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A New Agenda For Football Crowd Management Reforming Legal and Policing Responses To Risk Geoff Pearson Full Chapter PDF
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PALGRAVE STUDIES IN RISK, CRIME AND SOCIETY
A New Agenda
for Football Crowd
Management
Reforming Legal and
Policing Responses to Risk
Geoff Pearson · Clifford Stott
Palgrave Studies in Risk, Crime and Society
Series Editors
Kieran McCartan
Department of Criminology
University of the West of England
Bristol, UK
Beth Weaver
School of Social Work and Social Policy
University of Strathclyde
Glasgow, Lanarkshire, UK
Risk is a major contemporary issue which has widespread implications
for theory, policy, governance, public protection, professional practice
and societal understandings of crime and criminal justice. The potential
harm associated with risk can lead to uncertainty, fear and conflict as well
as disproportionate, ineffective and ill-judged state responses to perceived
risk and risky groups. Risk, Crime and Society is a series featuring mono-
graphs and edited collections which examine the notion of risk, the risky
behaviour of individuals and groups, as well as state responses to risk and
its consequences in contemporary society. The series will include critical
examinations of the notion of risk and the problematic nature of state
responses to perceived risk. While Risk, Crime and Society will consider
the problems associated with ‘mainstream’ risky groups including sex
offenders, terrorists and white collar criminals, it welcomes scholarly
analysis which broadens our understanding of how risk is defined, inter-
preted and managed. Risk, Crime and Society examines risk in contem-
porary society through the multi-disciplinary perspectives of law,
criminology and socio-legal studies and will feature work that is theoreti-
cal as well as empirical in nature.
Geoff Pearson • Clifford Stott
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland
AG, part of Springer Nature 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of
illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and
transmission or information storage and retrieval, electronic adaptation, computer software, or by similar
or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication
does not imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information in this book
are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or
the editors give a warranty, expressed or implied, with respect to the material contained herein or for any
errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional
claims in published maps and institutional affiliations.
This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Acknowledgements
particular, Amanda Jacks, Kevin Miles, Gwyn Davies, Paul Corkrey, ‘Big
Sam’, Macca, Adam Gilliatt, Vince Alm, Dave Rose, Andrew Hird, Kevin
Rye, Daniela Wurbs, and Endi Endemann for their contributions and
support. We also extend our thanks to the other (anonymous) fan group
supporter representatives who contributed to our work in Chap. 5 and
elsewhere.
Contents
1 I ntroduction 1
‘Euro Sunday’ 1
Knee-Jerk Reactions and Panic Law 7
Remit, Aims, and Original Contribution of This Book 9
Methodology 12
Football Crowd Regulation in England and Wales in 2022 15
References 20
2 The
Historical Development of Policing and the Law at
Football Matches in the UK 23
Introduction 23
The Historical Development of Football Crowd Disorder
and the Emergence of ‘Football Hooliganism’ 24
‘Hooliganism’ and State Response: The 1970s and 1980s 29
Changing Trends: 1990–2000 31
Football Violence, Disorder, and Anti-social Behaviour
in the Twenty-First Century 34
The Development of Academic Understandings of Football
Crowd Disorder 38
Conclusion 45
References 46
ix
x Contents
3 Legal
Measures to Prevent Violence and Disorder at
Football 51
Introduction 51
Stadium Safety Interventions 52
The Sporting Events (Control of Alcohol, etc.) Act 1985 60
Sporting Events Act (Fireworks) 69
The Football (Offences) Act 1991 and the Criminal
Justice and Public Order Act 1994 71
Other Relevant Legislative Provisions 78
Football Banning Orders 79
Judicial Responses 86
Conclusions 91
References 91
4 Policing
a Football Match in the Early Twenty-First
Century 97
The Local Structures of Policing 97
The Emergence of a Standardised Approach to Policing
Public Order 99
From Policing Public Order to ‘Football Hooliganism’ 102
Cost Recovery and ‘Special Police Services’ 104
Specialist Operations 107
Command and Control 109
Resourcing 112
‘Football Intelligence’ Units 115
Intelligence-Led Policing? 119
Conclusions 127
References 128
5 Risk
Supporters? Understanding the Behavioural
Norms of Football Fans131
Introduction 131
Football Fan ‘Culture’ 132
Fan Subcultures and ‘Carnival Fans’ 135
Contemporary Developments in Match-Going Fan
Behaviour 141
Contents xi
6 Understanding
the Psychology of Football Crowds171
Introduction 171
Classical Theory of Crowds 173
New Perspectives on Crowd Psychology 176
Policing Football Crowds: Violence as a Self-fulfilling
Prophesy 180
The 1998 World Cup Finals 183
From Theory to Practice: Understanding and Managing
Risk at Football Events 187
Participant Action Research and Influencing Police Policy 193
A Model of Good Practice 196
Policing Euro 2004 200
Conclusions 202
References 204
7 Human
Rights and Football Policing207
The European Convention on Human Rights and the
Human Rights Act 207
Proportionality and Articles 2, 3, 5, and 8 ECHR 209
Free Expression and Assembly and Positive Obligations 213
The Extension of Articles 10 and 11 Rights to Football Fans 217
Obligations on Police to Protect or ‘Facilitate’ Assembly 222
Human Rights Compliance in Police Decision-Making
Processes 226
Conclusions 231
References 232
xii Contents
8 Understanding
Risk in Football235
Introduction 235
The Importance of History in Assessing and Managing Risk 236
Case Study 1: A ‘Regional Derby’ in the North 236
Case Study 2: A Historical Rivalry 242
Case Study 3: A North Versus South Premier League Fixture 251
Case Study 4: A New ‘Derby’ 258
Case Study 5: A New Rivalry? 260
Case Study 6: A ‘Regional Derby’ in a Rural County 262
Conclusions 266
References 269
9 Dialogue-Based
Approaches to Football Policing271
Introduction 271
Criminal Intelligence Versus Dialogue 272
Human Rights, Science, and the Policing of Crowds 275
Dialogue Policing in Scandinavia 278
Dialogue Versus ‘Spotting’ in England and Wales 281
Effective DFO and Spotter Liaison 285
Policing High-Risk Fan Groups: An Evidence-Based
Approach 287
PLTs in Football: A Model of Good Practice? 291
Conclusions 298
References 299
10 The
New Agenda: Proposals for Reform in Law and
Policing303
Introduction 303
Part 1: Legal Reforms 304
Stadium Safety 304
Invading the Pitch 306
Football Banning Orders 312
Reform to Alcohol Legislation 315
Part 2: Reforms to Football Policing 317
Integrated Guidance and Human Rights 318
PSU and the Problem of Verbal Engagement 320
Contents xiii
11 C
onclusions333
‘The Perfect Storm’: Revisiting Euro Sunday 333
Understanding Fan Behaviour and ‘Cultures’ 334
Intelligence, Infrastructure, and Risk 336
Policing and Dialogue 338
The Law and Criminal Justice System 340
Procedural Justice 344
The Direction of Travel 346
Research Co-production and Knowledge-Exchange 348
References 349
A
ppendix351
G
lossary and Acronyms359
I ndex363
About the Authors
xvii
1
Introduction
‘Euro Sunday’
At 20.00 on Sunday, 11 July 2021, England made their first appearance
in a UEFA European Championship final, and their first final in any
major football tournament since the 1966 World Cup. The match, and
indeed the entire ‘Euro 2020’ tournament, took place under the shadow
of the UK’s second wave of the Coronavirus pandemic, and although the
original ‘stay at home’ restrictions been lifted, strict constraints limiting
public gatherings were still in place. So-called Freedom Day, when the
majority of Covid-19 public health restrictions in England were due to
be lifted, had been delayed and was still over a week away. The whole
multi-country tournament had already been delayed by a year due to the
pandemic, and as such was still labelled ‘Euro 2020’ even though it was
taking place in the summer of 2021. However, as the tournament pro-
gressed, levels of infection in England reduced and levels of vaccination
increased. Consequently, the limits on the number of tickets sold for
matches started to be relaxed, from under 20,000 for the first England
match at Wembley in the group stages to 65,000 for the team’s extra-time
semi-final victory over Denmark. Yet, as a reflection of the surrounding
conditions even for the final, although 67,000 tickets were sold, this was
still well short of Wembley’s normal capacity of 90,000.
