So far 18 barristers have declared they will act contrary to the barristers' Code of Conduct by refusing to take cases for clients they don't like, or refusing to prosecute clients they do.
Thank you for writing so about this so clearly and concisely. It seems deeply concerning. If cab rank rule and the concept that everyone is entitled to legal representation goes out the window, then then surely this will diminish public trust in the justice system.
If Joe Public doesn't think Mx. Blue Hair-Porpington III (BA, MA, PhD in Yoghurt Weaving) will ever face any legal retribution for their activism related crimes, it becomes much more tempting to run them over while they're glued to the M25 and blocking your route to the hospital. And it's already pretty tempting.
Though you frame this discussion in the context of it being one of personal morality over professional duty, I unfortunately frame it in the context of the declaration being one to support the whiteist movement that our current climate change protesters are members of. Extinction Rebellion and its ancillary organisation Just Stop Oil are white supremacist organisations writ large. Through the lens of both organisations, non-whites simply don't get a say in the fight against climate change and have no part in it, certainly not in the UK.
'But why is the movement so white? Why is that a problem? And what can be done to change it?
XR’s lack of diversity is not unique to the wider environmental movement – a “white middle-class ghetto”, in the words of one NGO chief, with research in 2017 finding the “environment profession” – including workers at green NGOs – was the second least diverse of all sectors in the UK, after farming.
So when a small group of activists got together in a Stroud living room last year to found a radical environmental movement, it was no surprise that they were white, or that they have gone on to create a movement in their own image.
With many of its key activists from rural or semi-rural areas, Extinction Rebellion rolls into town like the left wing of the Countryside Alliance. The protest culture of its core supporters is rooted in a new age hippy aesthetic of paisley robes, circus skills, camping, roll-ups and psytrance music.
“Outside of environmental think tanks and environmental organisations, grassroots organising is often very isolating for people of colour, particularly in the kinds of cultures or activities that are decided on,” Bola said.'
'The short, frank answer is that the tactics of Extinction Rebellion are designed by and for middle-class, white Britain. Their central rhetoric about a dystopian future fails to cut through for those of us already faced with a nightmarish present, surrounded by poverty and austerity.'
'Earlier this month, the grassroots collective Wretched of the Earth (comprised of members of Black Lives Matter UK, various anticapitalist groups and others) wrote an open letter effectively calling on Extinction Rebellion to check its privilege, and to better understand the centuries-old colonial projects that have caused the climate crisis. "For centuries, racism, sexism and classism have been necessary for this system to be upheld, and have shaped the conditions we find ourselves in," the letter said. "In order to envision a future in which we will all be liberated from the root causes of the climate crisis – capitalism, extractivism, racism, sexism, classism, ableism and other systems of oppression – the climate movement must reflect the complex realities of everyone’s lives in their narrative."'
So it is in the context of supporting whiteist, racist, sexist and classist protest movements that the declaration should be read and interpreted. Whilst the transgender cause has itself been recognised as the last redoubt for white middle-class males to practise their white supremacism in full view, the white-dominant middle-class protestors of Extinction Rebellion, Just Stop Oil and The Green Party of England and Wales and The Green Party of Scotland are vying with each other for a solid second place.
This is very worrying! I hadn't considered the adverse impact on lawyers who do not join in, probably because IANAL, and that makes it worse again. Not only because there will be peer pressure and fear of reputational damage driving more to join in with even more damage to access to justice.
The cab rank rule gives moral cover to those who profit from representing morally repugnant oligarchs, whilst those without means will always struggle to obtain access to justice.
I’m reminded of John Cook, the barrister who took the brief to prosecute Charles I for war crimes. All the other barristers fled London so that they could avoid their obligations to take the brief. John Cook was the only principled barrister left in London at the time. He took the brief, Charles lost his head after being convicted, and John Cook was hung, drawn and quartered for his part in this during the Restoration of the monarchy.
Sarah, let me be a devil’s advocate, - and of course I have to accept the devil’s brief under the cab rank rule :)
You practice in child protection. Would you take a brief to remove a trans-identifying child from a gender critical parent on the grounds that their views make them unsuitable to have custody?
Outside of your area of practice but easy to imagine if it were within it, would you take a brief to prosecute somebody for essentially expressing gender critical views? - there have been various ones recently…
Or the brief like the one against Maya Forstater?
I don’t expect you to answer publicly, but I do think there are legitimate freedom of conscience issues engaged here.
The cab rank rule only works if you accept that we Iive in a fundamentally just world, with an uncorrupted government and rule of law.
If, however, we live under a corrupted rule of law, then the cab rank rule makes barristers the potential servants of corruption.
Thank-you for writing this, Sarah. Will now find your tweet of it & retweet!
Thank you for writing so about this so clearly and concisely. It seems deeply concerning. If cab rank rule and the concept that everyone is entitled to legal representation goes out the window, then then surely this will diminish public trust in the justice system.
If Joe Public doesn't think Mx. Blue Hair-Porpington III (BA, MA, PhD in Yoghurt Weaving) will ever face any legal retribution for their activism related crimes, it becomes much more tempting to run them over while they're glued to the M25 and blocking your route to the hospital. And it's already pretty tempting.
You are pulling your punches Sarah, but I won't.
