Will a weak compromise on control orders trigger rebellion?

David Davis criticises “control orders lite” as coalition prepares to announce new measures.

The Home Secretary, Theresa May, is set to unveil a series of measures to replace the controversial "control orders" currently placed indefinitely on terror suspects who cannot be prosecuted.

For months, the government has been involved in a tug-of-war over the issue, with MPs from all three parties arguing strongly for their retention or abolition. It has been particularly contentious for the coalition, with David Cameron reportedly describing negotiations as a "fucking car crash" last year.

The measures to be announced today will essentially amount to a face-saving exercise – while Nick Clegg fought the election pledging to abolish control orders, May has faced pressure from the security services and authoritarian voices in her party to retain them.

What is expected is a compromise package of measures, including overnight residence requirements from 10pm to 8am – though Clegg will be able to claim progress, as the 16-hour curfews that critics called "virtual house arrest" will end. Electric tagging will continue, although current restrictions on access to the internet and phones will be eased, as will bans on working and being educated.

In scenes reminiscent of George Orwell's "newspeak", officials are reportedly attempting to come up with a new name that is neither "control order" nor "surveillance order", but conveys the need for pre-emptive action. "Restriction order" is said to be one possibility. As the newly appointed shadow home secretary, Yvette Cooper, pointed out, they "look a lot like control orders".

While any softening of these restrictive and undemocratic orders is a good thing, the fundamental problem has not been addressed – namely, that people are in effect imprisoned without trial and without being told what their crime is.

Writing in the Times (£) today, the renegade Tory MP David Davis, who first signalled his opposition to control orders last year, summarises this position:

The greatest single problem with control orders is that they have become a substitute for the judicial process, whose primary aim is to prosecute and put terrorists in prison.

Many of these problems would vanish if control orders were brought within the normal judicial process, as a form of police bail. It is not unusual in criminal proceedings, while the police are collecting evidence, for courts to allow various restraints on suspects – for them to be restricted from associating with other criminals, or to have to stay in the country. This is justifiable as part of prosecuting a crime and because it is part of an open, rather than a shadowy process. We should implement such a procedure for terrorism cases as a replacement for control orders. If we did, nobody could accuse us of dropping our commitment to the rule of law.

The thrust of his argument is remarkably concordant with the Lib Dem manifesto, which stated: "The best way to combat terrorism is to prosecute terrorists, not give away hard-won British freedoms." As a New Statesman leader pointed out last year, there is a clear, liberal alternative: allowing intercept evidence in court so that terrorism suspects can be prosecuted.

Back in November, Davis told the BBC that 25 Lib Dem MPs and possibly as many Tories would vote against retaining control orders under any guise. Could the coalition be about to face its first major rebellion?

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

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It's easy to see where Berlin is being rebuilt – just hit the streets

My week, from walking the streets of Berlin to class snobbery and the right kind of gentrification.

Brick by brick, block by block, the people are rebuilding the city once called Faust’s Metropolis. To see it clearly, put your boots on. One of the most bracing walks starts by the Gethsemane Church, which served as a haven for dissenters in the last days of the GDR and takes you down ­towards the Hackescher Markt.

Here, in what is still the eastern half of a divided city that wears its division more lightly, is a Berlin experience both old and new. In three decades of frequent visits, it has been fascinating to note how much this part of town has changed. Even a decade ago these streets were rundown. With crumbling buildings showing bulletholes, it wasn’t hard to imagine what the place looked like in 1945. Now there are lilacs, blues, and yellows. Cafés, bars and restaurants abound, serving the young professionals attracted to the city by cheap rents and a renewed sense of community.

 

Breaking the fourth wall

Looking north along Schliemannstraße, you’ll find a delightful vista of well-tended balconies. It’s a pleasant place to live, notwithstanding the gaggle of grotesques who gather round the corner in the square. On Kastanienallee, which forms the second leg of the walk, an old city feels young. It’s a kind of gentrification but the right kind. There’s more to eat, to drink, to buy, for all.

