Members of the European Union parliament vote in Strasbourg, December 2013. Photo: Frederick Florin/AFP/Getty.
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The EU has provided us with the best Europe we’ve ever had

Far from giving a voice to the people, the point of an EU referendum is to give a voice to a section of the Conservative Party.

We hear about the tactics of a referendum on membership of the European Union but little about the points of principle and substance that it raises. We need to look at these, too, otherwise we could sleepwalk into something stupid.

Why does David Cameron want a referendum on Europe?

That is simple. It is for the same reason as Harold Wilson proposed one in 1975: to deal with his divided party by appealing to higher authority. There is no popular demand for a referendum, but if you ask people in opinion polls whether they want to have a vote on EU membership, you can get a positive answer; if you backed a poll with a media campaign, you could probably get the same answer on many questions.

We have not seen large demonstrations demanding a referendum. Indeed, most voters do not care much about the EU: it comes somewhere between tenth and 15th in the issues voters list as important. Even for Ukip voters, the EU is not the most important question.

The big demand for a referendum comes from those in the Conservative Party who want to leave the EU but can’t see a way to get a majority in parliament for it. Cameron himself probably doesn’t want to take Britain out of Europe; hence his policy of trying to put this off until after the next election, in the hope that something may turn up.

Cameron’s position, though not noble, is understandable – it reflects weakness. It is less easy to understand why some in the Labour Party want to imitate it. Is it because they are afraid of the proposition that “the British people should have the right to choose”? This leads to a second question.

Are referendums a good way to make decisions?

This is also easy to answer: no. It is shameful that few political leaders are ready to say so. Democracy is not just about voting. It is also about debate and about responsibility.

Debate is necessary to understand complex issues. We invented representative democracy because debate is time-consuming and it is not practical in a modern state to assemble the whole population in market squares to debate issues. (In Athens the people were able to do this because citizens were few and they had helots and women to do the work.) Under the system of government “by the people”, the people choose the government and then hold it accountable when they don’t like what it does. If referendums are “more democratic” than decisions by parliament, why not make decisions about taxation or electricity prices by referendum, as has been tried in California (and then the lights went out)? When bad decisions are made in this way, who takes responsibility?

For years, both parties resisted calls for  a referendum on capital punishment because they feared there would be a majority in favour of it. Over time and through long debates, parliament became convinced by the evidence that capital punishment had no deterrent value and that innocent people had been hanged. Yet they feared that, in a referendum, the debate would be shallow and voters would follow prejudice rather than the evidence.

The referendum on the Alternative Vote (AV) showed how difficult it can be to generate a serious debate on matters that are important but complicated where mastery of the detail demands time.

Yes, but shouldn’t we decide constitutional questions by referendum?

We seem to be drifting towards this idea. Recently on the Today programme in a discussion about some question of British institutions (it may have been the size of the House of Lords), one of the presenters said: “But isn’t this the sort of thing we’d have to have a referendum on?” We don’t have to have a referendum on anything unless parliament decides to call one.

If we did decide that constitutional change required a referendum, we would have to start by defining what was and  what was not a constitutional question. Many laws – on race relations, capital punishment, the franchise and electoral systems, abortion – might or might not be part of a constitution.

Our present system of making no distinction between constitutional and other law gives us a flexible system. Usually constitutions are written as though they were going to last for ever; they never do. Some of the most important parts of the US constitution are in the amendments to it; yet now it seems impossible to secure further amendment. So the Supreme Court ends up doing a job that belongs in the political and not in the legal arena.

The sovereignty of parliament is a good principle because it allows maximum space for political decision-making and maximum opportunity for debate on issues  that are always complex. It is alarming  that no one, including those in the party  of Edmund Burke, seems ready to defend this principle.

In 1975 they did better. A powerful speech was made opposing the Wilson referendum by the new leader of the opposition, Margaret Thatcher. Since then parliament seems to have lost confidence in itself. So, we might ask:

What has gone wrong with parliament?

