Labour Party

By Joe Langabeer

Every couple of years, we see a phrase enter the pantheon of political discourse that is jumped on by both politicians and the media. Whether it be a slogan, such as “Brexit means Brexit”, or a phrase that masks the real complexity of political events, like “wokeness”. Every so often, you see these phrases and think little of them, but they manage to influence certain sections of the public into a way of thinking that the right wing want to encourage.  

Now, we see the phrase “two-tier” everywhere. First used by the media, now both Tory and Labour politicians are using the phrase. Why? It turns out that, according to the likes of Nigel Farage, Robert Jenrick and other right-wing headbangers, the police and the justice system seem to prefer arresting white men rather than ethnic minorities, creating, in their eyes, an “unfair system” for potentially ‘nefarious’ purposes by the state.

While this phrase had been used prior to the events of 2024, it became popularised during the far-right riots last summer. In the eyes of the right-wing, some people were arrested “only” for posting on social media, even thought they were racist dog-whistles, with the deliberate aim of stoking up further hatred towards migrants and accelerating the ferocity of the riots. The right wing have argued that when people were protesting over the genocide in Gaza, very little action was taken by the police to “stop” them, even though people were exercising their democratic right to peacefully protest.

Hate speech on line aimed to fuel riots

This is actually not true, because even now Gaza protesters are increasingly facing draconian measures by the police to dissuade them from attending protests. But when a person was fuelling hate speech online, or, as with the rioters, damaging property and attempting violently assault, the arrests were seen as a ‘step too far’. Indeed, Elon Musk chimed claimed at the time that it was ‘two-tier policing’ because it was ‘white people’ being arrested more than minorities — completely missing what the riots were about in the first place.

Two-tier policing, sentencing, or anything else described in such terms, has become a bit of a far-right conspiracy theory that much of the media class seems happy to ignore. Worse still, some believe in the conspiracy themselves. A conspiracy in which white people are being treated as second-class citizens by the state, with the police and justice system unfairly targeting them in favour of defending minorities.

It echoes the same rhetoric as the “Great Replacement Theory” (often abbreviated to GRT) — a far-right conspiracy theory in which a country’s natives are replaced by immigrants, often through secretive government decisions. Again, it is no more than a racist dog-whistle. Two-tier policing carries the same undertones, but it is not receiving anywhere near the level of condemnation that GRT did.

Now, the phrase has even reached the corridors of Parliament. The independent Sentencing Council has put in place guidelines such that, from April, a pre-sentence report will “usually” be necessary before handing out punishment to someone from an ethnic, cultural or faith minority, alongside women and young adults. It would then require judges to look at the report to reduce bias when delivering a verdict, by having more robust information at hand.

Who can peddle the biggest conspiracies?

As you would expect, figures like Jenrick have flown into a rage over these guidelines, suggesting that it will be a “blatant bias” against Christians and straight white men. Remember, this is the same Jenrick who, during the riots, believed that people who shout “Allahu Akbar” (God is great) should be immediately arrested.

But rather than standing up to these racist characters, who clearly aim to outdo each other on who can peddle the biggest conspiracy, Labour leaders are cowering. The Justice Secretary, Shabana Mahmood, is set to introduce legislation that will essentially overturn the Sentencing Council’s decision — effectively ignoring the purpose of an “independent” body, purely to appease racists on the right.

Even Starmer has got himself involved, issuing a thinly-veiled threat to the Council, arguing that “all options are on the table” in an attempt to subvert the guidelines. Diane Abbott, to her credit has attacked Labour leaders over their meddling in what is supposed to be an independent body.

It is a disgrace that Labour ministers should give credence to this type of conspiracy theory. Even right-wingers cannot make their minds up on how it is used. Farage argues that there are two-tier policing and sentencing, where white people receive harsher punishments. But he also believes that *he* has been “two-tiered”, referring to the woman who threw a milkshake over him during the 2024 general election and was spared jail. Farage — a multi-millionaire who is now running one of the largest parties in Britain — believes he is a second-class citizen. Oh, the irony.

There really is a two-tier system, but not the one Farage sees

The reality of his use of the phrase “two-tier” is that Farage wants to see tougher sentences for the people he uses to scapegoat the economic crisis of capitalism, such as migrants. He also wants to arrest anyone who disagrees with his politics. Not that I would condone throwing a milkshake — that will only increase his support base — but it’s hardly a case study of a two-tier justice system.

The reality is that there is a two-tier system in this country. But it doesn’t favour ethnic minorities, and nor does it favour the poor or the working class: it favours the class represented by the likes of Farage and Jenrick.

In a review from the Youth Justice Legal Centre, which discusses a report from the Sentencing Academy in 2021, it was found that people from a BAME background were being sentenced at a comparatively higher rate — 39% more than white offenders — and the odds of BAME offenders receiving custodial sentences for drug offences were more than double that of white offenders.

Further research from the Equal: Action for Race Equality campaign group, alongside Manchester Metropolitan University, found that Black African and Black Caribbean defendants are 2.8 and 3.7 times more likely to be remanded in custody, compared to 1.6 times for White British people. If you are Bangladeshi, Pakistani or Black Caribbean, you are likely to receive a sentence that is 4–11% longer than your white counterpart.

Black African and Indian defendants are also more likely to plead not guilty than white defendants, yet they receive less support for their defence and are more likely not to have a solicitor. This is often a cost issue, and on average Black and Asian families are poorer than their white counterparts — a disparity particularly worsened during the austerity period and the COVID-19 pandemic.

More likely to face jail if you’re poor or Black

When you combine being from an ethnic minority with living in poverty, your chances of going to prison are higher. A report from Cardiff University in 2021 found that you were ten times more likely to go to prison if you lived in one of the most deprived local authorities in England (307 prisoners per 100,000), compared to the least deprived local authorities (30 per 100,000).

I won’t go into the systemic racism and discrimination that exists in policing — that has already been covered by a plethora of reports — but even once you pass that process and land in court, you are more likely to face jail simply because you are poor or from an ethnic minority. That is the true meaning of a “two-tier” system — not the twisted version the right keeps wishing it to be.

The labour movement should be opposed to Starmer’s meddling with the new guidelines. All he is doing is appeasing the right and allowing bias to continue in a system already heavily skewed against minorities and the poor. But it should also be a wake-up call to this government to support the people being incarcerated by the state.

Punishment has never been — and will never be — the answer, when it makes people more isolated, poorer, and with more limited opportunities. Rather than allow people to be trapped in a vicious cycle where they keep ending up in prison purely out of survival, Labour should be addressing the social causes of crimes, like poor  housing, rogue landlords, poverty, low wages and generalised insecurity.

People have to be given a better outlook: decent jobs that pay, better protections at work, better living conditions. No-one should have to turn to crime just to put food on the table or stop the roof from caving in. Many poor people end up in prison only because they are doing what they have to do to survive.

The reality of the “two-tier” system is one where millionaire bosses are protected by the justice system, and the poorest are attacked by it. The rich get richer, while the poor get poorer. Only socialism can break it.