Why I won’t be celebrating Nick Hogan’s release from jail
Dear Nick Hogan,
Thanks largely to the efforts of a few bloggers, you are now back home following a stint in Forest Bank jail in Pendlebury. A huge amount of credit for this must go to Anna Raccoon and Old Holborn, who rallied to your cause and did some seriously speedy fundraising in order to secure your release through delivering £8,664.50 to your prison’s doorstep. No doubt you are flattered and delighted that complete strangers dipped into their pockets for you and your family due to their enormous sense of grievance at what happened to you. Even so, my mood is far from jubilant this morning.
The backstory to your prison sentence is a sad tale. You were jailed for non-payment of a fine that was originally imposed for a ‘mass smoke-in’ on the day the smoking ban came into force in 2007 in your pub, the ‘Swan and Barristers’ in Bolton, which you no longer own. You were fined again when council inspectors walked into your present pub and discovered a group of customers smoking, even though you weren’t on the premises. The fines bankrupted you, and you went to court intending to argue that you could not afford the £500 a month payments demanded by the council towards their £10,000 bill for prosecuting you (although you had managed to pay off £1,600). In response to your non-payment, the court gave you a 6-month jail sentence instead. This left your wife to manage the pub and left you unable to earn the money which would ensure your release. Your poor wife was not able to speak to you after you were sentenced and was merely informed of where you would be jailed. I can imagine that the whole experience was very frightening and disorienting for her. In short, you objected to the smoking ban and hosted a small demonstration against it on the day the ban came into force, and you paid a heavy price.
As Anna Raccoon said, “Nick was jailed as an example to us all, that when the State barks ‘jump’ you only question ‘how high’. He didn’t. He said ‘Why’? …The fact that so many of you responded is a powerful message from the voting public that politicians would be well advised to heed. The Blogosphere will not be controlled by politicians, bound up in regulations, throttled by impenetrable legislation. It is not a single target that a ‘D’ notice can be fired at. We are not beholden to advertisers. We are the authentic, unfiltered, voice of your electorate.” I’m sure you would agree that your release from jail has shown how quickly a small group of supporters can be mobilised to help someone, which is encouraging in itself. However, I still have a heavy heart as I write this letter because I fear that even though the blogosphere has won the battle, we have not and will not win the war.
The relentless attacks on our civil liberties over the past 13 years will not be forgotten quickly by many bloggers, but it has gone largely unnoticed by many voters. To most people, DNA databases are nothing but an abstract headline, 42-day detention was supported by many, ’stop and search’ is unlikely to affect them, wheelie bin computer chips are little more than an irritation and ‘benefit snoopers’ from the local council will never need to call at their house. You don’t have to tell me about ‘first they came for the communists etc etc’ because I get it, but bloggers should never forget that we are all here because we care – many other people do not. I am always amazed and even amused by the way that mainstream journalists talk about events in Westminster politics as if anyone other than a handful of voters actually give a crap. The vast, vast majority of people in this country simply don’t have the time or energy or inclination to care about what the government does, and tragically that extends to civil liberties too. Some of them even support draconian measures like ID cards because the government have such a powerful voice and can deceive and lie to their heart’s content about why they are doing things and what effect their plans will have.
I would love to think that your release from jail would be a turning point regarding the influence of the blogosphere on the world outside and on policymakers, but I know deep down that it isn’t. Anna Raccoon felt that the help you received sent a “powerful message from the voting public that politicians would be well advised to heed”, but they won’t. Politics has concentrated power into the hands of literally 10-15 people at the very top of the political tree, regardless of which party is in charge, and they have no reason to fear the electorate or bloggers as we have so little genuine power over them. Yes, we can protest and yes, we can kick up an almighty fuss, but I wonder how much more we have to offer besides being a right royal pain in the arse. I can only hope that a Conservative Party, which still contains the likes of David Davis and a few other staunch defenders of liberty, will start to roll back the tide of destruction that Labour have overseen on our liberties and freedom. Sadly, I fear that ‘hope’ is all we can do.
Yours sincerely,
A.Tory
We have to do it for ourselves by making this first squeak of protest, we cannot rely on Cameron who failed to endorse David Davis stand on Civil Liberties then cast him into the outer darkness of the back benches.
The real argument is between Liberty and Authoritarianism
@Guthrum – Exactly. Individuals are slowly withdrawing their consent for authoritarian oppression.
