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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The Brexit deal and all the other things Liam Fox finds “easiest in human history”

The international trade secretary is an experienced man. 

On the day of a report warning a no deal Brexit could result in prices rises, blocked ports and legal chaos, international trade secretary Liam Fox emerged to reassure the nation. 

He told BBC Radio 4: "If you think about it, the free trade agreement that we will have to come to with the European Union should be one of the easiest in human history.” 

Since his colleague, Brexit secretary David Davis, described Brexit negotiations as more complicated than the moon landings, this suggests we are truly lucky in the calibre of our top negotiating team. 

Just for clarification, here is the full Davis-Fox definition of easy:

Super easy: Tudor divorce

All Henry VIII had to do was break away from the Catholic Church, kickstart the Reformation, fuel religious wars in Europe, and he was married to his second wife. And his third, fourth, fifth and sixth. Plus the Henry VIII clauses are really handy for bypassing parliament in 2017.

Easy: Tea Act 1773

American colonialists were buying smuggled tea, when they could have bought East India tea instead. Luckily, the British Prime Minister Lord North, found a way to deal with the problem in a single bill. Sorted.

Bit tricky: Appeasement

So what if Neville Chamberlain had never been on an airplane before? It's hardly a moon landing. And he got peace in our time. Although he was forced to resign in 1940. Not quite as easy as he thought. 

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

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