The new dawn of control orders-lite

The cynics were right. Control orders were repackaged and rebranded and it worked: the Lib Dems cave

Those of us of a cynical bent were, as usual, proved right. Control orders haven't been scrapped or "replaced" -- they have been rebranded, rebadged and repackaged. Officially, they're now called "Terrorism Prevention and Investigation Measures" but I agree with those who call them "control orders-lite".

Alex Deane of Big Brother Watch, who once worked as chief of staff to a younger David Cameron, has sent me his eloquent and erudite response and it is worth quoting in full:

Certainly, they have been watered down and renamed. But, while any dilution of these oppressive and unjustifiable orders is to be welcomed, their continuation is completely wrong. The orders, now replaced with "Terrorism Prevention and Investigation Measures", or -- and this just trips off the tongue -- "Tpims", are control orders with a cosmetic makeover. Yvette Cooper is right. What's been announced today is not the much-heralded (and promised) end of control orders -- rather, the government has simply modified control orders -- meet the new boss, same as the old boss.

Control orders were introduced when the courts stopped the government of the day imprisoning suspected foreign terrorists who could not be deported. That was the explicit justification for them given to parliament. But, today, all the "controlees" are British. So what's the justification for them now?

The current 16-hour curfews will be replaced by an "overnight residence requirement", typically of between eight and ten hours. And the new powers will be limited to two years and will only be renewed "if there is new evidence that they have re-engaged in terrorism-related activities", which -- depending on what will be considered to be "new evidence" -- is welcome.

But, in many ways, the new orders are worse than [what we have] at present. These powers will no longer need to be reviewed every year -- plainly restrictions against those labelled terrorists without any sight of the evidence against them are now permanent. Furthermore, the "overnight stays", which might sound like a nice school trip but aren't, will be monitored using electronic tags. And the rest of the package of unpleasantness is still at hand if the powers at be want to wield them: curfews and further restrictions on communications, association and movement could all be brought in as part of "exceptional emergency measures", the Home Office said.

The injustice remains. The violation of the presumption of innocence remains. No matter how serious a judge claims things to be or how gravely he shakes his head, no assurance from a judicial source should be regarded as an acceptable substitute for a proper trial process. A judge is no substitute for a jury. It is simply never acceptable for the word of a servant of the state to be enough to lock you up -- no matter how senior or supposedly well-informed he may be. There has to be an external, verifiable, testable validation process that stands between the state accusing you and incarcerating you. In this country, we have established an excellent system of doing that: it's called a trial.

So, nobody will be fooled by this childish slight of hand -- except, perhaps, the Lib Dems, because none are so blind as those who will not see -- they can now pretend that they haven't broken their manifesto commitment.

But, of course, they have. Again. And, this time, they can't blame the deficit or the financial crisis or Greece or whatever else they've blamed in the past. The 2010 Lib Dem manifesto is clear. On page 94, it says:

We believe that the best way to combat terrorism is to prosecute terrorists, not give away hard-won British freedoms. That is why we will:

- Reach out to the communities most at risk of radicalisation to improve
the relationships between them and the police and increase the fl ow
of intelligence.
- Scrap control orders, which can use secret evidence to place people
under house arrest.

As I asked, in a Guardian piece last month: "The question the Liberal Democrats have to ask themselves is this: if they are not for liberty, then what are they for?"

 

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

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There are risks as well as opportunities ahead for George Osborne

The Chancellor is in a tight spot, but expect his political wiles to be on full display, says Spencer Thompson.

The most significant fiscal event of this parliament will take place in late November, when the Chancellor presents the spending review setting out his plans for funding government departments over the next four years. This week, across Whitehall and up and down the country, ministers, lobbyists, advocacy groups and town halls are busily finalising their pitches ahead of Friday’s deadline for submissions to the review

It is difficult to overstate the challenge faced by the Chancellor. Under his current spending forecast and planned protections for the NHS, schools, defence and international aid spending, other areas of government will need to be cut by 16.4 per cent in real terms between 2015/16 and 2019/20. Focusing on services spending outside of protected areas, the cumulative cut will reach 26.5 per cent. Despite this, the Chancellor nonetheless has significant room for manoeuvre.

Firstly, under plans unveiled at the budget, the government intends to expand capital investment significantly in both 2018-19 and 2019-20. Over the last parliament capital spending was cut by around a quarter, but between now and 2019-20 it will grow by almost 20 per cent. How this growth in spending should be distributed across departments and between investment projects should be at the heart of the spending review.

In a paper published on Monday, we highlighted three urgent priorities for any additional capital spending: re-balancing transport investment away from London and the greater South East towards the North of England, a £2bn per year boost in public spending on housebuilding, and £1bn of extra investment per year in energy efficiency improvements for fuel-poor households.

Secondly, despite the tough fiscal environment, the Chancellor has the scope to fund a range of areas of policy in dire need of extra resources. These include social care, where rising costs at a time of falling resources are set to generate a severe funding squeeze for local government, 16-19 education, where many 6th-form and FE colleges are at risk of great financial difficulty, and funding a guaranteed paid job for young people in long-term unemployment. Our paper suggests a range of options for how to put these and other areas of policy on a sustainable funding footing.

There is a political angle to this as well. The Conservatives are keen to be seen as a party representing all working people, as shown by the "blue-collar Conservatism" agenda. In addition, the spending review offers the Conservative party the opportunity to return to ‘Compassionate Conservatism’ as a going concern.  If they are truly serious about being seen in this light, this should be reflected in a social investment agenda pursued through the spending review that promotes employment and secures a future for public services outside the NHS and schools.

This will come at a cost, however. In our paper, we show how the Chancellor could fund our package of proposed policies without increasing the pain on other areas of government, while remaining consistent with the government’s fiscal rules that require him to reach a surplus on overall government borrowing by 2019-20. We do not agree that the Government needs to reach a surplus in that year. But given this target wont be scrapped ahead of the spending review, we suggest that he should target a slightly lower surplus in 2019/20 of £7bn, with the deficit the year before being £2bn higher. In addition, we propose several revenue-raising measures in line with recent government tax policy that together would unlock an additional £5bn of resource for government departments.

Make no mistake, this will be a tough settlement for government departments and for public services. But the Chancellor does have a range of options open as he plans the upcoming spending review. Expect his reputation as a highly political Chancellor to be on full display.

Spencer Thompson is economic analyst at IPPR