2011: a year of unintended consequences

From OccupyLSX to Leveson, the British political system is not working well.

There are certain things which are less interesting in themselves than for the impact they have on other people.

Take for example the "Occupy LSX" protest. Whatever the protest stands for -- and there are varied and sometimes conflicting views on this -- its mere existence was enough to cause a mild crisis in the Church of England and to expose starkly the casual idiocy of those who managed a great cathedral. Now it is forcing the opaque and undemocratic Corporation of London to the High Court to defend its attempt to use legal coercion to evict the protest. And so we have the merry spectacle of a powerful and essentially private body -- with no real electoral legitimacy whatsoever -- trying to bandy "public interest" and "free expression" arguments as if they knew or cared what those concepts meant.

Or look at Julian Assange. Whatever the merits of his continual refusal to return to Sweden to be questioned about serious sexual assault and rape allegations, and notwithstanding the silly and counter-productive litigation tactics he adopted at the start of his extradition case, he has now inadvertently got the issue of the illiberal European Arrest Warrant (EAW) regime squarely before the Supreme Court. The question to be decided is a narrow one, and it is more likely or not that he will lose, but there are serious general questions to be asked about the use and misuse of EAWs and -- almost despite himself -- it may well be that this generally irresponsible charlatan will form the basis of a progressive shift in the judicial treatment of these over-powerful legal weapons.

And most of all, there is the Leveson inquiry. It cannot be over-emphasised how this inquiry did not come about as a natural consequence of a working political process. Indeed, had it not been that the Metropolitan police just had to do something back in 2005 when it was obvious the mobiles of the Royal Household were being tampered with, then there would not have been the convictions of Glen Mulcaire and Clive Goodman and -- significantly -- no seizure of Mulcaire's notebooks. In turn, there would not have been any civil litigation which uncovered the "For Neville" email and so no Gordon Taylor case. And without that litigation, there would not have been what was uncovered by last year's New York Times exposé and the dogged journalism of Nick Davies and the Guardian, and without David Cameron's lousy judgment in appointing Andrew Coulson there would have not been a political need to call an inquiry. All for the want of a less clumsy hack of Prince William's phone, the News of the World and the credibility of the British tabloid press were lost.

Along the way, each entity with the formal power and public responsibility to address the unlawful and unethical practices of the tabloid press failed to do so. The Metropolitan police closed down the investigation for no good reason; the Information Commissioner's Office took as little action as it could; and the Press Complaints Commission nodded along to what the tabloids told it. But once the scandal emerged then this lack of activity could not be sustained or justified. Something had to give.

What made the difference was the revelation that Milly Dowler's phone had been hacked. Contrary to the self-serving misdirections of those who appear to have learned nothing from the public outrage, the true significance of that sensational news was not because there had been deletions. It was instead that, at a stroke, it was apparent that hacking was not restricted to celebrities. Anyone caught up in a news story over a five to ten year period may well have had their phone hacked: soldiers, terrorism survivors, grieving or concerned parents, as well as missing school children. The spite and intrusions of the tabloids were no longer the trivial problem of famous people.

However, the true value of the Leveson Inquiry will probably not be in its proposals. No two media pundits seem to agree what would work to make the tabloid press ethical. It certainly would not be new laws and codes and enforcement bodies: all those were in place, and the abuses happened anyway. So the Leveson Inquiry undoubtedly will not so much be important for what it proposes, but what it has allowed to be revealed about others -- currently the tabloids, and soon the police. It will show what was actually going on all the time, whilst the formal public bodies did nothing to stop it.

There is something rotten about a political system where the true nature of power relations -- the very stuff of politics -- is routinely exposed by external events. No political system is perfect; but it is not wrong to expect a political system to be able to work in some fashion. Power will always tend to corrupt, and those with power will always tend to abuse it. One good test of a mature political system is to recognise and check these tendencies. But few, if any, would say that the British political system is now working at all well.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The 11 things we know after the Brexit plan debate

Labour may just have fallen into a trap. 

On Wednesday, both Labour and Tory MPs filed out of the Commons together to back a motion calling on the Prime Minister to commit to publish the government’s Brexit plan before Article 50 is triggered in March 2017. 

The motion was proposed by Labour, but the government agreed to back it after inserting its own amendment calling on MPs to “respect the wishes of the United Kingdom” and adhere to the original timetable. 

With questions on everything from the customs union to the Northern Irish border, it is clear that the Brexit minister David Davis will have a busy Christmas. Meanwhile, his declared intention to stay schtum about the meat of Brexit negotiations for now means the nation has been hanging off every titbit of news, including a snapped memo reading “have cake and eat it”. 

