Dissertation in the Public Order Act 1936

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The Public Order Act, 1936

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Word Count: 9,995.

Contents

Introduction                                                                1

1 The Public Order Act, 1936: the political response                        5

2 The Public Order Act, 1936: the individual response                17

3 The Public Order Act, 1936: police enforcement                        25

Conclusion                                                                33

Bibliography                                                                34

Introduction

The motivation to engage with this project stems primarily from the fact that the Public Order Act does not elicit a great deal of coverage in the majority of academic books pertaining to political extremism in the inter-war period, despite the fact that the history of the British Union of Fascists is largely inseparable from issues of political skirmishing and public order. In very few books the Act receives a chapter, in the majority it receives even less. In my research I have not uncovered any new material or any new historiographical contentions, nor do I seek to exculpate the British Union of Fascists (BUF) from any negative stereotypes to which they are bound. My initial inclination to research this project was because I felt that something that was such a departure from the traditional British political ethos of liberalism that had increased executive power at individual expense, and the reaction that it garnered, deserved a greater deal of exposure. Indeed, Lewis concludes that the National Governments ‘more notorious legislative and procedural innovations have left a stain upon the record of civil liberties.’ Furthermore in light of the current political context I felt that it would be very fitting to investigate a topic that pertained to the invasion of and reduction of civil liberties. It is often neglected that the actively anti-Fascist NCCL were amongst the most explicit critics of the Act. To that point, the Public Order Act is very useable history.

This dissertation, through three chapters, will analyse briefly the Act itself, and more deeply, the British Union’s response both politically and individually, and consequently the effect of the Act through an array of primary sources, thereby

crafting a slightly more narrow account perhaps than is to be found in the majority of academic material. The enforcement of the Public Order Act will also be analysed. From this research this project tentatively concludes that the response to, and the effect of the Public Order Act, despite various central features, differed across Great Britain and the assorted municipalities in accordance with the region’s diverse economic, ethnic, political, social and topographical current environment. This project does realise that a definite assertion can never be reached due to the size and scope of the regional fluctuations, thus any conclusions must be reached cautiously. What should be noted also is that in this work, the effect of the Public Order Act should be understood as the response it extracted from the BUF. This project does not seek to place the Act within the context of a chronological analysis of the failure of the BUF. The demise of the BUF was brought about by myriad factors, simply put though this work is driven more by a desire to uncover the group and individual response from the BUF. The effect then of the Public Order Act will not be assessed through membership figures or sales of extreme political magazines. The attempt to gauge an effect of any political event is subjective at the best of times, and is not the concern of this work.

        Although I have stated that the Public Order Act is not extensively covered by historical academia that is not to say that I have not taken influence from specific historians. The work of Linehan, although not directly relating to the Public Order Act, has been particularly constructive. His municipal historiography allowed me to conclude that due to the geographical distance of various branches of the BUF there could be no homogenous effect that could be attributed centrally to the Public Order Act. The effect of the Act was reliant upon geographical and economic factors and

thus differed nationally. This contention was further reinforced by the work of John Brewer who researched the Birmingham branch of the BUF, and Jeff Wallder who researched the Kingston-upon-Thames branch. Linehan also led me to consider the individual effects of the Public Order Act, for example, the social responses to the withdrawal of the Blackshirt uniform and the intellectual divide within the BUF. The work of D.S. Lewis with regard to the official enforcement and effect of the act has also been illuminating and should not be underestimated.

        Problematically the Public Order Act was largely overshadowed in the contemporary media due to the Abdication Crisis. An event with which the BUF themselves were fully preoccupied with also, ironically in an attempt to capitalize on their public loyalty to the British sovereign. Because of this there is not a huge amount of primary material to engage with as perhaps there would have been in a period of lesser social crisis. Despite this the majority of my research was conducted at the University of Sheffield Repository through an investigation of the Robert Saunders Papers which are the only records for a local BUF organisation held in the United Kingdom that are largely complete. As valuable as this Dorset-West District archive was to my narrow research one cannot ignore that it is detrimental not to have a wider base of study. The University of Sheffield Repository, which holds the largest amount of Fascist and anti-Fascist material in the United Kingdom, also allowed me to research the British Union Collection, the Peroni Scrapbooks and the Blackshirts in Kingston Project respectively. Thus my historiographical method approach to the topic can be viewed solely as a history from below as determined by the sources I have employed. Due to the nature of the subject matter, the historiographical framework of the majority of secondary sources are either Public Record Office material, empirical history or history from below. For example there is nothing to compare with the functionalist vs. internationalists debate pertaining to the role of Hitler in inter-war Germany. Thus there is no room to agitate historiographical debate pertaining to the Public Order Act. Therefore as aforementioned this research project has not be opened up new areas of research nor does it claim a unique perspective. The objective of this topic then is not to contend or substantiate contemporary work but to present a more narrow perspective than one would normally find in an appropriate contemporary historical work.