“I can only hope that a Conservative Party, which still contains the likes of David Davis and a few other staunch defenders of liberty…”
Yes, I remember their strident challenges to each new insult, their statements supporting the campaign for Nick, their…
Oh. Wait.
LFAT
Sadly, there is a lot of truth in what you say (comme d’habitude!) but at least we have made a start in the transition from late night ranting to actually being a cohesive force.
There was a time when the Labour Party was merely the drunken late night ramblings of working men in the pubs. It is difficult to engage disparate citizens and give them a banner to group under; all I can say about yesterday, was that we made a start – it remains to be seen whether others will pick up the baton and run with it.
I hope so, we are all doomed if we sit waiting for the powerful 10 to 15 at the top to develop a fit of conscience regarding their treatment of the man and woman in the street.
Good post, though it makes uncomfortable reading – as a good blog post should!
And that has worked out so well for us…
The vast, vast majority of people in this country simply don’t have the time or energy or inclination to care about what the government does
Which is not, per se, a bad thing. They shouldn’t need to. A minority who do care, together with a government that has a shred of decency and/or a conscience should be enough to keep things in line.
Someone needs to take a long hard look at the checks & balances we impose on our governments, and how we can stop a government from simply deciding to remove, emasculate or ignore them.
Yup. Add my name to that.
The smoking ban law was put in place for the noblest of intentions, but was the darkest of deeds. I am all for laws that benefit the many even if it over rides the wishes of the few. However laws must all pass the test of fairness and are not anti-libertarian or curtail personal responsibility or choice. The smoking ban does benefit the many but it does not pass the other tests. Nick Hogan in a sense was imprisoned for his beliefs, coupled with many other draconian measures introduced by this government and that unelected body in Brussels indicate that we are heading in a direction that does not auger well for our civil liberties. Our economic woes are such as well that in the not too distant future it can be envisaged that all the ingredients will be there that has in the past given rise to authoritarian states such as communist and fascist ones.
Patently said, Someone needs to take a long hard look at the checks & balances we impose on our governments, and how we can stop a government from simply deciding to remove, emasculate or ignore them.
That is the crux of the matter; Bully boy even promised his own backbenchers that he would give back the powers he had stolen from parliament, he lied of course.
I think you underestimate the spread of pointless (and downright dangerous) bureaucracy, and general bullying of the public. Pretty much everyone now has to deal with it, whether they are rich or poor. We all have to deal with the NHS, our local council on bin collection, parking enforcement,speed cameras etc etc. Anyone with kids has to deal with the nonsense that passes for education in the State sector, and cower under the threat of being reported to Social Services. Anyone who runs their own business has to deal with myriad quangos who try to tax and regulate them out of existence. Anyone on benefits has to deal with the monolithic DHSS.
I talk to lots of people, and while they may not be ‘political’ in the sense they follow the machinations of party politics, they understand only too well the frustrations of dealing with the State in its many forms.
There is a deep well of discontent there, waiting to be mined by an astute politician, or party. I would keep an eye on someone like Dan Hannan – he is well out of the mainstream political viewpoint now, but he is articulating ideas that could resonate with the public, given the right conditions.
Sadly, you’re spot on here LFAT. Very good letter.
But if we just shrug and take such a pragmatic view, we may as well give up and let the bansturbators and power junkies win.
There has to be hope that someone, somewhere, will notice the rumblings of discontent, and yesterday showed a tiny glimmer of that.
I’m certainly not prepared to throw in the towel just yet.
But the government and the entire political system can be bought under scrutiny.
The expenses incident clearly shows just how fragile the politician’s hold on the voters is when the taxpayers are angered. Whatever the end result of the saga the politicians danced to the public’s tune, even if only for a while.
Climategate emails show how even the most relentless message, backed by all the political and media outlets suddenly comes to a screeching halt when ’secret’ information is released.
Politicians don’t fear the voters, but they still have to listen to them occasionally.
Guthrum and Shaun, my concern is that withdrawing support will not be enough – you need the people in charge to make the right decisions or you’ll always be fighting against the current.
Julia, yes, yes, I know.
Anna Raccoon, I welcome any attempt to grow the influence of the blogosphere on policymakers, but I would highlight the fact that the blogosphere did not actually have any impact on policy – it merely helped one bloke escape the consequences of a policy.
