Conservative Commentator Lauren Southern – Image via Wikimedia Commons, CC-BY Unported License.
In a further recent example of the increasingly sinister interference with free speech demonstrated by the United Kingdom authorities, Conservative activists Lauren Southern, Brittany Pettibone and Martin Sellner have been denied entry to the United Kingdom. Whilst I disagree with some of their policies, some points they raise are valid and critically they are peaceful political critics who do not advocate violence. Persons denied entry to the UK are frequently told that they have no right of appeal. However, it is possible to bring a judicial review or claim under the European Convention on Human Rights, which may be appropriate in this case.
In the UK, sinister attempts to use criminal law against political opponents are on the rise. In 2015 I received a written apology from the police. They had given me a police information notice for harassment, but it was revoked when I served a letter of claim and a police complaint. The apology and formal rescinding of the PIN is at the bottom of my article here.
Last month I wrote an article about Labour’s Ellie Reeves MP entitled, “Ellie Reeves MP and the Corpses of Children”. Ellie Reeves contacted police and accused me of harassment. I received a call from a Police Constable but as the article relates, no action was taken and after a brief discussion with the Detective Inspector, it was confirmed in writing that no action would be taken and no harassment warning was given.
Last week Brittany Pettibone, Lauren Southern and Martin Sellner were banned from the United Kingdom using poorly written official notices. Of particular concern, Southern was detained under under section 7 of the Prevention of Terrorism Act 2000. Ms Southern intended only to interview a controversial political figure, Tommy Robinson.
As a Conservative I do not necessarily agree with their views but it has to be said of each of them that they have specifically repudiated violence and promote their concerns via lawful democratic means. The intended interviewee, Tommy Robinson was a founder member of the English Defence League (EDL) but he left it because of extremism.
The criticisms they raise of militant Islam are similar to those raised by UK newspapers, the National Secular Society and indeed numerous feminist women’s rights groups who fear that women will be treated poorly under Sharia law as per this YouTube video, “Feminists March against Sharia Law, Gender, and Patriarchy”, from the Women’s March 2018.
The use of counter-terrorism powers against controversial but peaceful speakers raising issues of profound concern to society is inappropriate but also, to my mind, seriously unlawful contrary to section 6 (1) of the Human Rights Act 1998. This is because the decisions not to allow Pettibone, Southern and Sellner entry appeared to violate Articles 8, 9 and 10 of the European Convention on Human Rights.
The available remedies include damages and an injunction.
The points raised in aid of Lauren Southern’s exclusion are very weak. For example, she raised concerns about perceived hostility of extremist Islamists by handing out a rainbow LGBT leaflet. It was based on a leaflet decrying Christians who oppose gay marriage which said, “Jesus is Gay”. The LGBT leaflet Southern handed out simply said the same about Muslim figures such as Allah. This was described as ‘racist’ by immigration officials.
Although the law on visitors to the UK is vague it is subject to judicial oversight and in particular, the proportionality test. On the reasons given, Lauren Southern should prevail in a claim for judicial review and / or a Human Rights claim. As a Conservative, whilst I do not agree with all Southern’s views I would be happy to write to Amber Rudd MP and encourage others to do so.