        

The Public Order Act, 1936

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1

The Public Order Act, 1936: the political response

For the sake of context, and the consideration of fluency it will be necessary to examine and describe the Public Order Act of 1936 briefly. In summation, a Public Order Bill was brought to the attention of the House of Commons on 16th November 1936, the genesis of which lay largely motivated by the activities of the left-wing National Unemployed Workers’ Movement during the 1920s and 1930s. Having materialized from the committee stage the bill passed swiftly through the House of Lords in mid-December finally receiving the royal assent on 18th December. Section one made illegal the wearing of a uniform in public that could have been perceived to have political associations; however the definition of what a uniform could be was left to the discretion of the courts. Non-political uniforms, such as the Salvation Army, were exempted from this ban and prosecution was dependent upon the consent of the Attorney General. The second section made it illegal to control a group that was trained to commandeer the role of the police or the armed forces and like section one the prosecution was again dependent upon the consent of the Attorney General. Section two also made it an offence to arrange a quantity of stewards to regulate an open air meeting. But to save the unnecessary involvement of the police, during 1936 and 1937 the police in the East End were undertaking overtime three or four nights a week, a ‘reasonable number’ of persons were allowed to be employed to maintain order thus allowing a legal boundary to have been defined without the police having to commit themselves. Coincidentally the origins of this quasi-military section lay in the Unlawful Drilling Act of 1819. The third section of the Act dealt with marches and public processions and stated that if a police chief merely suspected the potential for disorder that procession could be either re-routed or completely banned for a period of six weeks. The decision would be unchallengeable in a court of law. Aside from the impact of section three on the BUF what is significant about this section of the Public Order Act is that it gave the establishment the complete wherewithal to veto demonstrations anywhere in the country, thus negating a key conduit of extra-parliamentary political expression and also reflecting the culling of a traditional political grievance. Section four of the act made the possession of an offensive weapon at a procession or public meeting illegal. The term ‘offensive weapon’ was once more left to the discretion of the courts. Similarly section five, whose origins lay in the Metropolitan Police Act of 1839 and the Town Police Clauses Act of 1847, made illegal offensive or threatening language with intent to create a breach of the peace. Further to that a potential maximum prison sentence of three months was added as a deterrent and the previous fine was increased from forty shillings to £50. Without digressing too much, the scope of this section allowed it to be a model secondary charge to gain a conviction if the primary conviction had been disregarded. Lastly, section six of the Act reinforced the 1908 Public Meeting Act.

As aforementioned the objective of this work is to portray a more developed yet narrow portrait of the Public Order Act and the response that it engendered from the BUF and its members. To that point the contentious Marxist context of the term ‘public order’ will be ignored because in essence the term ‘public order’ does invite a number of noteworthy political and ideological questions. This work is not interested with the events that built up to the Public Order Act either, purely how the BUF and the authorities responded to it, both politically and individually.

        Traditionally the catcall of the BUF was nationalism and patriotism. Despite the various troubles that had occurred at the Olympia Rally and at Aldgate, Sir Oswald Mosley was particular and consistent in confirming that the BUF were in fact the patriotic party more sinned against than sinners. This concrete patriotism is confirmed in Mosley’s response to the Public Order Act. The Saunders Papers, of which I have used extensively for the research of this project, reveal consistent precautionary measures in the form of Special NHQ Instructions sent out during December 1936 prior to the instalment of the Act demanding that in accordance with government wishes members of the BUF do not wear the Blackshirt uniform in public. This calculated demonstration of respect for the law is illustrated most vividly through the comprehensive Special Instruction sent out to all Districts, from the Director-General of Organisation, Francis-Hawkins, on the 31st December 1936 which states that ‘As it is the consistent policy of the Movement to obey the law of the land the black shirt uniform therefore, must not be worn’. The instruction also notes that the Blackshirt uniform is illegal but an ordinary black shirt with a tie worn under a suit is not. The conclusion of the instruction is that the ‘organisation is not otherwise affected.’ This is evident bravado and propaganda because if the party really were

