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

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Justin Trudeau points the way forward for European politics

Is the charismatic Canadian Prime Minister modelling the party of the future?

Six months after Canadian election day, Justin Trudeau’s Liberal party continues to bask in the glow of victory. With 44 per cent of support in the polls, the Liberals are the most popular party amongst every single demographic – men and women, young and old, and people of all educational backgrounds. 

While most European mainstream parties only dream of such approval, this is actually a small dip for the Liberals. They were enjoying almost 50 per cent support in the polls up until budget day on 21 March. Even after announcing $29.4 billion in deficit spending, Canadians overall viewed the budget favourably – only 34 per cent said they would vote to defeat it.

Progressives around the world are suddenly intrigued by Canadian politics. Why is Justin Trudeau so successful?

Of course it helps that the new Prime Minister is young, handsome and loves pandas (who doesn’t?) But it’s also true that he was leader of the Liberals for a year and half before the election. He brought with him an initial surge in support for the party. But he also oversaw its steady decline in the lead up to last year’s election – leadership is important, but clearly it isn’t the only factor behind the Liberals’ success today.

Context matters

As disappointing as it is for Europeans seeking to unpack Canadian secrets, the truth is that a large part of the Liberals’ success was also down to the former Prime Minister Stephen Harper’s extreme unpopularity by election time.

Throughout almost ten years in power, Harper shifted Canada markedly to the right. His Conservative government did not just alter policies; it started changing the rules of the democratic game. While centre-right governments in Europe may be implementing policies that progressives dislike, they are nonetheless operating within the constraints of democratic systems (for the most part; Hungary and Poland are exceptions).

Which is why the first weeks of the election campaign were dominated by an ‘Anybody But Harper’ sentiment, benefitting both the Liberals and the left-wing New Democratic Party (NDP). The NDP was even leading the polls for a while, inviting pundits to consider the possibility of a hung parliament.

But eight days before election day, the Liberals began to pull ahead.

The most important reason – and why they continue to be so popular today – is that they were able to own the mantle of ‘change’. They were the only party to promise running a (small) deficit and invest heavily in infrastructure. Notably absent was abstract discourse about tackling inequality. Trudeau’s plan was about fairness for the middle class, promoting social justice and economic growth.

Democratic reform was also a core feature of the Liberal campaign, which the party has maintained in government – Trudeau appointed a new Minister of Democratic Institutions and promised a change in the voting system before the next election.

The change has also been in style, however. Justin Trudeau is rebranding Canada as an open, progressive, plural society. Even though this was Canada’s reputation pre-Harper, it is not as simple as turning back the clock.

In a world increasingly taken by populist rhetoric on immigration – not just by politicians like Donald Trump, Nigel Farage, Marine Le Pen and other right-wingers, but also increasingly by mainstream politicians of right and left – Justin Trudeau has been unashamedly proclaiming the benefits of living in a diverse, plural society. He repeatedly calls himself a feminist, in the hope that one day “it is met with a shrug” rather than a social media explosion. Live-streamed Global Town Halls are one part of a renewed openness with the media. Progressive politicians in Europe would do well to take note.

Questioning the role of political parties today

Another interesting development is that the Liberal party is implicitly questioning the point of parties today. It recently abolished fee-paying, card-carrying party members. While this has been met with some criticism regarding the party’s structure and integrity, with commentators worried that “it’s the equivalent of turning your party into one giant Facebook page: Click ‘Like’ and you’re in the club,” it seems this is the point.

Colin Horgan, one of Trudeau’s former speechwriters, explains that Facebook is “literally a treasure trove for political parties”. All kinds of information becomes available – for free; supporters become easier to contact.

It was something the Liberals were already hinting at two years ago when they introduced a ‘supporters’ category to make the party appear more open. Liberal president Anna Gainey also used the word “movement” to describe what the Liberals hope to be.

And yes, they are trying to win over millennials. Which proved to be a good strategy, as a new study shows that Canadians aged 18-25 were a key reason why the Liberals won a majority. Young voter turnout was up by 12 per cent from the last election in 2011; among this age group, 45 per cent voted for the Liberals.

Some interesting questions for European progressives to consider. Of course, some of the newer political parties in Europe have already been experimenting with looser membership structures and less hierarchical ways of engaging, like Podemos’ ‘circles’ in Spain and the Five Star Movement’s ‘liquid democracy’ in Italy.

The British centre-left may be hesitant after its recent fiasco. Labour opened up its leadership primary to ‘supporters’ and ended up with a polarising leader who is extremely popular amongst members, but unpopular amongst the British public. But it would be wrong to assume that the process was to blame.

The better comparison is perhaps to Emmanuel Macron, France’s young economy minister who recently launched his own movement ‘En Marche !’ Moving beyond the traditional party structure, he is attempting to unite ‘right’ and ‘left’ by inspiring French people with an optimistic vision of the future. Time will tell whether this works to engage people in the longer term, or at least until next year’s presidential election.

In any case, European parties could start by asking themselves: What kind of political parties are they? What is the point of them?

Most importantly: What do they want people to think is the point of them?

Ultimately, the Canadian Liberals’ model of success rests on three main pillars:

  1. They unambiguously promote and defend a progressive, open, plural vision of society.
  2. They have a coherent economic plan focused on social justice and economic growth which, most importantly, they are trusted to deliver.
  3. They understand that society has changed – people are more interconnected than ever, relationships are less hierarchical and networks exist online – and they are adapting a once rigid party structure into a looser, open movement to reflect that.

*And as a bonus, a young, charismatic leader doesn’t hurt either.

Claudia Chwalisz is a Senior Policy Researcher at Policy Network, a Crook Public Service Fellow at the University of Sheffield and author of The Populist Signal: Why Politics and Democracy Need to Change