The Staggers

The New Statesman’s rolling politics blog

Clarke won’t go – thanks to Miliband

The Justice Secretary’s resignation wouldn’t have been good news for Labour in any case.

By Duncan Robinson Published 19 May 2011 9:58

Kenneth Clarke has apologised following his comments on rape and rape sentencing yesterday. It wasn't the apology that saved his career, though – it was Ed Miliband.

The moment Miliband called for Clarke to be sacked, Clarke was safe. Sacking Clarke, or shifting him sideways, could have been a fillip for David Cameron. He would have looked swift and decisive. It would have also thrown a bone to the increasingly peeved right of his party, who think that the Tories are going soft on crime. Clarke's Europhilia and liberal tendencies do not make him popular with elements of his own party. Miliband's call for Clarke's head, however, took the option off the table for Cameron. If he had bowed to Miliband, he would have looked spineless.

Instead it looks as if Clarke will survive, if he continues to show suitable contrition. The irony, as my colleague George Eaton points out, is that many in the Labour Party don't want him to go – at least, not thinking from a policy point of view. Indeed, many in Labour seem to agree with Clarke's prison policies, as the New Statesman blogger Dan Hodges points out. Clarke is a liberal and competent minister who is attempting to turn the UK away from its over-reliance on prisons.

In terms of general policy, Clarke and Miliband are not disimilar when it comes to sentencing. Even when writing in the Sun – when a leader of the opposition should be at his or her blustering best on law and order – Miliband called for sentencing reform. He wrote:

Tougher prison sentences aren't always the answer. I think there are times when people get locked up and come out as harder criminals. Some non-violent offenders can be better punished with a tough community sentence, working off their debt to communities over months rather than getting off with a few days in jail.

Clarke is attempting to enact this type of policy. If he goes, the policy goes with him. What he said was stupid and betrayed a depressingly common prejudice that some rapes are not "serious" or violent, and he was right to apologise. But Miliband should not have called for him to go.

Even if Clarke were to be sacked and a more authoritarian justice secretary replaced him, Cameron would have looked weak briefly, but at what cost to Miliband and Labour? If Dominic Grieve had come in and started hammering criminals, there would have been no boost for Labour. No one – least of all Conservative politicians – loses votes for locking too many people up.

Yesterday was bad politics by Miliband. As Steve Richards points out in the Independent, a "leader of the opposition cannot call on ministerial resignations too often". With this in mind, Miliband has played his hand too early. Clarke won't go – and Miliband shouldn't want him to.

More from Duncan Robinson

30 comments

Thu, 2011-05-19 20:19 — hugh markey (not verified)

Never kick a man when he's down. At least, leave it to the bovver-boys at the top of the Tory Party. They've both been prefects, surely. Obviously, they know how to deal with a grammar school type who's grown too big for his boots.

Guv'

Thu, 2011-05-19 20:50 — Fubar Saunders (not verified)

Yep... seems this politics lark is a bit above some of you, isnt it?

Well written article. You guys really ought to listen to Dan Hodges an awful lot more than you do. It might make you electable again.

Sat, 2011-05-21 00:25 — David (not verified)

@Peter

What you forget to mention is that the trade-off for such 'good politics' is that Miliband has made himself look completely reactionary and unbecoming in the eyes of the public, the majority of whom see the fuss (even if manufactured) that he and Cooper have made over this as a ridiculous over-reaction.

Thu, 2011-05-19 10:10 — Dave C (not verified)

Yesterday was rather good politics by Miliband.

The Tories were on the back foot all day yesterday and the story will keep running until at least Question Time (with Clarke at Wormwood Scrubs Prison) tonight.

Thu, 2011-05-19 10:22 — Bonnie C (not verified)

"non-violent offenders" is the key phrase in this faulty blog. Rape is (at least one of) the most violent types of crimes that exists.

Thu, 2011-05-19 10:30 — Kathy (not verified)

I agree with the op-ed. The moment Ed Miliband asked for Clark's resignation; I knew his job was safe.
Yes, the matter kept the story in the headlines; but at what cost?

Ed Miliband for some reason had been on the quiet, opted out of the scene. But he chose 1st to back the so called Blue Labour (as if the name is not bad enough) and now this another bandwagon moment.

There are better ways he could have had the Govt on the back foot than going for a simple and cheap option.

