MAGISTRATES & OPERATION BLACK VOTE

 

22. Jan. 2010. – 13:41:24

In our country there are some who say that all appointed officials whether they are school governors, members of the various health service committees or indeed any advisory body or similar should be representative of the society in which they live. For the rabble rouser that is indeed a worthy slogan but it had most significance when it became the rallying cry of the colonials in Boston in 1773..."no taxation without representation". However in a truly free society it would be beyond the ridiculous if representative became the major watchword in such appointments minimising ability. Such reactions are currently fuelling debates on whether or not eg universities should reduce entry standards for pupils from schools with relatively low academic standards or higher than average numbers of children entitled to free school dinners. With a limited number of places available every offer to such a "deprived" pupil reduces the availability of a place to a "non deprived" pupil with higher levels of achievement. Positive discrimination in America has been criticised by many independently high achieving black people but that is a controversial area where I will not go further.

But it is one of those proponents of Afro American advancement, Al Sharpton, who officiated at a recent reception to celebrate the appointment of 50 black magistrates. In this instance the term "black" embraced various shades of brown as many of the new appointees were of Asian origin. This was a final scene from an Operation Black Vote shadowing scheme. A government minister told them they had successfully changed the face of the magistracy. OBV director Simon Woolley said that the unique partnership had radically changed the magistracy. He commented: ‘Martin Luther King had a dream – and you are part of that dream. But he had more than a dream; he had a plan".

It would seem that ideas and actions from America are being imported and accepted into this country which has such a different history with regard to race relations. Contact with foreigners of whatever race has been endemic for a trading nation. Unlike America whose black population was originally imported as slaves for the plantations of the southern states and whose freedom was as a result of a civil war which killed more Americans than WW1, WW2, Korea and Vietnam combined our citizens of Asian and Afro Caribbean origin were either invited here to work or were welcomed as refugees from the sub continent or East Africa. The truly racial hatred which existed and to a degree still lurks under the surface in the USA existed here only in the hearts of a small percentage of bigots. They are of course unfortunately still around often to be discovered under a stone labelled BNP.

The National Black Police Association states on its website:-

“The NBPA will work in the interests of the UK police services and be an integral partner to ensure equitable service for all and for the Black and Minority Ethnic (BME) staff who we represent.

We will also advocate the needs and expectations of BME
communities by delivering and supporting strategies and
initiatives which have a positive impact on all”

How long will it be before what could be described as a divisive action will be undertaken by those at the ceremony and the hundreds if not thousands of current JPs who have performed and are performing their duties as Magistrates, not black magistrates, not Asian magistrates, not Muslim magistrates, not Hindu magistrates but simply magistrates.

It is unknown whether the various Appointments Committees were in any way "directed" however obtusely in this "Operation Black Vote". It is unknown whether any of the successful candidates was appointed purely on merit or would have applied without OBV. In my opinion the doubts raised by this process should be answered.

During the celebrations Justice Minister Bridget Prentice noted that a survey of magistrates found that 97% of JPs would recommend it to a friend. Aside from the fact that the Magistracy cannot be considered as one would consider a brand of margarine I would state that neither I nor my local colleagues nor JP contributors to the Magistrates Association private Forum seems to have heard of such a survey. Perhaps a colleague with knowledge will comment.

Some would say " Appearance is all". To that extent OBV has been a resounding success but at what cost?