This is less easy to answer. There is a growing feeling of separation between the mass of the people and the so-called political class. The Conservative Party’s very obsession with the EU illustrates this. Far from giving a voice to the people, the point of a referendum is to give a voice to a section of the Conservative Party.

One reason why people feel less represented by the House of Commons is that the two big parties are less representative of the people than they used to be. In the 1950s the Conservative Party had three million members and the Labour Party one million, together with an organic link to a broadly based trade union movement. Both parties were social as well as political organisations. They reflected a society more sharply divided and less diverse than today’s; but between them they were representative of the population in a way that their successors today are not.

Having parties that are dominant (because of the electoral system) but weak (because they are disconnected from society) together with a chamber strong on party discipline and adversarial politics is not an attractive combination. It is only on the rare occasions when this breaks down – as recently over Syria – that we get a little of the thrill of democracy in action.

And so what is to be done?

We ought to understand democracy as an evolutionary process. We are lucky to have a constitution that makes change easy. Constitutions need to keep in step with an evolving society.

In the 65 years between 1880 and 1945 we went through several constitutional revolutions. In the 65-plus years since 1945, however, not much has changed, at least not compared to the vast and sweeping changes in British society.

An open debate is needed. My own answers would be to effect a change in the electoral system to make politics more competitive, and to make parties more open to influence from the voters. Add a House of Lords chosen by lottery, as juries are. This would require some thought and reorganisation. But it would give us two houses, each representing the people in a different sense of the term “represent”.

Churchill’s remark that the best argument against democracy is a three-minute conversation with the average voter is apposite as an argument against referendums: three minutes of conversation or consideration is no way to make sense of anything. But a representative sample of the electorate, free from party whips and debating issues that matter to ordinary people, would breathe new life into parliament.

While we are at it we should do something about the funding of political parties. The present non-system brings unhealthy relations with the few, and the distrust of the many. How about a system in which all taxpayers could allocate a tiny part of their taxes, either to the government budget of their choice – health, education, development, defence – or to a political party? Plus strict limits on donations.

The chances of such a radical programme are not great. Those in power often think that the arrangements which got them there must, ipso facto, be a good thing. Yet the renewal of states very often begins with renewal of institutions.

Such changes would be experiments. Put them in place for ten years, with a sunset clause; then debate them again. In the end, democracy is one long experiment.

But this is straying from the main subject.

Wouldn’t a referendum settle the question of the EU once and for all?

No. If that were the case, it would have been settled by the 1975 referendum – when two-thirds of the British voters elected to remain in the EU.

Those who want to leave now argue that we were tricked, or that Britain has changed since then, or that the EU has changed. These arguments will be available again whenever anyone wants to use them.

Is that all? No. We should also fear  the referendum because it might end in Britain leaving the European Union.

Probably some of those who tell opinion pollsters that they would vote to leave would think again if the question became real. But the conditions are different from those of 1975. The leading figures opposing membership then were from the fringes (Peter Shore, Enoch Powell, Tony Benn) and the media were almost unanimously in favour. Now we have had ten years of the drumbeat of media opposition.

Referendums are unpredictable – never a good way to govern a country – and we might end up out. That would be stupid.

Why?

In broad terms there are three ways of looking at the EU. On a practical level, the main product of the EU is regulation. There is good regulation and bad regulation; but there is no escape. No one is going to buy British products that do not meet inter­national standards. Those standards are set mostly by the EU or the US. If the UK wants to be at the table when the standards are  set it has to belong to the EU; otherwise it will have to follow regulations that someone else has made.

From the point of view of realpolitik, which is the usual British way of thinking about foreign policy, a permanent coalition of European states to which we did not belong is the nightmare of British policymakers through all the ages, as I think Douglas Hurd once said. Happily, today this would not be a coalition that would threaten British security, but it might be tempted from time to time to take economic advantage of the UK’s absence to organise things in ways that suited their interests and not ours. In fact, it would be a surprise if it didn’t. Ask Norway; or look at how the EU developed in Britain’s absence from 1956 to 1973.

