Officers' "no legal right" to remove student protesters, inquiry reports

Police and university bosses have come under fire over efforts to end a student occupation that culminated in “considerable public disorder and disturbance”.

An internal inquiry into the attempted eviction of protestors inside the Hetherington Building at Glasgow University found Strathclyde Police had “no legal authority” for the move earlier this year.

Senior officials at the institution also came under attack by the inquiry, led by Charles Kennedy, former leader of the Liberal Democrats and the university’s rector, for the “opportunistic” attempt to bring the occupation to a close “without due consideration of the possible outcomes." 

And the part played by protestors fell under the spotlight amid claims their actions coupled with damage caused to university protest rendered the occupation “beyond legitimate protest."

The sit-in came to a close in the last few weeks after protestors spent a total of 212 days inside the former postgraduate research club over plans to close the building as well as wider cuts to the higher education sector as a whole.

However, a botched eviction seven weeks into the protest saw more than three-dozen police officers, a dog-handling unit and a helicopter deployed to the scene in University Gardens.

The inquiry concluded that the university's management of the occupation prior to March 22 was "professional, considered and appropriate." The low-key approach adopted was a "sensible one" in the circumstances and "may well have been successful in bringing the occupation to an end," it added.

But Mr Kennedy warned: "By contrast, the decision on March 22 to adopt the 'opportunistic approach' to bring the occupation to an end was taken without due consideration of the possible outcomes.

"The inquiry is satisfied that it was not an attempt to 'evict' the occupiers but instead an attempt to secure the premises and prevent further access. The inquiry is of the view that the decision taken was one which ought to have been recognised as likely to give rise to significant problems."

An absence of effective consultation and leadership saw the option to proceed with the planned eviction left to a single member of staff, Secretary of Court, David Newall – a move that did little to ease tensions, the inquiry added.

"Events moved very quickly indeed following the attempt to secure the building,” the report said. “In the inquiry's opinion there was an early opportunity for the university to defuse the situation by abandoning the attempt to control access to the building.

"This opportunity was not recognised, arguably because there was no effective command and control of the operation in place."

Police confirmed to the panel - which also included George Muir QC, Professor Sheila Rowan, and former Vice-President of Glasgow University Students’ Representative Council (SRC), Fraser Sutherland – officers who attended and removed protestors “should not have done so as they had no legal authority for this action." 

However, the inquiry cautioned: “It is clear that the Police had not been informed in advance of the proposed attempt to end the occupation. This was an error of judgement.

“The Inquiry is satisfied that had the Police been consulted they would have advised against and recommended that the University obtain a court order requiring the occupiers to leave the building.”

Superintendent Nelson Telfer, of Strathclyde Police, said: "We welcome the fact that the report is an acknowledgement of the strength of our relationship with the university and the fact that our officers behaved professionally and courteously during what was a difficult situation.

"We do accept, however, that for a short period at the start of the incident, our officers did assist in the eviction of some of the students. This is something that should not have happened.”

University principal Professor Anton Muscatelli said: "The university welcomes this report, and is grateful to the panel for their work, and to our rector Charles Kennedy for chairing the inquiry.

"We find the report fair, and its recommendations appropriate."

Students involved in the sit-in “beyond doubt” behaved illegitimately, the panel concluded, albeit “disappointment” was expressed to members of the Hetherington occupation reportedly submitted evidence to help the inquiry draw up recommendations.

In response to the findings, the Free Hetherington group demanded a formal apology from both university management and Strathclyde Police amid criticism the inquiry failed to deliver independent findings.

A spokeswoman said: "What should have been solely an inquiry into the forceful and illegal eviction of a peaceful protest has decided to comment on the legitimacy of the protest itself.

“Free political protest is a basic tenet of democracy and regardless of disagreement with the occupation the panel members have no right to decide if it was ‘legitimate’ or not.

"We welcome the admission by the police that the eviction was illegal. We expect a formal apology to follow from both Strathclyde Police and University management."

A statement issued by SRC said: “Whilst it is regrettable that no evidence was received from students identifying themselves as members of the occupation, we believe that the report provides a balanced account of the events of 22 March 2011 and with the occupation now drawn to a close, that the issue has been concluded."