Bhopal State-Corporate Crime continues to unfold, (1984 – Present), 35 years and counting

On the 35th anniversary of the Bhopal ‘disaster, focus is upon those who have avoided justice. In the pursuit of profit; corporations disregarded health and safety with impunity and appear untouchable…

Sharon Hartles photoSharon Hartles has recently completed her MA in Crime and Justice with the Open University. She has an interest in crimes of the powerful, including state and state-corporate crime. In an explicit attempt to move beyond criminology, she draws upon a zemiological approach to evidence the social, political and economic context in which harm (including crime) is produced and interwoven into society via socio-economic inequalities.

 

On the 3rd December 1984, part of the Union Carbide Corporation (hereafter UCC) chemical plant in Bhopal, a city of Madhya Pradesh, India, exploded. Within three days of the gas leak up to 10,000 people (men, women and children) died and hundreds of thousands more were poisoned. The UCC plant in Bhopal was built and run by Union Carbide India Ltd (hereafter UCIL) an Indian public company in which Union Carbide, an American company, had a majority shareholding. An Operations safety survey was conducted by UCC technicians for the UCIL in May 1982 (thirty-one months prior to the gas leak), which noted various lapses in safety regulations. Three months before the gas leak, (September 1984) an operational safety/health survey raised concerns about a possible runaway reaction; pointing out that water from an identified leak would hasten this reaction resulting in catastrophic failure.

This state-corporate crime (the spillage of large quantities of methyl isocyanate (MIC), a very toxic substance, into the atmosphere from the pesticide plant) was preventable, insofar as it was a consequence of foreseeable and alterable social conditions. UCC ‘was aware of the possibility of a potential runaway reaction that triggered the MIC leak in Bhopal‘ and ‘was aware right from 1982 that the Bhopal plant suffered from serious safety problems‘. In addition, recommended follow-up action was overlooked. Therefore these capitalist harms were not inevitable, but were determined by the (in)actions of powerful states and corporations or crimes of the powerful. This evidences how the Bhopal ‘disaster’ was not an accident, because an accident by definition is an unfortunate incident that happens unexpectedly and unintentionally. Instead, “it was caused by law-breaking, and involved the complicity of a multinational company and Governments”.

Contemporary criminal justice systems (the Indian Penal Code, the official criminal code of India) recognised parts of this ‘disaster’ (Union Carbide’s gassing of Bhopal) as ‘criminal offences’ under the law of culpable homicide (not murder and not negligent manslaughter). However, in June 2010, seven executives of UCIL were found guilty of criminal negligence (not culpable homicide). What is interesting, but not surprising, is that all seven of those (junior officers and senior officials of UCIL) successfully convicted individuals were Indian. This makes visible the stark inequalities in the application of justice administered by the criminal justice systems. Different social groups, for example the relatively poorer, Indian people prosecuted experienced the Indian criminal justice system differently to the American businessman Warren Anderson. Warren Anderson the Chairman and CEO of the UCC at the time of the Bhopal disaster in 1984, on arriving in Bhopal was arrested and formally charged with culpable homicide, punishable by 10 years to life imprisonment and a fine. Although this is a strictly non-bailable offence, meaning the granting of bail would be unlawful, Warren Anderson posted bail, left the country and absconded from justice (he died in September 2014 and never faced trial).

Lawyers representing UCC and Warren Anderson, argued that neither American nor Indian laws applied due to the globalised nature of the state-corporate nexus.  UCIL reported to Union Carbide Eastern Inc (UCE), a wholly owned subsidiary of UCC incorporated in the USA (however, this operated in Hong Kong). Moreover, the intricate globalized network continued because the Bhopal plant reported through another wholly owned USA subsidiary of UCIL, the Union Carbide Agricultural Products Company.

As a consequence of these global economic processes, representatives were able to take advantage of the globalised space in-between the laws, rendering the crimes of the powerful (state and corporations) beyond the reach of the law. In effect, they used the  letter of the law to defeat it’s spirit. With this in mind, it is clear to see how contemporary crime and justice systems focus their wrath on the ‘players’ with less power, (junior officers and senior officials of UCIL) as tokenistic involuntary lambs sacrificed for the slaughter. Whilst those ‘players’ with elite power (Warren Anderson and UCC) elude punishment and exist to commit further state-corporate transgressions.

Multinational corporations are well versed in ‘creative compliance’: using professional advisers with knowledge of the law to take advantage of legal loopholes and UCC is no exception. In 1994, UCC conveniently sold its stake in UCIL and so no longer has assets in India. Practices such as this promote the evasion of accountability and allows UCC to hide-in-plain-sight, but always just out of the reach of justice. In this regard UCC has concealed its actions to be perfectly legal or at least not expressly illegal’.

Seven years later (2001), UCC merged with Dow Chemical Company, and as such it is completely owned by Dow which means Dow (as the parent company) holds all of UCC’s ‘common stock’. In 2002, Greenpeace stated that under US legislation, as ‘parent’ company of UCC, Dow should incur liability to clean up Bhopal. In a series of statements addressing the disaster, Dow (which in September 2017 merged with DuPont) noted its purchase of UCC excluded clean up liabilities from Bhopal.  ‘The chemical industry learned and grew as a result of Bhopal – creating the Responsible Care program with its strengthened focus on process safety standards, emergency preparedness, and community awareness.’ A critical response might question why a morally Responsible Care programme has not been implemented for Bhopal?

Dow celebrated its success of developing ‘ECOFAST’ technology (November 2018) which it claims will reduce environmental harms. A statement which is ironic given the human, non-human and environmental devastation still taking place in Bhopal. Approximately 25,000 people have died, to date, from the gas leak/gas-related illnesses. Thousands of others suffer from chronic debilitating illnesses, and a staggering 570,000 people were exposed to damaging levels of toxic gas. In addition, year-on-year, children are born with congenital malformations evidencing inter-generational trauma.

​In 2018, in stark contrast to Dow whose primary focus was to promote its ECOFAST pure technology, a world away in Bhopal, reality and priorities differ vastly. The abandoned UCC plant remains full of toxic waste, the soil is 100 per cent toxic and pools of mercury are visible on the ground. Ground water at the site, which provides a drinking water supply for approximately fifteen communities is contaminated because untreated chemicals continue to leach through the soil into the aquifer.

​In 1989, thirty years ago, UCC paid out a sum of $470 million in full settlement and never looked back; leaving the residents of Bhopal exposed to ongoing contamination from their abandoned factory site. This worked out to each gas-exposed victim receiving an amount of $500 for life-long debilitating injuries and to pay for decades of medical bills. The next generation of children (afflicted by Union Carbide’s poison) of gas-affected parents received no financial aid. Activists have been fighting ever since to get more compensation for those affected, to get the site cleaned up and to prevent the devastation from spreading. The state of Madhya Pradesh has declared itself unequipped to deal with the Bhopal clean up and for these reasons claim that the 1989 settlement was inadequate. In a curative petition Dow have been requested by the federal government to pay an amount of $1.2 billion.