I have said it time and time again; Ed Miliband is an accidental leader of the Labour Party. All I heard during the last leadership campaign; was how good he was, how he was better than his brother; but when I asked for evidence; no one was able to produce one.

Ed was talked up for the job he was not ready for and now the Labour Party is paying the price. I am sorry to say but I don't see Ed Miliband as Prime Minister any time soon; and it is such a pity as this govt of Condems is fighting battles day in day out; that one can't see them lasting the long haul. Should Dave Cameron call an election may be next year; I can't see the electorate giving Ed Miliband the job. Obviously his supporters will state otherwise.

Thu, 2011-05-19 10:34 — puzzlebobble (not verified)

"Yesterday was bad politics by Miliband"

Do you not think that Miliband would have realised that Clarke was unpopular with the Tory far-right and the Cameroons and that by demanding his sacking, particularly with a time deadline, he would be helping Clarke escape any easy excuse for Cameron to sack him?

Thu, 2011-05-19 10:35 — Seamiek (not verified)

So Miliband shouldn't want Clarke gone, and his actions prevented Cameron from being able to fire him? That sounds like some quite clever political maneuvering to me...

Thu, 2011-05-19 10:36 — Peter Donaldson (not verified)

Rape is a serious crime. Rapists often commit other offences with it, such as threatening behaviour, robbery, assault, actual bodily harm, grievous bodily harm, administering a noxious substance, false imprisonment etc. A good case could be made for sentencing separately for each crime. That way, there would be no scope for argument about degrees of seriousness of the rape itself. The rape would carry its own tariff, to which the punishments for the accompanying crimes would be added.

Thu, 2011-05-19 10:51 — martybee (not verified)

If Clarke can't distinguish between Date Rape and 'Statutory'rape It might be the reason he gave up practising law to become a politician..but unfortunately no improvement in competence.

Thu, 2011-05-19 10:52 — saltyseadog1

Ed Milliband knew exactly what the out come of his appeal to Cameron would be. He stopped Cameron from looking decisive by firing Clarke and now he has a lame duck Justice Secretary who can be called anti-women from now to the next election.

Thu, 2011-05-19 10:56 — David Wearing1

If calling for Clarke's resignation ensures that he stays (probably contrary to Cameron and Osborne's preference), if Clarke's staying keeps alive a policy programme with which Labour is broadly sympathetic, and if Clarke's staying keeps Cameron's backbenchers disgruntled, then on those terms, perhaps Miliband acted correctly at yesterday's PMQs.

Thu, 2011-05-19 11:02 — Daniel Taghioff (not verified)

The fact that the comments on this piece pick up the obvious internal contradiction within this piece shows it was not well thought out.

"Miliband made a mistake but did something good for the Labour Party"

Its a tiny bit mean-spirited isn't it? Where is the evidence that this was a blunder?

Thu, 2011-05-19 11:34 — Matthew Preston (not verified)

Miliband prevents Cameron looking decisive by pandering to the Tory right and at the same time ensures that memories of the 'nasty Tory party' are stirred up. I think there's a strong possibility that this issue will add to a growing impression of a re-contaminated Conservative party - especially with women voters. So in terms of a long game this may have been very astute by Miliband indeed.

Thu, 2011-05-19 11:52 — Widdershins (not verified)

Ed Miliband should be the one to resign.

His attempts to play politics with a subject as serious as rape was truly odious (but I bet it was Ed Balls' idea. It's got his nasty stamp on it).

Miliband's cant at PMQs yesterday was blindingly obvious and he has revealed himself to be the light-weight opportunist many thought he was.

Thu, 2011-05-19 12:02 — Malcom Tucker (not verified)

"martybee
19 May 2011 at 09:51

If Clarke can't distinguish between Date Rape and 'Statutory'rape It might be the reason he gave up practising law to become a politician..but unfortunately no improvement in competence."

You never actually listened to the interview did you?

It was Victoria Derbyshire who could not accept the difference between date rape, statutory rape and "serious proper" rape.

Thu, 2011-05-19 12:07 — Duncan Robinson (not verified)

@David Wearing and @Daniel Taghioff. I don't think it's mean-spirited. Ed made a mistake but thankfully it won't result in anything too bad happening. Not sure I see the contradiction.

Thu, 2011-05-19 12:33 — LMS (not verified)

Jumping on the "sack 'im" bandwagon when it comes to something like rape leaves a really bad taste in the mouth... Ed should have stayed well clear.