‘Heras fencing’. By early afternoon, the crowd was already dense near the
OSP, causing justifiable fears that it would be breached by the thousands
of ticketless fans who might try to gain entry, the practice known in many
football fan circles as ‘jibbing’.
Once the OSP and the turnstiles opened, fans started to enter, and the
congestion and density eased. However, within minutes, security officials
began reporting the first attempts at ‘jibbing’ into the stadium itself, as
ticketless fans who had already breached the OSP ‘tailgated’ fans with
tickets. Other methods of entry by subterfuge were also reported, includ-
ing the bribing of stewards to allow entry through the turnstiles. Some
ticketless fans were reported to have photographed the barcodes of tickets
of other fans on their mobile phones and were using these to enter
through the electronic turnstiles. This also meant that the fans with those
genuine tickets were then unable to gain access to the stadium. Adding to
the issues, other fans found that their digital tickets had not been acti-
vated when they arrived at the turnstiles and would not work. All these
problems meant that crowd density also started to build at the turnstiles
as well as the OSP, the confusion and congestion further frustrating ticket
holders and assisting the ticketless in equal measure.
News of successful ‘jibs’ then started to be disseminated through the
ticketless crowd by social media and word-of-mouth, and the OSP came
under sustained assault from large groups of ticketless fans working col-
lectively to force access. These fans would have been aware of the thou-
sands of empty seats in the stadium due to the Covid-19 restrictions. As
a result, shortly before 17.30, a group of around 100 ticketless fans col-
lectively broke through the OSP, assaulting several stewards in the pro-
cess. In response to this breach, the Wembley stadium authorities locked
down the stadium, preventing anyone passing through the turnstiles, but
after 20 minutes, in which time crowd density and frustration outside the
turnstiles had further increased, the turnstiles were re-opened. Soon
afterwards, groups of ticketless fans who had successfully breached the
OSP started to target the disabled gates, executive entrances, and fire
exits to try to gain entry.
On the other side of the OSP, pubs and bars in the vicinity of the sta-
dium were full, and several made the decision to close their doors to new
customers or even closed altogether. Due to the risks of Covid-19
4 G. Pearson and C. Stott
transmission, there were no ‘fan zones’ with a big screen near the sta-
dium, and only one reported in the whole of London, already at capacity
in Trafalgar Square, and as kick-off loomed, the only place for the thou-
sands of ticketless fans to go, if they wanted to watch the match, was
Wembley itself. By 18.00, only two hours before kick-off, there were still
between 10,000 and 20,000 ticketless, and mostly highly intoxicated,
fans immediately outside the OSP of the stadium. Given the density, the
crush of both ticket holders and ticketless fans in the area at the end of
Wembley Way at the start of the crowd control barriers at the bottom of
the Olympic Steps, was becoming increasingly dangerous. According to
Pearson’s review of the CCTV stills for the Casey Review, there was at this
time an imminent risk of progressive crowd collapse and potentially
severe injuries and fatalities. Crowd Safety Expert Eric Stuart also con-
cluded in the same review that “a series of incidents occurred that were a
sequence of very near misses and any one of these could have led to sig-
nificant injuries or death(s) occurring” (Casey, 2021, p. 54). Unable to
intervene into the crowd, or attempt to disperse it, without risking loss of
life, the Metropolitan Police judged they had no choice but to deploy the
bulk of their resources behind the OSP to try and protect the stadium
entrances from further ‘jibbing’.
Meanwhile, on the stadium side of the OSP, 16 ‘mass breaches’ of dis-
abled and fire gates occurred between 18.29 and 19.46, several involving
over 100 individuals. In the most serious incident, a fire door was delib-
erately opened from the inside and nearly 700 fans entered. Police,
including mounted- and dog units, were deployed to support security at
the perimeter and turnstiles, but events were quickly overtaking both
police and stadium security operations. The decision was made to increase
the power on the electromagnetic locks on the doors from 25% to 100%,
but with some door-locking mechanisms already broken, security staff
sometimes had to improvise solutions to block emergency entrances,
including in one case using “a heavy-duty forklift truck” (Casey, 2021,
p. 44). Had a rapid evacuation of the stadium been required at this time,
the consequences could have been utterly horrific and on a par with the
worst stadium disasters in history.
Two minutes before kick-off there were further mass breaches of the
OSP at the foot of the Olympic Steps. These were likely triggered by
1 Introduction 5
either the noise of the teams entering the field or the national anthems
being played, and the realisation that those ticketless fans outside were
about to miss probably the most significant England match of their life-
times. Whatever the cause, dozens of fans climbed over the walls either
side of the steps, dropping down behind the security cordon. Others
attempted to rush the middle of the OSP barriers. A ‘baton push’ by a
line of police against fans rushing up the stairs caused them to retreat, but
this was only into other crowds of fans coming up the stairs behind them.
The situation was what the Casey Review subsequently judged to have
been another “significant threat to life” (Casey, 2021, p. 60). A few min-
utes later there was further major breach of the OSP, when Luke Shaw
put England into the lead after only two minutes.
With nowhere to go to watch the match and wishing to be as close as
possible to the potential England tournament victory, around 6000 fans
waited outside the stadium, listening to the cheers and groans of the
crowd inside as news filtered through of Italy’s second-half equaliser and
then the start of extra-time. Throughout the match, there were repeated
attempts by some of these ticketless fans to break into the stadium, with
the final attempt reported midway through the penalty shoot-out.
Evidence provided to the Casey Review suggested that it was only
England’s highly predictable failure in the inevitable penalty shoot-out
that prevented potentially more serious breaches, as exit gates would have
opened to release (mainly Italian) fans, potentially leading to a rush by
ticketless fans through these departing fans to try and enter the stadium
to celebrate England’s victory inside.
Throughout the afternoon and evening, it was estimated that between
1776 and 1964 fans gained entry to Wembley, either through ‘tailgating’
or taking part in a mass breach. Of these, around 1254 to 1386 gained
entry to the stadium bowl with only approximately 400 subsequently
ejected by stewards (Casey, 2021). Despite footage of these incursions
being posted on social media at the time, Wembley initially denied any
security breaches, before stadium officials and the Metropolitan Police
ultimately acknowledged the following day that “a small number” of fans
without tickets had broken in (BBC News Online 12/7/21). It was only
the subsequent Casey Review that revealed the scale and intensity of the
substantive failures that took place. Inside the stadium, there were
6 G. Pearson and C. Stott
might work in practice, what (if any) deterrent effect they might have,
and whether there were any concerns of unintended consequences upon
levels of disorder and the operational effectiveness of the police.
Ultimately, all the violent and disorderly behaviour considered above,
including ‘jibbing’ by subterfuge, already falls under either existing crim-
inal offences, breaches bylaws that could lead to fixed-penalty notices,
would be sufficient for an arrest on the grounds of breach of the peace or
could lead to a Football Banning Order on Complaint. In other words,
the Casey Review merely suggests we do more, in much the same way of
what largely we already try to do, but which so clearly failed at Wembley
on that day.
There is no doubt to us that ‘Euro Sunday’ was indeed a “perfect
storm”, in that a connection of highly unusual factors came together to
produce an unprecedented challenge to public order, and that whatever
steps were taken at the time, there would, as a result, have been some
criminality, disorder, and attempts at ‘jibbing’ on that day. However,
from our perspective, drawing as it does upon decades of research into
football crowd behaviour and management, from disciplines as varied as
anthropology, criminology, sociology, business and management, social
psychology, and socio-legal studies, what happened on ‘Euro Sunday’ was
largely predictable and cannot be properly understood in simple terms.
Furthermore, the way in which public order degenerated on the day was
something that reflected earlier failures and could have been mitigated
through established, and well-tested, crowd management and public
order policing principals and approaches. We will return to what we
think could, and should, have been done differently on that fateful day in
Chap. 11, but at this stage we will merely assert that had existing good
practice and national guidance been followed, it is highly unlikely that
we would have seen anywhere near the levels of disorder, violence, or
criminality that Wembley experienced on 11th July 2021.