Berlin, where Bertolt Brecht staged his unwatchable plays, was supposed to have been transformed by a proletarian revolution. Instead, it has been restored to health by a very middle-class one. Germany has always had a well-educated middle class, and the nation’s restoration would have impossible without such people. The irony is delicious – not that irony buttered many parsnips for “dirty Bertie”.

 

The new snobbery

The British Museum’s survey of German history “Memories of a Nation” is being presented at the Martin-Gropius-Bau as “The British View”. Germans, natürlich, are curious to see how we observe them. But how do they see us?

A German friend recently in England  said that the images that struck him most forcibly were the tins of food and cheap booze people piled up in supermarkets, and the number of teenage girls pushing prams. Perhaps Neil MacGregor, the former director of the British Museum who will shortly take up a similar role here at the new Humboldt Forum, may turn his attention to a “German View” of the United Kingdom.

There’s no shortage of material. In Schlawinchen, a bar that typifies Kreuzberg’s hobohemia, a college-educated English girl was trying to explain northern England to an American she had just met. Speaking in an ugly modern Mancunian voice that can only be acquired through years of practice (sugar pronounced as “sug-oar”), she refer­red to Durham and York as “middle class, you know, posh”, because those cities had magnificent cathedrals.

When it comes to inverted snobbery, no nation can match us. To be middle class in Germany is an indication of civic value. In modern England, it can mark you as a leper.

 

Culture vultures

The Humboldt Forum, taking shape by the banks of the Spree, reconsecrates the former site of the GDR’s Palace of the Republic. When it opens in 2018 it will be a “living exhibition”, dedicated to all the cultures of the world. Alexander von Humboldt, the naturalist and explorer, was the brother of Wilhelm, the diplomat and philosopher, whose name lives on in the nearby university.

In Potsdamerplatz there are plans to build a modern art museum, crammed in between the Neue Nationalgalerie and the Philharmonie, home to the Berlin Philharmonic. Meanwhile, the overhaul of the Deutsche Staatsoper, where Daniel Barenboim is music director for life, is likely to be completed, fingers crossed, next autumn.

Culture everywhere! Or perhaps that should be Kultur, which has a slightly different meaning in Germany. They take these things more seriously, and there is no hint of bogus populism. In London, plans for a new concert hall have been shelved. Sir Peter Hall’s words remain true: “England is a philistine country that loves the arts.”

 

European neighbours

When Germans speak of freedom, wrote A J P Taylor, a historian who seems to have fallen from favour, they mean the freedom to be German. No longer. When modern Germans speak of freedom, they observe it through the filter of the European Union.

But nation states are shaped by different forces. “We are educated to be obedient,” a Berlin friend who spent a year at an English school once told me. “You are educated to be independent.” To turn around Taylor’s dictum: when the English speak of freedom,
they mean the freedom to be English.

No matter what you may have heard, the Germans have always admired our independence of spirit. We shall, however, always see “Europe” in different ways. Europe, good: we can all agree on that. The European Union, not so good. It doesn’t mean we have to fall out, and the Germans are good friends to have.

 

Hook, line and sinker

There are fine walks to be had in the west, too. In Charlottenburg, the Kensington of Berlin, the mood is gentler, yet you can still feel the city humming. Here, there are some classic places to eat and drink – the Literaturhauscafé for breakfast and, for dinner, Marjellchen, a treasure trove of east Prussian forest delights. Anything that can be shot and put in a pot!

For a real Berlin experience, though, head at nightfall for Zwiebelfisch, the great tavern on Savignyplatz, and watch the trains glide by on the other side of Kantstraße. Hartmut Volmerhaus, a most amusing host, has been the guvnor here for more than 30 years and there are no signs that his race is run. The “Fisch” at twilight: there’s nowhere better to feel the pulse of this remarkable city. 

This article first appeared in the 01 December 2016 issue of the New Statesman, Age of outrage