Authoritarian control orders are corrupting our justice system

It’s time to end control orders and detention without trial – and restore the rule of law.

The human rights activist Bruce Kent recently called for an Algerian man who has been held under a variety of forms of detention – including control orders – to be tried or released.

"It shocks me that someone can be detained in this way without any chance of defending himself against whatever accusations there may be. This is not the justice I was brought up to believe in," said Kent.

The call came just as the coalition government was debating what to do about control orders.

The man, Mustapha Taleb, had been subject to a control order over the period of his detention since January 2003. At present he is being held in control-order-style conditions, following the efforts of successive govenments to deport him to Algeria.

Taleb fled Algeria in 2000 after being arrested and tortured in that country. He was granted political asylum a year later. In January 2003, he was arrested on suspicion of involvement with what became known as the "ricin plot" in north London. The subsequent trial in 2005 found that there was no ricin or plot, and Taleb was among those acquitted of all charges.

Following the acquitta,l he was free for five months before being detained again in prison until January 2006. He was then placed under strict house arrest in north London. In August 2006, he was again sent back to prison until July 2008, before being released into control-order-style conditions again.

He has never been told what accusations, if any, there are against him to justify his detention.

Taleb is not the only individual being held in such conditions. I visited another Algerian man, known only as G, some four years ago. He was under similar restrictive conditions, living in a flat with his wife and two children. There were limited times when he could go out of the flat.

He wore a tag and had to check in with a security monitoring company several times a day. There was no internet access allowed and he could only be visited by individuals vetted by the Home Office.

Today he is in exactly the same situation as he was four years ago, still under control-order-style detention, living under the threat that he could be returned to Algeria, where he would face torture and imprisonment. The only route out of this horror for both G and Taleb appears to lie with the European Court of Human Rights. Both have been held on the basis of the oversight of the Special Immigration Appeals Commission tribunal.

The crucial point about these cases, and indeed the whole control order system, is the dangerous precedent that has been created of detaining people without trial. The whole debate over control orders has been framed in terms of the need to find an alternative. It would seem that we have conceded to the truly Kafkaesque situation of holding people without telling them what they are accused of, seemingly indefinitely in some cases, on the basis of unseen intelligence.

It is this point that is so crucial, because once it is accepted that some people are so dangerous that they can be detained outside the rite of habeas corpus, that principle can be extended to all sorts of categories. What the control-order regime has revealed is the whole paraphernalia of the security state, which has been allowed to grow inexorably under the aegis of the war on terror. It is a true glimpse of the authoritarian police state growing up in the shadows of our justice system.

The time has come to restore the rule of law in the UK, to get rid of control orders and the other hybrid forms of detention based on the same concept. The threat from Islamic terrorism is nothing like as great as the kind this country suffered from the IRA during the Troubles, so why have such measures been taken, which go way beyond anything ever contemplated during that very real war?

A return of the rule of law would mean that an individual can be detained only so long as the courts will allow. If the accusers do not have evidence that will stand up in court, the individual concerned should be allowed to go free. To paraphrase a former prime minister, it is now time to restore the rules of the game.

Paul Donovan, a freelance journalist, has documented the steady erosion of liberty and the extension of measures such as detention without trial over the past 15 years.

Paul Donovan writes weekly columns for the Irish Post and Catholic weekly the Universe. He also contributes to the Guardian’s Comment is Free site, Tribune and the Morning Star.
Alison McGovern
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Forget universal basic income - this is how we can include voters in economic growth

The links between economic growth of the country and that of the people, families and towns have broken. The state can fix them again. 

Economic policy is always boring, until it’s too late.

Pensions. How they are funded, who they cover, what happens if they fail. Boring. Until it was too late.

Mortgages. Who has them, who needs one, who should have one. Boring. Until it was too late.

Finance. Capital markets, their products, their structure, their risk profile. Boring. Until it was too late.

You see the point I’m making. It’s easy to look away from numbers. The data doesn’t necessarily tell us an obvious story. And then one day, a catalyst sparks an unforeseen, if, with hindsight, predictable event, and we all wonder why we didn’t see it coming.

Something similar happened with the Brexit vote. Of course, it was a perfect political storm: an overconfident Prime Minister calls a referendum that he only needs to have to pay off his right flank, safe in the knowledge that the mainstream voters and the leadership of the Labour party will carry him through. Except he forgets that there is someone more despised than even his right flank - him. 

But beneath all of that, the Brexit vote revealed a divided country. Between those who felt that Britain as it was before the referendum offered them a decent enough – if imperfect - future, and those who felt it offered them nothing of the sort. 

Could we have seen it coming? Perhaps we could. Take two graphs.

Real wages are still, today, on average below what they were in 2008, nearly a decade ago. At the point of the referendum, average wages were yet to return to the level they hit eight years earlier. The difference between real and nominal wages is inflation. People have watched prices steadily drift up while their wages have remained stubbornly flat. Not an overnight shock, but a long drawn out crisis all the same.

Vast numbers of pensioners (over 60 per cent of them) voted to leave the European Union, and pensioners incomes have not seen the same fall as incomes for the working age population (in fact they rose by 19 per cent in real terms in the last 10 years). But it is important not to overinterpret the data with hindsight. After all, there are nearly 32m British people of working age. That surely should have been enough to carry the vote, had far too many people had so little reason to back the status quo.

In the years running up to the crucial Brexit vote, the economy was, by and large, moving ahead. But in the case of the most crucial, most noticeable, economic transfer - a person’s wages - the economy was not moving ahead at all. In fact between the crash and the 2015 general election, wages largely only fell, and since then, pay has struggled to make up ground, against a picture of an otherwise ‘growing’ economy.

