Interview: Jack Straw

The elder statesman of the Brown government is pressing ahead with radical reform of the UK constitu

It's hard to imagine, but Jack Straw clearly fancies himself as a character in Life on Mars, the hit retro cop drama in which a politically correct police officer from the present is transported back to the time of Ford Capris and the three-day week.

With the unions threatening a winter of industrial strife, Straw sprinkles his conversation on the eve of party conference with ominous warnings that the Labour movement must not return to the era of mutually assured industrial destruction. He comes to the interview straight from negotiations with the Prison Officers' Association, whose one-day strike in August raised the spectre of public sector unrest and reminded Straw of his long-haired youth. "We won't do ourselves any good if we get into the situation we got into in the 1970s, which I witnessed . . . It's a Life on Mars story," he says.

Don't let the tailored suits and cufflinks fool you. The Justice Secretary is a creature of glam rock. He can, he says, vouch for the accuracy of Life on Mars, as he lived through that era, first as a young barrister, and, from 1974, working for Barbara Castle, then social services secretary. Straw found himself a back-room boy during some of Labour's darkest days in power (just as David Cameron did on the Conservative side during Black Wednesday two decades later). He even remembers the pay formula won by the trade unions ("n+1"), which, he explains, was one percentage point above inflation.

We suggest that reminding the unions of the 1978-79 Winter of Discontent has become a little tired. "But I've never said remember the Winter of Discontent," Straw responds. "What I've said to them is remember the mid-1970s rather than the end, because that's what's burnt on my brain - the experience of actually being in government as a special adviser in that period and seeing where we ended. On one level, the circumstances aren't remotely the same, because public finance and the state of the British economy is completely different. But what that experience taught me was how important it was to get on top of any indications of inflation and do it quickly."

Straw insists he is keeping up a dialogue with the prison officers, but he makes clear that the overall settlement is non-negotiable. The best he can offer is more flexibility about working conditions and modernisation agreements, and he also promises to do more to raise the status of prison officers so they are seen as key public sector workers in the way that teachers, nurses and police officers are. Whether this will be enough to keep the POA membership at work is another question. He talks about dealing with prison disputes as a Groundhog Day moment.

Indeed, much of Straw's in tray marks a return to two of his former jobs, as home secretary and foreign secretary. Immediately after the interview, he is off to Brussels to discuss aspects of the new EU constitutional treaty. Straw has the air of a man who has been there and done it all, so it is impossible not to quiz him on American sabre-rattling over Iran.

He is keen not to tread on the toes of his successor, but he makes clear that the new-found cooling towards the Bush administration extends to the next potential war. "I think David Miliband has made it clear . . . military action against Iran is not on the UK's agenda." Straw has consistently hinted that he would not support military action in Iran, and he was one of the architects of the three-nation talks with Tehran, involving Britain, Germany and France. "Of course I'm an interested person; how couldn't I be an interested person?" Pressed spe cifically on reaction to a US military strike, he says: "That would be a bridge we'd have to cross. I'd make my decision at the time."

We put to him the assertions made by David Manning, Tony Blair's former foreign affairs adviser and the outgoing ambassador to Washington. In last week's NS, Manning claimed that Blair never wanted to go to war in Iraq and that the British had been misled by the US government on the postwar reconstruction. His remarks have been greeted with some scepticism, but Straw says Manning's description of events is largely accurate. "I never had the least impression that Tony was somehow gung-ho for a war and that the whole thing was cooked up, because it's simply not true."

European poetry

At 61, Straw is the elder statesman of the cabinet, one of the few members of Gordon Brown's team more senior in years than the Prime Minister himself. He is quite relaxed about admitting to differences with cabinet colleagues. He defends his support for the Muslim Council of Britain, whose near monopoly on dialogue with ministers was challenged first by Ruth Kelly, when she was communities secretary, and then by Jacqui Smith, the Home Secretary. "I think they have a fair point in saying they should not be ignored because they are representative of most of the mosque associations in the country," he says. "Sometimes I agree with them and they with me, and sometimes we have very spirited disagreements, but they are part of civil society."

Throughout Blair's fraught final years in charge, Straw was seen as the Eurosceptics' fifth columnist in cabinet. It was he who in April 2004 bounced the then PM into a U-turn on the EU constitution and agreement to a referendum. Where does he stand now? Even if, as some people argue, the new treaty is 95 per cent the same as the old one, this is not an argument for a plebiscite, he says. "It depends how you work out your 95 per cent . . . because the difference between good and bad poetry is the 5 per cent. Sometimes it's the 1 per cent." The difference, he argues, can be found in the greater clarity of the updated document over the role of a new EU foreign affairs chief, plus clearer opt-outs protecting the UK position in a number of policy areas and a less prominent role for the EU Charter of Fundamental Rights. So why did he buckle last time around? He produces an ingenious construct. "We had to have a referendum last time because of the extent of the clamour. I never accepted that it was justified in terms of what the constitution would do." This seems an odd thing to say when a significant number of Labour MPs, the unions, the Conservative Party and 60,000 signatories to a Daily Telegraph petition are calling for a referendum. We ask how loud the clamour has to be this time before the government changes tack. "I think the case is much weaker than it was."