Bhopal, has demonstrated how it is the most vulnerable members of society who continue to ‘pay the price’ for the crimes of the powerful or state-corporate crime-waves. Thirty five years after the preventable gas leak at Bhopal, its harms are still manifesting. All of this as a direct result of cost-cutting measures and failure to enforce health and safety regulations. The 3rd December 2019 is the thirty-fifth anniversary of the Bhopal state and corporate crime. It also marks thirty-five years of continuing trauma inflicted upon the Bhopali people and thirty-five years in which the Bhopalis continue to fight for justice and accountability.

As part of this continued fight for justice against the state-corporate massacre which took place in Bhopal the Indian courts yet again summoned Dow chemical to attend a court date, on 13th November 2019, to face criminal charges for the part Union Carbide played in the Bhopal state-corporate crime. However, as the Department of Justice (DOJ) (USA) did not serve the summons to Dow Chemical Company, the likelihood of them appearing was negligible, and Dow Chemical did not appear in court demonstrating disdain for previous negligence. Such incontrovertible evidence illustrates why the unending aftermath of the world’s worst industrial disaster resulting from state-corporate crime has continued to unfold across decades and generations, incurring new victims’ year on year, as the battle for justice for Bhopal endures.

Justice for Bhopal is an international campaign: a global coalition of environmental and social justice groups led by survivors of the ongoing disaster in Bhopal. There are many ways to support Bhopal, the three listed are just a few of those suggested by the Justice for Bhopal group:

Further campaign resources can be found here:

Alternatively, The Bhopal Medical Appeal is a health fund which provides appropriate response for the Bhopal survivors – because Bhopal matters.

 

Originally posted on:  sharonhartles.weebly.com

Contact: Sharon Hartles

Email: sh28739@ou.ac.uk

Twitter: @shartles1

Images: courtesy of the author and Wikimedia Commons CC-BY- 3.0

 

Trophy hunting – can it really be justified by ‘conservation benefits’?

Killing animals for fun is an activity which divides opinion.

Cecil the lion, before he was a trophy.
Shutterstock/paula french

Melanie Flynn, University of Huddersfield

Killing animals for fun is an activity which divides opinion. It can also be a highly emotive issue, with high profile cases like the death of Cecil the lion sparking global media coverage and outcry. There were even calls for the American dentist who admitted killing Cecil to be charged with illegal hunting.

But despite the strong feelings it occasionally provokes, many people may be unaware just how common trophy hunting is. The International Fund for Animal Welfare (IFAW) reports that between 2004 and 2014, a total of 107 countries participated in the trophy hunting business. In that time, it is thought over 200,000 hunting trophies from threatened species were traded (plus a further 1.7m from non-threatened animals).

Trophy hunters themselves pay vast sums of money to do what they do (IFAW claims upwards of $US100,000 for a 21-day big game hunting trip). But reliable data on the economic benefits this brings to the countries visited remains limited and contested.

Now the UK government has announced it is considering banning the trade of hunting trophies from endangered species – making it a crime to bring them back into the country.

Advocates of trophy hunting – including major conservation organisations such as the International Union for Conservation of Nature and the World Wide Fund for Nature – argue that hunting wild animals can have major ecological benefits. Along with some governments, they claim that “well-managed” trophy hunting is an effective conservation tool, which can also help local communities.

This argument depends in part on the generation of significant income from the trophy hunters, which, it is claimed, can then be reinvested into conservation activities.

The broad idea is that a few (often endangered) animals are sacrificed for the greater good of species survival and biodiversity. Local human communities also benefit financially from protecting animal populations (rather than seeing them as a threat) and may reap the rewards of employment by hunting operations, providing lodgings or selling goods.

Indeed, research on trophy hunting does show that it can produce substantial financial benefits, is likely to be supported by local communities, and can be associated with conservation gains.

But it remains unclear in exactly what circumstances trophy hunting produces a valuable conservation benefit. We cannot assume a scheme that works in one country, targeting one species, under a specific set of circumstances, is applicable to all other species and locations.

Also, the purported benefits of trophy hunting rely on sustainable management, investment of profits, and local community involvement. But given the levels of perceived corruption and lack of effective governance in some of the countries where trophy hunting is carried out, one wonders how likely it is these conditions can be met.

And if trophy hunting is really so lucrative, there is every chance the profits will instead be used to line the pockets of rich (possibly foreign) operators and officials.

Death and suffering

This brings us to the question of ethics. Just because an intervention has the potential to produce a social benefit, does not mean the approach is ethical. And if it is not ethical, should it be considered a crime?

This is something of regular concern for social policy. If the evil that a programme introduces is greater than the evil it purports to reduce, then it is unethical to implement it.

I would argue that even if convincing evidence does exist that trophy hunting can produce conservation benefits, it is unethical to cause the death and suffering of individual animals to save a species.

In common with many green criminologists, I take a critical approach to the study of environmental and animal-related crime. This means that I am interested in behaviour that can be thought of as harmful, and may be worthy of the label “crime”, even if it has not been formally criminalised.

When considering global harms and those that impact heavily on the most powerless in society, this approach is particularly important.

Conservation is concerned with biodiversity and animal populations. Contrast this with an animal rights or species justice perspective, where instead of focusing on rights that benefit humans over all other species, the interests and intrinsic rights of individual and groups of animals are considered.

From this viewpoint, trophy hunting undoubtedly causes harm. It brings pain, fear, suffering and death. Add to this the grief, mourning and fracturing of familial or social groups that is experienced by animals such as elephants, whales, primates and giraffes. In light of these harms, trophy hunting is surely worthy of the label “crime”.

Allowing trophy hunting also perpetuates the notion that animals are lesser than humans. It turns wildlife into a commodity, rather than living, feeling, autonomous beings – beings that I have argued should be viewed as victims of crime.

Anthropocentric views also facilitate and normalise the exploitation, death and mistreatment of animals. The harmful effects can be seen in intensive farming, marine parks and “canned hunting”, where (usually lions) are bred in captivity (and sometimes drugged) as part of trophy hunting operations. Where money can be made from animals, exploitation, and wildlife crime, seem likely to follow.

Instead, local communities must be involved in decisions about conservation and land management, but not at the expense of endangered species, or of individual animals hunted for sport. Alternative conservation approaches like photo tourism, and schemes to reduce human-animal conflict must be embraced.