Or, if you believe (as I do) that international politics does not always have to be about the balance of power, the EU (with its twin, Nato) is, for all its faults, a kind of political miracle: the most successful collaboration among sovereign states ever achieved. In spite of the mess of the euro, it is still admired and imitated on other continents. This is the best Europe we have ever had; and Britain, as an influential member, has been a force for good in it. Both altruism and self-interest tell us to remain.

These three perspectives – which are not contradictory – all point to one conclusion. Much in the EU needs to be fixed. With 28 sovereign states around the table, that will be a slow and clumsy process. But the euro crisis has brought a more sober mood and the advocates of unending integration in every area are a dying breed.

There could not be a better moment to work with others for a programme of reform. That would make sense. A referendum makes none. l

Robert Cooper worked for Javier Solana and Catherine Ashton at the EU until last year. He is a visiting professor at the London School of Economics and a member of the European Council on Foreign Relations

© MARK PETERSON/REDUX/EYEVINE
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Goodbye to the Confederate flag

After the shootings in Charleston, the Republican right showed it was finally ready to reject the old symbols of the Confederacy.

On 27 June, an African-American activist named Bree Newsome woke up before dawn, put on her climbing equipment and scaled a 30-foot flagpole on the lawn of State House in Columbia, South Carolina. She then removed the Confederate battle flag that flew from it. “We can’t wait any longer,” she explained later in an online statement. “It’s time for a new chapter where we are sincere about dismantling white supremacy.”

After she was led away in handcuffs, the flag was raised again.

Newsome’s protest reflected a growing impatience within America’s black community and anger about liberal inaction. Political rallies by the Democratic presidential contenders Hillary Clinton and Bernie Sanders have been disrupted by the Black Lives Matter campaign against violence committed on young African Americans and the cultural and legal biases that justify it. While promoting his book on race in the US, the writer Ta-Nehisi Coates argued that, to African Americans, the battle flag represents a lingering attempt “to bury the fact that half this country thought it was a good idea to raise an empire rooted in slavery”.

Yet, on this matter, to everyone’s surprise, the black civil rights movement and many southern Republicans have proved to be of one mind. On 9 July the House of Representatives in South Carolina voted to lower the battle flag for good. It stood, representatives said, for racism. It had to go.

The context of this agreement was a painful one. Ten days before Newsome’s act, a 21-year-old white man named Dylann Roof shot and killed nine black worshippers at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. According to his room-mate, he wanted to start a race war. The TV screens showed a photo of him holding a gun in one hand and a Confederate battle flag in the other.

If the demands for redress made by civil rights groups didn’t come as a surprise, conservative acquiescence did. The Republican Party had built a solid base in the South by courting white voters who cherished the memory of the Confederacy. Yet the party’s presidential hopefuls from both the North and the South – including Jeb Bush, Lindsey Graham, Scott Walker and George Pataki – said that the battle flag ought to be lowered. The most striking intervention was made by the governor of South Carolina, Nikki Haley, who denounced the use of the Confederate flag and signed the bill removing it. Haley is now tipped to figure on the list of potential vice-presidential nominees.

The volte-face of the US right is in part a result of the horror of the Charleston shootings. Yet it also occurs in the context of major shifts within American society. There are still many conservatives who will defend Confederate heritage as a matter of southern pride but the culture wars are changing as the US becomes increasingly European in outlook. This is taking place across the country. It just happens to be more pronounced in the South because no other region has fought so violently and so long to resist the liberal tide.

The story of the battle flag is the story of the South. The first official Confederate flag used in the civil war of 1861-65 caused confusion during fighting – through the haze of gun smoke, its design of 13 stars and red and white bars was hard to distinguish from the Stars and Stripes. An alternative blue cross was rejected for being too sectarian; the racist Confederacy was anxious not to offend its Jewish citizens. So the cross became a diagonal X. This flag was never officially adopted by the Confederate army. In the years after the war its use was infrequent.

