Blackpool activists jailed for anti-fracking protest

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Blackpool activists jailed for anti-fracking protest

#1  Postby minininja » Sep 27, 2018 1:21 pm

:nono:

Three protesters given prison sentences for blocking Cuadrilla lorry convoy

Three environmental activists are believed to be the first people to receive jail sentences for an anti-fracking protest in the UK.

Simon Roscoe Blevins, 26, and Richard Roberts, 36, were given 16 months in prison and Richard Loizou, 31, got 15 months on Wednesday after being convicted of causing a public nuisance by a jury at Preston crown court in August. Another defendant, Julian Brock, 47, was given a 12-month suspended sentence after pleading guilty to the same offence.

The four men were charged after taking part in a four-day direct action protest that blocked a convoy of trucks carrying drilling equipment from entering the Preston New Road fracking site near Blackpool.

The site near Preston New Road has been a focal point for protests since the government overturned a decision by Lancashire county council and gave the energy firm Cuadrilla consent to extract shale gas at two wells on the site in October 2016. More than 300 protesters have been arrested since Cuadrilla began constructing a fracking pad at the site in January 2017.

The company has said fracking is likely to start within the next few weeks, confirming on Monday that 28 lorries had brought fracking equipment to the site.

Sentencing the men, the judge, Robert Altham, said he thought the three men posed a risk of reoffending and could not be rehabilitated as “each of them remains motivated by an unswerving confidence that they are right”. He added: “Even at their trial they felt justified by their actions. Given the disruption caused in this case, only immediate custody can achieve sufficient punishment.”

Kirsty Brimelow QC, the head of the international human rights team at Doughty St Chambers, representing Roberts on a pro-bono basis, told the judge it had been a peaceful and political protest. She said the right to freedom of speech went beyond “simply standing and shouting” and extended to non-violent direct action.

Brimelow said the fact that central government had overturned the local council to reject Cuadrilla’s fracking application demonstrated that “political process has been exhausted”. She added that “there has been no environmental protester sentenced to jail since 1932”.


The Tories overturned the local council's decision and mass public opposition in order to give Cuadrilla a licence to profit from environmental destruction, and when people engage in peaceful political protest they get arrested and locked up. This is disgraceful. It's going beyond crony capitalism and into corporate fascism.
[Disclaimer - if this is comes across like I think I know what I'm talking about, I want to make it clear that I don't. I'm just trying to get my thoughts down]
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Re: Blackpool activists jailed for anti-fracking protest

#2  Postby fisherman » Sep 27, 2018 5:05 pm

When they break the law, don't they stop being peaceful protesters?

I think in such a controversial subject, when the government chooses a path that favours economic growth but lacks a social license to do so, then they risk their mandate to govern.

It seems bollox to describe it as corporate fascism though.
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Re: Blackpool activists jailed for anti-fracking protest

#3  Postby monkeyboy » Sep 27, 2018 6:13 pm

It is exactly corporate fascism. The people who actually live there don't want fracking done there. Their democratically elected local council didn't want it done there either. But then they all get over ruled and a private company is given the go ahead to frack on their doorstep, potentially fucking up their environment and gets the backing of government and the police to do exactly what the people who live there don't want. What else is it?
If the majority wanted it, and the local council agreed and it was just a few dissenters, fair enough but when shit like this is forced upon a community? What else is it?
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Re: Blackpool activists jailed for anti-fracking protest

#4  Postby monkeyboy » Sep 27, 2018 6:28 pm

Oh, and their protest was peaceful. It involved blocking a route and climbing atop trucks to stop drivers proceeding. They didn't assault anyone, just caused an obstruction. That's protesting peacefully. They've been jailed essentially for their resolve to continue protesting what they believe is right. Something that was done by elected local government and totally ignored by the tories.
Anyone want to bet that a few tory ministers or their wives will be found to be board members or directors of Cuadrilla or a subsidiary of theirs any time soon?
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Re: Blackpool activists jailed for anti-fracking protest

#5  Postby fisherman » Sep 27, 2018 7:35 pm

Important energy projects are normally decided by the government, it happens with wind farms, gas and nuclear power plants, I would find it more odd were fracking to be excluded from the process, and decisions kept at the local level. There are currently 90 energy projects going through national infrastructure planning, all decided by government.

