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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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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