Thu, 2011-05-19 12:34 — Ex-labour (not verified)

@saltyseadog

And in what way is calling Clarke "anti-women from now to the next election" beneficial for Labour's electoral chances?

The swing voters that Labour needs likely recognise the sensibility of Clarke's liberalism. The sight of Ed laughing from the front bench during PMQ's was not productive.

Thu, 2011-05-19 13:42 — Stuart Eels (not verified)

To try and score political points off of something as serious as rape is sad and those of you that are making light of it should be ashamed.

Clarke, the bumnbling old buffojn that he is and always has been should never have been given a post anyhow!

Thu, 2011-05-19 13:53 — PB (not verified)

Ed shows he has no spine - pandering to the mob and the tacky tabloids, he's frightened of the extreme feminists who would accuse him of being sexist just as soon as he dare admit that Clarke simply made a poor choice of words for which he has apologised. End of story unless of course you are a rabid feminist who wilfully ignores the fact that rape sentencing does, and always should, work on a scale just like any other crime. Some of the rape is rape defendants on here need to have a good think about the possiblity that they are damaging the feminist cause with their wilfull ignorance and hanging judge mentallity. Grow up.
(A labour voter)

Thu, 2011-05-19 13:56 — Peter (not verified)

This article contradicts itself. By calling for Clarke to be sacked, Miliband stole from Cameron the chance for the PM to look decisive and win approval of the right wing of his party by shifting Clarke. Now he can't do so because he'll look like he's caving into pressure from the opposition, who don't really want Clarke to go in any case.

I'd say that's rather good politics. The author is like a mathematician who chose the right formula but got the answer wrong. Nearly, but not quite.

Time to sharpen those analytical skills, Mr Robinson.

Thu, 2011-05-19 14:15 — Duncan Robinson (not verified)

@Peter

Hardly. As Steve Richards points out, Ed Miliband has wasted political capital calling for a minister to leave. That's not good politics.

Perhaps I should have made the point that although Cameron would have looked decisive in sacking Clarke, sacking ministers is never a good thing when you're in power. So, in effect, Miliband only saved Cameron from looking as though he was doing a good job in bad circumstances. Was that worth calling for Clarke to be sacked? Miliband is crying wolf...

Fri, 2011-05-20 12:28 — Richard (not verified)

It's fascinating, really - this could turn out to be rather good politics for Miliband. If Ken Clarke sticks around, being as he is one of the most widely-acceptable Conservatives in the Cabinet, it might make prison reform less of a bitter pill for the Tory press.

If Miliband's playing a long game as he's appeared to since his election as leader, this could serve him well by making prison reform not only a necessity but one which is supported by the public.

I suppose we'll see - Miliband has proven himself to be a skilled politician generally, and I doubt he would have called for a resignation without strong consideration.

Thu, 2011-05-19 15:20 — Hasson (not verified)

It is amusing that it is the right wing that is calling for Kens Blood while the left leaning publications are less vocal. It is the policy that is the problem, most tories just don't want it. http://bit.ly/iM0yyU

Thu, 2011-05-19 17:25 — bernard (not verified)

Miliband showed what a greatly inexperienced and immature little twerp he really is at PMQs. He looks more and more lightweight every week that goes by.

If he's the best Labour have, God help them.

Thu, 2011-05-19 19:20 — Joseph (not verified)

Mr Milliband should be ashamed of himself for attempting to score political points over such an emotive subject.

Luckily most left & right minded people have made their rejection of Mr Millibands gutter politics clear.

A truly disgusting man, and for the Milliband apologists posting here, shame on you.

Thu, 2011-05-19 19:25 — martybee (not verified)

Malcom Tucker
I heard Clarke having to be reminded of the difference between Date rape and "Statutory rape" it was not until it was brought to his attention that he made a half hearted correction.
There is a difference between what you hear and what you want to hear.

Thu, 2011-05-19 19:47 — martybee (not verified)

Malcom Tucker.
2 examples.
"Derbyshire: So is date rape not as serious?
Clarke: Date rape can be as serious as the worst rapes. But date rapes... do vary extraordinarily one from another and in the end the judge has to decide on the circumstances."
_____________________________________
erbyshire: Hang on a minute. Five years on average, yes they do Mr Clarke, yes they do.
Clarke: That includes date rape, 17-year-olds having intercourse with 15-year-olds.
____________________________________
Sheer incompetence