Though you frame this discussion in the context of it being one of personal morality over professional duty, I unfortunately frame it in the context of the declaration being one to support the whiteist movement that our current climate change protesters are members of. Extinction Rebellion and its ancillary organisation Just Stop Oil are white supremacist organisations writ large. Through the lens of both organisations, non-whites simply don't get a say in the fight against climate change and have no part in it, certainly not in the UK.
What evidence do I have for that? Fortunately some of the ground work was done years ago, by Damien Gayle of The Guardian, in his October 4th 2019 published article 'Does Extinction Rebellion have a race problem?' (https://www.theguardian.com/environment/2019/oct/04/extinction-rebellion-race-climate-crisis-inequality) which I've taken the liberty to reprint some paragraphs from below;
'But why is the movement so white? Why is that a problem? And what can be done to change it?
XR’s lack of diversity is not unique to the wider environmental movement – a “white middle-class ghetto”, in the words of one NGO chief, with research in 2017 finding the “environment profession” – including workers at green NGOs – was the second least diverse of all sectors in the UK, after farming.
So when a small group of activists got together in a Stroud living room last year to found a radical environmental movement, it was no surprise that they were white, or that they have gone on to create a movement in their own image.
With many of its key activists from rural or semi-rural areas, Extinction Rebellion rolls into town like the left wing of the Countryside Alliance. The protest culture of its core supporters is rooted in a new age hippy aesthetic of paisley robes, circus skills, camping, roll-ups and psytrance music.
“Outside of environmental think tanks and environmental organisations, grassroots organising is often very isolating for people of colour, particularly in the kinds of cultures or activities that are decided on,” Bola said.'
Of course it wasn't just Damien Gayle who noticed. Later that same October Athian Atec had 'When I look at Extinction Rebellion, all I see is white faces. That has to change' (https://www.theguardian.com/commentisfree/2019/oct/19/extinction-rebellion-white-faces-diversity) published in The Guardian;
'The short, frank answer is that the tactics of Extinction Rebellion are designed by and for middle-class, white Britain. Their central rhetoric about a dystopian future fails to cut through for those of us already faced with a nightmarish present, surrounded by poverty and austerity.'
Tatler dived-in in July 2020 with 'Study finds Extinction Rebellion protestors were mostly middle-class southerners' (https://www.tatler.com/article/extinction-rebellion-protestors-mostly-middle-class-southerners-privileged-climate-activist-movement) and before The Guardian, or Tatler, or indeed any other publications had noticed, Refinery29 had published Natali Gil's 'The Big White Middle-Class Problem With Environmental Activism' (https://www.refinery29.com/en-gb/2019/05/232257/extinction-rebellion-middle-class)
'Earlier this month, the grassroots collective Wretched of the Earth (comprised of members of Black Lives Matter UK, various anticapitalist groups and others) wrote an open letter effectively calling on Extinction Rebellion to check its privilege, and to better understand the centuries-old colonial projects that have caused the climate crisis. "For centuries, racism, sexism and classism have been necessary for this system to be upheld, and have shaped the conditions we find ourselves in," the letter said. "In order to envision a future in which we will all be liberated from the root causes of the climate crisis – capitalism, extractivism, racism, sexism, classism, ableism and other systems of oppression – the climate movement must reflect the complex realities of everyone’s lives in their narrative."'
So it is in the context of supporting whiteist, racist, sexist and classist protest movements that the declaration should be read and interpreted. Whilst the transgender cause has itself been recognised as the last redoubt for white middle-class males to practise their white supremacism in full view, the white-dominant middle-class protestors of Extinction Rebellion, Just Stop Oil and The Green Party of England and Wales and The Green Party of Scotland are vying with each other for a solid second place.
This is very worrying! I hadn't considered the adverse impact on lawyers who do not join in, probably because IANAL, and that makes it worse again. Not only because there will be peer pressure and fear of reputational damage driving more to join in with even more damage to access to justice.
The cab rank rule gives moral cover to those who profit from representing morally repugnant oligarchs, whilst those without means will always struggle to obtain access to justice.
I’m reminded of John Cook, the barrister who took the brief to prosecute Charles I for war crimes. All the other barristers fled London so that they could avoid their obligations to take the brief. John Cook was the only principled barrister left in London at the time. He took the brief, Charles lost his head after being convicted, and John Cook was hung, drawn and quartered for his part in this during the Restoration of the monarchy.
Sarah, let me be a devil’s advocate, - and of course I have to accept the devil’s brief under the cab rank rule :)
You practice in child protection. Would you take a brief to remove a trans-identifying child from a gender critical parent on the grounds that their views make them unsuitable to have custody?
Outside of your area of practice but easy to imagine if it were within it, would you take a brief to prosecute somebody for essentially expressing gender critical views? - there have been various ones recently…
Or the brief like the one against Maya Forstater?
I don’t expect you to answer publicly, but I do think there are legitimate freedom of conscience issues engaged here.
The cab rank rule only works if you accept that we Iive in a fundamentally just world, with an uncorrupted government and rule of law.
If, however, we live under a corrupted rule of law, then the cab rank rule makes barristers the potential servants of corruption.
Brilliant Sarah, thank you. And for wearing that t shirt on GB news! ❤️