Enemies of the People (headline)

Last updated

Front cover of the Daily Mail, 4 November 2016 Daily Mail - Enemies of the People.png
Front cover of the Daily Mail , 4 November 2016

"Enemies of the People" was the headline to an article by the political editor James Slack, published in the British newspaper Daily Mail on 4 November 2016. [1] The headline and associated article were about the three judges who had ruled that the UK Government would require the consent of Parliament to give notice of Brexit. The headline was widely criticised as being inappropriately condemnatory and attracted numerous complaints, given that the British judiciary is independent of the Government. The court had ruled on the question of whether the Constitution of the United Kingdom permitted the government to use the royal prerogative to invoke Article 50 (or whether it would need to be authorised by an explicit act of Parliament to do so).

Contents

Background

The headline, written by James Slack and approved by editor Paul Dacre, [2] was in response to the ruling of the High Court of England and Wales in the Miller case that the government would need to gain the consent of Parliament before it could trigger Article 50 and exit the European Union (EU). The government had intended to use the royal prerogative to invoke Article 50, after a referendum in June 2016 had resulted in a 52%–48% majority vote to leave. [1]

The Daily Mail claimed the court's decision purposely blocked the Brexit process and ran the story and headline about the three high court judges – the Lord Chief Justice, Lord Thomas, Master of the Rolls Sir Terence Etherton, and Lord Justice Sales. [3] [4] The Mail Online also initially described Etherton as an "openly-gay ex-Olympic fencer", [5] but this was changed after criticism on social media. [6] [7] Former Lord Chief Justice Igor Judge said the newspaper's attacking comments, particularly the homophobia concerns, were "very unpleasant". [8]

Aftermath

The Independent Press Standards Organisation received over 1,000 complaints about the piece, claiming it violated numerous Codes of Conduct including inaccuracy, harassment and discrimination. [3] [9] A Business Insider report strongly criticised the Daily Mail story as being "distorted" and could be construed as an attempt to harm the reputation and safety of the judges. [10] In November 2016, the Bishop of Leeds, Nick Baines said the public should be "very alarmed" over the Daily Mail piece. [3] Lord Neuberger spoke out about the press criticism of judges in an interview broadcast by the BBC in February 2017. [11]

In response to the criticism of the High Court ruling by newspapers, including the Daily Mail, the Secretary of State for Justice, Liz Truss issued a three line statement defending the independence and impartiality of the judiciary more than a day after being asked by the Bar Council to comment. [12] [13] The chairwoman of the Bar Council, Chantal-Aimee Doerries QC, [14] said that Truss should have clearly defended the judiciary and condemned the attacks made by the Daily Mail and similar stories in the newspapers Daily Express and The Sun . Truss's brief response was seen as inadequate. Former Conservative minister Anna Soubry said that Truss "has a duty to condemn the vilification, including a homophobic attack, of our judiciary". [15]

The government appealed against the High Court decision. In January 2017, the Supreme Court dismissed the appeal, which Lord Neuberger summarised as "the government cannot trigger Article 50 without an Act of Parliament". [16] The same month, the Bar Council launched a scheme to teach secondary school children about the importance and impartiality of the British judiciary. [17] Slack was later appointed as prime minister Theresa May's official spokesman. [18] [19] [20]

Truss later told the House of Lords Constitution Committee: "I think it is dangerous for a Government minister to say 'this is an acceptable headline and this isn’t an acceptable headline' because I am a huge believer in the independence of the judiciary, I am also a very strong believer in the free press". [21] Lord Thomas condemned Truss's comments, saying she was "completely and utterly wrong" to say the media could not be criticised. [22]

On 19 April 2017, following the Prime Minister's decision to call a snap election, the Daily Mail ran a similar Brexit-related headline, "Crush the Saboteurs". This did not attack the judiciary but focused on the "unelected" House of Lords and called people who voted for Britain to remain in the EU "remoaners". [23] The Mail defended its headline, describing criticism of it as left-wing "hysteria"; after the headline was compared to the rhetoric of Joseph Stalin, the Mail responded by pointing out that it was opposed to genocide. [24] May distanced herself from the sentiments of the headline, saying it was an inaccurate summation of her reasons for calling a general election. [25]