Getting a good shot.
Shutterstock/Villiers Steyn

Banning trophy hunting would provide a much needed incentive to develop creative conservation approaches to wildlife protection and human-animal co-existence. And there is still substantial conservation income to be earned without resorting to trophy hunting.

So governments around the world should introduce bans on trophy imports – alongside providing support for alternative, ethical developments that benefit both wild animals and local communities. Anything less is complicit support of a crime against some of the world’s most vulnerable wildlife.The Conversation

Melanie Flynn, Senior lecturer in Criminology, University of Huddersfield

This article is republished from The Conversation under a Creative Commons license. Read the original article.

 

Workplace violence: a social harm perspective

A call for Criminology to use a social harm approach to the workplace, as evidence of violence at work grows

Anthony LloydAnthony Lloyd is Reader in Criminology and Sociology at Teesside University. His research focuses on labour markets and work within an ultra-realist harm framework. His latest book, The Harms of Work (Bristol University Press) is out in paperback in October.

 

According to recent figures from the NHS staff survey and research by Unison, violence against NHS staff continues to rise.  Official figures indicate that nearly 15% of staff surveyed had been subjected to physical violence from patients, patients’ relatives or the public while numerous incidents continue to go unreported.  Although many assaults are clinical in nature and therefore take place in mental health settings, the Health Service Journal/Unison report found violent incidents growing in other settings.  Around one-third of staff reported an assault in the previous twelve months and the report draws a correlation between high levels of violence and NHS trusts with large financial deficits and poor performance on elective waiting times.  Could it reasonably be extrapolated, then, that services stretched to the limit generate frustration and dissatisfaction increasingly manifesting in violent outbursts against staff?

The reports of increasing violence against NHS workers follows growing evidence that school teachers face rising levels of physical and verbal abuse from pupils and parents.  Research conducted by NASUWT suggests that one in four teachers experience physical violence from pupils on a weekly basis, including being shoved, barged, hit, punched and kicked.  Almost half of the 5,000 teachers surveyed reported being verbally threatened by pupils. In 2016/17, nearly 750 pupils were permanently excluded for violence against an adult whilst almost 27,000 were given fixed period exclusions for a physical assault on an adult.

Police officers, prison staff and, increasingly, fire fighters are routinely assaulted in the line of work.  In 2017-18, one in five police officers were assaulted in the line of duty with 8,500 prison officers assaulted in the same period.  According to the Health and Safety Executive (HSE), 694,000 incidents of violence were recorded in UK workplaces in 2017-18 alone with 374,000 adults experiencing violence at work in that period, 41% of which reported injuries.

These reports and research show that workplace violence is prevalent across a range of occupations with employees often facing threats, intimidation and assault during the course of their work.  Criminology has a track record of investigating violent workplaces (Gill et al, 2002; Martin et al, 2012; Schindeler, 2013).  It is crucial that criminology continue to investigate violence in all arenas, including the workplace.  However, it is also vital to heed Slavoj Žižek’s (2008) warning that physical or subjective violence often masks or distracts from more pervasive and invidious acts of ‘systemic violence’ which underpin neoliberal political economy.  A focus on ‘spectacular’ violence should not detract from the wider violence inflicted upon individuals, communities and institutions through the normal functioning of capitalism.

In my work on service economy employees (Lloyd, 2018a; 2018b; 2019), I observed and interviewed call centre workers, retail employees, hospitality workers, couriers, bar staff and fast-food workers.  While physical violence was not observed and very rarely reported by contacts, verbal abuse from customers was endemic and routine while bullying, harassment and abuse from co-workers and supervisors was frequently reported.  However, the picture that emerged was also one of short-term or zero-hour contracts, minimum wage work, targets and performance management, inflexible work rotas, pressure, stress, instability and the sort of workplace precarity regularly cited within the sociology of work literature (Standing, 2011).

Analysing this research from a social harm perspective opens up the normal functioning of labour markets to a critique that highlights numerous problematic practices and, importantly, absences.

The social harm literature continues to struggle with the fundamental question of ‘harm from what?’ (Pemberton, 2016; Yar, 2012; Hillyard and Tombs, 2004; Raymen, 2019).  What harm occurs when employment contracts increasingly favour the employer over the employee?  What harm is inflicted on individuals and communities through austerity measures?  What harm do we suffer through climate change?  The debate around harm’s ontological grounding continues but my contribution, from an ultra-realist perspective (Hall and Winlow, 2015), suggests that harm can be the absence of positive rights that allow individual and collective flourishing.

Following critical realism, ultra-realist criminology posits the probabilistic causal tendencies of absences (Hall and Winlow, 2015).  For example, the absence of a welfare state would undoubtedly engender harmful consequences for individuals and families.  In this case, the absence of stability was evident through the presence of zero-hour contracts, on-demand work, short-term contracts, ‘flexible’ work arrangements that mostly favoured management, low pay, and often inflexible shifts.  The absence of protection was evident through the presence of unpaid ‘work trials’, failure to pay the National Minimum Wage, regular evidence of physical and mental health problems.  The absence of ethical responsibility for the other was evident in the presence of management bullying, colleague harassment, customer abuse and the ‘special liberty’ (Hall, 2012) or sense of competitive entitlement to act in one’s own interests regardless of consequence or damage to co-workers and employees.  The willingness to harm others is intimately connected to competitive individualism.  Within this theoretical framework, absences have consequences and systemic violence damages far worse than subjective violence.

If we return to the earlier examples of hospital and school violence and consider systemic violence, we see wider harms at work.  The same NHS staff survey that reported significant levels of violence also confirmed that 3 in 5 staff work additional unpaid hours, almost 40% reported feeling unwell due to work-related stress, 56% admitted working while not feeling well enough to perform their duties, 45% felt managers did not ask their opinions, 30% considered leaving their organisation.  One-third suggested they could not provide the level of care for patients that they aspired to, 20% reported bullying and harassment from colleagues and over 40% could not say they looked forward to going to work.

These figures indicate significant issues beyond the threat of physical violence.  Like all public sector organisations, the NHS has been subject to austerity, staff shortages, to the implementation of neoliberal managerialism, particularly the directive for efficiency, productivity and value for money, and to outsourcing and privatisation (Pollock, 2004; Davis et al, 2015).  The staff survey results indicate an absence of protection, stability and ethical responsibility for the other that requires further investigation but seems to suggest that positive rights or flourishing are lacking in a sector that demands more with less, stretches services to breaking point and ramps up dissatisfaction, from both employees and service users.  It is within this context that violent outbursts exist.