1 Introduction 9
Methodology
The basis for much of the analysis and theory underpinning the argu-
ments we make in this book arises from decades of research conducted by
both authors with football fans and police. Ethnographic fieldwork has
been the basis for much of the social scientific research into football fan
behaviour since the 1970s (see Chap. 2), and our approach has drawn
heavily on this tradition. Our combined research started with Stott’s PhD
observational fieldwork with England fans at Italia’90 (Stott & Reicher,
1998) and Pearson’s study of fans of Blackpool FC for his PhD 1995–1998
(Pearson, 1999). Both authors subsequently went on to independently
conduct ethnographic fieldwork among fans at the 1998 World Cup
(Stott et al., 2001) and at the 2000 European Championships, before
working together when both were early career lecturers at the University
of Liverpool primarily on a Home Office-funded project into the polic-
ing of English football fans when travelling abroad. This developed into
an ongoing collaboration from that point onwards, taking in the UEFA
European Championships in 2004 and the 2006 FIFA World Cup, or
Weltmeisterschaft, in Germany (Stott & Pearson, 2007). Pearson contin-
ued with this fan-focused ethnographic work until 2011, publishing his
findings a year later (Pearson, 2012) while, as we describe later, Stott
developed his ethnography into a form of research designed to drive
evidence-based police reforms. This work was ethnographic in the sense
that the researchers embedded themselves within the groups in question,
primarily using participant observation and interviews to try to uncover
and understand the interpretations, understandings, motivations, and
behaviour of football fans, as well as of those policing them. This book
will therefore draw from this now-extensive body of research on fan,
crowd, and police behaviour developed using this qualitative ethno-
graphic approach, as well as upon the findings from the ethnographic
work carried out by other social scientists in this field going back to
the 1970s.
As our work and collaboration developed, it became increasingly
clear that there was a need for, and value in, understanding the prob-
lems of football-related disorder from both socio-legal and crowd
1 Introduction 13
1
The UKFPU is a quango funded by the Home Office responsible for national oversight and coor-
dination of football policing.
16 G. Pearson and C. Stott
Online 21/01/21). As we will set out in the following chapter, arrest sta-
tistics are notoriously unreliable as indicators of levels of criminality and
usually tell us as much about police priorities and resources as they do
crime. Indeed, as we argue later, much of the reduction in arrests at foot-
ball in the last ten years may be explained in terms of a decade of auster-
ity, falling police numbers, closed custody suites, and the scrapping of
arrest ‘targets’. It is noticeable that the figures released also indicated, in
contrast to the last decade, an increase in police numbers at matches,
which we would expect to lead to higher numbers of arrest and reported
incidents.
Nevertheless, despite these reservations, we are of the view that the
statistics do illustrate at least a temporary uptick in incidents of (mainly
low-level) disorder and anti-social behaviour, which is a view shared by
many of the police officers, safety officers, and fan representatives that we
work with. Indeed, statistics of reported crime indicate a general increase
in such offending across society, not just in the context of football.
Nonetheless, our suspicion is that this increase is linked to the effect of
the Covid-19 control measures where fans were almost entirely unable to
attend live matches from March 2020 until July 2021. The return of fans
to fixtures may be linked with increased levels of low-level criminality,
which in turn may be the result of fans being previously deprived of car-
nivalesque expressions of identity. It could also be linked to a turnover of
‘regular’ fans combined with an influx of younger fans and ‘irregular’ fans
who may be less aware of pre-pandemic norms of football spectatorship,
who are also less deterred by the threat of CCTV, banning orders, and a
loss of a season ticket. It may be that, as a result, fan groups have less-
established behavioural norms and peer-regulation capabilities.
Ultimately, we simply do not yet know for sure because there is no sys-
tematic research evidencing what is happening and generating an
evidence-based understanding of potential casual factors.
The so-called Lockdowns will almost certainly also have had a serious
impact upon the ability of police and stewards to manage crowds. As we
will set out, effective football policing operations rely heavily upon the
development of relationships between specialist police officers and the
fan groups they are managing. This allows the police to negotiate, estab-
lish tolerance limits, and intervene in a proportionate manner. It also
1 Introduction 17
The Home Office should review the Sporting Events (Control of Alcohol
etc.) Act 1985 to establish whether its measures are still fit for purpose in
2022 and beyond, and that it reflects the football culture of the present
day—and to provide robust evidence in its conclusion of such a review,
It may be that in due course the Government will consider that legislation
covering offending at, or related to, football needs to be reviewed …
Indeed, it may even be questioned whether legislation directed at football
specifically rather than sports grounds generally remains appropriate (Law
Commission, 2021: para 11.57).
disaster that was the Euro2020 Final, but it is no longer a case of police
organisations and academics arguing with each other about the solution,
but more a tale of how co-production of research can be beneficial to
both parties.
The incidents of disorder seen at Euro2020 and during the 2021/22
season demonstrate once again that the issue of managing football crowd
disorder is still pressing. The overall decline in disorder post-1980s (see
Chap. 2) is not guaranteed to continue, but neither should we fear that
we are returning to the ‘dark days of football hooliganism’. Stadium infra-
structure and security, and policing methods and organisation, have all
developed considerably since the 1970s and 1980s, and we increasingly
have the public order policing tools and guidance in place to confront
football crowd disorder. However, in this book we intend to demonstrate
that, with reform to some of the antiquated laws around football crowds
and the continued development of good practice in policing, disorder
and violence around matches can become further reduced and major
incidents increasingly rare.
References
BBC News Online 16/01/2021 (Updated 17/12/21). Euro 2020 Final: Small
Number of Fans Broke into Wembley Say Police. bbc.com/news/uk-57799271
BBC News Online 21/01/2022. Football Arrests ‘Highest in Years’ & Disorder on
the Rise – Police. https://www.bbc.co.uk/sport/60056492
Casey, L. (2021, December). An Independent Review of Events Surrounding the
UEFA Euro 2020 Final ‘Euro Sunday’ at Wembley. https://www.thefa.com/-/
media/thefacom-n ew/files/about-t he-f a/2021/independent-review-o f-
events-s urrounding-t he-u efa-e uro-2 020-f inal-a t-w embley-2 _decem-
ber-v5.ashx
DCMS. (2021, November 24). Independent Report: Fan-Led Review of Football
Governance: Securing the game’s future. https://www.gov.uk/government/pub-
lications/fan-led-review-of-football-governance-securing-the-games-future/
fan-led-review-of-football-governance-securing-the-games-future
James, M., & Pearson, G. (2015). Public Order and the Rebalancing of Football
Fans’ Rights: Legal Problems with Pre-emptive Policing Strategies and
Banning Orders. Public Law, 3, 458–475.
1 Introduction 21
James, M., & Pearson, G. (2018). 30 Years of Hurt: The Evolution of Civil
Preventative Orders, Hybrid Law, and the Emergence of the Super-Football
Banning Order. Public Law, 1, 44–61.
Law Commission. (2021, December 6). Hate Crime Laws: Final Report. Law
Com No 402. https://www.lawcom.gov.uk/project/hate-crime/
Lieberman, D. (1988). Blackstone’s Science of Legislation. Journal of British
Studies, 27(2), 117–149.
McNiff, J., & Whitehead, J. (2005). All You Need to Know About Action
Research. Sage.
Pearson, G. (1998). The English Disease: Socio-Legal Constructions of Football
Hooliganism. Youth and Policy - The Journal of Critical Analysis, 60, 1–15.
Pearson, G. (1999). Legal Responses to Football Related Disorder. Unpublished
PhD Thesis. The University of Lancaster.
Pearson, G. (2012). An Ethnography of English Football Fans: Cans, Cops and
Carnivals. Manchester University Press.
Pearson, G. (2021). A Beautiful Law for the Beautiful Game? Revisiting the
Football (Offences) Act 1991. The Journal of Criminal Law, 85(5), 362–374.
Pearson, G., & Sale, A. (2011). On the Lash: Revisiting the Effectiveness of
Alcohol Controls at Football Matches. Policing and Society, 21(1), 1–17.
Stott, C. (2020). Policing Crowds. In C. Stott, B. Bradford, M. Radburn, &
L. Savigar (Eds.), Making an Impact on Policing and Crime: Psychological
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9780815353577.
Stott, C., Adang, O., Livingstone, A., & Schreiber, M. (2007). Variability in the
Collective Behaviour of England Fans at Euro 2004: Public Order Policing,
Social Identity, Intergroup Dynamics and Social Change. European Journal of
Social Psychology., 37, 75–100.
