July 29th: Today's Feature

July

Peter Herbert, OBE, is a highly esteemed British barrister and a prominent figure in the field of law and politics. Renowned for his exceptional legal expertise and unwavering commitment to social justice, he has made significant contributions to the legal system in the United Kingdom. Notably, The Independent recognised him as "one of Britain's only non-white judges," highlighting his groundbreaking achievements and the impact he has had on promoting diversity and inclusivity within the judiciary.

Career

Throughout his illustrious career, Peter Herbert has held various influential positions that have allowed him to shape the legal landscape. From 2000 to 2008, he served as an independent member and vice-chair of the Metropolitan Police Authority, where he played a crucial role in ensuring accountability and transparency within the police force. Additionally, he has served as a part-time recorder in the crown court, demonstrating his exceptional legal acumen and dedication to upholding justice.

Peter Herbert's commitment to equality and fairness extends beyond the courtroom. He has also served as a part-time immigration and employment tribunal judge, where he has tirelessly worked to protect the rights of individuals and ensure a just and equitable society. Moreover, his role as the chair of the Society of Black Lawyers exemplifies his dedication to promoting diversity and combating racial discrimination within the legal profession.

In recognition of his outstanding contributions to the legal field and his tireless advocacy for social justice, Peter Herbert was appointed Officer of the Order of the British Empire (OBE) in the prestigious 2010 New Year Honours. This esteemed accolade reflects his unwavering commitment to upholding the principles of justice and equality throughout his career.

After a remarkable and impactful career in the United Kingdom, Peter Herbert made the decision to retire from his judicial roles in 2020 and embark on a new chapter in Kenya. This move not only showcases his global perspective and desire to contribute to the advancement of justice on an international scale but also highlights his dedication to making a positive difference in the lives of individuals around the world.

In conclusion, Peter Herbert's remarkable journey as a British barrister and political activist has left an indelible mark on the legal profession and society as a whole. His tireless efforts to promote diversity, equality, and justice have earned him widespread recognition and respect. As he continues to make a difference in Kenya and beyond, his legacy as a trailblazer and champion of social justice will undoubtedly endure for generations to come.

Racism

Herbert has been a staunch advocate in the fight against racism in football through his leadership in the Society of Black Lawyers, a position he has held since 1984. His primary goal has been to ensure that every instance of "racial conflict" within the game is reported to the authorities, particularly the police. Herbert's dedication to this cause has been unwavering, and his efforts have made a significant impact in raising awareness and promoting equality within the sport.

Controversy

Herbert found himself embroiled in a heated controversy spanning from 2015 to 2017 when he dared to address the issue of racism within the British judicial system. During a passionate speech at a Defend Democracy event in Stepney, Tower Hamlets, in April 2015, Herbert fearlessly stated that racism was not only present in Tower Hamlets and Westminster but also within the judiciary itself. He went on to express his concern that ethnic minorities should not rely on a justice system that was not designed with their best interests in mind, urging them to take matters into their own hands. Additionally, Herbert criticised the decision to bar Lutfur Rahman, the former mayor of Tower Hamlets, from holding public office for five years. As a result of his bold statements, a complaint was filed against Herbert, leading to pressure from members of the judiciary to prevent him from sitting as a judge. In response, Herbert took legal action against the Ministry of Justice in 2016, challenging their recommendation for a formal warning against him.

In January 2017, the disciplinary panel investigating Herbert said he should be given an apology from "a suitable senior person" for the treatment he received from other members of the judiciary, and that he should also receive a dressing down for his comments in the speech, which were deemed to be misconduct ("because of the inferred criticism that another judge had given a judgment [about Rahman] on racial grounds") and because the speech was "likely to undermine public confidence in the judiciary". Herbert appealed to the JCIO against the decision, saying that the panel had racially discriminated against him and that their treatment of him had made him feel "like a nigger".

In his defence and as an example of double standards in the judiciary's treatment of fellow judges, Herbert pointed to Supreme Court Judge Lord Neuberger's apparent criticism of his colleague Lady Justice Hale's comments "relating to the court case on whether Parliament must be given a say on Brexit" – a criticism for which Lord Neuberger was not disciplined. Herbert received an apology from the judicial conduct investigation office in August 2020 in relation to the case. He had made claims of racism, victimisation and harassment, which were due to be heard at an employment tribunal in July 2021, but the case was settled before the hearing date. Herbert said that he had successfully held senior judges to account. The Lord Chief Justice and the Lord Chancellor said that Herbert's claims were robustly denied and that the settlement was made with no acceptance of wrongdoing or liability.

Fearless Advocate

Herbert's dedication to fighting for the rights of the black community is evident through his involvement in seeking justice for Stephen Lawrence, a murdered black teenager. He aimed to ensure that racism in football is confronted head-on, emphasising the importance of applying the law when offences occur rather than relying solely on the disciplinary procedures of the Football Association (FA). Herbert firmly believes in a transparent approach to tackling racism, advocating for a policy that leaves no room for discrimination.

Herbert's commitment to true justice and his unwavering belief in the need for a fair and equal society made him an inspiration to many. His tireless efforts to combat institutional racism and his determination to hold those accountable for their actions demonstrate his passion for creating lasting change. Herbert's support from black lawyers and campaigners globally highlights the recognition of his invaluable contributions to the fight against racism.

His fearless advocacy in the face of brutal racism from law enforcement officers and the outdated norms of the judiciary has paved the way for a more equitable and fair legal system.

Legacy

Throughout the UK and beyond, Peter Herbert has become a symbol of hope and resilience for countless black individuals who have been unfairly targeted and marginalised due to prejudice and racism. His tireless efforts to challenge systemic discrimination have not only brought about significant change but have also inspired a generation to stand up against injustice.

The name Peter Herbert has become synonymous with justice, representing a beacon of light in a world often plagued by inequality and bias. His impact will continue to resonate for years to come, reminding us of the importance of speaking out against oppression and fighting for what is right.