The workplace must continue as a site of criminological investigation but should also approach such research from a social harm perspective (Scott, 2017).  Widening the angle of vision to incorporate systemic violence as well as brutal outbursts of physical violence allows us to see the myriad harms of work that contextualise subjective assaults on doctors, nurses and teachers.  Many of our workplaces impede flourishing and well-being, both through subjective violence against the person and the systemic violence of neoliberal ideology.  As neoliberal capitalism continues to erode working conditions, conditions of employment and the social relations between employer, employee and consumer, the absences that emerge generate multiple harms, perpetrated by and against the individual.  It is incumbent upon Criminology to see the whole picture.

 

References

Davis, J., Lister, J. and Wrigley, D. (2015) NHS For Sale: Myths, Lies and Deception, London: Merlin Press.

Gill, M., Fisher, B. And Bowie, V. (2002) Violence at Work: Causes, patterns and prevention, (Eds) Cullompton: Willan.

Hall, S. and Winlow, S. (2015) Revitalizing Criminological Theory: Towards a New Ultra-Realism, London: Routledge.

Hall, S. (2012) Theorizing Crime and Deviance: A New Perspective, London: Sage.

Hillyard, P. and Tombs, S. (2004) ‘Beyond Criminology?’ in Hillyard, P., Pantazis, C., Tombs, S. and Gordon, D. (Eds) Beyond Criminology: Taking Harm Seriously, London: Pluto Press.

Lloyd, A. (2018a) The Harms of Work. Bristol: Policy Press.

Lloyd, A. (2018b) “Working for free: Illegal employment practices, ‘off the books’ work and the continuum of legality within the service economy’, Trends in Organised Crime. https://doi.org/10.1007/s12117-018-9351-x

Lloyd, A. (2019) “Harm at Work: Bullying and special liberty in the retail sector”, Critical Criminology. https://doi.org/10.1007/s10612-019-09445-9

Martin, D., Mackenzie, N. and Healy, J. (2012) ‘Balancing risk and professional identity, secondary school teachers’ narratives of violence’, Criminology and Criminal Justice, 13(4), 398-414.

Pemberton, S. (2016) Harmful Societies, Bristol: Policy Press.

Pollock, A.M. (2004) NHS Plc: The Privatisation of Our Health Care, London: Verso.

Raymen, T. (2019) ‘The Enigma of Social Harm and the Barrier of Liberalism: Why Zemiology Needs a Theory of the Good’, Justice, Power and Resistance, 3(1) 134-163.

Schindeler, E. (2013) ‘Workplace violence: Extending the boundaries of criminology’, Theoretical Criminology, 18(3), 371-385.

Scott, S. (2017) Labour Exploitation and Work-Based Harm, Bristol: Policy Press.

Standing, G. (2011) The Precariat: The New Dangerous Class, London: Bloomsbury.

Yar, M. (2012) ‘Critical criminology, critical theory and social harm’, in Hall, S. and Winlow, S. (Eds.) New Directions in Criminological Theory, London: Routledge.

Žižek, S. (2008) Violence: Six Sideways Reflections, London: Profile Books.

 

Contact

Dr. Anthony Lloyd, Reader in Criminology, Teesside University

Email Anthony.Lloyd@tees.ac.uk

Twitter @lloyd_a1

Copyright free images courtesy of author and  Flickr

When Police Racism is Denied, Does it Go Away?

The Macpherson Report remains a touchstone in and a flashpoint for debates on institutional racism within the London Metropolitan Police. Twenty years after its publication, how well does the capital’s police force fare today in the face of accusations and denials of racism? This article casts a critical look at the evidence to expose how institutional racism within the “Met” remains an uncomfortable reality that cannot be denied without denying the facts, ignoring the truth, or remaining willfully blind to it.

25LF

Dr. Lambros Fatsis is currently Lecturer in Sociology and Criminology at the University of Southampton and the winner of the British Society of Criminology’s ‘Blogger of the Year Award’. In September 2019, he will join the University of Brighton as a Lecturer in Criminology.

 

Amid a plethora of Home Affairs Committees, events, debates, and impassioned commentaries that interrogate the legacy of the Macpherson report and muse on the current state of the London Metropolitan Police, as far as institutional racism is concerned, recent statements by the Met Police Commissioner, Cressida Dick, do much to spark further interest in and controversies around the issue. During a Home Affairs Committee session on the Met’s progress in implementing the recommendations of the Macpherson Report, including steps taken to address that report’s findings on institutional racism in the police, Cressida Dick reportedly said that the Metropolitan Police is no longer ‘institutionally racist’ and stressed that the label itself is ‘toxic’ and ‘unhelpful’. Insisting that the force has been ‘utterly transformed’ since Macpherson’s time, the Met Police chief added that: ‘The label now does more harm than good, it is something that is immediately interpreted by anyone who hears it as not institutional but racist – full of racists full stop, which we are not. It is a label that puts people off from engaging with the police. It stops people wanting to give us intelligence, evidence, come and join us, work with us’.

The Met Police Commissioner, therefore, seems confident that: (a) institutional racism in today’s Met is a thing of the past, (b) that it harms the reputation of the force, and that (c) when the term is used we hear the word “racist” louder than the word “institutional”; thereby thinking that the police is populated by racists. She then reassuringly claims that not only is the Met not ‘full of racists’ but that this misperception damages the relationship between the public and the police and undermines citizens’ confidence and trust in the force, while also discouraging potential recruits to join. As a result, institutional racism is suddenly pronounced dead, the definition and meaning of the term becomes misunderstood, and we are left to consider the reputational damage of institutional racism on the Met, instead of worrying about its impact on those who suffer from its consequences. On all three counts, this is a deeply unsettling statement which denies the facts, distorts what words mean, and prioritises the public image of a civil force of the state over its accountability to the public that it ostensibly serves and protects.

Starting with the premature obituary of institutional racism within the Met, it should be read against the latest evidence which clearly points to its existence today. Relevant research findings unambiguously demonstrate racial disparities and disproportionality in the use of stop-and-search, the Gangs Matrix, or the policing tactics used to tackle knife crime and clamp down Black music genres like grime and drill. Last year alone, an influential report for Stopwatch and Release by LSE academic Michael Shiner and his colleagues did much to demonstrate the discriminatory effects of stop and search, echoing earlier evidence from the Equality and Human Rights Commission, a Criminal Justice Alliance briefing, and other oft-quoted academic research (here, here, and here). The Met’s gang database (the Gangs Matrix) fares just as badly with two damming reports by Amnesty International and Stopwatch exposing its racist logic, as did the Information Commissioner’s Office which noted ‘the potential to cause damage and distress to the disproportionate number of young, black men on the Matrix’. Buttressing claims of the effectiveness of stop-and-search as a vital tool for fighting knife crime, a report by the Centre for Crime and Justice Studies condemned the overall approach as ineffective, unjust and damaging to the people that it (cl)aims to protect, as did the Youth Violence Commission which advocates for a public health alternative. As for the policing of UK grime and drill music, my own research demonstrates how the discriminatory policing of both genres serves as a unique case study of institutional racism within the Met today.