So, with confusion abounding, here is what we know from the Brexit plan debate: 

1. The government will set out a Brexit plan before triggering Article 50

The Brexit minister David Davis said that Parliament will get to hear the government’s “strategic plans” ahead of triggering Article 50, but that this will not include anything that will “jeopardise our negotiating position”. 

While this is something of a victory for the Remain MPs and the Opposition, the devil is in the detail. For example, this could still mean anything from a white paper to a brief description released days before the March deadline.

2. Parliament will get a say on converting EU law into UK law

Davis repeated that the Great Repeal Bill, which scraps the European Communities Act 1972, will be presented to the Commons during the two-year period following Article 50.

He said: “After that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.”

In other words, MPs will get to debate how existing EU law is converted to UK law. But, crucially, that isn’t the same as getting to debate the trade negotiations. And the crucial trade-off between access to the single market versus freedom of movement is likely to be decided there. 

3. Parliament is almost sure to get a final vote on the Brexit deal

The European Parliament is expected to vote on the final Brexit deal, which means the government accepts it also needs parliamentary approval. Davis said: “It is inconceivable to me that if the European Parliament has a vote, this House does not.”

Davis also pledged to keep MPs as well-informed as MEPs will be.

However, as shadow Brexit secretary Keir Starmer pointed out to The New Statesman, this could still leave MPs facing the choice of passing a Brexit deal they disagree with or plunging into a post-EU abyss. 

4. The government still plans to trigger Article 50 in March

With German and French elections planned for 2017, Labour MP Geraint Davies asked if there was any point triggering Article 50 before the autumn. 

But Davis said there were 15 elections scheduled during the negotiation process, so such kind of delay was “simply not possible”. 

5. Themed debates are a clue to Brexit priorities

One way to get a measure of the government’s priorities is the themed debates it is holding on various areas covered by EU law, including two already held on workers’ rights and transport.  

Davis mentioned themed debates as a key way his department would be held to account. 

It's not exactly disclosure, but it is one step better than relying on a camera man papping advisers as they walk into No.10 with their notes on show. 

6. The immigration policy is likely to focus on unskilled migrants

At the Tory party conference, Theresa May hinted at a draconian immigration policy that had little time for “citizens of the world”, while Davis said the “clear message” from the Brexit vote was “control immigration”.

He struck a softer tone in the debate, saying: “Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge.”

The government would try to win “the global battle for talent”, he added. If the government intends to stick to its migration target and, as this suggests, will keep the criteria for skilled immigrants flexible, the main target for a clampdown is clearly unskilled labour.  

7. The government is still trying to stay in the customs union

Pressed about the customs union by Anna Soubry, the outspoken Tory backbencher, Davis said the government is looking at “several options”. This includes Norway, which is in the single market but not the customs union, and Switzerland, which is in neither but has a customs agreement. 

(For what it's worth, the EU describes this as "a series of bilateral agreements where Switzerland has agreed to take on certain aspects of EU legislation in exchange for accessing the EU's single market". It also notes that Swiss exports to the EU are focused on a few sectors, like chemicals, machinery and, yes, watches.)

8. The government wants the status quo on security

Davis said that on security and law enforcement “our aim is to preserve the current relationship as best we can”. 

He said there is a “clear mutual interest in continued co-operation” and signalled a willingness for the UK to pitch in to ensure Europe is secure across borders. 

One of the big tests for this commitment will be if the government opts into Europol legislation which comes into force next year.

9. The Chancellor is wooing industries

Robin Walker, the under-secretary for Brexit, said Philip Hammond and Brexit ministers were meeting organisations in the City, and had also met representatives from the aerospace, energy, farming, chemicals, car manufacturing and tourism industries. 

However, Labour has already attacked the government for playing favourites with its secretive Nissan deal. Brexit ministers have a fine line to walk between diplomacy and what looks like a bribe. 

10. Devolved administrations are causing trouble

A meeting with leaders of Scotland, Wales and Northern Ireland ended badly, with the First Minister of Scotland Nicola Sturgeon publicly declaring it “deeply frustrating”. The Scottish government has since ramped up its attempts to block Brexit in the courts. 

Walker took a more conciliatory tone, saying that the PM was “committed to full engagement with the devolved administrations” and said he undertook the task of “listening to the concerns” of their representatives. 

11. Remain MPs may have just voted for a trap

Those MPs backing Remain were divided on whether to back the debate with the government’s amendment, with the Green co-leader Caroline Lucas calling it “the Tories’ trap”.

She argued that it meant signing up to invoking Article 50 by March, and imposing a “tight timetable” and “arbitrary deadline”, all for a vaguely-worded Brexit plan. In the end, Lucas was one of the Remainers who voted against the motion, along with the SNP. 

George agrees – you can read his analysis of the Brexit trap here

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.