Court rules against Climate Camp kettle but kettling still legal
Last week’s high court decision that Police tactics at 2009’s climate camp were illegal has been hailed as a victory for civil rights campaigners and the protest movement in general. Yet the significance of the judgement could be overplayed. The court’s decision did not go as far as civil liberties groups would like, passing up the opportunity to engage in a truly radical shake-up of policing and settling instead to allow the police to carry on much as before, though perhaps a little nicer and with an extra eye on for regulations.
The court has held back from declaring the use of kettling itself to be illegal and the Met have subsequently reaffirmed their commitment to the use of the tactic where they consider it necessary. This judgement of course only applies to the policing of the 2009 climate camp protest. Nonetheless, it has inevitably been interpreted in the light of the student protests that convulsed the capital at the end of 2010, which saw the highly controversial tactic deployed for hours at a time, often in dangerous situations and in icy conditions.
Though the Met have defiantly vowed to continue to deploy kettling where they see fit the recent anti-cuts demo notably did not witness large scale kettles deployed. Merely the threat of its use was sufficient to dramatically raise the temperature of the protest however, as Liberty – who provided legal observers and stewards on the day – concluded in a recent report.
This isn’t the final word on kettling. The tactic is being challenged in the European Court of Human Rights. But until a decision is reached the police will continue to use it. With this in mind, the court must be considered to have missed a valuable opportunity to effect more radical change in policing. Despite paying lip service to the civil right to protest, the Met has regularly shown itself willing to employ extremely coercive and violent means to control protests in the two years since the climate camp incident. The knowledge that they retain the prerogative to employ this hugely resource-hungry, expensive and provocative tactic will continue to greatly raise the temperature of future protests at a time when tempers are already running high due to economic insecurity and government austerity. It seems likely this will lead to more frequent, more violent clashes between protesters and the police which will be used in turn to justify more aggressive, more restrictive crowd control tactics. In allowing the police to retain the right to kettle, but rebuking them for excessive use of force the Court has essentially handed the met a stick and asked them to play nicely with it. A truly progressive move would have been to take the stick away altogether.