Stott, C., Adang, O., Livingstone, A., & Schreiber, M. (2008). Tackling Football
Hooliganism: A Quantitative Study of Public Order, Policing and Crowd
Psychology. Psychology Public Policy and Law, 14(2), 115–114.
Stott, C., Hoggett, J., & Pearson, G. (2012). Keeping the Peace: Social Identity,
Procedural Justice and the Policing of Football Crowds. British Journal of
Criminology., 52(2), 381–399.
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22 G. Pearson and C. Stott
Introduction
We begin by considering how the legal and policing framework of polic-
ing football matches in England and Wales has developed over several
decades, and how this relates to changing patterns of fan behaviour over
time. One of the central themes in this book will be how fan behaviour,
and the way in which football crowds are regulated by the law and man-
aged by police, are fundamentally interlinked. While the evolving legisla-
tion and policing strategies surrounding football are, of course, largely
driven by fan behaviour, it is also imperative to note that even a cursory
glance shows us that football crowd behaviour is in turn driven by those
laws and strategies. The most obvious historical example of this is the
segregation of home and visiting supporters, which developed as a strat-
egy to reduce conflict between the two sets of fans inside stadiums, but
which also almost certainly helped to entrench and develop “us and
them” identities (Taylor, 2011, p. 1752) that in turn may have made
conflict outside of stadiums, or where segregation broke down, more
likely, or more acceptable, within certain fan subcultures.
Nonetheless, to take our argument forward, this chapter sets out first
the historical context for our understanding of football crowd behaviour
and ‘hooliganism’ and sets in context contemporary approaches to both
disorder (Hutchinson, 1975; Mason, 1980) that largely mirrors the dif-
ferent ‘types’ of football crowd misbehaviour we would recognise today
(Vamplew, 1979). The seminal sociological work of Dunning, Murphy,
and Williams (a group often referred to as the ‘Leicester School’, based as
it was at that University) also identified a long history of football crowd
violence and disorder (1988), concluding that, compared with the ‘norms’
of newspaper coverage in the 1980s, ‘football hooliganism’ was probably
under-reported (Murphy et al., 1990, p. 50).
Between the wars and up until the late 1950s, incidents of violence
and disorder in British football crowds continued (Murphy et al., 1990),
albeit possibly at a reduced level to that which occurred before (Taylor,
2011). However, in the period from the late 1950s, instances of violence,
disorder, and criminality around football matches started to be reported
more regularly. While the late 1960s is often cited as period where ‘foot-
ball hooliganism’ became a problem,1 vandalism on ‘football specials’2 by
away fans was being regularly reported in the 1950s, and by 1957 the
label ‘hooliganism’ was being applied to disorder involving football fans
and those involved therein referred to as ‘hooligans’ by the local and
national media (Dunning et al., 1988, p. 140–142).3 Indeed, recorded
incidents of vandalism on trains by football fans were significantly higher
in 1962 than they were by 1968 (Harrington Report, 1968, p. 44). Inside
stadia, the Chester Committee of Enquiry set up by the Football
Association reported in 1968 that incidents reported by clubs had nearly
doubled from an average of 13 per season in the years 1946–1960 to
25 in the years 1960–1966 (Taylor, 2011, p. 1758).
Although at first it may have been a term used to describe behaviour
that would now fall into the category of what we might call ‘anti-social
behaviour’,4 the label ‘football hooliganism’ soon developed into a
1
For example, Dennis Signy’s Pictorial History of Soccer (1968) refers to the “trend towards hooli-
ganism” from 1967.
2
The trains chartered to take fans to and from away matches.
3
The metaphor of ‘hooliganism’ as a disease was also established by this point. Interestingly,
Dunning et al. go on to claim that it was only at the start of the 1966/67 season that the label was
being applied by the national media (1988, p. 165).
4
For fans interviewed by Marsh, for example, the ‘hooligan’ was more of a jester, who could be
contrasted with those more interested fighting rival fans (1978, p. 71–2).
26 G. Pearson and C. Stott
catch-all term that could be used to categorise young male football fans
or types of behaviour ranging from criminal damage, running on the
pitch, and throwing missiles, through to large-scale public disorder and
inter-personal violence, occasionally involving weapons. As the 1968
Harrington Report (titled “Soccer Hooliganism”) to the Minister for
Sport acknowledged, “soccer hooliganism is a blanket term covering sev-
eral types of misbehaviour”, including “rowdyism”, “horseplay”, “soccer-
mania”, and rioting (p. 8–10). ‘Hooliganism’, therefore, is a term that
from the outset was problematic because it encompassed not only specific
criminal acts but also a new way of consuming football that, with its
potential for disruption and disorder, alarmed both the football authori-
ties and those responsible for public order. By the late 1960s a moral
imperative was present in the terminology and football-related ‘disorder’
was already a national “cause for concern” (Dunning et al., 1986).
The research that underpinned the Harrington Report involved inter-
views with stakeholders about the levels and severity of the problem, as
well as potential solutions. It found police authorities divided as to
whether the problem had increased: 26 police authorities reported an
increase in ‘hooliganism’, although only 21 of these thought this increase
was significant, 25 authorities reported no increase, and 2 reported a
decrease (Harrington Report, 1968, p. 5). This suggests that, in the expe-
rience of the police at least, the increase in ‘hooliganism’ was only occur-
ring in some areas. In contrast to the nuanced national picture presented
by the police, the vast majority of managers, players, supporters, and
directors of clubs agreed that hooliganism was increasing (Harrington
Report, 1968, p. 5–6). The Report concluded that “the majority of our
informants viewed the matter of football hooliganism today as an increas-
ing and serious one” (1968, p. 7).
It is difficult to be sure from the historical evidence that either levels or
seriousness of the problem had empirically increased throughout the
1960s. As we will see later in this chapter, the influence of the media was
likely to have exaggerated the perceived scale, frequency, and intensity of
incidents that occurred, particularly as media coverage of football, and
football crowds specifically, increased around the 1966 World Cup, and
television was itself an emerging phenomenon of news mass-consumption
2 The Historical Development of Policing and the Law… 27
5
The Harrington Report found that 90% of readers of The Sun newspaper who completed a survey
felt hooliganism had increased, with only 11% believing its seriousness to be exaggerated
(1968, p. 6).
6
Prior to this, it was common for fans to watch what would become their local rivals on the
Saturdays when their first-choice team was playing away. Dunning et al. refer to 1967 as being the
year in which Northern football fans first “arrived” en masse in London for away matches (1988,
p. 166).
28 G. Pearson and C. Stott
The pressing need ‘to do something’ was made more acute by the
emergence of the contemporary ‘football ends’, which Dunning et al.
identify as occurring sometime around, or slightly before, the 1950s
(Dunning et al., 1988, p. 164). These ‘ends’ were increasingly seen by
home supporters in them as their ‘territory’. The reaction to this per-
ceived increase and seriousness in football-related disorder was an official
policy of physically segregating home and away fans in stadia through
fencing into different pens (Dunning, 1986, p. 86; Harrington, 1968).
In 1967, serious disorder involving travelling Manchester United fans in
home sections at West Ham and Chelsea was reported widely in the press,
as was the fact that the police lines attempting to separate the fans had
been insufficient to prevent the violence (Dunning et al., 1988, p. 166–7).
Further, the policy of trying to segregate the fans in stadia did not prevent
incidents such as missile throwing or pitch invasions, nor disorder occur-
ring outside stadia. Segregation may have even exacerbated tensions by
“sharpening” the “us–them boundaries” and creating hostile collective
group-level interactions between home and visiting supporters that
spilled out into the streets outside at the end of the match (Taylor, 2011,
p. 1759, see also Dunning, 1986, p. 86).7
Although there remain uncertainties about the development and
extent of the problem, by the end of the 1960s, large numbers of young
men in particular were travelling to away matches and doing so with the
expectation that disorder and violence would often occur. Home fans,
gathered on the terraced ‘ends’, increasingly began to view ‘incursions’
into ‘their territory’ by visiting fans to be illegitimate and therefore pro-
vocative. Even for those fans who were not interested in engaging in
physical violent confrontation, a new and exciting way to consume foot-
ball had emerged.
7
In a similar vein, Vamplew, talking about segregation of fans between popular terraces and (more
expensive and exclusive) stands in the late nineteenth century, argues that segregation could have
“encouraged disorder” where it led to an increase in crowd density in certain areas (1980, p. 12).