Worst of all - nearly 4m households in measurable (and therefore known) poverty include someone at work. Of the 17m Brexit voters, some were wealthy retired voters who always hated Brussels. But how many more simply had too little to lose, and couldn’t stand David Cameron?

The problem with all this though, and the reason we didn’t see it coming, is that no one’s life is a graph. I mean, we are all data points. But no one feels like a data point. And people are notoriously bad at providing logical, graph-like, mathematical reasons for their political judgements. "My individual wages have failed to keep pace with growth in the economy at large," said no person on no doorstep, ever. Unhappiness with what is on offer manifests itself in lots of different ways but it isn’t likely to be an analysis of the macro-economy.

We all know of course that people are much more likely to connect with politics (and politicians) emotionally. That is how we make our choices. But our emotions are informed by the facts of our life and are responses to the facts we see. So, whilst the graphs above cannot tell us all we need to know about why Remain lost, they do tell us about some facts likely to impact on the choices we make.

The challenge is to work out how we can change the trends shown on the graph, and how this in turn will affect those who lost out over the past decade. What can be done to repair the link between economic growth and economic growth for all?

This challenge is to create "inclusive growth". Or as I think of it, making sure there is a hard chain which links growth in the economy overall to the growth of wages and incomes of the many. When the country rises, so must all within it.

The hard links in the chain are what should have kept our country together. They are the rules that should have meant that the British economy doing better meant individuals, families, towns, cities all doing better too. You can see from the graphs above that the rules worked between 1997 and about 2005. Our country grew, and we all grew in capacity with it. But then the model stopped working. And 11 years later people were asked to vote for the status quo, even though the status quo was clearly failing the many.

We will never be able to see the trends until it is too late. We need rules that shape our markets, including the labour market, to achieve an outcome that people can see and feel in their pockets. Analysis of the past is only any good if it can help shape the future. 

It’s not enough to say that somehow our economy is rigged against people, as if this was one great fiddle. Rather, we should remember that policy choices have consequences. 

Now some people suggest that the correct response to falling wages, and precarious work, is some sort of universal benefit, or citizens’ income. But recent Fabian Society research demonstrated that the vast majority of people – about 80 per cent - feel positive about their work even despite the story told here about wages. So even if it were practical for government to raise taxes in order to transfer something in the region of the state pension to every person in our country, it hardly seems like it would be popular. 

If people, in general terms, actually like their work, the problem is then making sure they get paid enough and get promotions. It means recognising what the past decade has taught us: that the growth of the economy must mean economic growth for all within the economy, or else there will be consequences.

So, the question remains: what are the hard links in the chain between the economic growth of the country as a whole, and economic growth of the people, families and towns within it?

Unfortunately, this is where the boring stuff still matters. You can get paid more if you have better prospects. That means a buoyant labour market, and the skills to participate in it.

Now the government say that they are addressing the challenges in our economy by investing in infrastructure, through an industrial strategy. And along with buzzy new ideas like universal basic income (where citizens are guaranteed a certain income), everyone in politics loves announcing campaigns for new railway lines (me included). Trains are big, fast, expensive and showy. But travelling to work by train tends to be the preserve of those who already have a high-skilled job and are commuting some distance. We should worry a little more about those who get the bus to work.

Then take those who work in low-pay sectors like care, retail, hospitality, or construction. Each sector has its own challenges, but one thing that unites of all these sectors is the likelihood of people working in them to be working below their potential skill level. Hopefully our new metro mayors will be able to provide better education opportunities for those at or near the minimum wage. But what about in those areas without mayors? Do they fall even further behind? Skills transfers matter much more for future growth than a massive financial transfer like universal basic income.

And in case anyone should think that I have forgotten, with less than 15 per cent of people in the private sector represented by a trade union, it is little wonder that workers have insufficient power to command better wages. Our labour market leaves too many people on their own, without the strength of collective bargaining to get them a good deal.

Universal basic income fails for another crucial reason. It would fail for the same reason that tax credits were economically effective but open to political challenge. For most people, the part of government, of the state, that they wish to defend are the things they can see, they can touch, emotionally engage with. The hospital their child was born in, that cared for a sick parent, the school they went to, the park they played in with their grandchild. They prefer to earn their wages, and do a job they enjoy. Transfer payments from the state are always harder to defend, as the history books attest. 

So for me, truly inclusive growth means making the most of the institutions we already have – colleges of further education for example – and building new ones like universal quality childcare. Many members of our workforce are prevented from returning to work after the birth of a child, simply because of the cost of childcare. Universal free childcare would allow many more women to go back to work or have the time to gain more skills, should they want to. Moreover, good quality childcare would benefit all of our children by narrowing the attainment gap. These hard links in the chain - the links that ensure that growth in Britain involves economic growth of all of those people and places within it - are, in fact, the institutions of the state. 

These are the platforms Labour governments have built for ordinary people to stand on. But these are the very institutions under attack from current government policy. If we’re going to rebuild the chain, then the government must change tack. We need to develop new ideas and solutions and the all-party parliamentary group on inclusive growth can be a place to bring people together across the party divide. Theresa May has spoken about an economy that works for all. Now’s the time to protect the institutions that can deliver that economy and inclusive growth, before it is too late.

The APPG on Inclusive Growth's 'State of the Debate' event with the OECD, World Economic Forum, RSA and IPPR is on Tuesday 21st February at 6.30pm at Parliament. See www.inclusivegrowth.co.uk for full details.

Alison McGovern is Labour MP for Wirral South.