R (Dimmock) v Secretary of State for Education and Skills
| Jurisdiction | England & Wales |
| Judge | Mr Justice Burton |
| Judgment Date | 10 October 2007 |
| Neutral Citation | [2007] EWHC 2288 (Admin) |
| Docket Number | Case No: CO/3615/2007 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 10 October 2007 |
[2007] EWHC 2288 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Mr Justice Burton
Case No: CO/3615/2007
Mr Paul Downes and Miss Emily Saunderson (instructed by Malletts ) for the Claimant
Mr Martin Chamberlain (instructed by Treasury Solicitors) for the Defendant
Hearing dates: 27, 28 September, 1, 2 October 2007
Judgement
Stuart Dimmock is a father of two sons at state school and a school governor. He has brought an application to declare unlawful a decision by the then Secretary of State for Education and Skills to distribute to every state secondary school in the United Kingdom a copy of former US Vice-President Al Gore's film, An Inconvenient Truth ("AIT"), as part of a pack containing four other short films and a cross-reference to an educational website ("Teachernet") containing a dedicated Guidance Note. In the event the film has already been distributed – no point is taken by the Defendant on any delay by the Claimant in bringing his claim – so that no injunction to restrain such distribution is possible. Plainly if the decision and/or the distribution is declared unlawful, the films could be recalled. Permission was refused on paper by Beatson J, but he ordered that the renewed application for permission be adjourned so as to come on as a "rolled-up" hearing at the same time as, and immediately prior to, the listing of the hearing of the application itself if permission were granted. In the event, after hearing argument, I granted permission, and this is the judgment on the application. I have had very considerable assistance from both the very able Counsel, Paul Downes for the Claimant and Martin Chamberlain for the Defendant, and their respective teams.
The context and nub of the dispute are the statutory provisions described in their side headings as respectively relating to "political indoctrination " and to the "duty to secure balanced treatment of political issues " in schools, now contained in ss406 and 407 of the Education Act 1996, which derive from the identical provisions in ss44 and 45 of the Education (No 2) Act 1986. The provisions read as follows:
"406. The local education authority, governing body and head teachers shall forbid …
the promotion of partisan political views in the teaching of any subject in the school.
407. The local education authority, governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are
(a) in attendance at a maintained school, or
(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school
they are offered a balanced presentation of opposing views. "
I viewed the film at the parties' request. Although I can only express an opinion as a viewer rather than as a judge, it is plainly, as witnessed by the fact that it received an Oscar this year for best documentary film, a powerful, dramatically presented and highly professionally produced film. It is built round the charismatic presence of the ex-Vice-President, Al Gore, whose crusade it now is to persuade the world of the dangers of climate change caused by global warming. It is now common ground that it is not simply a science film – although it is clear that it is based substantially on scientific research and opinion – but that it is a political film, albeit of course not party political. Its theme is not merely the fact that there is global warming, and that there is a powerful case that such global warming is caused by man, but that urgent, and if necessary expensive and inconvenient, steps must be taken to counter it, many of which are spelt out. Paul Downes, using persuasive force almost equivalent to that of Mr Gore, has established his case that the views in the film are political by submitting that Mr Gore promotes an apocalyptic vision, which would be used to influence a vast array of political policies, which he illustrates in paragraph 30 of his skeleton argument:
"(i) Fiscal policy and the way that a whole variety of activities are taxed, including fuel consumption, travel and manufacturing …
(ii) Investment policy and the way that governments encourage directly and indirectly various forms of activity.
(iii) Energy policy and the fuels (in particular nuclear) employed for the future.
(iv) Foreign policy and the relationship held with nations that consume and/or produce carbon-based fuels. "
Martin Chamberlain, who, with equal skill, has adopted a very realistic position on the part of the Defendant, does not challenge that the film promotes political views. There is thus no need to consider any analysis or definition of the word 'political ' (which is plainly not limited to party political) such as that in McGovern v AG [1982] Ch 321 at 340.
Channel 4 has produced a film which was referred to during the hearing, although I have not seen it, which presents a counter-view, a sceptical approach to the climate change debate called "The Great Global Warming Swindle". This has not been sent to schools, although there is reference to it in the Guidance Note on the website, to which I have referred.
It is clear that the Defendant understandably formed the view that AIT was an outstanding film, and that schools should be enabled to show it to pupils. News releases were issued on 2 February 2007 by the Department for Education and Skills (I shall ignore its subsequent change of name) ("DES") and by DEFRA, the Department for Environment, Food and Rural Affairs. The DES news release read in material part:
" Climate change film distributed to all secondary schools.
The powerful Al Gore film "An Inconvenient Truth" will form part of a pack on climate change sent to every secondary school in England, Environment Secretary David Milliband and Education Secretary Alan Johnson announced today. The film documents former US Vice President Al Gore's personal mission to highlight the issues surrounding global warming and inspire actions to prevent it.