There was little need to visualise southern difference in a flag. It was self-evident in the physical signs of racial segregation: separate schools, pools and drinking fountains; black people confined to the back of the bus. Political displays of the battle flag of Dixie (the historical nickname for the states that seceded from the Union) only really resurfaced when that racial order was challenged by northern liberals. In 1948, the Democrats – then the party overwhelmingly in control of the South – split over modest calls for civil rights. The conservatives who refused to support that year’s presidential ticket, the “Dixiecrats”, triggered a rev­ival of flag-waving across the region.

The old battle flag suddenly appeared on private lawns, on cars and at political rallies. Supposedly ancient cultural traditions were invented overnight. For instance, the 1948 student handbook of the University of Mississippi confessed: “Many Ole Miss customs are fairly new; they lack only the savouring which time brings . . . Ole Miss has adopted the Confederate flag as a symbol of the Mississippi spirit. Each football game finds the scarlet flag frantically waving to the rhythm of the Rebel band.”

I can confirm that this “tradition” was still going as recently as in 2005. That year, I attended an American football game at Ole Miss and was surprised when the band played “Dixie” at the end. White boys and white girls stood up and belted out the folk song of the Confederacy, while black students filed out.

In 1958, South Carolina made it a crime to desecrate the battle flag. Three years later, on the 100th anniversary of the outbreak of the civil war, it was hoisted above its Capitol building in Columbia. That day, there was a struggle in the US Congress to keep federal funding going for segregated schools.

So clear is the link between the postwar white resistance to civil rights and the battle flag that many see it as the symbolic equivalent of the N-word. Jack Hunter, the editor of the conservative website Rare Politics, says: “Some people insist that it’s not about racism, not about slavery, not about segregation. But it’s about all those things.” Hunter grew up in Charleston and used to skateboard in the car park of the church that Dylann Roof attacked. When he was a young journalist, he appeared on local radio as a rabidly right-wing masked character called “the Southern Avenger”. His past was exposed in 2013 while he was working for Rand Paul, a Republican presidential candidate, and Hunter stepped down from his position. He publicly renounced his youthful association with racial conservatism. He now eschews any romanticism about the Confederate cause and its demand for states’ rights. “States’ rights to do what?” he asks: the right to discriminate against African Americans? He is glad that the State House flag is gone. He ascribes its longevity to ignorance, which was corrected by Roof’s rampage: “It was the first time that [southern Republicans] were able to see a different perspective on this symbol.”

Not everyone agrees. Richard Hines – a former South Carolina legislator, Reagan campaign state co-chair and senior activist with the Sons of Confederate Veterans – insists that the flag is “an enduring symbol of the southern fighting man”. Indeed, a poll in July found that 57 per cent of Americans think it stands for southern heritage, rather than racism. Yet that heritage has a political dimension. “Southern people are proud of who they are and there is a leftist assault to destroy the best part of America,” Hines says. “The Trotskyite elite in control of the establishment wants to root out the southern tradition” – a tradition of religious devotion, chivalry and military honour. It is possible to cast the battle flag as a pawn in a much larger cultural conflict.

In 2000, civil rights activists lobbied hard to get the battle flag removed from the top of the South Carolina Capitol and succeeded in having it shrunk in size and relocated to the grounds of State House. The issue came up in that year’s Republican presidential primaries – an unusually poisonous contest between George W Bush and John McCain. Supporters of Bush put out a false story that McCain had fathered an interracial child out of wedlock. McCain added to his woes by opining that the battle flag was “a symbol of racism and slavery”. An organisation called Keep It Flying flooded the state with 250,000 letters attacking him and he lost the crucial competition here to Bush.

The battle flag has retained a strong emotional power for a long time. This makes the Republican establishment’s abandonment of the flag all the more surprising. Then again, those who run the South are probably the people most likely to grasp how much the region has changed in just a decade.