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retrieve, as far as possible, the errors of which he had been largely
the author. In a speech which shows once again all his old power of
party political action, he demands the annexation of Belgium. He has
seen that general war is inevitable, and harking back again to that
unique French conception of which he was the heir, the raison d’état,
he determines to save the State, and to do it by an action which
opposed every theory of the Revolution. He asked “everything of
their reason, nothing of their enthusiasm,” and he demanded the
annexation of Belgium with France. It was pure opportunism—the
determination to get hold of a revenue by force of arms; and the next
day, after having painfully come back to his old policy of the real and
objective, burdened by a past error, and having broken with all that
he valued in French opinion, he went off again to the army. While his
chaise was yet rolling on the flat roads of Flanders, Chauvelin
returned with Pitt’s scrawl in his hand, and France was at war with
the whole world.
This next voyage to Belgium occupied but a very short time. He
did not get there until the 3rd February, and he started to come back
on the 15th. But the moment, which is necessarily a silent one in his
biography, would be one of capital importance to us had he
remained in Paris to speak, and to leave us by his speeches some
clue as to the revolution through which his mind had passed.
Consider these contrasting pictures: Danton, up to the death of the
King, seems uniquely occupied in pursuing the threads of a very
careful diplomacy, and in welding as far as possible the opposing
factions of the Parliament. Of course, his general theories in politics
remain unaltered, but something has happened which makes him,
on returning from Belgium for the second time, pursue this different
policy: the immediate construction of a strong central government,
and the providing of it with exceptional and terrible machinery. He
works this as absolutely the unique policy. He seems to have
forgotten all questions of diplomacy, nearly to have despaired of
settling the quarrel between Paris and the Girondins. In fine, Danton,
when first in power, had been a man so representative of France as
to have many different objects, and to attempt their co-ordination.
We see him the brief fortnight of Louis’s execution violent, angry,
unreasoning; we see him again in less than a month transformed
into a man with a single object, pursued and succeeded in with the
tenacity common to minds much narrower than his own.
I know that events will largely account for the change. The
Girondins had repelled him; diplomacy had no further object when
once the universal war was declared; the grave perils, and later the
disasters of the French armies, which he had seen with his own
eyes, called imperatively for a dictatorship. Nevertheless events will
not of themselves account for the very great transformation in all that
he says and does. I believe that we must look to another cause—
one of those causes which historians neglect, but which in the lives
of individuals are of far more importance than their political
surroundings. By nature he had great tendencies to indolence as
well as to violence. He was capable of temporising to a dangerous
extent, and this, I think, was largely the cause of his action in the
autumn. But such natures are also of the kind which disaster spurs
to action. As we have seen, the return in January to his household,
ruined by an impending fate, made him the violent and bitter speaker
who spoiled his own plans by his own speeches. But returning from
Belgium in February, not a menace but a definite disaster awoke in
him a much more useful energy.
Coming from fields in which he had seen the whole force of the
early battles breaking up in confusion and retreat, he had suddenly
to meet the news of his wife’s death. He bought a light carriage for
himself in order to travel with greater speed, and arrived at the city in
time, they say, to have her coffin taken out of the grave and opened,
so that he might look once more upon her face. The home was
entirely empty. The two little children, one of whom was in arms, the
other of whom was just beginning to talk, had been taken away to
their grandmother’s. The seals were on the furniture and on the
doors. One servant only remained. The house had been without a
fire for a week when he entered. It was an opportunity and a
command for another origin in his political life. Coming and going
from these rooms, he found them intolerable; he took refuge in direct
and determined action, calling to his aid all that vast reserve of
energy which he was accustomed to expend at the cost of so much
future exhaustion.
Here was the first thing to be done—to construct at once that
strong and simple government which he had talked of so long. The
report which he and the other commissioners had prepared on the
state of the army[136] was one deliberately intended to make such a
government voted. The Commune of Paris immediately after the
preparation of the report made its vigorous appeal for a further levy,
and on the 8th of March Danton made the first of those speeches
which riveted the armour all round France.[137]
In the first phrase of this speech he strikes the note upon which
depended so much of his power. He reads his own character into
that of the nation. “We have often discovered before now that this is
the temper of the French people—namely, that it needs dangers to
discover all its energy.” Then he strikes the other note, the appeal to
Paris which had marked so much of his career. “Paris, which has
been given so ill a fame” (a stroke at the Girondins), “I say is called
once more to give France the impulse which last year produced all
our triumphs. We promised the army in Belgium 30,000 men on the
1st of February. None have reached them. And I demand that
commissioners be named to raise a force in the forty-eight Sections
of Paris.”
If there was some talk at that moment of making him Minister of
War after Beurnonville’s resignation, it was because no one but
Danton himself understood how much his energy could do. He
rejected the proposal, but he had the desire to replace the ministers
themselves by a power more formidable and more direct.
In these days one disaster after another came to help his scheme.
More than one of his enemies had suspected in a vague fashion that
he was framing a new power,[138] but they could not imagine in
Danton anything higher than ambition, and they lent him the
ridiculous project of forcing a new ministry upon the Assembly. What
he was really preparing, and what he produced on the 10th of March,
was the weapon which history has called the Revolutionary Tribunal.
It was the moment when the mutterings against the Girondins
seemed about to take the form of an insurrection, when their printing
presses were broken, and when, in the vague panic that always
followed any popular movement since September, men feared a
renewal of the massacres. The proposal is put forward with ability of
argument rather than with passion; but, in the teeth of the majority
and a ministry to which such methods were detestable, in the teeth,
that is, of the Girondin idealism which was ruining the country, he
affirmed the necessity of his scheme, and he passed it.[139] He had
given the Revolutionary Government its first great weapon, a
weapon that was later to be turned against himself; his second move
was to put it into vigorous hands.
This next proposition, which, combined with the establishment of
the Revolutionary Tribunal, was to change the history of France, did
not proceed from Danton alone, but it was based upon Danton’s
suggestion; it sprang largely from the vivid impression he had given
of the peril in which France lay and of the necessity of forming
something central and strong, of providing a hand which could use
the dictatorship of the Terror. The Committee of Public Safety, in a
word, could not have been declared but for the interpretation which
Danton had given to the disasters of March.
The crowning defeat of Neerwinden, which at the time must almost
have seemed the death of the Republic, gave the first impulse. The
old Committee of General Defence was renewed. But though this
committee was far too large and far too feeble, we owe it to Danton
that it contained a vigorous minority from the Left. The final blow that
replaced it by an institution round which the rest of this book will turn
was the treason of Dumouriez.
Let us consider what the situation was at this moment. The
Republic had lost every man upon whose ability she could rely in the
leadership of armies. Of all the school of generals who had grown up
under the old regime, Lafayette alone in his weak way had loved
freedom, and Dumouriez alone had remained on the side of the
French. Spain, England, the German Powers—nine allies—were
threatening the territory of the Republic and the very existence of the
new regime; the civil war, which was soon to take such gigantic
proportions, had already made its successful beginning at
Machecoul. Between the Convention and immediate disaster there
lay only the personality of Dumouriez. When the news of his
desertion, following on the news of his defeat, reached Paris, the
Girondins were hopelessly discredited, and the line of their political
retreat, the pursuit of their enemies, ran in a direction that Danton’s
speeches had prepared.
For several days he had himself been the object of the most
violent attacks, especially for his friendship with Dumouriez and on
the question of the Belgian accounts. For he had just returned from a
third mission to the army, and had been close to the general. On the
1st of April practically the whole sitting was devoted to an attack
upon him and to his defence. Had you been sitting in the house that
night, you would have said that a violent demagogue, surrounded by
a little group of yet more violent friends, was resisting with some
difficulty the attacks of an honest and loyal majority. But this
demagogue was so far-seeing, was so much the greatest of all those
in the hall, that when three days afterwards the Parliament was
brought face to face with the reality, Danton’s method becomes the
only solution. They hear of Dumouriez’ treason, and on the night of
the 4th of April, Isnard, himself a Girondin, proposed the creation of
the Committee. Danton supported him at midnight with a definite
speech such as no Girondin would have dared to make. He said
practically, “This Committee is precisely what we want, a hand to
grasp the weapon of the Revolutionary Tribunal.”