Were this not enough, on her visit to the UK last year the UN Special Rapporteur on racism, appeared ‘shocked by the criminalisation of young people from ethnic minorities, especially young black men. They are over-represented in police stop and searches, more likely to face prosecution under the country’s joint enterprise provisions, and are over-represented in the prison system’. None of this is secret knowledge and even a cursory glance at the government’s Race Disparity Unit ‘ethnicity facts and figures’ on stop-and-search and arrests would suffice to convince anyone of the discriminatory treatment of Black people by the police and other UK criminal justice system institutions.

Factual evidence aside, the Met Police Commissioner’s comments are also striking for the way they misrepresent what institutional racism actually means. In Macpherson’s famous formulation, institutional racism ‘consists of the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping which disadvantage minority ethnic people’. The institutional origins of racist behaviour and discriminatory outcomes are not separated in Macpherson’s definition, as they are in Cressida Dick’s interpretation of the term. Yet, she argues that people somehow mentally uncouple the two when the term is used, while also claiming that the term implies that the Met is ‘full of racists’ instead of pointing to a collective failure of an organisation whose processes and attitudes are to blame. The difference between Macpherson and Cressida Dick is that the former points to racism as a feature of the institutional structure and collective mentality of the Met, whereas the latter misunderstands racism as individual prejudice alone. In so doing, a structural characteristic of an entire organisation is denied, and attributed instead to a few individuals who independently act out their own prejudicial attitudes as individuals. Individual officers therefore appear unaffected by their socialisation into an institutionally racist mindset, nor do they act as a team in line with that institution’s logic and unwritten rules. Since racism, according to the Met Commissioner, is an individual trait it has nothing to do with the institutional make-up of the organisation, and since it does not characterise the entire force it cannot exist. The term institutional racism, however, refers to racist attitudes that are built into organisations by design, with the assumption being that individuals take on the prejudices of an organisation and do not act independently of it, especially when they work in groups.

What makes all the above so difficult to stomach is not a logical fallacy, which mistakes something structural and systemic for something individual or (co)incidental, but a dangerous argument which shows little regard for the casualties of such structural arrangements. To perceive institutional, structural, systemic racism merely as a ‘toxic label’ is to deny how toxic the reality of it is for the people and communities that are disproportionately affected by it. Worse still, it reveals a denialist logic which refuses to admit the existence of institutional racism, thereby discounting the relevant evidence. Such a stubborn stance contradicts the Met’s self-understanding as a professional police force which acts on the basis of evidence in order to oversee public safety. On the contrary, such statements give the impression that the Met chooses to defend itself instead of protecting the public to whom it is accountable, and that it chooses to tackle crime by strangling the facts that should guide its mission, its ethos, and its conduct.

Pretending that institutional racism is a thing of the past, is to fail to see how and why it is present today. Yet, the Met chief seems either unable to see all this or willfully blind to it all. If it is the former, she could be dismissed as inadequate. If it is the latter, she might be suspected of being dangerous. Either way, she seems disconcertingly vulnerable to the siren call of hawkish policing and deaf to the evidence that renders it illegitimate. Her pledge to ‘relentlessly’ pursue gangs through increased stop and search doesn’t simply clash with evidence that this police power is ineffective, discriminatory and unjust, but also jars with the lack of concrete evidence to link knife crime and gang membership. Such a stance does chime well, however, with the government’s recent promise to increase stop and search powers and relax rules of conduct to make criminals ‘literally feel terror’. Similarly, the Met chief’s refusal to acknowledge institutional racism as a reality within the force that she leads, eerily echoes statements by the new head of No. 10’s Policy Unit, who famously dismissed institutional racism as a ‘myth’ and decried the establishment of the Race Disparity Audit as serving a ‘phoney race war’ that is ‘dangerous and divisive’.

Twenty years after Macpherson diagnosed the Met with institutional racism steadfast refusals to see it, point to a reluctance to see what is evident through facts. We should, therefore, be reminded that when ‘racism is how the world is seen’, as Sara Ahmed brilliantly put it, ‘it remains possible for racism not to be seen’.

This article gives the views of the author, not the position of the institution he works for.

 

Contact

Lambros Fatsis, University of Southampton

Twitter: @lfatsis

Copyright free image courtesy of Pexels

 

 

 

Academic Integrity and making a difference

The Police Education Framework and academic delivery

EmmaWilliams

 

Emma Williams is the Director of the Centre for Police Research at CCCU. Her interests are police professionalism, rape investigation, gender and policing and police legitimacy. Previously Emma worked as a principle researcher in the Metropolitan Police Service.

 

 

The Police Education Qualification Framework (PEQF) has fundamentally changed the approach to police recruitment and the conversation about how new officers embark on a ‘professional’ career. Three entry routes dictate that ALL joiners must now have a degree (a College of Policing approved degree no less); or they will undertake a conversion programme through the higher education diploma in policing (DHEP); or the police constable degree apprenticeship (PCDA) which ultimately gives them a degree at the end of three-year probationary period.

I use the term conversation above in the context of the recruitment issues. However, there have been an abundance of conversations about this huge change to policing which have been difficult, controversial, challenging and personal. There have been disputes between police and academics, academics and academics, police and police and policy makers and all of us. Whatever the longer term outcome of this reform, there continues to be a binary conversation about what should and should not be considered as credible and useful knowledge in the practical policing world.

In academia what counts as ‘credible’ knowledge and research in the police service has been debated extensively (Chan, 2003; Charman, 2017; Fleming and Wingrove, 2017; Williams and Cockcroft, 2019). Indeed, the drive to professionalise the police through academic qualifications is certainly not new. Some universities have been delivering police education for many years both within the UK and internationally. However, this is the first time that an organisation overseeing a wider professionalisation agenda in policing has provided a platform to formalise this, standardise it and roll it out nationally for all officers.

There are so many issues that feature within the debates about this decision. They range from the curriculum content being too prescriptive and not academically independent, academic work not being practically relevant, too many cops being involved in programmes and therefore the PEQF being a recreation of police training, de-professionalising serving cops through this process, not encouraging diversity and limiting accessibility to the service: these are just a few of them. This article covers some of my own concerns about a number of these issues.

Essentially the aim of both education and research, in a policing context, is about enhancing reflective practice and informing decision making. It is not about replacing the learnt, tacit knowledge held by officers, it is about incorporating something different to better understand wider context and the complex environment within which they operate. Unfortunately, many have conflated the PEQF with the evidence based policing mantra and the notion of introducing a pure scientific and prescriptive approach to encourage compliance in police officers. The top down curriculum requirements that universities have to sign up to in order to gain COP approval doesn’t help this perception and therefore universities involved in this new era of police education need to ensure that there is integrity in the delivery of the programmes and reflection of where academic theory meets police practice.

