What will happen to the Illiberal Party?

Ed Miliband makes progressive noises on civil liberties

If the Labour Party had won the general election, the UK government would now be moving on to the final imposition of a deeply flawed national ID Card scheme.

It was only the Labour Party's defeat that prevented this calamity from occurring.

Indeed, on that issue as for many others, it would be more accurate to describe the Labour Party after 2001 as the Illiberal Party. It was not the first period in office of an Illiberal Party: Pitt the Younger and Lord Liverpool presided over similar administrations either side of the Napoleonic Wars. But this Illiberal administration was perhaps the worst of the modern age.

And presumably every delegate at the Labour conference campaigned and voted for the re-election of this Illiberal Party. Had each of these delegates had their way, the Illiberals would be continuing their relentless assault on domestic civil liberties. Policy would still be made at New Scotland Yard and walked across Victoria Street and down Strutton Ground to the new Home Office. Prison would still be "working" and Ken Clarke would still be in business.

Now Ed Miliband, in his first leadership speech, appears to be telling his party members that they were wrong to be so illiberal for so long and in so many ways:

"My generation recognises too that government can itself become a vested interest when it comes to civil liberties.

I believe too in a society where individual freedom and liberty matter and should never be given away lightly.

The first job of government is the protection of its citizens. As Prime Minister I would never forget that.

And that means working with all the legitimate means at our disposal to disrupt and destroy terrorist networks.

But we must always remember that British liberties were hard fought and hard won over hundreds of years.

We should always take the greatest care in protecting them.

And too often we seemed casual about them.

Like the idea of locking someone away for 90 days - nearly three months in prison - without charging them with a crime.

Or the broad use of anti-terrorism measures for purposes for which they were not intended."

These are fine sentiments: an overall admission that the government of which he was a member just went too far.

To say such things must be a good start. Former ministers can and sometimes must disown their own periods in office - one thinks of Thatcher moving on from Heath's economic policies after 1975 - and it may well be that Miliband is signalling such a break.

It may even be that Miliband will seek to attack the Coalition on civil liberty issues from the Left. If so, that would be refreshing contrast to the awful precedent of Tony Blair's years in opposition, when as shadow Home Secretary and Labour leader he continually attacked the Major administration from the Right and got plaudits from the tabloids for doing so.

However, one must read carefully what Miliband says. He admits to excess; but it is less clear what he thinks to be appropriate. When he states "the important things we did like CCTV and DNA testing" is he saying that the surveillance society is the one we shoud live in? Is he commending the routine holding of DNA of suspects, declared to be illegal by the European Court of Human Rights? Is he actually saying anything progessive at all?

The truth is that the Labour Party - with the honourable exceptions of Roy Jenkins and others who moved onto the Liberal Democrats - has never "got" civil liberties. In a similar way the Conservatives have never really "got" the Welfare State. They may mean well and say sometimes what others want them to say, but their hearts and minds are just not engaged.

These reservations apart, at least Ed Miliband is making the right sort of noises. And all those at the Manchester conference - who only months ago were urging us to re-elect their Illiberal Party - now seem to like these noises. So let's see how those noises convert into detailed progressive criticism of Coalition policy.


David Allen Green is a writer and lawyer. His Jack of Kent blog was shortlisted for the George Orwell Prize in 2010. He blogs for the New Statesman on legal and policy issues.

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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How the row over Jackie Walker triggered a full-blown war in Momentum

Jon Lansman, the organisation's founder, is coming under attack. 

The battle for control within Momentum, which has been brewing for some time, has begun in earnest.

In a sign of the growing unrest within the organisation – established as the continuation of Jeremy Corbyn’s first successful leadership bid, and instrumental in delivering in his re-election -  a critical pamphlet by the Alliance for Workers’ Liberty (AWL), a Trotskyite grouping, has made its way into the pages of the Times, with the “unelected” chiefs of Momentum slated for turning the organisation into a “bland blur”.

The issue of contention: between those who see Momentum as an organisation to engage new members of the Labour party, who have been motivated by Jeremy Corbyn but are not yet Corbynites.

One trade unionist from that tendency described what they see the problem as like this: “you have people who have joined to vote for Jeremy, they’re going to meetings, but they’re voting for the Progress candidates in selections, they’re voting for Eddie Izzard [who stood as an independent but Corbynsceptic candidate] in the NEC”.  