It was Isnard that formulated the idea, but it was Danton that
baptised it “A Dictator.” It was at midnight that he spoke, and he
closed his short speech just on the turn of the morning of the 5th of
April. That very day a year later the Dictator seized him, and his own
Tribunal put him to death.
On the 5th of April, the next day, in the evening, we begin to get
those large measures and rapid which came with the new organ of
power. And Danton speaks with a kind of joy, and demands at once
such measures as only a dictatorship can produce—calling all the
people to the defence, fixing a maximum upon the price of bread,
even the first mention of a levée en masse. The air is full of such a
spirit as you get in an army, the certitude that with discipline and
unity and authority all things can be done. On the following day, the
6th, the Committee was chosen, and on the 7th the names were
read out, which showed that the power had finally passed from the
Girondins to those whom they had rejected at the moment when
France was forgiving everything for the sake of Jemappes. The
Convention, in need of men of action, had been forced to abandon
its own leaders and to turn to Danton.
The names that they heard read out were Barrère, Delmas,
Bréard, Debry, Morvaux, Cambon, Treilhard, Lacroix, and Danton.
CHAPTER VI
THE TERROR
From the 6th April 1793, from the act which was described at the
end of the last chapter, we have something new in the course of the
Revolution. We have at last an Institution.
It is in the nature of the French people (for reasons which might to
some extent be determined, but whose discussion has no place in
this book) that their history should present itself in a peculiarly
dramatic fashion. Their adventures, their illusions, their violence,
their despair, their achievements, seem upon a hundred occasions to
centre round particular men or certain conspicuous actions, in such a
fashion that those men and these actions fit themselves into a story,
the plot and interest of which absorb the reader. But if we attempt to
connect the whole into a series, even if we attempt to give the
causes or the meaning of a few years’ events, the dramatic aspect
fails. This quality, which has fascinated so many, has also mistaught
us and confused us, and, in the desire to “throw the limelight” upon
the centre of action, one historian after another has left in obscurity
that impersonal blind force which directs the whole.
This force in France is the Institution. Understand the character
and methods of her central power, and you find yourself possessed
of this great key to the understanding of her history, namely, that
events follow each other in the order that the Institution requires, and
the nation moves along the lines which the Institution determines.
The Institution provides a standpoint from which all falls into
perspective, even the details of personality no longer remain in
confusion. You find, in a little while, that you are dealing with an
organism more simple and of far greater vitality than any man, as
truly a living, and much more truly a permanent, force than a
monarch or a great minister can be.
The consideration of half-a-dozen examples will make this clear.
What is all that marvellously dramatic action between Pepin le Bref
and the coronation of Hugh but confusion? It ceases to be so when
we follow with Fustel de Coulanges the transformation of the
Imperial system. You can make nothing of the tenth and eleventh
centuries, for all their personal interest, until you have grasped
Feudalism, and it is a common-place that the six hundred years that
follow are but the development of the Capetian method. It is not in
Louis the XI., or in Mazarin, or in Louis XIV. that we find the Force—it
is in the French monarchy. Look about you at the present day, ask
yourself what has recreated the prosperity of modern France, and
you will certainly not be able to find a special man. It is the System
that has done the work.
Now it is the note of all the Revolution, as we have followed it up
to this point, that the Institution was lacking. France without it was
France without herself: she dissolved. The cause of this lack was as
follows: The monarchy, round which everything had centred, was
dying, and the social theories of the time—the great Philosophy on
which France was fed—neglected and despised the Institution,
relying as it did upon the vague force of general opinion. It was the
chief—I had almost said the only—fault of the Jeffersonians in
America and the idealist Republicans in France, that they could see
neither the necessity of formulæ nor the just power of systems.
Nevertheless it was the instinct which remained in the French mind,
the “sub-conscious” sense of what the Institution was to France, that
made half the violence of the time. I do not mean that the speeches
recognised this character openly—on the contrary, the enmities and
the divisions seem to turn entirely upon personal hatreds; but I mean
that the underlying fear, unexpressed but real, was that such and
such a proposition would create a permanent tendency, and that
Girondin or Jacobin success meant the deflection of the torrent into
one or the other of two divergent channels. Here in England, living
under an order which is well established and old, we wonder at the
intensity of passion which some abstract resolution could arouse in
the Convention. We should wonder no longer were we to
comprehend that in the extreme rapidity with which all France was
being remoulded, a few words agreed upon, a mere principle, might
add a quality to all the future history of the nation.
Two men in the Revolutionary period rose higher than the flood,
Mirabeau and Danton. Each was able to perceive what the
permanent character of the nation was, and each gave all his efforts
to the uniting or welding round some stable centre the new order to
which both were attached. In a word, each understood what the
Institution was to France, and desired to lend it force and endurance.
With Mirabeau it was the monarchy. Would he have saved,
recreated, and restored that declining power which had once been
the framework of the nation? We cannot tell. Had he lived, ’92 would
have shown us; only we know that if the monarchy had seemed to
him at last beyond repair, he would have proposed at once some
similar power to replace it. Now Danton had survived; doubtful in
1791, “more monarchist than you, M. de Lafayette,” he was
determined in 1792 that the crown and France were separate for
ever. He overthrew the palace, but from that very moment all his
policy was directed to the construction of a governing power. It is
here that he and the Girondins, for all his personal attempts at unity,
were hopelessly divided. The Girondins were bent upon that local
autonomy and that extreme individual liberty in which the central
power disappears. With the growing danger, with his own experience
of Belgium, Danton, during the early part of 1793, becomes set upon
the idea of government and of nothing else. He gave it a weapon
before it existed, for he made the Revolutionary Tribunal, and though
Isnard first proposed it, it is known that Danton led the movement
which ended in the establishment of the Committee.
All government since that time in France has been its heir. It was
the Committee that forged the centralised system, that showed how
the administration might radiate from Paris, that gave precedent for
the conscription and for all determined action. That dictatorship so
plainly saved the country in its worst peril that under many different
names the French people have often recalled it, and rarely without
success.
All the remaining year with which this chapter must deal is the
story of the Committee. The Committee explains and gives us the
clue to every action. Its changes, the men who dominated it, the
reasons it had for violence or for clemency, its main object of
throwing back the invasions—these are the central part of 1793 and
1794.
Had we an accurate account of what passed in that secret council,
almost every event could be referred to it. But such an account is
lacking. Barrère, always inconsistent, wrote a rigmarole in his old
age which has anecdotes of interest, but which is almost valueless
for our purpose. Here and there we have a disconnected anecdote
or a lame confession, but the doors of the room are as closed to us
as they were to the contemporaries who stood in the outer hall and
received the official nothings of Barrère, or later of St. Just.
Nevertheless what we can reconstruct of its spirit and action,
imperfect as our effort may be, does more to explain the time than
any descriptions of the orators or of the crowd.
The first part of the story of the Committee in its relation to Danton
is the period between April the 6th and July the 10th 1793. It is the
period of the fall of the Girondins; and to make clear the importance
of the new power I shall adopt this method:—
To give first in their order the events that led to the attack on the
Parliament and the expulsion of the twenty-two; to show in what
confusion the whole story lies, and how difficult (or impossible) it is to
follow the motives of the deputies, or to say why they acted as they
did. Then to give, as a parallel account, the position and action of the
Committee, and to show how fully (in my opinion) its motive
determines the history of the time; to look at the insurrection of June
2 from the room where the nine members debated in secret, and to
point out how, from that standpoint (which was Danton’s own), the
confusion falls into order.
First, then, what was the exterior history of the movement that
destroyed the Gironde? It will be remembered that when the
Convention first met in September, the great majority of its numbers
inclined to a certain spirit. That spirit was best represented by a
small group of men, idealists and orators—and of these a number,
the most powerful perhaps, had come from the vineyards of the
peaceable southern river. The warmth, the calm, the fruitfulness of
the Valley of the Gironde, appeared in Vergniaud’s accents. To this
devoted band of men, whose whole career was justice and virtue, no
one has dared to be contemptuous, and history on every side has
left them heroes. They were own brothers to the immortal group that
framed the American Constitution, the true heirs of Rousseau, and
worthy to defend and at last to give their lives for the Republican
idea. They hated the shedding of blood; they tested every action by
the purest standard of their creed; and from the first speeches in
which they demanded the war, to the day when they sang the
Marseillaise on the scaffold, they did not swerve an inch from the
path which they had set before themselves.
