Local Tory’s speak about silencing the electorate

Tory's supporting vested interest
Sorry for the delay in updating this, but have been away from the computer but some replies have rolled in. From my two local Conservative representatives for one. Before I post those let me remind you of the letter I sent, particularly these two phrases from it:
“Obviously I don’t expect you to be able to comment on individual cases.”
and
“So I was wondering if you think it is ever appropriate that a local Council seek to prevent one of their constituents from writing about them in any form?”

I’m afraid I shall be writing back to the individuals concerned as a specific case, which I’m not askign about prohbits them from commenting on a general principle.

First up Tory London assembly member Gareth Bacon:

“Dear A Voter,

Thank you for your email.

I am very familiar with this case, and there is a great deal more to it than reported by the Daily Mail. However, the legal issues around it are not resolved (I believe Mr Kerlan’s sentencing will not happen for at least another two weeks and, of course, there may be an appeal) so it would be inappropriate for me to comment in any detail at this stage. I hope you can understand that.

Yours sincerely,

Gareth Bacon

Mind you of course being bother a member of the local council in question and the London assembly member must make it very tricky to even attempt to provide any manner of oversight. On the other hand James Brokenshire the local MP appeals to a “higher power”, that of the courts.

“Dear A Voter

Thank you for your e-mail.

You are right in saying that I can’t comment on an individual case of this kind. All I can say is that any restraining order would have had to have been approved by the Court as being proportionate and necessary to prevent harassment or any further criminal breaches.

Yours sincerely

James Brokenshire M.P.”

Again, I specifically asked about the general case and not the particular, but for Mr Brokenshire if the courts make an order then who is he to argue, best hope there are no miscarriages of justice in Bexley whilst he’s on the watch.

Gerard Batten MEP speaks

Gerrad Batten - UKIP MEPAnother reply to my letter this time from UKIP MEP Gerard Batten, who it seems doesn’t consider this to be a non-European matter and so did reply and gives every sign of having read the Mail article I linked to. Sadly as far as I’m concerned they’ve ducked the question of if council should ever seek to prevent the electorate from writing about them and have got hung up on the language thing – I’ve followed up, here’s their reply:


“Dear A Voter,

I was not aware of this case in particular, but it is interesting and thank you for letting me know.

Of course I believe in free speech. But free speech has never included right to personally abuse, defame or threaten someone.

The point has been made before that people say things on the internet or by text or by twitter etc, that they would not say in public or in person. If this man was in a public meeting or in a public place would he expect to say the things he said about the councillor? Probably not. But modern electronic media is to a large extent a ‘public place’.

If the person in question were raising robust criticism concerning the councillor’s ideas, statemenents, or conduct in his duties that would be free speech. But in my view defaming someone personally or threatending them in some way is not. In this case the courts agree.

If someone used the language used here or made the alleged threats in public then they might find themselves charged with causing a breach of the peace or using threating language etc. Should people expect different rules to apply in the electronic media? More people are coming to find teh hard way that the courts apply similar rules.

Free speech by all means but not personal abuse, threats, lies and defamation. I hope you can agree with that.

Yours sincerely,

Gerard Batten MEP
UKIP London”

So I’m seeking clarification:

“Dear Mr Batten,

I agree that the same rules should apply via any media and that no one should be free to harass or threaten another. However what I’m asking and what concerns me is if it is ever right for an elected body to see to prevent one of the people they represent from writing about them in anyway? This is why I wasn’t asking about the specifics of this case, but rather the general principle of if Councils or any elected body should ever seek to prohibit anyone writing about them, rather than say prohibit the threatening or abusive behaviour?

Yours Sincerely,

A Voter”

Update A rapid an unequivocal response from Mr Batten:

“Dear A Voter,

I would agree that no elected body should have the right to prevent legitimate comment about their proceedings or actions.

Sorry if I did not make that plain.
Regards,

Gerard Batten”

Marina Yannakoudakis MEP speaks

Marina YannakoudakisFollowing up from my last post the first non-automated replies are in. I am at once both impressed and unsurprised I have a reply from an MEP, London Conservative MEP Marina Yannakoudakis to be precise.

On the question of if they “think it is ever appropriate that a local Council seek to prevent one of their constituents from writing about them in any form?”

They’ve told me:
“Dear A Voter,

Thank you for your e-mail.
The issue you raise is outside the jurisdiction of the European Union, specifically that of the European Parliament.

If you have not done so already, may I suggest you contact your local
Member of Parliament, James Brokenshire MP to raise your concerns using the following link:

http://findyourmp.parliament.uk/constituencies/old-bexley-and-sidcup

Yours Sincerely,

Marina Yannakoudakis MEP

A rather prompt form letter not giving any opinion at all, I shall take it as a general view on how the London Conservative MEP’s approach matters of accountability and freedom of speech.

In better news the Green party campaign office, have sent a seemingly real e-mail saying they’re going to talk to their candidate about it and get back to me.

Update I’ve written back to Marina asking the same question but about MEPs and the European Parliament instead, as that would be a matter for her.

“Dear Marina Yannakoudakis,

I’m surprised that you can’t express an opinion on a council in your constituent area gagging their constituents from reporting on council business. However as you feal that you can’t express an opinion on a local matter as it’s not part of the purview of the European Parliament, let me ask you a related question.

Do you think it would ever be acceptable for the European Parliament to take steps to curtail a European citizen from writing about members of the European parliament in any form? Would it ever be acceptable for a MEP or the European Parliament to see a restraining order preventing a European citizen from:
Owning, operating or writing on a website or social media any criticisms of the European Parliament
and
from writing directly or indirectly about MEPS on any site?

I await your reply.

Your’s sincerely.
A Voter”