Patently, I think a handful of people have already looked into the checks and balances, but they aren’t the people with their hands of the levers of power.
Antisthenes, sadly our laws do not have to pass the test of fairness or liberty thanks to our lack of a constitution.
Jim, you’re right that lots of people have to deal with it, but too many of them simply shrug their shoulders.
Dick, I’m not saying we roll over, I’m saying that we need to evaluate our whole approach because a collective of bloggers is unlikely to impact on the higher echelons of Westminster politics too often.
Bill, you’re right that if taxpayers get angry they can be very powerful, but they don’t seem to get very angry about civil liberties – in fact, sometimes they even support their curtailment.
Yesterday was a small but significant event. It’s the sort of thing that’s going to be happening more and more. People are angry, and that anger will find its expression. The internet is showing itself more and more to be an effective means to express popular opinion. This will continue and develop, most likely in surprising ways.
I don’t know why you cite David Davis. He didn’t include the smoking ban in his list of lost civil liberties.
@Shaun Pilkington –
Thats not the point; the point is it worked out well for THEM. They were nothing once and rose to destroy an entire country. Its as clear as the nose on your face. This really IS the beginning of the end for totalitarianism in Britain. All we have to do is refuse to obey en masse and its OVER.
Absolutely !
Is is a constant theme of mine (that’s ‘rant’ to dissenters) that there are in reality only TWO ‘parties’ in the whole of what we are pleased to refer to as Western Democracy (I say that with an almost straight face):
The Freedom Party, and
The Control Party.
But the idiotic ‘choices’ (ie choices for idiots) we are presented with cannot articulate what most of us with a functioning brain REALLY want: moderate prosperity, freedom, truth, and justice.
It’s such a shame (from my standpoint) that Nigel Farage, for example, is MORE of a True Conservative than Cameron will EVER be.
Is the Party over ?
I hope not, but……………..
The state says ‘Jump’ and the individual is supposed to ask ‘How High?’
That just about sums up the relationship between the state and the individual now. We live in the most watched/spied upon society in the world, one which now has so many laws that no-one can possibly certain that they are not breaking one. This is the first move of a totalitarian state, to make the individual more afraid of government than government is afraid of the people. Once the individual is used to living under excessive regulation, benign in character but repressive in fact, then the relationship between us and the state has changed to the point where the state becomes harder to challenge.
The state chips away, freedom by freedom. If they bribe enough at the start, if the press are onboard, they can get away with huge leaps forward and be hailed as saviours rather than jailers, saving us from our worst facets. But slowly, they alter the system so that the checks and balances that are necessary for a free society are eroded.
Then it is a fait accompli, and we are stuffed!
I hope Frank’s right – the fact that Anna reports that her server went down earlier under the weight of queries as a result of the media interest is hopefully a good sign (sorry, Anna, but you know what I mean!).
But people ARE stopping co-operating in their own oppression. When the Police solve a crime, 90% of the time its from ‘information received’ and people ARE ALREADY not speaking to the Police, not even to report crimes.
People ARE ALREADY witholding their Telly Tax, er, TV License in protest at various BBC actions.
People ARE ALREADY engaged in militia actions to destroy CCTV and Speed Camera installations.
Individually, this is all small stuff but collectively, I’d argue, they represent the birth of a nascent resistance to the kind of authoritarianism we’ve had foisted on us for the past 15 or so years. And yes, I do include the Michael Howard era in this.
I’m a human rights defender. I prefer to ask “Why?” rather than on demand blindly jump high. I came across Nick’s story in the Daily Telegraph and posted it, and sent a link to Anna Raccoon. She emailed back and asked me to find out which prison Nick was in and his prison number. Then I received an email from Old Holborn requesting the same information.
I phoned Nick’s wife, Denise, and told her that I had received some internet interest in their plight, and that it might be a good thing if she supplied me with the information sought so I could pass it on. Information received, I emailed it to both Anna Raccoon and Old Holborn. My understanding was that a campaign was being launched. I later became aware that egos got in the way from some fractions. Nuff said.
My role was largely in the background. I had and still have more important things on my mind. I was unable to donate money because the government states I can survive (with heat or eat) on £55 per week. Instead, I donated time and knowledge. I know it helped. I don’t need to blow my own trumpet, especially when I am leading the charge for reform.