What led such men into conflict with Paris, and perhaps with
France? This fault: that the pure theory which they justly maintained
to be the one right government could not meet Europe in arms. What
a few millions lost on the littoral of the American continent could do,
without frontiers and without memories, that France could not do with
civil war raging, and with the world invading her frontiers. A
modification was imperative, a compromise with necessary evil. The
men who felt reality knew that well. Danton had forced on a
dictatorship, and gave it the method of the Terror. But the Girondins,
though they had been compelled to give up so much, yet refused to
follow the necessary path. They refused the conscription; a volunteer
army was the only one tolerable to free men. They refused
diplomacy; it involved a secret method, and was of its nature based
on compromise. They refused the requisitions to the armies, the
forced taxes, the hegemony of Paris, the preponderance of talent or
genius in the committees—in a word, they refused to sanction
anything, however necessary, in that crisis, which they would not
have sanctioned in a time of order and of a pure republic.
The result of this sublime obstinacy was the ruin of France and of
themselves. The Royalists saw it, and called themselves “Girondins;”
the great name became a label for every reaction, and in every new
disaster Paris saw with increasing clearness the restraining hand of
the Gironde. For it was Paris and its Commune that took the
leadership in the attempt to depose or expel the men who led the
Parliament. Already before the Committee had been formed, the
Commune on April the 2nd had begun to correspond with the
municipalities of France—the fatal step that had so often preceded
insurrection. To Paris as a centre, to Paris radical, and especially to
Paris violent and unreasoning, the Girondins had grown detestable.
Paris for a thousand years had stood for unity—the Girondins were
autonomist and federal. Paris was passionate—the Girondins as
calm as light. To all this enmity the Gironde answered by no force,
but only by an assertion of their inviolable right. All April and May is
consumed in the tale of great disasters without, and of the acute
battle between the Right and the deputation from Paris within.
It is when we turn to this struggle within the Convention that the
confusion arises which can only be made clear by considering the
Committee. Especially is this the case with regard to Danton’s
action. Thus, on the 10th of April, he opposes the prosecution of
those who sent a petition from the Halle aux Blés for the resignation
of Roland; on the 13th there is the famous speech in favour of
diplomatic action as opposed to the violence of the Mountain. Yet the
day before he also opposed in a formal and well-reasoned speech
the arrest and trial of Marat. When that madman, with whom his
name had been so often linked, came back in triumph from his
acquittal, Danton took a yet more inexplicable attitude. While all the
Mountain were shouting for joy, and while Paris welcomed the
verdict as the first wound of the Gironde (which, indeed, it was),
Danton merely said, “Paris, we see, so loves the Convention as to
applaud the acquittal of one of its members”—a very transparent
speech. On the 1st of May Danton is the only man to speak with
sobriety and good sense against the petition of the Faubourg St.
Antoine, which attacked the rights of property; yet on the 10th he
turns against Isnard, that is, against the Gironde and the Moderates,
and causes the proposal of what was practically a popular
referendum on the constitution to be rejected. We see, therefore,
even when we look at the action of Danton alone, the apparent
confusion that was indicated above. Were we to turn to almost any
other of the Committee the same would be apparent. Barrère, the
chief spokesman, seems to take now one side, now the other. At one
moment he attacks the Girondins purposely; at another the petitions
from Paris; at every point, in the action of every prominent speaker
outside the two opposing groups, there appears this inextricable
tangle.
With the 10th of May the battle between Paris and the Gironde
entered into its last phase. It was upon this date that the Convention
began to sit permanently in the little theatre of the Tuilleries, where
they had first met. The news that met them was the death of
Dampierre and the taking of Thouars by the Vendeans. Every
rumour of disaster (and the rumours were being confirmed with fatal
rapidity) was like oil spilt from the lamp of the Gironde. Their own
followers were shaken, the great mass of the Convention who put
their trust in these pure doctrines grew afraid and doubtful. Within a
week (on the 17th) the Commune took a further step; they made
their own law, and put Boulanger at the head of the armed force of
the town—a force that was not theirs to govern. Later they gave
Henriot the place. The Convention answered by electing Isnard their
president; and Guadet, the headstrong, proposed to break the
Commune, and to call the “suppliants” to Bourges. By this proposal a
kind of Parliament in reserve would have existed to take up the work
if the Parliament in Paris should be mutilated. Had the motion
passed, the civil war, which was muttering in Lyons and had broken
into open flame in Vendée, would have embraced all France.
But at this juncture Danton’s Committee comes in again with its
curiously mixed action. By the mouth of Barrère it pleads against the
motion, and proposes instead the appointment of twelve members,
as Girondin as they pleased, to judge the Commune, to “inquire.”
The commission was named, and acted on thorough principle and
with haste, and without judgment, as any one might have foretold; for
such was the Girondin weakness. Against the army that the
Commune was gathering, all it could propose was to double the
sergeant’s guard at the Tuilleries, while it exasperated its enemy by
ordering the arrest of Hébert.
Hébert was the one man in the Revolution of whom the truth has
certainly been told by enemies. There was something of the
pickpocket in Hébert, but not of the pickpocket only. He was also a
blasphemer, an atheist, a man delighting in the foulest words, and in
the most cowardly or ferocious of actions. His prominence was due
to two things. First, he was the pamphleteer of the time, the “Père
Duchesne.” France had not yet discovered the danger of a free
press. Secondly, in the Parisian exasperation against “the
Moderates,” the most extreme and the least rational became of
necessity a kind of symbol, an accentuated type, and was thrust
forward as a defiance. It is not too much to say that the Girondins
themselves, by their lack of all measure, pushed Hébert to the front.
Such measures as those which “the twelve” had decreed were but
fuel for the insurrectionary flame. Once more Danton appears, this
time against the Gironde. To the demand for a large guard drawn
from the Departments he said, “You are decreeing that you are
afraid!” Whereupon a voice from the right cried with some humour, “I
am.” Danton had his way, the guard was not formed, and on the
following day (the 25th of May) Isnard’s imprudence brought on the
catastrophe.
It was in the matter of the petition for the release of Hébert. Isnard
rose in the chair, lifted his hand, and pronounced in his hollow voice
the words that have enriched history at the expense of his country:
“If such a thing should happen as an attempt upon the
representatives of the nation, I say to you, in the name of all France,
that very soon men would search upon the banks of the Seine for
proofs that Paris had once been there.” Danton intervened, but he
could do nothing. The glove had been thrown down. He asked for
the withdrawal of those words; the Girondin majority reaffirmed them.
Two days later he obtained the freedom of Hébert; but though for a
moment he was promised the dissolution of the “Commission of the
Twelve,” his effort failed, for they were immediately reinstated. In the
night between the 30th and the 31st of May the Sections named a
new and insurrectionary Commune; for one day the danger was
warded off, and you may see Danton, still so difficult to understand,
urging the Committee, while Barrère is proposing the conciliatory
message to France, a document which blamed neither the Girondins
nor Paris, and the twelve were dissolved. But the final blow was not
to be avoided. On the 2nd of June the news of the counter-revolution
in Lyons reached Paris. The Convention was surrounded; Henriot, at
the head of the city militia, guarded its approaches, lined the
corridors. Even in that moment, when Isnard proposed to retire, and
made his superb apology, the Gironde, as a whole, stood firm. The
inflexible Jansenist, Lanjuinais, proposed, with heroic folly, “a decree
dissolving the authorities of Paris,” at a moment when these very
authorities were holding the doors with fixed bayonets; but in spite of
Barrère’s demand for Henriot’s condemnation, in spite of Danton’s
demand for “a signal punishment,” the Convention yielded, voted the
arrest not only of the twenty-two, whom the Commune had
demanded, but of twenty-nine, and Vergniaud, Barbaroux, Guadet;
Le Brun, and Clavière (who were nominally ministers); Roland (who
had fled, and whose wife was imprisoned by the Commune)—in fine,
the whole body of those great orators who had made the Republic—
were thrust out of the Assembly, some to be held in the honourable
confinement of their own houses, some to fly and raise civil war in
the Departments. The Commune offered hostages in equal number,
but they were refused; and before the day was over the Parliament
was mutilated, and the obstacle to the dictatorship and to the Terror
had been swept away.
