Clegg ups the volume on civil liberties

Can the government's email surveillance woes be cured?

It might have taken a few days longer than most Liberal Democrats would have liked, but Nick Clegg has finally upped the volume on civil liberties. Not only has he successfully demanded a U-turn on Ken Clarke's proposals for a vast expansion of secret trials (£), but he has ramped up the rhetoric on plans to track the public's phone calls and emails.

On Monday, he offered a rather half-hearted defence of government plans to track the public’s phone calls and emails, saying that the proposals were only “updating existing laws”. Now, Clegg has spoken out in much stronger terms, telling the Guardian:

I saw the appalling populist excesses of authoritarian home secretaries, like John Reid, under Labour. This total casual disregard for people who care about privacy and civil liberties – I am not going to allow this government to make the same mistake.

The bill will no longer appear in the Queen’s Speech; it will be delayed and go through an open parliamentary consultation process which will examine draft clauses.

But does this mean that Clegg will oppose the proposal altogether? Well, no. He retains the same position: that security services need to be able to access communications data – so details of when , where and by whom an email or call is made – if not the content, which would still require a warrant. Reiterating that the Sunday Times story that kicked off the row was “wildly hyperbolic”, he said:

There is a gap opening up in the application of existing statutory powers for the police because of the increasing volume of email and telephone traffic that is now directed via voice over internet protocol means … I am keen to lower the temperature by reassuring people that we are not doing what we are accused of wanting to do, which is to create new databases and create new powers of surveillance over the contents of people's emails.

What this comes down to is a problem with communication. Liberal Democrats and Tories alike are said to be frustrated that May did not manage the fall-out by giving a proper, detailed response to the negative coverage. It is just the latest example of the government digging a hole by failing to explain the ins and outs of a policy.

Despite emphasising his role in restraining the security services – who “will always say they need new powers tomorrow”, Clegg essentially retains his support for the proposal:

We are saying we will only think of legislating if you can prove to us that it really is necessary. And I am persuaded there is a dilemma. There just is an issue.

The Information Commissioner Christopher Graham does not agree. He has said: "The case for the retention of this data still needs to be made. The value of historic communications data in criminal investigations has not yet been elucidated." Clegg’s party, who are up in arms about this assault on civil liberties, may be temporarily allayed by a proper consultative process for the bill. But unless the arguments for why this bill is necessary are convincingly made, it will be difficult to get them – and the public – on side.
 

Nick Clegg has spoken about about civil liberties and email surveillance. Photograph: Getty Images

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Will Britain end up agreeing a lengthy transition deal with the EU?

It's those seeking to prevent a referendum re-run who have the most to fear from a bungled exit.

You can check out, but you'll never leave? Today's papers all cover the growing momentum behind a transition arrangement after Britain leaves the European Union, whereby the United Kingdom remains in the single market and customs union.

The FT reports on the first meeting between Theresa May and her new “business council”, in which business leaders had one big message for the PM: no-one wants a “no deal” Brexit – and Confederation of British Industry director Carolyn Fairbairn repeated her call for a lengthy transition arrangement.

The Times splashes on government plans drawn up by Philip Hammond that include a two-year transition arrangement and private remarks by David Prior, a junior minister, that Britain was headed for “the softest of soft Brexits”.

A cabinet source tells the Guardian that the transition will last even longer than that – a four-year period in which the United Kingdom remains in the single market.

Broadly, the argument at the cabinet table for a transition deal has been won, with the lingering issue the question of how long a transition would run for. The fear among Brexiteers, of course, is that a temporary arrangement would become permanent.

Their long-term difficulty is Remainers' present problem: that no one is changing their minds on whether or not Brexit is a good idea. Put crudely, every year the passing of time winnows away at that Leave lead. When you add the surprise and anger in this morning's papers over what ought to be a routine fact of Brexit – that when the UK is no longer subject to the free movement of people, our own rights of free movement will end – the longer the transition, the better the chances that if parliament's Remainers can force a re-run on whether we really want to go through with this, that Britain will stay in the EU.

A quick two-year transition means coming out of the bloc in 2022, however, just when this parliament is due to end. Any dislocation at that point surely boosts Jeremy Corbyn's chances of getting into Downing Street, so that option won't work for the government either.

There's another factor in all this: a transition deal isn't simply a question of the British government deciding it wants one. It also hinges on progress in the Brexit talks. Politico has a helpful run-down of the progress, or lack thereof, so far – and basically, the worse they go, the less control the United Kingdom has over the shape of the final deal.

But paradoxically, it's those seeking to prevent a referendum re-run who have the most to fear from a bungled exit. The more time is wasted, the more likely that the UK ends up having to agree to a prolonged transition, with the timing of a full-blown trade deal at the EU's convenience. And the longer the transition, the better the chances for Remainers of winning a replay. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.