I sympathise with the local community, in the same way I would were it a gas plant, wind farm or nuclear plant that was being built.

Re: Peaceful protest; Seems a very narrow reading of the word peaceful, if it is to mean no assault occurred. For me, it stops being peaceful when the law is broken, and the police have to step in. Blocking a public road is public nuisance, and so calling it a peaceful protest is just wrong.

I think the protesting strategy is very astute, costing the companies involved a lot of time and money, though it remains to be seen if it will be effective.

ETA: Peaceful, as below, can be viewed both as; free from disturbance or not involving violence.

Which one applies here in this discussion, both correct? :scratch:

adjective
adjective: peaceful

1.
free from disturbance; tranquil.
"his peaceful mood vanished"
synonyms: tranquil, calm, restful, pleasant, quiet, still, relaxing, soothing, sleepy, silent, soundless, hushed, noiseless, undisturbed, untroubled, private, secluded, solitary, isolated, free from disturbance/interruption/interference More
"the cottage is in a peaceful setting"
serene, calm, tranquil, composed, placid, at peace, at rest, at ease, in repose, reposeful, undisturbed, untroubled, unworried, unruffled, anxiety-free, content, blissful, secure
"his peaceful, contemplative mood vanished"
antonyms: bustling, noisy, agitated
2.
not involving war or violence.
"a soldier was shot at an otherwise peaceful demonstration"
synonyms: harmonious, at peace, strife-free, peaceable, conflict-free, on good terms, amicable, friendly, cordial, non-violent, unwarlike; More
orderly, disciplined
"peaceful conditions between the two countries"
antonyms: hostile, warring
(of a person) inclined to avoid conflict.
"Dad was a peaceful, law-abiding citizen"
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Re: Blackpool activists jailed for anti-fracking protest

#6  Postby willhud9 » Sep 27, 2018 9:08 pm

Blocking traffic is never peaceful. What happens when someone in an ambulance dies on route to the hospital because 3 people decided to block traffic that day? Should all 3 be charged with manslaughter?
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Re: Blackpool activists jailed for anti-fracking protest

#7  Postby monkeyboy » Sep 28, 2018 2:03 am

Except they blocked the entrance to the site. Not a public road. You should see the pictures or film of it. There's a smiling chap stood on top of a truck waving a flag. It's hardly the stuff of high drama or close to a riot. It's people not wanting their environment wrecked and their water table polluted. This isn't miles and miles in the middle of nowhere. It's in countryside which sits above a flat plain which is densely populated all the way to the coast. Guess where the polluted water table seeps? Yep, right through that plain to the sea. Across a coastline full of resorts where people holiday. Are your fracking sites so thoughtfully placed Will?
But this is fucking miles away from Westminster where the decision was made. The cunts that made the decision didn't choose sites where their votes might be affected. They chose this site out of several proposed. All the others would have affected several margin constituencies. This just affects the one. The population there were very strongly against it but hey, fuck them huh? This is for the greater good isn't it? There's no pollution free options for getting power available are there?
There were incentive schemes a while back for fitting solar panels to roofs. The people that were lucky enough to take advantage were not only powering their homes but we're able to produce surplus energy to feed back to the grid. Imagine if every home had them. Free energy but then the power companies lose money and hence can't pay their government cronies for lucrative contracts like this clusterfuck.
So yeah, people protest. But go on, insist they're the irresponsible ones because they're standing on the wrong side of the law by taking the moral high ground.