The job of justice secretary, created after the splitting of the Home Office in two, could be seen as a fringe post. But Straw sits at the Prime Minister's left hand around the cabinet table, suggesting that the man who organised Brown's leadership campaign is also de facto Deputy Prime Minister. That he has been given the crucial job of pushing through Brown's constitutional reforms reinforces his status. His role early on during the Blair administration in drawing up the Human Rights Act made him the obvious man for the job. "The principal difference between where we were ten years ago and where we are today is that this is explicitly about reducing the power of the centre and the executive vis-à-vis parliament."

The details of the government's plans for constitutional reform have been well rehearsed (controls on the prime minister's power to declare war, ratify treaties and dissolve parliament; new oversight for the intelligence agencies; a UK Bill of Rights; a statement of British values). Straw rules out a written constitution, at least in the short term. "I'm not against a written constitution, but I think you've got to get the building blocks in place before you get there. In any case, I think it has to be done through parliament ultimately and a referendum."

Another reform missing from the government's plans thus far is changing the way the House of Commons is elected. Straw, like Brown, remains adamant that the link between MPs and the constituencies they represent should be maintained. He remains unconvinced, therefore, by arguments for proportional representation. But, he says, he would favour a move towards the "alternative vote" system (AV) where people mark a list of candidates in order of preference. This ensures that each constituency MP eventually gets the support of a majority of voters.

His undisguised support for AV gives at least a hint of the direction of travel of the Brown government. "I happen to think that first past the post or AV, which is a variant of it, is fairer. The alternative vote has many attractions, including the fact that you have to get 50 per cent plus one in that constituency, therefore you have a greater legitimacy."

Jack Straw is not a man who readily admits he was wrong. On Iraq, on championing the Muslim Council of Britain, on his dealings with the prison officers, he is unrepentant. But on one matter he is prepared to admit that mistakes were made: in not properly selling the Human Rights Act to the British people. This has allowed hardliners, such as the retiring former home secretary John Reid, and their supporters in the right-wing media, to depict it as a criminals' charter.

"Entirely in hindsight, I should have brought out [the fact] that every right is balanced out by a responsibility or duty," he says. "I should probably have gone into more explanation about the benefits to British citizens, not just to those who behave badly, although we all have that potential."

This article first appeared in the 24 September 2007 issue of the New Statesman, Trouble ahead: the crises facing Gordon Brown

André Carrilho
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"Jeremy knows he can't do the job." What now for Labour and Britain's opposition?

Senior figures from all parties discuss the way forward: a new Labour leader, a new party or something else?

In the week beginning 13 March 2017, the Scottish National Party demanded a second referendum on indepen­dence, the Chancellor tore up his Budget and George Osborne was announced as the next editor of the London Evening Standard. One fact united these seemingly disparate events: the weakness of Her Majesty’s Opposition.

When Scotland’s First Minister, Nicola Sturgeon, addressed journalists at Bute House, her Edinburgh residence, she observed that Labour’s collapse entailed an extended period of Conservative rule. Such was the apparent truth of this statement that it went unchallenged.

Twenty minutes before Prime Minister’s Questions on 15 March, the Conservatives announced the abandonment of their planned rise in National Insurance for the self-employed. Their expectation that Jeremy Corbyn would be unable to profit was fulfilled. “Faced with an open goal, Jeremy picked up a tennis racket,” one Labour MP lamented of his leader’s performance. Rather than a threat, the government regards PMQs as an opportunity.

Two days later, Osborne was announced as the next editor of the Standard. “Frankly @George_Osborne will provide more effective opposition to the government than the current Labour Party,” the paper’s co-proprietor Evgeny Lebedev tweeted. His decision to hand the post to a Conservative MP was another mark of Labour’s marginalisation. In more politically competitive times, owners are warier of overt partisanship.

The Tories have a parliamentary majority of just 15 – the smallest of any single-party government since 1974 – but they enjoy a dominance out of all proportion to this figure. Nick Clegg, the Liberal Democrat former deputy prime minister, told me: “The fundamental pendulum swing of democracy, namely that the people in power are always worried that the other lot are going to hoof them out, has stopped.”