Central to all our research and teaching at Canterbury Christ Church University (CCCU) is the practitioner. We use their experiences to enhance and develop what needs to be a flexible curriculum that meets the fast changing nature of the policing world. Yes, part of the curriculum will be focused on imparting knowledge of ‘what works’, originally seen in the application of new public management to policing in the 1980s. However, universities have a responsibility to additionally impart to police students the invaluable work of police sociologists such as Punch, Holdaway, Heidensohn, Muir and Bittner whose insights remain imperative to the constitution of police knowledge and understanding. The topics of their work remain prominent in policing today: Discretion, mental health, community policing, race and gender. Indeed, as Jock Young (2004) argued, the role of criminological research as an administrative method to consider ‘what works’ in crime prevention and reduction reinvented and narrowed the discourse of criminology. We have an obligation to make sure the same thing does not happen in teaching and researching policing studies.

Myself, Jennifer Norman and Mike Rowe (2019) recently wrote an article addressing these issues and one concern we raised was that the PEQF has been perceived by many as a method of de-professionalising the personal identity of police officers by teaching a curriculum that is about compliance, risk aversion and prohibiting innovation. There are police officers who firmly believe that the PEQF is trying to drive a future of cloned police officers who will all leave university with exactly the same blueprint of police knowledge ready to deliver a certain ‘type’ of policing when they enter the working sphere. It is vital that higher education institutions offering the PCDA, DHEP and preservice degree maintain some independence in the design of their courses. It is the WAY they are delivered that is key. It is our role as academics to give officers the tools to think critically, problem solve and be reflective – it is not to give them information about what they should do and when, or, as some commentators believe, turn them into managers by Mcdonaldising police knowledge (Heslop, 2011).

As Brown et al (2018) argue policing is a social institution that deals with both developing legitimacy and public trust and with processes such as deployment, operational practice and workforce planning. The latter and its association with accountability, targets and rational process is just one part of what officers do. Innes (2010) described police research as either being focused on the ‘motors’ that drive change and reform or on the ‘mirrors’ which deepen contextual understanding of ‘real’ police work through reflection. Those who perceive the PEQF as offering only a tightly defined curriculum with the research components being focused on efficiency and understanding ‘what works’ argue that the importance of richer ‘mirror’ research is diluted down. Arguably, it is this contextual knowledge that will aid officer reflections when they make decisions about their behaviour and actions: this is what is ethical and moral here for police legitimacy.

I am not suggesting that these concerns will play out in the delivery of all programmes nor am I suggesting that it is simply the content of the programmes that need debating in this conversation. Indeed, our own research at CCCU with our police students found many organisational factors that inhibit officers even being able to apply their new knowledge in practice (Williams et al, 2019). However, the fact that these structural issues are reported to relate to factors such as hierarchy, risk aversion, performance measures and prescriptive tool kits does leave me asking: Is the critique of the curriculum actually right and does it actually reinforce or justify current police processes? Our respondents saw these organisational factors as obstructing discretion and limiting the use of the reflective methods we encourage in our classrooms. If we as academics delivering these programmes want to change this, we need to be creative in the way we deliver the content, and diverse in the approach we take to covering notions of ‘good’ police research. Indeed, we need to not recreate the status quo but influence officers’ ability to challenge it, be different and furthermore, work with organisations to develop environments where they staff feel safe to do so.

Finally, and I guess this is the most controversial part for us all, is my hope that universities don’t become driven by the commoditisation of police knowledge. We need to ensure universities do not deliver prescriptive courses which do not make translatable the important theoretical criminological and sociological perspectives that are so critical to understanding police business today. This also relates to how the PEQF may impact on current officers’ sense of professionalism and the value placed on their own experience. Reinforcing the application of top down processes within the police organisation through top down learning and tightly defined notions of knowledge may constrain the use of new ideas and personal expertise. We must not deliver ‘off the shelf’ teaching which restricts understanding and the application of the type of situated knowledge that is so pertinent in the police environment. We do need to capitalise on the ‘diffused and seminal intelligence of the rank and file’ (Sklansky, 2008:11), allow for their reflections and the wider use of various forms of academic knowledge.

I very strongly support the drive to encourage further collaborations between the worlds of academia and policing but I hope we can remain objective and independent. That is our role. Universities are about learning, thinking differently and testing new ideas. They are not about delivering teaching methods that promote a equals b – in fact we should be problematising those notions. If we really want to recognise and support the role of the professional here we need impart rich knowledge that allows them to apply their own professional knowledge to a wide range of situations alongside the reflection of academic learning.

The PEQF has a real opportunity to instil new knowledge in the police organisation. Qualifications are not in place to deliver an army of ‘narrow minded experts or scientific freaks’ (Jaschke and Neidhart, 2007: 306). If the content is not delivered ethically and in diverse ways, it might be that the PEQF becomes viewed as yet another prescriptive tool to govern officers’ behaviour and confirm the status quo.

 

Brown, J., Belur, J., Tompson, L., McDowall, A., Hunter, G., and May, T. (2018). Extending the remit of evidence-based policing. International Journal of Police Science & Management Volume 20 (1), 38-51.

Chan, J. (2003) Fair Cop: Learning the Art of Policing. Toronto: University of Toronto Press.

Charman, S. (2017) Police Socialisation Identity and Culture: Becoming Blue London: Palrgrave

Fleming, J. and Wingrove, J (2017) ‘We Would If We Could … but Not Sure If We Can’: Implementing Evidence-Based Practice: The Evidence-Based Practice Agenda in the UK.  Policing: A Journal of Policy and Practice, Vol 11 (2): 202–213.  https://doi.org/10.1093/police/pax006

Heslop, R., (2011). The British police service: professionalization or ‘McDonaldization’? International Journal of Police Science & Management, 13 (4), 312–321.

Innes, M. (2010) A ‘Mirror’ and a ‘Motor’: Researching and Reforming Policing in an Age of Austerity, Policing: A Journal of Policy and Practice, Vol 4 (2): 127–134, https://doi.org/10.1093/police/pap058

Jaschke, H.G. & Neidharte, K. (2009). A Modern Police Science as an Integrated Academic Discipline: A Contribution to the Debate on its Fundamentals. Policing & Society, 17 (4), 303-320.

 

Contact

Dr Emma Williams, Canterbury Christ Church University

Email: emma.williams@canterbury,ac,uk

Twitter: @emwilliamscccu

Website: https://cccupolicingandcj.wordpress.com

 

Images: courtesy of the author and Unsplash

A Green Criminological Take on the BSC in Lincoln

The BSC Annual Conference 2019 in Lincoln from a PGR perspective.