No shit laws were ever overturned by illegal but morally just protest were they? Oh wait.....the suffrage movement got women the vote, the civil rights movement....I can go on but it's late.
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Re: Blackpool activists jailed for anti-fracking protest

#8  Postby willhud9 » Sep 28, 2018 3:41 am

I am not remarking on the specific protest. I am just saying that blocking roads is not considered a peaceful protest.
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Re: Blackpool activists jailed for anti-fracking protest

#9  Postby monkeyboy » Sep 28, 2018 9:28 am

Except they weren't charged with blocking a highway. They were convicted for being a public nuisance. I'm struggling to see what public they were being a nuisance to. The very public who live there? The ones who don't want the fracking site there in the first place? The ones who's local council don't want it there? Or the cronies of the company who don't live anywhere near but might have their back handers compromised? It's a fucked up abuse of power whichever way you look at it. It stinks. Sooner these corrupt cunts are out of power the better.
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Re: Blackpool activists jailed for anti-fracking protest

#10  Postby fisherman » Sep 28, 2018 10:13 am

Blocking the highway is considered being a public nuisance.
Local businesses and residents were affected, said the judge, who referred to an elderly and disabled woman at a nearby housing estate who was forced to walk 90 minutes on crutches to get home because she could not get the bus.
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Re: Blackpool activists jailed for anti-fracking protest

#11  Postby I'm With Stupid » Sep 28, 2018 10:17 am

Anyone who thinks that the punishment is not disproportionate, read their barrister's comments:

they would become the first environmental activists to receive jail sentences for staging a protest in the UK since the mass trespass on Kinder Scout in the Peak District in 1932, which marked the beginning of the right-to-roam movement.


The sentencing guidelines for this crime allow for a fine or prison, and most examples of a prison sentence for causing a public nuisance (not related to protests) are a few months, not over a year. The only example I can find with more than that was a charge of incitement to riot.

This Tory government claimed to be big on local government when they came in, but it was pretty obvious early on that it was all talk and they had absolutely no intention of allowing local governments the power to decide things for their local communities. What they should be doing is convincing local councils to take unpopular infrastructure projects like this by allowing them to keep more of the revenue that it creates. As it is, the government are slashing local budgets and then imposing these things on people, polluting their environment, and no doubt the majority of income will go back to the central government to be spent outside of deprived areas like Blackpool.
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Re: Blackpool activists jailed for anti-fracking protest

#12  Postby minininja » Sep 28, 2018 10:21 am

willhud9 wrote:I am not remarking on the specific protest. I am just saying that blocking roads is not considered a peaceful protest.

So when roads have to be closed because people are on a protest march along them, is that not a peaceful protest?

These four were charged with being a "public nuisance", one of the many ludicrously vague charges that police can use to arrest anyone doing anything they don't like. But surely the right to protest must include the right to peacefully be a bit of a nuisance. If protest is legally restricted to activities that will have no effect on anybody then what is it?

And what are people supposed to do next? Political means of opposition to fracking companies through local democratic process has been overridden by a central government in the pockets of the corporations. They actually changed the law to take planning permission for fracking sites out of local government control so they could force it through. Peaceful protests have led to hundreds of arrests and court orders forcing people to stop certain acts of protest that would have any effect on Cuadrilla's business of environmental destruction. And if you want to call what these four did more than peaceful protest, fine - call it peaceful civil disobedience, but three of them are now in prison for well over a year for political protest. This is not normal. Corporations should not have the power of the law to allow them to subvert democracy.

There's a petition taking off on 38 degrees:

To: UK government
Protect the right to protest: don't unfairly punish people who oppose fracking

The ability of communities to organise, provide critical voices and offer something more than symbolic opposition to the fracking industry is essential.

But there are increasingly severe outcomes and restrictions on protesters involved in protest actions against the fracking industry. These sentences are disproportionate to the acts that they have committed.

We should all be treated equally under the law, no matter what we're protesting about. And the UK government needs to protect the right to protest, starting with commissioning the Joint Committee on Human Rights to conduct a thematic inquiry into the declining space for civil society to effectively oppose the fracking industry in the UK.


