomas had to get permission to wear a red nose on Red Nose Day or run the risk of arrest. He even had to get permission to stand by himself with a banner saying "Support the Poppy Appeal'. The law is stupid.
According to SOCPA one person can constitute a demonstration, other than that there is little definition in law as to what a demonstration is. But if a person breaks the law by reading the names of the war dead and the Oxford English Dictionary lists a definition of a demonstration as : an expression of opinion, then surely each time an MP gives a TV or radio interview about politics or politicians on College Green tthen they are demonstrating- and if they are demonstrating without permission that is illegal.
Mark Thomas with lawyers Leigh Day and Co (advised by Tim Owen QC of Matrix Chambers and Tom de la Mare of Blackstones Chambers) delivered a letter to the Director of Public Prosecutions Wednesday 12 December 07 calling for an urgent investigation into allegations that MPs had broken the law- including the Prime Minister Gordon Brown. Any new evidence of MPs giving interviews on College Green will be forwarded to the Director of Public Prosecutions.
Here is how you can help. If you live, work or are visiting London and walk past College Green (opposite the House of Lords entrance) and you see an MP giving an interview then:
1. Photo them with your phone (make sure we can identify them).
2. Send it in to us with details of time and date.
3. If you hear any of the interview then send us the details.
We will follow up the interview and shop them to the D.P.P.