Enemies of the People (headline)
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"Enemies of the People" was the
headline The headline or heading is the text indicating the content or nature of the article below it, typically by providing a form of brief summary of its contents. The large type ''front page headline'' did not come into use until the late 19th centur ...
to an article by the political editor
James Slack 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. Career Previously home affairs editor of the '' Daily Mail'', ...
, which is a quote from ‘For Whom The Bell Tolls’ by Ernest Hemingway, published in the British newspaper '' Daily Mail'' on 4 November 2016. The headline and associated article were about the three judges who had ruled that the
UK Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
would require the consent of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
to give notice of
Brexit Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC ...
. 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 The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attemp ...
permitted the government to use the
royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
to invoke Article 50 (or whether it would need to be authorised by an explicit act of Parliament to do so).


Background

The headline, written by
James Slack 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. Career Previously home affairs editor of the '' Daily Mail'', ...
and approved by editor
Paul Dacre Paul Michael Dacre (; born 14 November 1948) is an English journalist and the former long-serving editor of the British right-wing tabloid the '' Daily Mail''. He is also editor-in-chief of DMG Media, which publishes the ''Daily Mail'', ''The ...
, was in response to the ruling of the
High Court 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 (England ...
in the ''Miller'' case that the government would need to gain the consent of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
before it could trigger Article 50 and exit the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
(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. The ''Daily Mail'' claimed the court's decision purposely blocked the
Brexit Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC ...
process and ran the story and headline about the three high court judges – the
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, Lord Thomas,
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
Sir
Terence Etherton Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) 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 ...
, and Lord Justice Sales. The '' Mail Online'' also initially described Etherton as an "openly-gay ex-Olympic fencer", but this was changed after criticism on social media. Former Lord Chief Justice Igor Judge said the newspaper's attacking comments, particularly the homophobia concerns, were "very unpleasant".


Aftermath

The
Independent Press Standards Organisation The Independent Press Standards Organisation (IPSO) is the regulator of the newspaper and magazine industry in the UK. It was established on 8 September 2014 after the windup of the Press Complaints Commission (PCC), which had been the main ind ...
received over 1,000 complaints about the piece, claiming it violated numerous Codes of Conduct including inaccuracy, harassment and discrimination. A ''
Business Insider ''Insider'', previously named ''Business Insider'' (''BI''), is an American financial and business news website founded in 2007. Since 2015, a majority stake in ''Business Insider''s parent company Insider Inc. has been owned by the German pub ...
'' 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. In November 2016, the Bishop of Leeds, Nick Baines said the public should be "very alarmed" over the ''Daily Mail'' piece.
Lord Neuberger David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of L ...
spoke out about the press criticism of judges in an interview broadcast by the BBC in February 2017. In response to the criticism of the High Court ruling by newspapers, including the ''Daily Mail'', the
Secretary of State for Justice The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
,
Liz Truss Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly 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 ...
issued a three line statement defending the independence and impartiality of the judiciary more than a day after being asked by the
Bar Council {{see also, Bar association A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profes ...
to comment. The chairwoman of the Bar Council, Chantal-Aimee Doerries QC, 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 Anna Mary Soubry (; born 7 December 1956) is a British barrister, journalist and former politician who was Member of Parliament (MP) for Broxtowe from 2010 to 2019. Known for her support of pro-European policies, she was originally elected ...
said that Truss "has a duty to condemn the vilification, including a homophobic attack, of our judiciary". 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". The same month, the Bar Council launched a scheme to teach secondary school children about the importance and impartiality of the British judiciary. Slack was later appointed as prime minister
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
's official spokesman. 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". Lord Thomas condemned Truss's comments, saying she was "completely and utterly wrong" to say the media could not be criticised. On 19 April 2017, following the Prime Minister's decision to call a
snap election A snap election is an election that is called earlier than the one that has been scheduled. Generally, a snap election in a parliamentary system (the dissolution of parliament) is called to capitalize on an unusual electoral opportunity or to ...
, 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 The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
and called people who voted for Britain to remain in the EU "remoaners". The ''Mail'' defended its headline, describing criticism of it as left-wing "hysteria"; after the headline was compared to the rhetoric of
Joseph Stalin Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secretar ...
, the ''Mail'' responded by pointing out that it was opposed to
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Lat ...
. May distanced herself from the sentiments of the headline, saying it was an inaccurate summation of her reasons for calling a general election.


References


External links


Are judges enemies of the people?
– Bar Council {{Brexit referendum Consequences of the 2016 United Kingdom European Union membership referendum Daily Mail Headlines November 2016 events in the United Kingdom