Reaction to Obama victory shows growing Tory confidence

Downing Street thinks this is may be their lowest point. And it isn't too low.

In case anyone missed the news that David Cameron was pleased to see his buddy Barack Obama re-elected, Downing Street released a photo of the Prime Minister chatting with the newly re-mandated Commander-in-Chief:

(It'’s a phone call, so you can only see Cameron and have to imagine Obama smiling affectionately at the thought of the future summits he'll spend in the company of his most essential strategic partner.)

The significance of the US election to the Cameron project has been heavily analysed and spun. (There are interesting pieces on the subject here, here and here. I also touch on it in this week'’s column here.)

In brief, the good news angle for the Tories is that an account of Obama’'s victory –- incumbent overseeing tricky economic repair job wins second term to complete task -– rehearses the campaign Cameron wants to run in 2015. The bad news angle is that Romney was ahead in opinion polls on measures of economic confidence but way behind in responses to the kind of “"understands people like me”" proposition that Cameron also struggles with.

Plus, the Republican image as overly concerned with the interests of rich white rich men is a hindrance that has certain resonance for the Tories. (Although that can be sold as good for Cameron, since it empowers him to slap his own right wing down a bit.)

In reality, the US election simply isn'’t that important to British politics. We obsess about it because American democracy is fascinating, it’'s a powerful country that matters to the rest of the world and the players have the courtesy to speak our language so it is accessible as spectator sport. 

One of the interesting things to observe in the UK aftermath of the poll is not the result itself but the licence it appears to have given top Tories to be visibly optimistic. The positive interpretation of Obama’'s win outlined above requires all sorts of caveats, not least the fact that Cameron might yet have to fight an election with an economy that has made people feel poorer, in which case a “let-me-finish-the-job” proposition rings pretty hollow. Yet the Conservative high command clearly feels it has turned some kind of corner.

That is certainly the impression I get from loyal MPs and ministers who, while wary of celebrating the emergence of green shoots, are ready to sound cautiously upbeat about both the economy and their prospects for victory in 2015. One factor informing that view is the feeling that Ed Miliband hasn’t capitalised on his relatively successful annual conference. They see no sign of momentum or surge of project-building energy –- no radiation of collective charisma –- from the Miliband camp.

Tories fully expect to lose next Thursday’'s Corby by-election, but even that doesn't seem to be getting them down. That is because they see most of their current woes as symptoms of a generic mid-term malaise and not necessarily irreversible structural weakness. 

Andrew Cooper, the Downing Street pollster, has a presentation that he gives to cheer MPs and party staffers up on this subject. It involves looking at long term trends in incumbent/opposition relations over time, with special attention paid to periods when the Tories are in power.

What tends to happen is that the party in office loses popularity, takes a real opinion poll pasting in the middle of the parliament, then recovers in the run-up to an election until it is within reach of victory. According to this analysis, the Tories are better off now than they were in the mid-80s. To make this model work you have to discount the period 1997-2005, when the Conservatives were behind in the polls almost constantly. That is explained away by claiming that Blair was a unique candidate, barely Labour at all in many traditional respects and the Tories were in a particularly dark place.

In other words, it was an anomalous time, whereas now normal cyclical service is resumed. The Conservatives are in power facing an untrusted and not entirely plausible Labour opposition. They are a bit behind –but who would expect anything else, especially given the economic circumstances. Arguably, they are nowhere near as far behind as they ought to be and there is plenty of time and capacity to bounce back. So, the pep talk goes, this is the bottom for the Tories and it isn’t all that low down.

Privately some senior Labour folk agree. One party strategist commented to me recently that “the Tories won'’t be losing much sleep over their poll ratings at the moment.”

Of course, this could all be wildly hubristic on Downing Street'’s side. There are plenty of public sector cuts yet to kick in which could suck demand out of the economy and produce gruesome social effects that reinforce the “nasty party” image. International economic turbulence is never far away. European divisions remain ruinous to the party’'s image as an effective force in government. The Tories’ well documented problems winning votes in the North and Scotland and among non-white communities haven’t gone away.

But Downing Street’'s hope is surely that a bit of confidence in the prospects for 2015 will promote discipline in the ranks and a virtuous cycle of unity and an aura of governing competence. (There is a solid core of MPs who remain implacably, viscerally hostile to Cameron but the appetite for harmony in the rest of the party is quite strong and impatience with the wreckers is growing.)

A steady spell of non-chaotic, half-way dynamic administration, coupled with positive GDP and unemployment indicators could see the situation quickly looking rosier for the Tories. More important, it would look bleaker for Labour, provoking another round of doubts in Miliband’'s capacity to animate an election-winning project and an explosion of disunity in the opposition ranks.

I don'’t say this is what will happen, just that it is a scenario the Tories think plausible and that allows them to feel upbeat enough to look at events across the Atlantic and put a quite fancifully positive spin on them. They may not know how to win, but they don’'t yet feel as if they are losing.

Barack Obama and David Cameron at Camp David earlier this year. Photograph: Getty Images

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

Getty
Show Hide image

Is TTIP a threat or an opportunity?

TTIP offers potentially huge opportunities to both Europe and the US - we should keep an open mind on what the final agreement will mean.

Barack Obama made it abundantly clear during his visit to the UK that if Britain left the European Union then it would be quite some time before we would be able to negotiate a trade deal with the United States. All the more reason to examine carefully what the Transatlantic Trade and Investment Partnership (TTIP) will mean for the UK. For Labour this is especially important because a number of trade unionists and Party members have expressed concerns about what TTIP could mean.

The economic worth of such a partnership between the European Union and the US has been questioned and it has been frequently stated that TTIP could give multinational companies unprecedented influence and undermine the British NHS.