In November 2023, Conservative MP Brendan Clarke-Smith reacted to the Supreme Court's blocking of the Rwanda asylum plan by sharing an image of the headline [26] accompanied by the caption "We've been here before". Clarke-Smith later clarified that his comment was intended as "a reminder that the people of this country have felt their democratic choices haven’t been implemented". [27]

Related Research Articles

<span class="mw-page-title-main">Enemy of the people</span> Designation for political or class opponents of a state

The terms enemy of the people and enemy of the nation are designations for the political opponents and for the social-class opponents of the power group within a larger social unit, who, thus identified, can be subjected to political repression. In political praxis, the term enemy of the people implies that political opposition to the ruling power group renders the people in opposition into enemies acting against the interests of the greater social unit, e.g. the political party, society, the nation, etc.

<span class="mw-page-title-main">Terence Etherton, Baron Etherton</span> British former judge

Terence Michael Elkan Barnet Etherton, Baron Etherton, is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court from 2013 to 2016.

<span class="mw-page-title-main">Supreme Court of Bangladesh</span> Highest court of Bangladesh

The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of November 2023, there are 6 Justices in Appellate Division and 89 Justices in High Court Division.

Paul Michael Dacre is an English journalist and the former long-serving editor of the British tabloid the Daily Mail. He is also editor-in-chief of DMG Media, which publishes the Daily Mail, The Mail on Sunday, the free daily tabloid Metro, the MailOnline website, and other titles.

<span class="mw-page-title-main">Court of Justice of the European Union</span> Institution of the European Union that encompasses the whole judiciary

The Court of Justice of the European Union (CJEU) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the Civil Service Tribunal. It has a sui generis court system, meaning 'of its own kind', and is a supranational institution.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

<span class="mw-page-title-main">Liz Truss</span> Prime Minister of the United Kingdom in 2022

Mary Elizabeth Truss is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office she stepped down amid a government crisis, making her the shortest-serving prime minister in British history. The member of Parliament (MP) for South West Norfolk since 2010, Truss previously held various Cabinet positions under three prime ministers—David Cameron, Theresa May and Boris Johnson—lastly as foreign secretary from 2021 to 2022.

<span class="mw-page-title-main">Craig Whittaker</span> British politician (born 1962)

Craig Whittaker is a British politician who served as Government Deputy Chief Whip and Treasurer of the Household from September to October 2022. A member of the Conservative Party, he previously served as a Lord Commissioner of the Treasury from January 2018 to April 2019 and again from July to September 2022. Whittaker was first elected as the Member of Parliament (MP) for Calder Valley in 2010. He retained the seat in the 2015, 2017 and 2019 general elections.

<span class="mw-page-title-main">Gareth Johnson</span> British politician

Gareth Alan Johnson is a British politician and former lawyer who served as Parliamentary Under-Secretary of State for Courts from September to October 2022. A member of the Conservative Party, he previously served as a Lord Commissioner of the Treasury from February to September 2022 and Assistant Government Whip from 2018 to 2019 and 2021 to 2022. Johnson was first elected at the 2010 general election as the Member of Parliament (MP) for Dartford, winning the seat from Labour. He has been supportive of Leave Means Leave, a Eurosceptic pressure group.

<span class="mw-page-title-main">Mogoeng Mogoeng</span> Chief Justice of South Africa

Mogoeng Thomas Reetsang Mogoeng is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021.

<span class="mw-page-title-main">Victoria Prentis</span> British politician

Victoria Mary Prentis, is a British politician who has served as the Attorney General for England and Wales since October 2022. Prentis has served as the Member of Parliament for Banbury since 2015. She is a member of the Conservative Party.

<span class="mw-page-title-main">Polish Constitutional Tribunal crisis (2015 – ongoing)</span>

The Polish Constitutional Tribunal crisis has been an ongoing political conflict in Poland starting in the second half of 2015 over the appointment of five of the 15 judges of the Constitutional Tribunal.