“A vibrant civil society that scrutinises, criticises and stimulates public debate on human rights problems is indispensable for the protection of human rights” (Thomas Hammarberg, Commissioner for Human Rights, Council of Europe). When I read that statement, with the Prisoners Votes Case firmly in my mind, I thought, ‘That’s us f!*@$d, then, isn’t it?’. However, we are engaged in a tug of law. I think there is just time to pull one more stroke before the general election. Maybe it will drag the government over the line to my way of thinking?
Actually, it is not just my way of thinking but that of 46 Member States of the Council of Europe, and 800 million citizens in Europe. Actually, it is 47 Member States. Only the UK needs to be reminded of a few things. For example, when I read comments referring to foreigners and foreign institutions in relation to the latest news, “Prisoners must be allowed to vote, Europe tells Britain”, I blog “Don’t blame foreigners for prisoners votes…
Treaty of London (1949) also known as the Statute of the Council of Europe (London, 5 May 1949)”. I am engaged in a battle involving Bringing Rights Home. Enforcement is an issue. Therefore I am tackling this, legally, politically, and in the media.
“There is a gap between the rights proclaimed in international and regional human rights instruments and how these rights are respected in individual countries. In fact, all states encounter challenges in their work towards complete fulfilment of human rights. Scarce resources are often invoked as the main obstacle. Corruption, internal tensions, racism and intolerance are other obstacles to real progress. Serious violations of human rights also take place in countries that are considered stable and non-corrupt. The illegal arrests, enforced transport of wrongfully detained people and brutal interrogation methods used in the struggle against terrorism are clear examples”(Thomas Hammarberg).
I intend to bridge that gap. Even if it means filling the space in between with scalps from those who try to thwart my objectives. No more jaw, jaw, it’s tug of law, law. Winston S. Churchill played a very big part in setting up our going to Europe. He was very instrumental in the European Convention and the Council of Europe. Labour has toyed with the idea of human rights. Play time is over. Now it is time to get serious.
This human rights defender is a legal terrorist and Jack Straw is an obvious easy target. As Secretary of State for Justice, he is legally responsible for Democracy, Rule of Law, and Human Rights. These are 3 of the objectives of the Council of Europe, the Convention, the Court, and the Committee of Ministers. I fully support these 3 objectives. They are part of the Treaty of London (1949). I picture Jack Straw as King Cnut outside Parliament near the Thames trying to stop a tidal wave from Europe. Drowned in his own stupidity. Those 3 objectives have defeated 3 Labour lawyers; Tony Blair, Charles Falconer, and Jack Straw. The Prisoners Rights Movement has educated prisoners generally to enhance their awareness of their rights, and thus empower them to make use of and safeguard their rights. Jailhouse lawyers have turned law-makers and the so-called law-makers turned law breakers. With the law on their side, prisoners are sure to win in the tug of law.
Civil rights are those enjoyed by those in the open prison beyond the prison gates. Democracy, Rule of Law, and Human Rights are the same both sides of the fence. Or should be, in a civilised country. I think there are some politicians and journalists with the gutter press who believe they are still in the jungle. Hold on whilst I give them a tug.
“I don’t need to blow my own trumpet…”
No, of course not… *rolls eyes*
JuliaM: You giddy strumpet, you confuse Gideon’s Trumpet with those who just blow their hooter.
Tell me the Guidogram isn’t read by Policymakers. Or the Daily Mail. Or the Telegraph. Or the BBC.
This story was covered in all of them.
24 hours later, you could hear me shouting at Elliot Morley and Co on the 5pm Radio 4 News, the 6pm News and the Ten pm News
Me. An anonymous unpaid blogger. Making noise
http://news.bbc.co.uk/1/hi/uk_politics/8561359.stm
As I was saying…
OH: Enjoy your 15 minutes of fame.
BTW, I thought Anna Raccoon was the star and you the supporting actor
Wow. You wait ages for a libertarian and then two come along at once…
I fail to see how an anonymous blogger wearing a mask can have 15 minutes of fame.
@Old Holborn – Then you’ve never watched the X Factor auditions!
@Old Holborn – I thought Paul Staines was behind the mask…
I think Guy Fawkes enjoys 15 minutes of flame every bonfire night!
I live in Newhaven. It’s not always Mr Fawkes who enjoys a lick of flame on bonfire night.
I’m the public, and Dan Hannan resonates with me!