EGladkova

Ekaterina Gladkova holds a BSc in International Relations and an MSc in International Development. She is currently conducting PhD research that focuses on the links between farming intensification and environmental (in)justice and has its roots in green criminology.

 

 

My first BSC Annual Conference ‘Public Criminologies: Communities, Conflict and Justice’ held at the University of Lincoln in 2019 was an intellectually invigorating and socially exciting event. Over 200 papers were presented, illuminating different aspects of the current criminological research and engaging with the pressing social and environmental issues. The latter was particularly significant to me because it resonated with my personal academic interest in green criminology and provided an opportunity to catch up with the research of others working in the same field. Great sessions that intersected environmental problems with the criminological discipline, such as Capitalism and Environmental Harm; Deviance and Social Control in an Age of Ecological Disorganization, were held. Two roundtables – Green Criminology and The Intersection of Indigenous, Cultural, Southern and Green Criminologies – gave an opportunity to debate about harms and crimes against the environment and discuss prevention strategies both within and beyond Western knowledge structures.  Moreover, a plenary on Climate Change and Criminology from Professor Rob White continued breaking criminological silence on one of the defining issues of our time – global warming – and discussed how criminology can both address the issues around climate change denial as well as engage with climate change mitigation and adaptation. Yet, one of the highlights of the green criminological strand of the BSC 2019 was the launch of Green Criminology Research Network during the roundtable titled Green Criminology: The Past, Present and Future. The roundtable discussed the origins of green criminology, synthesised its current developments, and outlined some directions for the future of this area.

I also had an opportunity to present my paper during the PGR segment of the conference, illuminating one particular aspect of my research. An underlying theme of my research is food production, as I aim to advance the criminological understanding of both isolated deviancy and systemic harm featuring in the fabric of modern food systems. The research adopts a socio-legal approach, scrutinising a particular routine practice that underlies the modern-day meat production: industrial farming. While this large-scale, high input / high output, technology-based practice results in environmental and social grievances (Passas, 2005) as well as severe harm to animals (Wyatt, 2014), it nevertheless is the chosen mode of meat production globally. It, therefore, can be seen as an ‘ordinary harm’ (Agnew, 2013) that contributes to environmental destruction and undermines social cohesion.

Some countries jump on the bandwagon of industrial farming as they decide to re-structure the way they farm and Northern Ireland is one of them. A sharp increase in the number of industrial pig and poultry farms was reported in 2017 (The Bureau of Investigative Journalism, 2017). Industrial, or intensive, farms refer to the farms that house at least 40,000 poultry birds or 2,000 pigs grown for meat or 750 breeding pigs. The number of such farms in Northern Ireland went up by 68% from 154 in 2011 to 259 in 2017 (The Bureau of Investigative Journalism, 2017). In addition to the global dynamic in farm intensification, an industry-led Going for Growth (GfG) strategy adopted by the Northern Irish government in 2013 also provided an impetus to intensify meat production. My research takes the case study of pig farming intensification to analyse this alarming trend.

Farming intensification threatens an already fragile natural environment in Northern Ireland and also has detrimental consequences for human health and wellbeing. The paper I presented at the BSC 2019 used an environmental justice perspective to analyse farming intensification through the lens of a community affected by this phenomenon. It discussed environmental harms and risks from the existing farms in the area that the community is currently exposed to and suggested that these harms are likely to be exacerbated as pig farming intensification gathers pace. I also looked at the opportunities for the local residents to engage in environmental decision-making around intensive farm projects. The latter appear to be limited and I concluded that farming intensification in Northern Ireland is marked by recognitional and procedural environmental injustice.

The BSC Annual Conference was a perfect opportunity to present this work as it resonated with the main theme of the conference – Communities, Conflict and Justice – and showed how an ‘ordinary harm’ of farming intensification can produce a local conflict that reveals the flaws in environmental decision-making procedures.

Overall, my first BSC Annual Conference experience was very positive and I am looking forward to the next year’s conference!

Contact

Ekaterina Gladkova, PhD researcher at Northumbria University in Newcastle,

e.gladkova@northumbria.ac.uk

@EkatGladkova

Images: courtesy of the author and CopyrightFreePhotos

End Child Imprisonment!

How many more children must die, whilst in the alleged ‘care’ of the state, before the government abolish the inhumane incarceration of children?

Sharon Hartles photo

Sharon Hartles is a MA Postgraduate Crime and Justice student with the Open University.  She has an interest in crimes of the powerful, including state and state-corporate crime.  In an explicit attempt to move beyond criminology, she draws upon a zemiological approach to evidence the social, political and economic context in which crime is produced and interwoven into society via socio-economic inequalities.

As of the 27th June 2019, thirty five children (aged 17 or under) have died in penal custody in England and Wales since the 13th July 1990. This death rate equates to an average of one death every ten months. The social blindness and on the whole social acceptance/denial of this outdated and barbaric form of harm, by the vast majority, underpinned through the punitive desire to punish wrongdoers, must end. There has to be a better way, an alternative form of penance, which must be framed by an overarching consensus to reconcile and restore harm produced within, and by harmful societies.

On the 13th July 1990, Philip Knight became the youngest person to commit suicide in a prison in the United Kingdom. The prison where this tragedy took place was for adult, male prisoners aged 18 or over: Philip Knight was a 15 year old child. Alan Williams, Swansea West MP, (1964 – 2010) declared to the House of Commons, on the 26th July 1990, that Philip had been sent to a Swansea category B/C male prison because “nowhere else could be found for him”. About a week before Philip committed suicide by hanging himself, he had cut his wrists. As a 15 year old child it can be claimed, that Philip lacked the necessary life experiences on which to draw upon, which left him less able to manage suicidal and bleak thoughts, demonstrating why there is a clear need to abolish the imprisonment for children.

Following on from Philip Knight’s death, between 1990 and the 6th October 2002, 24 more children aged between 15 years and 17 years, suffered apparently self-inflicted deaths. With the exception of Chris Greenway, aged 16, who died in 1995 and whose death was categorised as murder/homicide, the victims include: David Dennis, aged 17 (died 30th May 2000), Philip Griffin, aged 17 (died 1st August 2000), Kevin Henson, aged 17 (died 6th September 2000), Anthony Redding, aged 16 (died 15th February 2001), Mark Dade, aged 16 (died 27th July 2001), Kevin Jacobs, aged 16 (died 29th September 2001), Joseph Scholes, aged 16 (died 24th March 2002) and Ian Powell, aged 17 (died 6th October 2002) to detail just eight out of twenty-three deaths.