<span class="mw-page-title-main">United Kingdom invocation of Article 50 of the Treaty on European Union</span> Invocation of the EUs withdrawal process for "Brexit"

On 29 March 2017, the United Kingdom (UK) invoked Article 50 of the Treaty on European Union (TEU) which began the member state's withdrawal, commonly known as Brexit, from the European Union (EU). In compliance with the TEU, the UK gave formal notice to the European Council of its intention to withdraw from the EU to allow withdrawal negotiations to begin.

<span class="mw-page-title-main">David Maraga</span> 14th Chief Justice of the Republic of Kenya

David Kenani Maraga is a Kenyan lawyer and jurist. He was the 14th Chief Justice and President of the Supreme Court of Kenya from October 2016 until his retirement in January 2021.

<i>R (Miller) v Secretary of State for Exiting the European Union</i> Constitutional decision of Supreme Court

R (Miller) v Secretary of State for Exiting the European Union is a United Kingdom constitutional law case decided by the United Kingdom Supreme Court on 24 January 2017, which ruled that the British Government might not initiate withdrawal from the European Union by formal notification to the Council of the European Union as prescribed by Article 50 of the Treaty on European Union without an Act of Parliament giving the government Parliament's permission to do so. Two days later, the government responded by bringing to Parliament the European Union Act 2017 for first reading in the House of Commons on 26 January 2017. The case is informally referred to as "the Miller case" or "Miller I".

<span class="mw-page-title-main">James Slack</span> British journalist and government spokesman

James Slack is a British political advisor and journalist who served as Downing Street Director of Communications for Prime Minister Boris Johnson between January and March 2021.

<span class="mw-page-title-main">Gina Miller</span> British business owner (born 1965)

Gina Nadira Miller is a Guyanese-British business owner and activist who initiated the 2016 R (Miller) v Secretary of State for Exiting the European Union court case against the British government over its authority to implement Brexit without approval from Parliament.

<span class="mw-page-title-main">European Research Group</span> Eurosceptic faction within UK Conservative Party

The European Research Group (ERG) is a research support group and caucus of Eurosceptic Conservative Members of Parliament of the United Kingdom. The journalist Sebastian Payne described it in the Financial Times as "the most influential [research group] in recent political history".

On 28 August 2019, the Parliament of the United Kingdom was ordered to be prorogued by Queen Elizabeth II on the advice of the Conservative prime minister, Boris Johnson – this advice was later ruled unlawful. The prorogation, or suspension, of Parliament was to be effective from some point between 9 and 12 September 2019 and would last until the State Opening of Parliament on 14 October 2019. As a consequence, Parliament was suspended between 10 September and 24 September 2019. Since Parliament was to be prorogued for five weeks and reconvene just 17 days before the United Kingdom's scheduled departure from the European Union on 31 October 2019, the move was seen by many opposition politicians and political commentators as a controversial and unconstitutional attempt by the prime minister to avoid parliamentary scrutiny of the Government's Brexit plans in the final weeks leading up to Brexit. Johnson and his Government defended the prorogation of Parliament as a routine political process that ordinarily follows the selection of a new prime minister and would allow the Government to refocus on a legislative agenda.

<i>R (Miller) v The Prime Minister</i> and <i>Cherry v Advocate General for Scotland</i> 2019 UK Supreme Court constitutional law cases

R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland, also known as Miller II and Miller/Cherry, were joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by the prime minister, Boris Johnson, to Queen Elizabeth II that Parliament should be prorogued in the prelude to the United Kingdom's withdrawal from the European Union was lawful.