Such is a rapid summary of the fall of the Girondins—a story of
contradictions and of inextricable cross-purposes, in which for two
months men seem (especially the men of the new Committee) to
change sides, to hesitate, and to falter, in which the majority passes
over to the Jacobins with a startling rapidity, and in which
(apparently) the only two fixed points are the immovable figures of
the Gironde and their opponents of the Commune.
I know that this confusion has commonly led writers to adopt an
equal confusion in their explanation of the insurrection and of its
motives. To disentangle such a skein it was apparently necessary to
make Robespierre a prophet, Isnard for once a coward, Barrère a
skilful diplomatist, Danton a vacillator. Such a method appears to me
false. If, to explain a difficult passage in history, we make men
behave in a way which contradicts all their lives, we must (it seems
to me) be in error. These special theories are mechanical, and do not
satisfy the mind.
The question is this: Somewhere a power existed; why was not
that power in evidence either on one side or on the other? And why
do we not see it acting? I believe the answer is as follows:—
The power was in the Committee. The Committee believed it
necessary to be rid of the Girondins. But the Committee was part of
the Convention—the existence and the authority of the Convention
was necessary to it. It saw on the one hand a set of Parliamentary
leaders who would not permit it to act with vigour, on the other it
noted the angry spirit of Paris. The Committee permitted that spirit to
act, but gave it its measure and its direction unknown to itself,
desiring to eliminate the Moderates, but anxious to avoid their
proscription, exile, or death. With this clue the maze seems to me
resolved. It was the Committee that expelled the Gironde, using
Paris for its arm.
Now to prove this certain steps are necessary. In the first place,
why can we say that the Committee was the centre of power?
Because it alone had access to a complete knowledge of France, it
alone debated in secret, and it alone existed for the express purpose
of dictatorship. When once the generals, the deputies in mission,
and the police became familiar with the new organ, they referred to
the Committee as naturally as the corresponding men to-day would
refer to a cabinet or to a monarch. If the reader will glance at any
portion of the document which is printed as Appendix XI. of this
book, and to which I shall continually refer in this passage, he will at
once perceive that the men who drew it up had in their hands every
lever of public machinery. I would not maintain that this power
sprang at once into existence on the 6th of April, but the two months
that produced such a report was ample time to have developed a
corresponding grasp upon the armies, upon the diplomacy, and upon
the internal resources of Revolutionary France. Where else will you
find such a document in all the offices of the time? Compared with it
the decisions of the ministry are vague abstractions, the reports of
the Commune puerilities or ravings. Revolutionary France, until the
formation of the Committee, may be compared to a marsh in which
the water tends to flow to no one centre; the information, the
revenue, the public forces stood incoherent and stagnant. The
creation of this secret body may be compared to a pit dug in its
centre, to which the waters would immediately flow. It may be
objected that they had not the control of finance. No; but they had
Cambon. In an assembly of men new to government this very
difficult province fell of itself into the hands of a man whose genius
all admitted, and whose probity no one of his enemies would deny.
Long before the insurrection took place, any man with information,
with authority, or with a special duty to perform, had learnt to regard
the Committee as his chief, for the simple reason that no other
centre of authority existed. Add to this the incalculable force of
secrecy, the power by which the most glaring failures of our cabinets
can be hidden by merely saying, “We know what all the rest ignore,”
and it will appear reasonable to say that by June the Committee
could almost, had it wished, have summoned an army to Paris. The
Committee then held the power.
In the second place, we must establish, as far as is possible, the
aims of the Committee and their method of guiding the insurrection.
As was said earlier in this chapter, those aims and methods can only
be arrived at by inference; the very nature of a body that deliberates
in secret makes this method of inquiry necessary. There is no direct
evidence, unless the contradictory anecdotes of a much later period
can be given that name. Now we can infer with some accuracy what
went on in their deliberations. There should be noted at the outset
the document to which I have already referred, and which, if I am not
mistaken, is printed for the first time in this book. It was the first of
those general Rapports which were delivered by Barrère to the
Convention for the next sixteen months, and which so profoundly
affected the course of the Revolution. It sums up the result of two
months of astonishing labour; everything—all the weakness of
France—has been noted with the accuracy of a topographical
survey. It gives the equipment, the provisioning, the local difficulties
of each army, the detailed condition of the fleet (a most deplorable
picture), the result of what is evidently an elaborate spy-system in
the department of foreign intrigue, and everywhere the indictment is
obvious—“whatever has governed France hitherto has hopelessly
failed.” There are, indeed, polite references to the ineptitude of the
old regime, but side by side with these there is a direct attack on the
Girondin Ministers of War, and on the diplomatic, or rather non-
diplomatic, methods which had been pursued abroad; indeed, many
parts of this report would not be out of place had they appeared in a
Compte Rendu drawn up by the victorious insurrection, instead of
preceding, as they did, the fall of the Gironde.
Again, there is the date of its appearance. It was not by a
coincidence that Barrère was given it to read on the 29th of May.
Note this sequence. Isnard made his fatal speech on Saturday the
25th. Monday the 27th was the date of Danton’s attempt to dissolve
“the twelve;” and his failure followed on Tuesday the 28th, when, by
the blindness or firmness of the Gironde, they were reinstated. It is
on Wednesday the 29th that Barrère rises at the end of a long and
stormy discussion, and, late in the afternoon, presents his report.
The vague phrases on the importance of unity which it contains have
made some imagine that it was an attempt at conciliation, rapidly
devised and thrown out at that critical moment. That opinion is surely
erroneous. It is long (some 17,000 words) and carefully prepared; it
must have taken some time to draw up, and it has all the
appearance of a weapon framed at leisure and held in reserve; it
comes at that moment with some such force as this, saying from the
Committee, from Danton, to the Gironde—“You have refused to do
what France absolutely needed. You have rejected my attempts to
save you, the avenues which I opened for your escape; you were
given the commission of twelve; you have fatally abused the gift. Will
you be convinced at the last moment by this picture of the terrible
straits to which you have brought the nation?”
Finally, we can draw a fairly conclusive set of proofs from our
knowledge of the men in the Committee and of the public action they
took. Of all the nine, Danton was the one commanding personality.
Cambon was a specialist, and but for him and Lindet, honest but not
an orator, there were Danton and his men only. Barrère, it may be
urged, was not a Dantonist; but he was pliant to a degree; his pliancy
is notorious, and has ignorantly been given a still worse name.
Moreover, Barrère was closeted with Danton day after day; they
undertook the same department in the Committee (that of foreign
affairs), and they follow exactly the same course in the tribune. In the
Department of War was Delacroix, Danton’s friend and right hand. Of
the report itself, all the last part, and possibly some paragraphs in
the middle, were drawn up by Danton. Later we shall see that his
preponderance was notorious and a danger to him.
Well, Danton and the Committee being so nearly identical, can we
make a description of the motive that urged him? I think we can.
Desmoulin’s “Histoire des Brissottins” was certainly not of Danton’s
inspiration. Camille wrote that deadly pamphlet under the eye of
Robespierre. But Fabre d’Eglantine at the Jacobins, on May the 1st,
calling on the Girondins “to go, and return when all is settled,” is
almost using Danton’s own phrase—“Qu’ils s’en aillent, et qu’ils
revennent profiter de notre victoire.” All that he and Barrère say, from
then to the day of June the 2nd, seems to fall under this formula. He
permits the attack of the Commune, while he does everything to
moderate its force. He speaks continually for the defence, but he and
his Committee refuse to act, and if ever he has spoken a little too
strongly, has given the Girondins a little too much power, he retreats
somewhat towards the Commune. He resembles a man who is
opening a sluice in a dyke of the fen country: behind him is the sea;
he admits and plays with its power, but unless his calculation is just it
may rush in and overwhelm him. He permitted Paris to strike, and he
created a tyranny; both the mob of the capital and the dictatorship
were destined to break from his hands.
These are, as I read them, the causes of the fall of the Girondins. I
have dealt with them at this length because the passage from the
31st of May to the 2nd of June 1793 is not only one of the most
fiercely debated, but also one of the most important in the history of
the Revolution. I have not given it too much space, for upon the
understanding of what led to and what permitted the insurrection
depends, without any question, our final judgment on Danton’s
position.
Here, then, the Committee, even in its infancy, furnishes the clue
to a difficult passage in the Revolution. It is becoming more and
more necessary as research progresses to refer the mysteries of the
period to that central body; and, as it seems to me, we have in its