Labour is hardly a stranger to opposition: the party governed for just 20 years of the 20th century. But never in postwar history has it appeared so feeble. By-elections are usually relished by oppositions and feared by governments. But in Copeland in the north-west of England, a seat that had not returned a Conservative since 1931, the Tories triumphed over Labour. In recent polling the governing party has led by as much as 19 points and on one occasion it was leading in every age group, every social class and every region.

Corbyn’s MPs fear that were he to lead Labour into a general election, the attack dossier assembled by the Conservatives would push support as low as 20 per cent.

When David Miliband recently said that Labour was “further from power than at any stage in my lifetime”, he was being far too generous. After the forthcoming boundary changes, it could be left with as few as 150 seats: its worst performance since 1935.

The party’s plight was both predictable and predicted – the inevitable consequence of electing a leader who, by his own admission, lacked the requisite skills. “Now we made to make sure I don’t win,” Corbyn told supporters after he made the ballot in 2015. The lifelong backbencher stood with the intention of leading debate, not leading the party.

Neil Kinnock, Labour’s leader from 1983 to 1992, told me: “From the outset, I said that Jeremy [Corbyn] just can’t do the job . . . Now I think he knows that. He’s been a member of parliament for 34 years and will have a sense of self-examination. Both he and the people who work around him know that he just can’t do the job.”

Morale in the leader’s office has seldom been lower. “They’ve got the yips,” a Lab­our aide told me. Shortly after the Tories’ Budget U-turn, Corbyn’s director of strategy and communications, Seumas Milne, asked journalists whether there would be an early general election. He produced no evidence of any hope that Labour could win it.

Yet Corbyn’s leadership alone does not explain the crisis. In the early 1980s, when Labour was similarly enfeebled (but still strong in Scotland, unlike today), the creation of the Social Democratic Party provided hope. But the mere 23 seats won by the SDP-Liberal Alliance in 1983 (on 25.4 per cent of the vote, against Labour’s 209 seats from 27.6 per cent) acts as a permanent warning to those tempted to split.

With only nine MPs, the Liberal Democrats are too weak to function as an alternative opposition, despite their accelerating recovery. The third-largest party in the House of Commons – the SNP – is an exclusively Scottish force. The hegemony of the Nats, which cost Labour 40 seats in Scotland in 2015, has encouraged forecasts of perpetual Tory rule. “I don’t think there’s any way the Labour Party in this day and age can beat the Conservatives south of the border,” Clegg said.

To many eyes, the UK is being transformed into two one-party states: an SNP-led Scotland and a Conservative-led England. “The right-wing press have coalesced around Brexit and have transformed themselves from competitors into, in effect, a political cabal, which has such a paralysing effect on the political debate,” Clegg said. “You have a consistent and homogeneous drumbeat from the Telegraph, the Express, the Mail, the Sun, and so on.”

In this new era, the greatest influence on the government is being exercised from within the Conservative Party. “Where’s the aggravation? Where’s the heat coming from? Eighty hardline Brexiteers,” Anna Soubry, the pro-European former Conservative minister, told me. “They’re a party within a party and they are calling the shots. So where else is [May’s] heat? Fifteen Conservatives – people like me and the rest of them now. So who’s winning out there?”

Soubry added: “The right wing of the party flex their muscle against the only lead Remainer in the cabinet, Philip Hammond, for no other reason than to see him off. And that’s what they’ll do. They’ll pick them off one by one. These people are ruthless, this is their life’s work, and nobody and nothing is going to get in their way.”

Theresa May’s decision to pursue a “hard Brexit” – withdrawal from the EU single market and the customs union – is partly a policy choice; there is probably no other means by which the UK can secure significant control over European immigration. But the Prime Minister’s course is also a political choice. She recognised that the Conservatives’ formidable pro-Leave faction, whose trust she had to earn, as a Remainer, would accept nothing less.

***

The UK is entering the most complex negotiations it has undertaken since the end of the Second World War with the weakest opposition in living memory. Though some Tories relish an era of prolonged one-party rule, others are troubled by the democratic implications. Neil Carmichael MP, the chair of the Conservative Group for Europe, cited Disraeli’s warning: “No government can be long secure without a formidable opposition.” It was in Margaret Thatcher’s and Tony Blair’s pomp that calamitous decisions such as the poll tax and the invasion of Iraq were made. Governments that do not fear defeat frequently become their own worst enemy and, in turn, the public’s. The UK, with its unwritten constitution, its unelected upper chamber and its majoritarian voting system, is permanently vulnerable to elective dictatorships.

As they gasp at Labour’s self-destruction, politicians are assailed by Lenin’s question: “What is to be done?” Despite the baleful precedent of the SDP, some advocate a new split. In favour of following this path, they cite an increasingly promiscuous electorate, a pool of willing donors and “the 48 per cent” who voted Remain. Emmanuel Macron – the favourite to be elected president of France in May, who founded his own political movement, En Marche! – is another inspiration.