Mr Milliband said:
'The debate over the science of climate change is well and truly over, as demonstrated by the publication of today's report by the IPCC' [Intergovernmental Panel on Climate Change]. 'Our energies should now be channelled into how we respond in an innovative and positive way in moving to a low carbon future. I was struck by the visual evidence the film provides, making clear that the changing climate is already having an impact on our world today, from Mount Kilimanjaro to the Himalayan mountains. As the film shows, there is no reason to feel helpless in the face of this challenge. Everyone can play a part along with government and business in making a positive contribution and helping to prevent climate change.'
Mr Johnson added :
'With rising sea temperatures, melting icecaps and frequent reminders about our own 'carbon footprints', we should all be thinking about what we can do to preserve the planet for future generations. Children are the key to changing society's long term attitude to the environment. Not only are they passionate about saving the planet but children also have a big influence over their own family's lifestyles and behaviour. Al Gore's film is a powerful message about the fragility of our planet and I am delighted that we are able to make sure that every secondary school in the country has a copy to stimulate children into discussing climate change and global warming in school classes.' "
In the DEFRA leaflet there was the same quotation from Mr Milliband, but, instead of the quotation from Mr Johnson, there was this one sentence summary:
"Mr Johnson said that influencing the opinions of children was crucial to developing a long term view on the environment among the public. "
After the pre-action correspondence from the Claimant, and on the very day the Judicial Review Claim Form was issued, a somewhat differently worded news release was issued by the Defendant dated 2 May 2007:
" English Secondary Schools Climate Change Pack.
A resource pack to help teachers and pupils explore and understand the issues surrounding climate change was sent to every secondary school in England today. The pack, which includes the Al Gore film An Inconvenient Truth and a number of other resources, was developed by DEFRA and the Department for Education and Skills. It is accompanied by online teaching guides showing how to use the resources in the pack in science, geography and citizenship lessons.
Schools Minister Jim Knight said:
'Climate change is one of the most important challenges facing our planet today. This pack will help to give young people information and inspiration to understand and debate the issues around climate change, and how they as individuals and members of the community should respond to it.' "
The explanation for the distribution to all schools is now given in these proceedings in the witness statement of Ms Julie Bramman of the DES:
"8. …I should say at once that it was recognised from the start that parts of the Film contained views about public policy and how we should respond to climate change. The aim of distributing the film was not to promote those views, but rather to present the science of climate change in an engaging way and to promote and encourage debate on the political issues raised by that science. "
I turn to deal with the outstanding issues of law...
To continue reading
Request your trial
-
Upper Tribunal (Immigration and asylum chamber), 2023-02-02, JR-2021-LON-001894
...this judgment is handed down, a declaration would serve no useful purpose: R (Dimmock) v Secretary of State for Education and Skills [2007] EWHC 2288 (Admin); [2008] 1 All ER The Secretary of State has sought permission to appeal. She submits that there are arguable errors in my resolution ......
-
Jeremy Fox and Others v Secretary of State for Education
...succeeds the Defendant will have options including, for example, the issue of supplementary guidance, as occurred in Dimmock v Secretary of State for Education and Skills [2007] EWHC 2288 (Admin), [2008] ELR 98. 60 I do not accept the Defendant's submission that the present uncertainty as......
-
R “L” v Hampshire County Council
...“to the conduct of the government of the state or matters of public policy”. Similarly in Dimmock v Secretary of State for Children [2007] EWHC 2288 (Admin), it was agreed that Al Gore's documentary film “An Inconvenient Truth” promoted “political” views because it urged steps to be taken ......
- Nicholson v Grainger Plc
-
Table of Cases
...74, 209 Dimmock v. Secretary of State for Education & Skills, [2007] EWHC 2288 (Admin) ......................................................................................................................................... 21 Doepel v. United States, 434 A.2d 449 (D.C. 1981)....................
-
Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?
...See O. W. Pedersen, ‘ModestPragmatic Lessons for a Diverse and Incoherent Environmental Law’ (2013) 33 OJLS forthcom-ing. See also [2007] EWHC 2288 (Admin), on the role of courts in assessing school environmentalcurricula.98 Environment Agency, Enforcement and Sanctions – Guidance, n 55 abo......
-
Introduction
...“intelligent design,” holding that it was creationism and not science, and Dimmock v. Secretary of State for Education & Skills, [2007] EWHC 2288 (Admin), online: w ww.bailii.org/ew/cases/EWHC/Admin/2007/2288. html which, ater extensive evidence, judicially exposed the “global warming” junk......
-
The Legally Disruptive Nature of Climate Change
...R (People and Planet) vHM Treasury [2009] EWHC 3020 (People and Planet); R (Dimmock) vSecretary of State for Education and Skills [2008] 1 All ER 367.79 Native Village of Kivalina vExxonmobil Corporation 663 F Supp 2d 863 (ND Cal 2009) (Kivalina);American Electric Power Company vConnecticut......