SOCIALIST UNITY

Shaking with anger, a private security guard called Bill Gambling,who is employed by InSwindon – formerly the Town Centre Management Company – said to me on Saturday in front of witnesses: “I WILL kill you and there is nothing you can do to stop me!”

Bill twice confronted leafleters from the Swindon Stop the War Coalition, and told us he would not permit us to leaflet. On the second occasion he spoke to me, and I explained that because our leaflets were political he had no power to prevent us handing them out in the Town Centre under the Clean Neighbourhoods and Environment Act 2005

I also explained that there had been a full page article in the local paper, the Swindon Advertiser, about this issue. In fact the article, dated 5th February 2008, included the admission by Bernie Maguire, the town centre manager, that: “Charities are exempt from the Act under this legislation.” (and so of course are political and religious groups)

The matter had also been raised as a question to a full meeting of the council, and the cabinet member responsible has agreed that political, religious and charity leafleting is permitted. The Conservative leader of the council, Roderick Bluh, has also confirmed by e-mail to Swindon Trades Union Council that such leafleting is permitted.

The response by Bill Gambling to these arguments by me was to completely lose his temper, and say he wasn’t interested in the council or the law, because InSwindon had been given the contract for Swindon Town Centre.

I observed that they still have to comply with the law of the land, and cannot exceed the powers given to them by the Clean Neighbourhoods and Environment Act. All through this Bill Gambling was getting more and more angry, and was literally shaking with fury that we wouldn’t stop leafleting.

I pointed out to him that just because he had a commercial contract didn’t mean that InSwindon could act outside the law. Hoping it would be seen as an obviously ridiculous example I said that in the same way that Inswindon had to comply with the the Clean Neighbourhoods and Environment Act, they also had to comply with the law against murder, and their contract didn’t give them an exemption. At this point Bill Gambling said to me shaking with real anger “I WILL kill you and there is nothing you can do to stop me!”

Obviously I will be making a complaint about his specific behaviour. Although I am a man in my forties and able to look after myself, it was still shocking and intimidating.

But a bigger problem, is that the private company InSwindon are seeking to go further than the powers granted to them by the Clean Neighbourhoods and Environment Act, and they are sending out staff to enforce it who have clearly neither the training, not the knowledge nor the aptitude to deal with the inevitable consequences. Bernie McGuire has agreed that charities (and religious and political leaflets) are exempt from the act, but this important information has not been passed down through line management to the front line staff. This is a systemic managment failure.

Democratic freedoms that people have died for are not to be lightly abandoned, and although Swindon Stop the War Colition are not easily intimidated, other people could be.

InSwindon’s failure to understand the law can be seen from the e-mail that was sent out by Suzi Johnson to charities exempt from the ACT  in January, (InSwindon’s Marketing Assistant and in charge of the street team including Bill gambling) :

“Just for your future reference, the Cleaning Neighbourhood Act will be coming into place this year, this act prohibits anyone from distributing any literature within the town centre. This means that you will be unable to continue this kind of promotional campaign. We suggest that if you want to use the town centre in future that you come up with another method to promote the charity. We are suggesting to other companies that they produce a goody bag as this encourages the public to take the information home and not just drop it as they walk on by. Although the act has not come into place yet, we are emphasising this to companies and have started prohibiting them from distributing any leaflets. however we are being more lenient towards the charities. The Act still needs to go through consultation at Cabinet and will then come into place.”

Suzi’s boss, Stephenie Tully, Marketing & Communications Manager of InSwindon later clarified to Swindon Animal Concern:

I have always been lenient and flexible within the Terms and Conditions of Public Space Management, (these T & C’s were agreed by Cabinet and state that the Town Centre Management Team have the jurisdiction over public space management), and this leniency extends to waiving the normal fee that is charged for flyer distribution. The fee is normally charge (£20.00), but as I say we do try to discourage flyers and leaflets and only allow it, if the promotions/marketing agency/charity event organiser has not other means of budget to provide other forms of marketing. In fact I am always lenient with charities because of the nature of their work, your group and affiliated parties are no exception and are not treated any differently.

I would ask that you look at the following website and it will give you more info. www.swindon.gov.uk or go to the central government website for more info.

I have been advising people who have also questioned the possible pending changes to legislation to maybe consider placing leaflets into small logo’d bags that you hand to people, (if they ask for leaflets on the subject matter). These bags could be paper and recycled so meeting with environment ethics, this idea is no different then retailers placing their goods in carrier bags and people carrying them around the town centre.

It seems therefore that thr staff at InSwindon simply don’t understand that people handing out religious, political or charity leaflets are commiting no offence under the Act, and therefore need obtain no permission to do so.

SCHEDULE 3A Free distribution of printed matter on designated land
Offence of unauthorised distribution
1 (1) A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated.
(2) A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule.
(3) A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule.
(4) Nothing in this paragraph applies to the distribution of printed matter—
(a) by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity;
(b) where the distribution is for political purposes or for the purposes of a religion or belief.