Article
Comment
Community
Grenfell disaster
Justice
4 min read

Grenfell – what should happen now?

Six urgent priorities that should follow the Inquiry

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A tube train runs on a raised track, in the distance is a tower block wrapped in white material with a green heart on it.

I remember standing at the base of Grenfell Tower on the morning of the 14th June 2017, talking with firefighters, gathering clergy to act as emergency volunteers, praying with evacuees from the surrounding blocks, as the building still smouldered. At the time the question on everyone’s lips was: how could something like this happen in sophisticated twenty-first century Britain? 

Now we know. 

In one sense the Public Inquiry into the Grenfell tower fire told us nothing new. Few people who have followed the Inquiry over the last six years will have been surprised by its conclusions. What is new is to see the dreadful catalogue of ‘incompetence dishonesty and greed’ laid out in excoriating detail for all to see. 

So what should happen now? At least six things must be on the agenda: 

  1. Combustible cladding on remaining buildings around the country should be removed as soon as possible. Government estimates suggest there are 4,600 buildings around the country with unsafe cladding. Less than one third of them have had their remediation completed, and work is yet to start on half of them. And, astonishing as it may sound, this is now more than seven years after Grenfell. Cladding that is illegal on new buildings can still remain on existing ones. Developers and owners who are responsible for this state of affairs should be made to pay for the remediation rather than passing those costs on to leaseholders, or delaying remediation for technical and bureaucratic reasons. Institutional resistance to this, as outlined recently by Michael Gove, someone who from my dealing with him on Grenfell, was one of the better politicians to deal with this issue, has to be overcome with urgency. 

  2. Prosecution of those who have been identified in the inquiry as bearing responsibility for the fire should also be brought as soon as possible. The police investigation suggests that it will be a number of years before court cases take place. The victims of this tragedy have already had to wait seven long years and now face the prospect of another three or even more years until justice is served. That is too long.  

  3. Those named and shamed in the report should examine their own hearts. Some remorse and apology has been evident from some, but not enough. Many still deny responsibility despite seven years of evidence-gathering. This is not a matter of revenge, but an indispensable step towards justice for everyone. Those named have presumably carried a burden of guilt over these past years. The Christian doctrine of repentance, confession and absolution tells us that there is a relief in finally admitting culpability, bearing the penalty, and finally, once all this has happened, receiving a measure of absolution.  

We might look back on Grenfell as a turning point in our life together: a fitting memorial for those who tragically died on that terrible night. 

  1. The companies involved often have big pockets and the bereaved and survivors are ordinary people without the resources to pay expensive legal fees. The government should set aside a sum of money to enable victims, if they wish, to bring a civil case against those accused in the report. Arguably this should have happened many years before to speed up the process of justice.  

  2. A wider debate needs to take place in our society as to how we place love for neighbour at the heart of national life. A libertarian individualism which focusses on personal fulfilment and a view of freedom as doing what we like as long as we don’t harm others, rather than freedom to do the good has led us to this point. What would it mean in company law, for example, for each business or institution to have to explain how it is seeking the genuine welfare of its staff, clients and customers, not as an add on in their ESG agenda, but as the primary purpose of the organisation?  

  3. We need a spiritual renewal. Toleration rather than persecution of the neighbour was a good legacy of the Enlightenment, but it is not enough to build a well-functioning society. We are commanded not just to tolerate our neighbours but to love them. And this only be justified if my neighbour has ultimate transcendent value. The new atheism was an act of cultural vandalism, undermining faith in God, an objective basis for each human life, and having nothing to replace it with. As Nick Cave recently put it: “People need meaning. And secular society has not come up with the goods.” This is why religious traditions including Christianity have tended to link love for God to love for neighbour. What that spiritual renewal looks like is hard to tell, and yet we have perhaps seen a stirring of it in recent times.  

If something approaching those six things happened, then we might look back on Grenfell as a turning point in our life together: a fitting memorial for those who tragically died on that terrible night.

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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