References

  1. 1 2 Phipps, Claire (4 November 2016). "British newspapers react to judges' Brexit ruling: 'Enemies of the people'". The Guardian. Retrieved 3 February 2017.
  2. ↑ Fay, Stephen (March 2017). "Moralist, monarchist and Brexiteer-in-chief". The Oldie : 34.
  3. 1 2 3 "Daily Mail's 'Enemies of the People' front page receives more than 1,000 complaints to IPSO". The Independent. 10 November 2016. Retrieved 3 February 2017.
  4. ↑ "Is Donald Trump 'Mr. Brexit'?". The New York Times. 27 January 2017. Retrieved 3 February 2017.
  5. ↑ Duffy, Nick (3 November 2016). "The Daily Mail is very upset because an 'openly gay judge' ruled on Brexit". PinkNews . Retrieved 9 February 2017.
  6. ↑ Nelson, Sara C (3 November 2016). "MailOnline Attacks Brexit Judge For Being 'Openly Gay'". Huffington Post . Retrieved 9 February 2017.
  7. ↑ Blair, Olivia (4 November 2016). "J. K. Rowling responds perfectly to Mail Online headline referencing judges's sexuality after Brexit High Court ruling". The Independent . Retrieved 9 February 2017.
  8. ↑ "Former Lord Chief Justice Attacks Homophobic Campaign Against Brexit". Pink News. 8 November 2016. Retrieved 14 February 2017.
  9. ↑ Breeze, Ruth (April 2018). ""Enemies of the people": Populist performances in the Daily Mail reporting of the Article 50 case". Discourse, Context & Media. 25: 60–67. doi: 10.1016/j.dcm.2018.03.008 .
  10. ↑ "People are furious at the Daily Mail front page branding the Article 50 judges 'Enemies of the People'". Business Insider. 4 November 2016. Retrieved 3 February 2017.
  11. ↑ "Attacks on judges undermine law – Supreme Court president". BBC News. 16 February 2017. Retrieved 16 February 2017.
  12. ↑ Worley, Will. "Liz Truss breaks her silence but fails to condemn backlash over Brexit ruling". The Independent. Retrieved 11 February 2017.
  13. ↑ "Liz Truss defends judiciary after Brexit ruling criticism". The Guardian. 5 November 2016. Retrieved 11 February 2017.
  14. ↑ "Brexit ruling: Lord Chancellor backs judiciary amid row". BBC News. 5 November 2016. Retrieved 3 February 2017.
  15. ↑ "Brexit: lawyers confront Liz Truss over 'dangerous' abuse of judges". The Guardian. 5 November 2016. Retrieved 3 February 2017.
  16. ↑ "Brexit: Supreme Court says Parliament must give Article 50 go-ahead". BBC News. 24 January 2017. Retrieved 3 February 2017.
  17. ↑ "Barristers launch PR drive in schools to explain why judges are not the 'enemies of the people'". The Daily Telegraph. 24 January 2017. Retrieved 3 February 2017.
  18. ↑ McTague, Tom (31 January 2017). "Theresa May gets her Alastair Campbell". Politico. Retrieved 31 January 2017.
  19. ↑ Asthana, Anushka (31 January 2017). "Journalist James Slack tipped to become Theresa May's spokesman". The Guardian. Retrieved 31 January 2017.
  20. ↑ "James Slack will be the new Prime Minister's Official Spokesperson". H,M. Government. 10 February 2017. Retrieved 10 February 2017.
  21. ↑ "Liz Truss defends press after Brexit ruling criticism". The Press Gazette. 1 March 2017. Retrieved 5 April 2020.
  22. ↑ Bowcott, Owen (22 March 2017). "Lord chief justice attacks Liz Truss for failing to back article 50 judges". The Guardian. Retrieved 27 April 2017.
  23. ↑ Poole, Steven (19 April 2017). "Crush the saboteurs! How hard-Brexit rhetoric turned Leninist". The Guardian. Retrieved 27 April 2017.
  24. ↑ York, Chris (20 April 2017). "Daily Mail Helpfully Clarifies It Is Not Calling For Genocide". HuffPost UK . Retrieved 29 September 2022.
  25. ↑ Ponsford, Dominic (20 April 2017). "Daily Mail mocks left-wing 'hysteria' over 'language of fascism' it stands by 'crush the saboteurs' front page". Press Gazette . Retrieved 29 September 2022.
  26. ↑ Self, Josh (15 November 2023). "Does Rishi Sunak have a Rwanda 'Plan B'? Because his backbenchers do". Politics.co.uk.
  27. ↑ Heren, Kit (15 November 2023). "'Ignore the laws and put the planes in the air now': Tory fury after Supreme Court rules against Rwanda migrant plan". LBC.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.