***

In 2010 I took a trip through North Carolina. The landscape told a story. Dotted along the roadside were abandoned black buildings, the old tobacco sheds. The decline of the rural economy had rendered them obsolete. Over the fields that would once have been full of farmers were freshly tarmacked roads, stretching out to nowhere. My guide explained that these were supposed to be cul-de-sacs for new houses. North Carolina was going through a property boom. But who was going to buy all those homes, I asked? The answer: damn Yankees.

Demography is destiny. This once agri­cultural region developed fast from the 1960s onwards by keeping union membership, taxes and regulation as low as possible. Yet capitalism proved disastrous for southern conservatism. Northerners flooded in, seeking work or retirement and bringing their own values. The forecast is that North Carolina’s Research Triangle – the South’s Silicon Valley – will grow by 700,000 jobs and 1.2 million people in two decades.

White migration was accompanied by an influx of Spanish speakers as the service sector flourished. Between 2000 and 2010, the white share of the population of North Carolina fell from 70 to 65 per cent. The black proportion remained at roughly 21 per cent. The Latino proportion, however, jumped from 4.7 per cent to 8.4 per cent. Today, the proportion of people who are non-white and over 60 is about a third. But it’s approaching nearly half for those under 18. As a result, politics in the South is no longer biracial: a contest between white and black. It is increasingly multiracial and uncoupled from the region’s complex past.

The impact of these changes is reflected in voting patterns. In 2000, the South was still overwhelmingly Republican in presidential contests. Even the Democratic nominee, Al Gore, a southerner, lost his home state of Tennessee. But in 2008 and 2012, Barack Obama took those states with the fastest-changing demographics: Florida and Virginia. He won North Carolina in 2008 and lost it in 2012 – but by less than 100,000 votes. It is true that the Republicans won back control in the 2014 midterm elections, with the result that the Deep South now sends few Democrats to Congress; but the region’s political masters are not quite as traditional-minded as they once were.

The Republican relationship with the Confederate past is complex. As the party of Abraham Lincoln and the Union, the GOPs’ southern support was historically small. But in the 1960s the national Democratic Party embraced civil rights and alienated its once loyal southern following; the Republicans took the opportunity to steal some conservative white voters.

The growing southern Republican vote had a class component. Its success in local and congressional races was built more on winning over middle-class moderates than on appealing to the working-class racists who filled the ranks of the Ku Klux Klan. The southern Republican Party did enthusiastically embrace the Confederate battle flag in many quarters. But some office-holders did so only with ambiguity, while large sections of the party never identified with it at all. The period of Republican ascendancy in the South was, in reality, linked with a softening of the area’s racial politics.

Two of the Republicans’ current southern stars are Indian Americans: Bobby Jindal, the governor of Louisiana, and Nikki Haley, the anti-flag governor of South Carolina. There are just two black people in the US Senate and one of them is a Republican, the Tea Party-backed senator for South Carolina, Tim Scott. Marco Rubio, the Floridian senator and presidential candidate, is Cuban American, and the former Florida governor Jeb Bush is married to a Mexican-born woman and speaks fluent Spanish. Bush has tried to push a more moderate line on immigration, in deference to how the GOP will struggle to win the White House if it appeals only to angry white voters. The Kentucky libertarian senator Rand Paul, Jack Hunter’s former boss, has called for legal reforms to correct the trend of keeping far more black than white people in prison. And he is not the only Republican to have been moved by recent race riots sparked by police violence.

***

Violence on the streets of Ferguson, Missouri, and Baltimore, Maryland, confirmed that there still is a culture war in the US. Yet its character has changed. In the past, civil disturbances were typically leapt upon by conservative politicians as evidence of social decline. The 1992 LA riots were blamed on single parenthood and rap lyrics. In contrast, conservative leaders today are far more likely to acknowledge the problems of white racism. There is no place in their ranks for the likes of Dylann Roof. White supremacists are tiny in number.