otherwise unaffected then the BUF would not have to comprehensively reorganise and rename various sections of their organisation which Francis-Hawkins admitted might be misconstrued as illustrating a ‘quasi-military organisation’. The title of Chief Contact Officer was to be changed to Contact Administration and the London Command to London Administration amongst various other amendments. Thus the initial political response of the BUF is at once cosmetic and extensive in order to stress the electoral and political role of the party; the whole Movement is affected from the youth section to the Action sellers. The BUF suspends its’ previous Constitution and Regulations from December 31st. This response differs quite thoroughly from the more relaxed individual responses which will be assessed in the second chapter.

Further correspondence and Special Instruction sent to Saunders and all other Districts reveal the escalation in perceived seriousness of the Public Order Act by the BUF. What they also reveal is that the ban on uniforms was taken more seriously than the other aspects of the yet-to-be introduced Act. Prior to the abovementioned Special Instruction there was a release on the 30th December from the Secretary and Director, stating that only Action Sellers should not wear their Action Press uniform until the legality of the uniform situation had been finalised. This was followed by the extensive circular on the 31st which basically made the skeleton of the BUF temporarily redundant. On the 23rd January 1937 a Special NHQ Instruction passed on from Saunders to various members of his Dorset- West District from the Assistant Director-General of the Organisation highlights that in contrast to the 31st December Special NHQ Instruction ‘an ordinary blackshirt with tie, and/or Armlet with Flash and Circle will not be worn in any public places, i.e. in the streets or at public meetings.’ The underlying message of this is not a huge departure from the instruction of a month prior, but it is a departure nonetheless and does further establish that the Public Order Act was something that perhaps Mosley knew was legally inescapable. This line of reasoning is strengthened by the fact that the problem of political uniforms was not a new concern for the BUF. On the 20th May 1936 Saunders received an Instruction from the Department of Organisation stating that Action Press Uniform should be used on sales drives and demonstration parades but nor marches or at meetings for stewarding duties. It seems the Movement even at this point is aware of the problems of appearing excessively militarised, as the Action Press Uniform was distinctively more services in appearance than the regular BUF kit. However, much like the instruction of 31st December 1936 which attempted to maintain that the uniform ban was temporary, the instruction of 22nd January from Lt. Col. Sharpe claims that the uniform ban is only pending the decision of a test case. Again, this appears to be propaganda but Pugh argues that Mosley was in fact quite positive about legally prevailing against the ban which the BUF thought would be dead within the year, following on from misinformed legal advice. If this is true then why are circulars that warn of wearing the Action uniform too much being sent out in May 1936? Furthermore the language of the previous source from Sharpe is indicative that the BUF were not actually that certain of defeating the ban. The language employed is very final and the source is a distinct deviation from the December instructions which at least spoke in a language that reflected an aura of assuredness. In contrast to this, Pugh’s point would appear to be supported by the fact that on 25th January 1937 Mosley spoke at Hornsey Town Hall wearing a black shirt and black tie with a suit and defied the government to arrest him. It seems rather peculiar as to why Mosley would want to antagonise the authorities other than as Pugh suggests he wanted to provide a figurehead of rebellion against a government Mosley had to appear to despise, however facile or nascent in reality. Certainly this is strengthened by the fact that the BUF as a group were thoroughly discouraged from wearing the old uniform in public, as supported by the primary sources previously analysed, but it also supports the point that Mosley and the BUF leadership were worried about the strength of the Act and wanted to avoid additional censure at all costs, hence the change in tone and content of the sources. Obviously the historian must be wary of speculation but that Mosley defied the government in such a manner does lend itself to a political and purposeful deviation from the official rhetoric of the Special Instructions, something that Mosley himself would regret later in the controversial Skidelsky biography.

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This increased awareness of this perceived threat and the need not to offend against it is also evident in the correspondence that relates to the stewarding of various meetings. A Special Instruction to stewards at indoor meetings is sent to Saunders on the 31st May 1937, describing the desired conduct of stewards stating that they ‘will wear neither the black shirt nor any other distinguishing sign’, and also that ‘all interrupters are to be warned TWICE FROM THE PLATFORM before any action is taken.’ The instruction finally states rather obviously that ‘No steward in the performance of his duties is entitled ...

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