On the other are those who see a fightback by Labour’s right and centre as inevitable, and who are trying to actively create a party within a party for what they see as an inevitable purge. One activist of that opinion wryly described Momentum as “Noah’s Ark”.

For both sides, Momentum, now financially stable thanks to its membership, which now stands at over 20,000, is a great prize. And in the firing line for those who want to turn Momentum into a parallel line is Jon Lansman, the organisation’s founder.

Lansman, who came into politics as an aide to Tony Benn, is a figure of suspicion on parts of the broad left due to his decades-long commitment to the Labour party. His major opposition within Momentum and on its ruling executive comes from the AWL.

The removal of Jackie Walker as a vice-chair of Momentum after she said that Holocaust Memorial Day belittled victims of other genocides has boosted the AWL, although the AWL's Jill Mountford, who sits on Momentum's ruling executive, voted to remove Walker as vice-chair. (Walker remains on the NEC, as she has been elected by members). But despite that, the AWL, who have been critical of the process whereby Walker lost her post, have felt the benefit across the country.

Why? Because that battle has triggered a series of serious splits, not only in Momentum’s executive but its grassroots. A raft of local groups have thrown out the local leadership, mostly veterans of Corbyn’s campaign for the leadership, for what the friend of one defeated representative described as “people who believe the Canary [a pro-Corbyn politics website that is regularly accused of indulging and promoting conspiracy theories]”.

In a further series of reverses for the Lansmanite caucus, the North West, a Momentum stronghold since the organisation was founded just under a year ago, is slipping away from old allies of Lansman and towards the “new” left. As one insider put it, the transition is from longstanding members towards people who had been kicked out in the late 1980s and early 1990s by Neil Kinnock. The constituency party of Wallasey in particular is giving senior figures in Momentum headaches just as it is their opponents on the right of the party, with one lamenting that they have “lost control” of the group.

It now means that planned changes to Momentum’s structure, which the leadership had hoped to be rubberstamped by members, now face a fraught path to passage.

Adding to the organisation’s difficulties is the expected capture of James Schneider by the leader’s office. Schneider, who appears widely on television and radio as the public face of Momentum and is well-liked by journalists, has an offer on the table to join Jeremy Corbyn’s team at Westminster as a junior to Seumas Milne.

The move, while a coup for Corbyn, is one that Momentum – and some of Corbyn’s allies in the trade union movement – are keen to resist. Taking a job in the leader’s office would reduce still further the numbers of TV-friendly loyalists who can go on the airwaves and defend the leadership. There is frustration among the leader’s office that as well as Diane Abbott and John McDonnell, who are both considered to be both polished media performers and loyalists, TV bookers turn to Ken Livingstone, who is retired and unreliable, and Paul Mason, about whom opinions are divided within Momentum. Some regard Mason as a box office performer who needs a bigger role, others as a liability.

But all are agreed that Schneider’s expected departure will weaken the media presence of Corbyn loyalists and also damage Momentum. Schneider has spent much of his time not wrangling journalists but mediating in local branches and is regarded as instrumental in the places “where Momentum is working well” in the words of one trade unionist. (Cornwall is regarded as a particular example of what the organisation should be aiming towards)

It comes at a time when Momentum’s leadership is keen to focus both on its external campaigns but the struggle for control in the Labour party. Although Corbyn has never been stronger within the party, no Corbynite candidate has yet prevailed in a by-election, with the lack of available candidates at a council level regarded as part of the problem. Councilors face mandatory reselection as a matter of course, and the hope is that a bumper crop of pro-Corbyn local politicians will go on to form the bulk of the talent pool for vacant seats in future by-elections and in marginal seats at the general election.

But at present, a draining internal battle is sapping Momentum of much of its vitality. But Lansman retains two trump cards. The first is that as well as being the founder of the organisation, he is its de facto owner: the data from Jeremy Corbyn’s leadership campaigns, without which much of the organisation could not properly run, is owned by a limited company of which he is sole director. But “rolling it up and starting again” is very much the nuclear option, that would further delay the left’s hopes of consolidating its power base in the party.

The second trump card, however, is the tribalism of many of the key players at a local level, who will resist infiltration by groups to Labour’s left just as fiercely as many on the right. As one veteran of both Corbyn’s campaigns reflected: “If those who have spent 20 years attacking our party think they have waiting allies in the left of Labour, they are woefully mistaken”. 

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