Yesterday I Tweeted about the fact that I was a 44 year old barrister watching Paddington Bear on my iPad whilst on the train. This provoked nearly 60 responses on Twitter. Far more than any uttering I may have made about Legal Aid and the CBA ballot (ok this may be a lie, but it helps me make the point and gives me a cracking title so cut me a bit of slack).
The last two weeks have seen urgent and urging missives flying hither and thither about the decision that faced the criminal bar. Ultimately 45% of CBA members voted in the ballot. A pretty decent turnout for a general election but a surprisingly low number for the effort put in by some on both sides of the divide. I don’t ascribe to the “you can’t just snipe from the sidelines, stand for office” line (which comes as no surprise, as I am someone who sits on the sidelines like the worst kind of father of a seven year old footballer), however clicking a link and filling in a form was not the most arduous of commitments for the CBA membership.
I suppose it may not represent lethargy and apathy. People may have been turned off by this endless, bitter battle against cuts in recent years. People may have abstained, finding neither the wording of the question nor taking no action as representative of their own view. That is not to criticise the question. It is just a realistic analysis of what some may have thought.
However, the CBA is a representative body and they asked their membership how they wanted that representation to be performed. There was a democratic vote and the decision was in favour of direct action. To their massive credit the CBA Exec have acted upon this and produced a protocol. Furthermore, and I cannot emphasise how grateful the “yes” campaigners should be for this, they have indicated that they will individually observe the protocol. I commend them for the dignity of that response and for the leadership it shows.
We cannot ignore the fact that some voted yes, some voted no and some did not vote. So what are individuals to do? The CBA represent their membership, they do not govern them.
I suppose there are four options.
- Work as normal.
- Observe the protocol in its entirety.
- Only adopt a policy of “no returns”.
- Only adopt a policy of no new work post 01/07.
If you have read any of my non-animated-bear related posts you will not be surprised that I urge everyone, including the “no” voters and the abstainers to adopt the protocol in its entirety. I have seen little by way of people saying that the recent cut is a positive thing. So the aim of the action will be laudable, to one extent or another, in the eyes of most. This is the approach the CBA membership have chosen, the choice being made in the most appropriate fashion.
I was vehemently opposed to the deal. However, once the membership had been balloted, I did not agitate for further, continued action. It would seem the view from the North is often, collectively, a militant one. Not for one moment did anyone try to derail the deal by carrying on action post the ballot on the deal. By the same measure that bound us to that, perhaps the doubters will engage with the current action.
As far as those that do not want to adopt the protocol, and I urge you to think very carefully about that, then perhaps it will be important for you to consider whether you are would be prepared to take a case which you know is available because other people are observing the protocol. What would you do, you may ask yourself, if offered a return in Manchester? These are matters for individuals to decide. The only thing I ask is for you to think about it.
A profession committed to “no returns” is capable of speeding this matter to a conclusion. I welcome the announcement by the BFG, the CLSA, the LCCSA, the HRBL and the CBA of a joint approach on this issue. Long overdue and entirely the right way forward. (In case you are wondering, the HRBL is the Home for Retired Bears in Lima. Aunt Lucy is with us, all the way).
Perhaps the threat and reality of “no returns” adds a little of Paddington’s hard stare to the negotiators’ armoury?