A couple of relevant responses:
Environmental activists who endangered no-one, damaged nothing and harmed nobody have been jailed in the UK for the first time since the 1930s. A worrying development for the freedom to protest. - @AmnestyUK

The disproportionate nature of these sentences for peaceful protest is truly shocking. I have visited the Preston New Road site. Such severe jail sentences for peaceful protest fails to appreciate the strength of feeling of protesters & the local community against fracking. - @johnmcdonnellMP
[Disclaimer - if this is comes across like I think I know what I'm talking about, I want to make it clear that I don't. I'm just trying to get my thoughts down]
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Re: Blackpool activists jailed for anti-fracking protest

#13  Postby willhud9 » Sep 28, 2018 12:20 pm

I’m not saying in this specific case that the governments response and sentencing is disproportionate. I get that. All I was saying is the idea that blocking a road harms no one is not universal and doing so as a protest is illegal in most areas including the US which has very lax speech laws comparatively.
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Re: Blackpool activists jailed for anti-fracking protest

#14  Postby Thommo » Sep 28, 2018 12:36 pm

I can't say I see even a hint of fascism or government intervention in this. Police have to have the power to arrest anyone who is deliberately preventing the lawful operation of a business. I would certainly expect them to arrest protesters hampering people operating or entering an abortion clinic, or an immunisation clinic.

The only issue is the severity of the sentencing. A year in prison does seem pretty disproportionate, but if the defendants really are intending to simply commit the same crime again, if released, then custody might well be appropriate. Maybe 3 months would be better for a first conviction, I suppose. But I doubt that would change the headlines or political battle lines much.

As far as the semantics go, the protest was as clearly peaceful as it was unlawful.
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Re: Blackpool activists jailed for anti-fracking protest

#15  Postby Keep It Real » Sep 29, 2018 4:44 am

Wow - those are some frighteningly stiff sentences. Shock signal?

willhud9 wrote:Blocking traffic is never peaceful. What happens when someone in an ambulance dies on route to the hospital because 3 people decided to block traffic that day? Should all 3 be charged with manslaughter?


What happens when 300 people die and 30,000 are made homeless because of the multiplied consequences of government supporting fossil fuel exploitation in this way?
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Re: Blackpool activists jailed for anti-fracking protest

#16  Postby I'm With Stupid » Sep 29, 2018 12:57 pm

willhud9 wrote:I’m not saying in this specific case that the governments response and sentencing is disproportionate. I get that. All I was saying is the idea that blocking a road harms no one is not universal and doing so as a protest is illegal in most areas including the US which has very lax speech laws comparatively.

I mean it inconveniences people and in theory could cause harm if an ambulance couldn't get through. But let's be honest, you could say the same thing about a train strike. I had 4 hours added to my journey last week because of a train strike. There was a blind woman struggling to get on the replacement bus with her guide dog. And of course what if the increase in traffic resulted in an ambulance getting to the hospital later? But it's still wrong to fail to call this peaceful action, and I was still in favour of the people who chose to strike despite having two journeys made terrible by the strike.

Strikes work because they harm the company financially. Boycotts work for the same reason. But when you have a company that is able to harm the community they are based in and that community have absolutely no recourse to harm the company in retaliation, then direct action becomes the only option that people have. They voted at the ballot box and were ignored. The only legal option is to try and arrange a protest where the police and the company are informed to such a point that they can make sure it has literally zero impact on the running of the company. The US (and UK) loves that kind of free speech. Any free speech that doesn't interfere with the profits of big business. Any protest that starts to threaten that is quickly quashed (see Occupy Wall Street or the pipeline protests).

Local communities shouldn't have things like this imposed on them, they should be persuaded. And there will definitely be a tipping point where the benefits offered (local share of taxation, etc) convince most people that the drawbacks are worth it. Let's be honest, being willing to have a nuclear power station or a fracking company on your doorstep should make a local council rich. But all of the money immediately leaves the local community and other than the handful of local people who get decent jobs, these places typically continue to be deprived.
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Re: Blackpool activists jailed for anti-fracking protest

#17  Postby Thommo » Sep 29, 2018 2:18 pm

I'm With Stupid wrote:Any protest that starts to threaten that is quickly quashed (see Occupy Wall Street or the pipeline protests).


