Why Clegg should kill the Communications Data Bill

No one gives the Lib Dems credit when they merely win concessions.

No one loves the Communications Data Bill currently making its way through parliament. Legislating to increase the state’s power of surveillance over citizens’ private communications is not the kind of thing that brings people into politics. Young idealists, fired with ambition to make a better society, with well-thumbed editions of Orwell on their shelves, do not anticipate forcing internet service providers to hoard copies of messages posted on social network sites so police and security services can sift through them for evidence of terrorist activity and other nefarious plots.

It is, however, just the kind of thing that politicians end up doing once they are in power. They have hair-raising conversations with security services and imagine what the consequences would be if a terrorist attack (or other nefarious plot) were perpetrated on their watch that might otherwise have been prevented with a data communication bill. Opponents – those whose Orwell editions are more recently thumbed – call it the “snoopers’ charter”.

One remarkable feature of this particular (and fairly predictable) augmentation of state power over the digital realm is that it belongs to a genre of illiberal measures that, under the last Labour government, united Lib Dems and many Tories in righteous indignation. One of the easiest areas of mutual understanding between Clegg and Cameron in coalition negotiations was their joint distaste for what liberals and liberal-minded Tories decry as just the kind of statist authoritarianism you might expect from a left-wing government. In fact it turns out to be just the kind of run-of-the-mill statism you might expect from any government. 

Some Tories continue to be squeamish about the bill. Lib Dems hate it with passion. Protecting civil liberties is something that Nick Clegg’s party sees as integral to its identity. Having sacrificed so much for the sake of coalition already, Lib Dems are terrified of appearing to sell out one of their few remaining conspicuous points of principle. The bill’s passage into law has already been delayed because of resistance by the junior party in the coalition. It is now the object of scrutiny by a special parliamentary committee. Clegg has told his party that the law won’t go ahead if Lib Dem concerns about privacy, proportionality and liberty aren’t addressed. Writing in the New Statesman earlier this year, Richard Reeves, Clegg’s former chief strategist, suggested the bill was better off dead.

The alternative is that it is mangled and rewritten at Lib Dem insistence. Clegg might then stand up and say his party had saved the nation from a terrible piece of legislation, helpfully amending it to neutralise the dangers. The only reason for taking that route would be to avoid allegations of wanton obstruction. In the past, Clegg has resisted vetoing Tory measures for fear that doing so would make coalition in general look like a recipe for deadlock. That was, in part, his motive for whipping his MPs behind NHS reforms (and, indeed, the famous acquiescence to raising tuition fees).

That approach has generally failed. No one gives the Lib Dems much credit for concessions they have extracted, while blame is heaped on them for facilitating a Conservative agenda. It was partly frustration at having marched so many times through the voting lobbies behind distasteful Tory measures that made Lib Dem MPs so determined to force their coalition partners to back House of Lords reform. It was also fury that Tory MPs refused to do so that made Clegg kill Conservative plans to redraw parliamentary constituency boundaries in their favour.

That was just the kind of raw obstruction that Clegg had previously hoped to avoid in coalition. It was also very popular in his party. One of the most problematic features of Clegg’s image in the country, according to focus groups, is the perception that he is pushed around by the Tories. (The irony there being that Tory backbenchers think he is far too powerful.) “Spineless” is the charge that the Lib Dem leader most needs to rebut if he is to recover any of his standing in public opinion. Above all, that requires periodically slapping down Conservative policy. The Communications Data Bill is a ripe target. Many Tories hate it anyway. It runs against much of what the Lib Dems purported to stand for before coalition. It doesn’t have much bearing on the economy. All things considered – aside from the rather crucial question of whether it would actually facilitate the fight against organised crime - it is hard to see why Clegg would do anything other than kill it.    

Nick Clegg speaks at the Liberal Democrat conference in Brighton last month. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

Photo: Getty Images
Show Hide image

The Fire Brigades Union reaffiliates to Labour - what does it mean?

Any union rejoining Labour will be welcomed by most in the party - but the impact on the party's internal politics will be smaller than you think.

The Fire Brigades Union (FBU) has voted to reaffiliate to the Labour party, in what is seen as a boost to Jeremy Corbyn. What does it mean for Labour’s internal politics?

Firstly, technically, the FBU has never affliated before as they are notionally part of the civil service - however, following the firefighters' strike in 2004, they decisively broke with Labour.

The main impact will be felt on the floor of Labour party conference. Although the FBU’s membership – at around 38,000 – is too small to have a material effect on the outcome of votes themselves, it will change the tenor of the motions put before party conference.

The FBU’s leadership is not only to the left of most unions in the Trades Union Congress (TUC), it is more inclined to bring motions relating to foreign affairs than other unions with similar politics (it is more internationalist in focus than, say, the PCS, another union that may affiliate due to Corbyn’s leadership). Motions on Israel/Palestine, the nuclear deterrent, and other issues, will find more support from FBU delegates than it has from other affiliated trade unions.

In terms of the balance of power between the affiliated unions themselves, the FBU’s re-entry into Labour politics is unlikely to be much of a gamechanger. Trade union positions, elected by trade union delegates at conference, are unlikely to be moved leftwards by the reaffiliation of the FBU. Unite, the GMB, Unison and Usdaw are all large enough to all-but-guarantee themselves a seat around the NEC. Community, a small centrist union, has already lost its place on the NEC in favour of the bakers’ union, which is more aligned to Tom Watson than Jeremy Corbyn.

Matt Wrack, the FBU’s General Secretary, will be a genuine ally to Corbyn and John McDonnell. Len McCluskey and Dave Prentis were both bounced into endorsing Corbyn by their executives and did so less than wholeheartedly. Tim Roache, the newly-elected General Secretary of the GMB, has publicly supported Corbyn but is seen as a more moderate voice at the TUC. Only Dave Ward of the Communication Workers’ Union, who lent staff and resources to both Corbyn’s campaign team and to the parliamentary staff of Corbyn and McDonnell, is truly on side.

The impact of reaffiliation may be felt more keenly in local parties. The FBU’s membership looks small in real terms compared Unite and Unison have memberships of over a million, while the GMB and Usdaw are around the half-a-million mark, but is much more impressive when you consider that there are just 48,000 firefighters in Britain. This may make them more likely to participate in internal elections than other affiliated trade unionists, just 60,000 of whom voted in the Labour leadership election in 2015. However, it is worth noting that it is statistically unlikely most firefighters are Corbynites - those that are will mostly have already joined themselves. The affiliation, while a morale boost for many in the Labour party, is unlikely to prove as significant to the direction of the party as the outcome of Unison’s general secretary election or the struggle for power at the top of Unite in 2018. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.