EDL Bradford march banned

The Home Secretary has banned the English Defence League from marching through Bradford.

The Home Office has said:

“Having carefully balanced rights to protest against the need to ensure local communities and property are protected, the Home Secretary today gave her consent to a Bradford Council order banning any marches in the city over the bank holiday weekend.

“West Yorkshire Police are committed to using their powers to ensure communities and property are protected and we encourage all local people to work with the police to ensure community cohesion is not undermined by public disorder.”

The letter from the Home Office confirming the ban is interesting, saying:

The application from the Chief Constable of West Yorkshire Police is clear that the activities of some who attend English Defence League protests — and indeed counter protests — has little to do with freedom of expression. So while the Government has set out its commitment to restore rights to non-violent protest, we are equally clear that such rights do not extend to intimidation, harassment, and criminality, and that rights to protest need to be balanced against the wider rights of local communities.

It’s nice that the notion of free expression is even acknowledged here.

But we must wonder: can we be free in a society that places public order above all other concerns?

Again, (see previous post)I’ll ask why offensive, potentially confrontational marches are allowed take place throughout Northern Ireland, but not in England?

Does the EDL have a right to march?

The Guardian reports that West Yorkshire police chief Sir Norman Bettison is to ask Home Secretary Theresa May to ban the English Defence League from marching through Bradford later this month, after 10,000 people in the town signed a petition against the march.

The key word here is “march”. The police are clear that they have no powers to stop the “anti-Muslim” EDL from holding a “static demonstration” — i.e. the boring standing around bit, which one doubts appeals to the average EDL supporter.

One could, open and shut, say that this is the end of the argument, free-expression wise: the EDL aren’t being stopped from speaking, they’re just being stopped from moving and speaking.

Of course, that’s disingenuous on two counts. Firstly, the EDL march would be aimed at the city’s Asian neighbourhoods — part provocation, part harassment of the Muslims of the city.

Secondly, can we truly say that the right to free expression is adequately protected if police and politicians control where and when we can exercise it in the public sphere?

Provocative marches are, of course, nothing new to these islands. The most frequently cited example is Oswald Mosley’s Blackshirts’ attempt to march through the then-predominantly Jewish East End — the “Battle of Cable Street“. That ended in rioting, and is widely remembered as a defeat for the British Union of Fascists.

When I last cited this incident myself, I asked if the locals had actually been wrong to block the march.

The Times’s Oliver Kamm responded, suggesting that yes, they probably had been:

Yes, those who tried to stop the British Union of Fascists from marching in the East End in October 1936 were wrong. The BUF had a democratic right to march in peacetime, and the attempt to stop them did them a power of good. Mosley was looking for a way to call it off anyway, so that he could get to Berlin and secretly marry Diana Mitford Guinness in Goebbels’s drawing room (which he managed to do two days later). Support for Mosley in the East End increased after the Battle of Cable Street, as did antisemitic violence. Thugs attacked Jews and their properties, in the so-called Pogrom of Mile End, a week later.

This is an interesting answer, but it perhaps implies that the people who attempted to block the BUF’s march were more tactically incorrect than morally wrong.

More recently, last weekend saw the annual Apprentice Boys’ Parade in Derry pass without incident. Northern Ireland’s parade season has proved a flashpoint for many years now, most infamously at Drumcree yet no one has ever seriously suggested banning marches. There is, of course, arbitration and negotiation on routes, insignia and the like. Could the Parades Commission model be applied to groups such as Islam4UK and the English Defence League?