How quickly was occupy wall street quashed?
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Re: Blackpool activists jailed for anti-fracking protest

#18  Postby fisherman » Sep 29, 2018 4:40 pm

I'm With Stupid wrote:
willhud9 wrote:I’m not saying in this specific case that the governments response and sentencing is disproportionate. I get that. All I was saying is the idea that blocking a road harms no one is not universal and doing so as a protest is illegal in most areas including the US which has very lax speech laws comparatively.

I mean it inconveniences people and in theory could cause harm if an ambulance couldn't get through. But let's be honest, you could say the same thing about a train strike. I had 4 hours added to my journey last week because of a train strike. There was a blind woman struggling to get on the replacement bus with her guide dog. And of course what if the increase in traffic resulted in an ambulance getting to the hospital later? But it's still wrong to fail to call this peaceful action, and I was still in favour of the people who chose to strike despite having two journeys made terrible by the strike.

Strikes work because they harm the company financially. Boycotts work for the same reason. But when you have a company that is able to harm the community they are based in and that community have absolutely no recourse to harm the company in retaliation, then direct action becomes the only option that people have. They voted at the ballot box and were ignored. The only legal option is to try and arrange a protest where the police and the company are informed to such a point that they can make sure it has literally zero impact on the running of the company. The US (and UK) loves that kind of free speech. Any free speech that doesn't interfere with the profits of big business. Any protest that starts to threaten that is quickly quashed (see Occupy Wall Street or the pipeline protests).

Local communities shouldn't have things like this imposed on them, they should be persuaded. And there will definitely be a tipping point where the benefits offered (local share of taxation, etc) convince most people that the drawbacks are worth it. Let's be honest, being willing to have a nuclear power station or a fracking company on your doorstep should make a local council rich. But all of the money immediately leaves the local community and other than the handful of local people who get decent jobs, these places typically continue to be deprived.


Just regarding the bolded section; it was me who took the thread off on this tangent that the protest was not peaceful. I was wrong in this regard, thinking the mere fact the police had to arrest the guys to stop further disruption, meant the protest stopped being peaceful. However, I cannot find anything supporting my view, and in fact, the CPS when providing guidance for public protest, point out that a prosecution is less likely if the protest has essentially been peaceful.

Happy to withdraw and call it a peaceful protest.

Regarding getting a local community onboard with an infrastructure project of this nature, I think a relevant example is the Shetland Islands with a system put in place for the local community to benefit from the disruption caused.

But the council took the unusual step of promoting private legislation through the UK parliament which gave them harbour authority powers for the whole of their coastline. This enabled them to require the oil companies to share a properly planned terminal in Sullom Voe, which became the largest oil port in Europe. As part of the deal, the companies paid a disturbance payment to the council, based on the throughput of oil. The largest part of this money has been paid into a charitable trust, legally separate from the council, which now has assets in excess of 210 million. The income is able to finance expenditure of approximately 11m a year.
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Re: Blackpool activists jailed for anti-fracking protest

#19  Postby willhud9 » Sep 30, 2018 4:45 am

Thommo wrote:
I'm With Stupid wrote:Any protest that starts to threaten that is quickly quashed (see Occupy Wall Street or the pipeline protests).


How quickly was occupy wall street quashed?


or for that matter the pipeline protest? :dunno:
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Re: Blackpool activists jailed for anti-fracking protest

#20  Postby fisherman » Oct 17, 2018 2:00 pm

Fighters for freedom from fracking freed.

Three men jailed for a fracking site protest have been freed after judges ruled their sentences were "excessive".

Simon Blevins, 26, Richard Roberts, 36, and Rich Loizou, 31, became the first UK anti-fracking protesters to be sent to prison, after climbing on lorries at Cuadrilla's site in Lancashire.

Court of Appeal judges ruled they should be released from jail and instead imposed conditional discharges.


The Lord Chief Justice Lord Burnett said an "immediate custodial sentence in the case of these appellants was manifestly excessive".
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