Jack Hunter claims: “The KKK is like 12 guys in a telephone booth. Liberal groups will use their threat for fundraising but it doesn’t exist. It hasn’t properly since the 1960s.” Roof’s actions say more about gun control, mental illness and the angst of the young than they do about popular, largely liberal views on race, as polling shows.

We can see a similar liberal shift in other areas of the historic culture war. In May 2015 Gallup released the results of a “moral acceptability” survey charting changes in national attitude across all age groups, from 2001 to 2015. Approval of gay relationships jumped from 40 to 63 per cent; having a baby out of wedlock from 45 to 61 per cent; sex between unmarried men and women from 53 to 68 per cent; doctor-assisted suicide from 49 to 56 per cent; even polygamy went from 7 to 16 per cent. Abortion remained narrowly disapproved of: support for access has only crept up from 42 to 45 per cent. This is probably a result of an unusual concentration of political and religious opposition and because it involves a potential life-or-death decision. But the general trend is that young people just don’t care as much about what consenting adults get up to.

Why? It might be because old forms of identity are dying. One way of measuring that is religious affiliation. From 2007 to 2014, according to Pew Research, the proportion of Americans describing themselves as Christian fell from 78 to 71 per cent. Today, only a quarter of the population is evangelical and 21 per cent Catholic, down despite high immigration. Then there is the decline in civic or communal activity. Since 2012, the organisers of Nascar, the stock-car races, have not published attendance figures at their tracks, probably because they have fallen so sharply. The decline of this most macho and working class of sports parallels the fall in conservative forms of collective identity such as southern traditionalism.

The old culture war was, like the racial politics of the old South, binary. In the 1950s, around the same time as the South invented its tradition of flying the battle flag in colleges, the US constructed an ideal of the “normal” nuclear family unit: straight, white, patriarchal, religious. On the other side was the “abnormal”: gay, black, feminist, atheist, and the rest. The surest way to get elected in the US between 1952 and 2004 was to associate yourself with the economic needs and cultural prejudices of the majority. The approach was once summed up by a Richard Nixon strategist thus: split the country in two and the Republicans will take the larger half. But that is changing. The old normal is no longer the cultural standard but just one of many identities to choose from. The races are mixing. Women want to work more and have children later in life, possibly without marriage. Many religious people are having to rethink their theology when a child comes out as gay. And the enforcers of the old ways – the unions, churches or political parties – are far less attractive than the atomising internet.

***

Politicians are scrabbling to keep up with the diffusion of American identity. Democrats got lucky when they nominated Barack Obama and chose a presidential candidate who reflected the fractured era well: interracial, non-denominational Christian, and so on. In the 2012 presidential race the Republicans got burned when they tried to play the old culture war card on abortion. They won’t repeat that mistake. After the Supreme Court legalised gay marriage across the country in June, the right’s response was not as uniformly loud and outraged as it would have been in the past. Some protested, but serious presidential contenders such as Jeb Bush grasped the implications of the defeat. There is a cultural and political realignment going on and no one is sure where it will lead. It’s encouraging caution among the Republican top brass. It is time, they think, to abandon lost causes.

The death of southern traditionalism is part of the ebb and flow of cultural history. Identities flourish and die. As political fashions change, you find the typically American mix of triumph on one side and jeremiad on the other. Richard Hines stood vigil as the battle flag was lowered in Columbia and noted with disgust the presence of what he described as “bussed-in” activists. “They pulled out all these gay pride flags and started shouting, ‘USA, USA, USA!’ It reminded me of the Bolshevik Revolution.”

Hines reckons that more southerners will now fly the flag than ever before and says he has attended overflow rallies of ordinary folks who love their region. He may well be correct. The faithful will keep the old Confederate standard fluttering on their lawns – an act of secession from the 21st century. But in the public domain, the battle flag is on its way down and in its place will be raised the standard of the new America. The rainbow flag flutters high. For now.

Tim Stanley is a historian and a columnist for the Telegraph

This article first appeared in the 20 August 2015 issue of the New Statesman, Corbyn wars