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.

Getty
Show Hide image

Sadiq Khan is probably London's new mayor - what will happen in a Tooting by-election?

There will be a by-election in the new mayor's south London seat.

At the time of writing, Sadiq Khan appears to have a fairly comfortable lead over Zac Goldsmith in the London mayoral election. Which means (at least) two (quite) interesting things are likely to happen: 1) Sadiq Khan is going to be mayor, and 2) there is going to be a by-election in Tooting.

Unlike the two parliamentary by-elections in Ogmore and Sheffield that Labour won at a canter last night, the south London seat of Tooting is a genuine marginal. The Conservatives have had designs on the seat since at least 2010, when the infamous ‘Tatler Tory’, Mark Clarke, was the party’s candidate. Last May, Khan narrowly increased his majority over the Tories, winning by almost 3,000 votes with a majority of 5.3 per cent. With high house prices pushing London professionals further out towards the suburbs, the seat is gentrifying, making Conservatives more positive about the prospect of taking the seat off Labour. No government has won a by-election from an opposition party since the Conservative Angela Rumbold won Mitcham and Morden from a Labour-SDP defector in June 1982. In a nice parallel, that seat borders Tooting.

Of course, the notion of a Tooting by-election will not come as a shock to local Conservatives, however much hope they invested in a Goldsmith mayoral victory. Unusually, the party’s candidate from the general election, Dan Watkins, an entrepreneur who has lived in the area for 15 years, has continued to campaign in the seat since his defeat, styling himself as the party’s “parliamentary spokesman for Tooting”. It would be a big surprise if Watkins is not re-anointed as the candidate for the by-election.

What of the Labour side? For some months, those on the party’s centre-left have worried with varying degrees of sincerity that Ken Livingstone may see the by-election as a route back into Parliament. Having spent the past two weeks muttering conspiratorially about the relationship between early 20th-Century German Jews and Adolf Hitler before having his Labour membership suspended, that possibility no longer exists.

Other names talked about include: Rex Osborn, leader of the Labour group on Wandsworth Council; Simon Hogg, who is Osborn’s deputy; Rosena Allin-Khan, an emergency medicine doctor who also deputises for Osborn; Will Martindale, who was Labour’s defeated candidate in Battersea last year; and Jayne Lim, who was shortlisted earlier in the year for the Sheffield Brightside selection and used to practise as a doctor at St George’s hospital in Tooting.

One thing that any new Labour MP would have to contend with is the boundary review reporting in 2018, which will reduce the number of London constituencies by 5. This means that a new Tooting MP could quickly find themselves pitched in a selection fight for a new constituency with their neighbours Siobhan McDonagh, who currently holds Mitcham and Morden, and/or Chuka Umunna, who is the MP for Streatham. 

According to the Sunday Times, Labour is planning to hold the by-election as quickly as possible, perhaps even before the EU referendum on June 23rd.

It's also worth noting that, as my colleague Anoosh Chakelian reported in March, George Galloway plans to stand as well.

Henry Zeffman writes about politics and is the winner of the Anthony Howard Award 2015.