A week after the EU referendum, the Liberal Democrat leader, Tim Farron, was taken by surprise when a close ally of George Osborne approached him and suggested the creation of a new centrist party called “the Democrats” (the then chancellor had already pitched the idea to Labour MPs). “I’m all ears and I’m very positive about working with people in other parties,” Farron told me. But he said that the “most effective thing” he could do was to rebuild the Liberal Democrats.

When we spoke, Nick Clegg emphasised that “you’ve got to start with the ideas” but, strikingly, he did not dismiss the possibility of a new party. “You can have all sorts of endless, as I say, political parlour game discussions about whether you have different constellations or otherwise.”

Anna Soubry was still more positive about a new party, arguing: “If it could somehow be the voice of a moderate, sensible, forward-thinking, visionary middle way, with open minds – actually things which I’ve believed in all my life – better get on with it.”

However, Labour MPs have no desire to accept that the left’s supremacy is irreversible. But neither do they wish to challenge Corbyn. An MP distilled the new approach: “There is a strategy to give Jeremy [Corbyn] enough rope to hang himself. So it has not been about popping up in the media and criticising him in the way that colleagues did a year or so ago.” By giving him the space to fail on his own terms, rather than triggering another leadership contest, MPs hope that members will ultimately accept a change of direction.

Corbyn’s opponents acknowledge the risks of this approach.

“People are incredibly mindful of the fact that our brand is toxifying,” one told me. “As each day goes by, our plight worsens. Our position in the polls gets worse and the road back gets longer.”

Shadow cabinet ministers believe that Corbyn’s allies will never permit his departure until there is a viable successor. An increasingly influential figure is Karie Murphy, the director of the leader’s office and a close friend of Unite’s general secretary, Len McCluskey. “She’s holding Jeremy in place,” I was told.

Leadership candidates require nominations from 15 per cent of Labour MPs and MEPs, a threshold that the left aims to reduce to just 5 per cent through the “McDonnell amendment” (named after the shadow chancellor, who failed to make ballot when he stood in 2007 and 2010).

Should the rule change pass at this year’s party conference – an unlikely result – the next leadership contest could feature as many as 19 candidates. Labour has no shortage of aspirant leaders: Yvette Cooper, Dan Jarvis, Clive Lewis, Lisa Nandy, Keir Starmer, Emily Thornberry, Chuka Umunna. (Rebecca Long-Bailey, the shadow business secretary and Corbynite choice, is said to believe she is “not ready” for the job.)

All are clear-sighted enough to recognise that Labour’s problems would not end with Corbyn’s departure (nor did they begin with his election as leader). The party must restore its economic credibility, recover in Scotland, or perform far better in England, and bridge the divide between liberal Remainers and conservative Leavers.

Lisa Nandy, one of those who has thought most deeply about Labour’s predicament, told me: “I do think that, for many people, not being able to have time with their families and feel secure about where the next wage packet is coming from, and hope that life is going to get better for their kids, is really pressing as a political priority now. They will vote for the political party that offers real solutions to those things.

“That’s why power is such an important unifying agenda for the Labour Party – not just through redistribution of wealth, which I think we all agree about, but actually the redistribution of power as well: giving people the tools that they need to exert control over the things that matter in their own lives,” she says.

But some Labour MPs suggest even more drastic remedial action is required. “In order to convince the public that you’ve moved on, you have to have a Clause Four-type moment,” one member told me. “Which would probably involve kicking John McDonnell out of the Labour Party or something like that.

“You have a purge. Ken Livingstone gone, maybe even Jeremy [Corbyn] gone. That’s the only way that you can persuade the public that you’re not like that.”

Political commentators often mistake cyclical developments for structural changes. After Labour’s 1992 election defeat it was sometimes said that the party would never govern again. It went on to win three successive terms for the first time in its history. In March 2005 Geoffrey Wheatcroft published his book The Strange Death of Tory England. Less than nine months later, the Conservatives elected David Cameron as leader and returned to winning ways. As the US political journalist Sean Trende has archly observed, if even the Democrats recovered “rather quickly from losing the Civil War” few defeats are unsurvivable.

From despair may spring opportunity. “It is amazing how this Brexit-Trump phase has really mobilised interest in politics,” Nick Clegg said. “It’s galvanised a lot of people . . . That will lead somewhere. If in a democracy there is a lot of energy about, it will find an outlet.”

Editor’s Note, 30 March 2017: Len McCluskey of Unite wishes to point out that Karie Murphy is his close friend not his partner as the piece originally said. The text has been amended accordingly.

George Eaton is political editor of the New Statesman.

This article first appeared in the 30 March 2017 issue of the New Statesman, Wanted: an opposition