On the 9th April 2004, Gareth Myatt, a 15 year of child died in prison custody, whilst in Rainsbrook Secure Training Centre near Rugby. Unlike the 24 out of 25 categorised self-inflicted deaths aforementioned, Gareth was the first child to die while being restrained in custody. Gareth was less than five feet tall and weighted six and a half stone (this being the average height and weight for a twelve year old boy). Gareth’s physical stature was clearly that of a young child. However, this did not stop three officers (David Beadnall, David Bailey and Diana Smith) restraining Gareth in the seated double embrace restraint position in an ordeal which lasted for six or seven minutes. During this time Gareth was told by David Beadnall ‘if you can talk then you can breathe’, and you are going to have to shit yourself. Gareth died as he was held down in the restraint position from positional asphyxia after choking on his own vomit. Yet, on the 28th June 2007 a jury ruled Gareth’s death to be accidental.

Four months after Gareth Myatt’s death, Adam Rickwood, died on the 8th August 2004, aged 14. To date, Adam is the youngest child to die in custody in England and Wales. His death categorised as self-inflicted. A further 8 children have died since August 2004 including: Gareth Price, aged 16 (died 20th January 2005), Sam Elphick, aged 17 (died 15th September 2005), Liam McManus, aged 15 (died 29th November 2007), Ryan Clark, aged 17 (died 18th April 2011), Jake Hardy, aged 17, (died 24th January 2012), Alex Kelly, aged 15, (died 25th January 2012), Daniel Adewole, aged 16 (died 4th July 2015) and Caden Steward, aged 16, (died 27th June 2019) to catalogue the latest in this series of deaths.

Thirty-five children aged between 14 to 17 years, all boys, have died in prisons over a 29-year period from 1990 to 2019. 31 out of these 35 deaths have been categorised as self-inflicted. This excludes Chris Greenway’s death which was categorised as homicide, Gareth Myatt’s death which was categorised as accidental, Daniel Adewole which was categorised as natural causes and Caden Steward’s which is not believed to be self-inflicted, yet it is not being treated as suspicious. 34 out of these 35 deaths have taken place in Secure Training Centres (STCs for children aged 12 to 17) or Young Offender Institutions (YOIs for children aged 15 to 17), with the exception of Philip Knight whose self-inflicted death took place in an adult male prison. It is ironic that the STCs and YOIs are establishments that the Ministry of Justice commissions from Her Majesty’s Prison and Probation Service claim to provide ‘specialist’ custodial places for children aged 12 to 17.

The rebranding and relabelling as ‘Secure Training Centres’ and ‘Youth Offender Institutions’ helps to maintain a smoke and mirrors mirage. These are nothing short of childrens prisons. Further labelisation via the categorisation of self-infliction of these children’s deaths does little but detract away from the trauma, harm and abuse that such institutions which incarcerate children like STCs and YOIs perpetuate. There is a huge body of evidence detailing systemic abuse and child maltreatment within STCs and YOIs, delivered at the hands of Serco and G4S custody officers:

The private sectors such as Serco and G4S have increasingly influential workings on the criminal process. Both assume the right to punish on behalf of the government and as such manage and deliver (in)justice services. Fundamentally, the child abuse which takes place in STCs and YOIs is state-supported and state-sanctioned.

This emergence of the marketisation and privatisation of the prison industrial complex has led to the favoured response of imprisoning children because it is a booming business and there is profit to be made in the ‘corrections’ industry. It appears to be the case that as long as operational obligations are met, profit from the operation of the incarceration of children together with the inhumane practices implemented are in the main hidden away from the public. Interestingly, up until July 2016, all of the Secure Training Centres were run by private companies. This helps to explain why even with all the evidence detailing why we should abolish imprisonment for children, record numbers of children in England and Wales continue to be incarcerated to sustain capitalist profit.

Even though the UK Government, in December 2016, admitted that prisons cannot be made fit for children, children continue to be detained in STCs and YOIs (children’s prisons) which are operating at maximum capacity. Although the government announced two and a half years ago that it would phase out child’s prisons, at a debate held in Parliament on the 25th June 2019 (two days before Caden Steward’s death) Edward Argar, the Minister of Justice refused to give a timetable for the closure of child prisons. To add fuel to the fire, Edward Argar stated “that youth secure estate “requires real reform” but that the system needs to retain custody as an option.” However, the notion of reformism in face of its successive failures is paradoxically non-reformist reform. No more reform of reform or ‘old wine in new bottles’.

200 years of reform have led us to a time where on the 8th August 2004, Steve Hodgson a so-called ‘care’ officer, ‘fearing’ he was about to be bitten, by Adam Rickwood, a 14 year old child, in plain speaking, gave a sharp blow to Adam’s nose with two fingers under the nostrils, inflicting a nose bleed, which bled for one hour. At the time Steve Hodgson, acted on ‘instinct’, whilst Adam was being lifted by four care officers to be placed in his room. Although the way he was carried and the use of a blow to his nose – a “distraction technique” – were “unlawful, there were no charges of assault brought against the care officers.

As Adam Rickwood expressed in his final words of desperation, left in his suicide note on the 8th August 2004 – “What right have they got to hit a child?” To their shame, the Ministry of Justice, backed by the Youth Justice Board, requested the continued use of painful restraint methods for non-compliance to be formalised as part of STC rules. The Secure Training Centre (Amendment) Rules came into force on the 6th July 2007, without parliamentary debate. These ‘rules’ widen the scope for restraint/force to be used against children all of which is permitted under the guise of ensuring “good order and discipline”. The Court of Appeal ruled that the use of painful restraints was an infringement of children’s fundamental human rights. In addition, the United Nations Convention on the Rights of the Child, declared that incarceration should be used as a last resort. Even with all that said, the rights of children in detention are still not enforced and the excessive use of restraint/pain-inducing techniques over de-escalation strategies are vehemently favoured as the first response.

The government is clearly failing to protect children, if this were not bad enough, it is actively facilitating the harm of children and blatantly disregarding children’s rights to be protected from violence. When the state, whose role it is to protect, is the perpetrator of harm, who can we turn to? How many more children must die? How many more lessons will be learnt? The time for lesson-learning has passed. The imprisonment of children must end. Now is the time to mobilise, take action and support the End Child Imprisonment campaign launched on the 22nd November 2018 by organisations including: Article 39, the Centre for Crime and Justice Studies, the Howard League for Penal Reform, INQUEST, Just for Kids Law and the National Association for Youth Justice.

Originally posted on:  sharonhartles.weebly.com

 

Contact

Sharon Hartles, MA Postgraduate Crime and Justice student with the Open University

Email: sh28739@ou.ac.uk

Twitter: @shartles1

Images: courtesy of the author