With regard to the economic benefits of TTIP there are few that would argue that there are no economic gains to be achieved through the partnership. The question is to what extent economic growth will be stimulated. On the positive side the European Commission has argued that an agreement could bring economic gains of between €68 billion to €119 billion per year to the EU (0.3% to 0.5% of GDP) and €50 billion to €95 billion (0.2% to 0.4% of GDP) to the US. For Britain, this means that an agreement could add up to £10 billion annually to the UK economy.

On the negative side, a study commissioned by the European United Left/Nordic Green Left Group in the European Parliament has maintained that TTIP would bring only “limited economic gains”. These gains have to be weighed, it was argued, against the “downside risks”. Those risks have been identified as coming from the alignment of standards in areas such as consumer safety, environmental protection and public health.

These are important concerns and they should not be quickly dismissed. They are made all the more important because the existence of already low tariffs between the EU and the US make the negotiations to reduce non-tariff barriers to trade all the more significant.

There are a number of areas of concern. These include food standards and the regulation of GM crops and the worry that the EU’s focus on applying the environmental precautionary principle might be weakened. The European Commission, which has a responsibility for negotiating TTIP on behalf of the EU, is however acutely aware of these concerns and is mindful of its legal responsibility to uphold, and not to in any way weaken, the agreed legal standards to which the EU adheres. A concern has been expressed that irrespective of what European law may say, TTIP could undermine those standards. This I find difficult to accept because the ‘rule of law’ is absolutely central to the negotiations and the adoption of the final agreement.

But the EU is mindful of this concern and has brought forward measures which have sought to address these fears. The latest proposals from the Commission clearly set out that it is the right of individual governments to take measures to achieve public policy objectives on the level that they deem appropriate. As the Commission’s proposal states, the Agreement shall not affect the right of the parties to regulate within their own territories in order to achieve policy objectives including “the protection of public health, safety, environmental or public morals, social or consumer protection or promotion and protection of cultural diversity”.

Of course, this is not to suggest that there should not be vigilance, but equally I believe it would be wrong to assume the theoretical problems would inevitably become reality.

The main area of concern which has been expressed in Britain about TTIP relates to the NHS and the role of the private sector. Under the Investor-State Dispute Settlement (ISDS) provisions investors would be able to bring proceedings against a foreign government that is party to the treaty. This would be done in tribunals outside the domestic legal system. If a Government is found to be in breach of its treaty obligations the investor who has been harmed could receive monetary compensation or other forms of redress.

The concern is that the ISDS arrangements will undermine the ability of democratically elected governments to act on behalf of their citizens. Some have maintained that measures to open up the NHS to competition could be made irreversible if US companies had to be compensated when there is a change of policy from a future Labour Government.

In response to these concerns the European Commission has proposed an Investor Court System. This would be based on judgements being made by publicly appointed and experienced judges and that cases would only be brought forward if they were precisely defined. Specifically, it is proposed that cases would be limited to targeted discrimination on the basis of gender, race or religion, or nationality, expropriation without compensation or the denial of justice.

Why, you might ask, is there a need at all for a trans-national Investor Court System? The reason in part lies in the parlous state of the judicial systems in some of the relatively recent EU accession countries in Eastern Europe. To be frank, it is sadly the case that there are significant shortcomings in the judiciary of some countries and the rule of law is, in these cases, more apparent than real. It is therefore not unreasonable for investors to have an international framework and structure which will give them confidence to invest. It should also be noted that there is nothing proposed in TTIP which contradicts anything which is already in UK law.

We need to remember too that this is not only about US investment in Europe, it is also about European investment in the US. No US-wide law prohibits discrimination against foreign investors, and international law, such as free trade and investment agreements like TTIP, cannot be invoked in US courts. The Investor Court System would therefore benefit European companies, especially Small and Medium Sized Enterprises. 

It is of course impossible to come to a definitive conclusion about these provisions because the negotiations are ongoing. But it would surely be unwise to assume that the final agreement would inevitably be problematic.

This is especially true regarding the NHS. Last year Unite the Union commissioned Michael Bowsher QC to provide an opinion. His opinion was that “TTIP does pose a threat to a future government wishing to take back control of health services”. The opinion does not express a view on whether TTIP will “force” the privatisation of the health service (as some have claimed) and Bowsher admits that much of the debate is “conducted at a rather speculative level” and he has been unable to produce any tangible evidence to support his contention about future problems. On the other hand, it is the case that there is nothing in the proposed agreement which would alter existing arrangements for compensation. There are of course many legal opinions which underpin the view that existing legal arrangements would continue. While I accept that it is theoretically possible for the Bowsher scenario to occur, it is nevertheless extremely improbable. That is not to say that there ought not to be watertight safeguards in the agreement, but let us not elevate the extremely improbable to the highly likely.

A frequently heard criticism of TTIP is that the negotiations between the US and the EU are being conducted in ‘secret’.  Greenpeace, for example, has strongly sought to make this a central part of their campaign.  Although the Commission publishes EU position papers and negotiating proposals soon after they are tabled, it is impossible to see how complex negotiations of this kind can be practically conducted in public.  However, I believe that the draft agreement should be made public well before the final decisions are taken.

Once the negotiations have been concluded, the draft agreement will be presented to the European Council and the European Parliament, both of which have to agree the text. The European Council is, of course, made up of representatives of the governments of the EU and the European Parliament is democratically elected. Both Houses of the British Parliament will also debate the draft and there will need to be parliamentary approval of the agreement.

Transparency and democratic scrutiny are two things which there cannot be too much of. But, in practical terms, it is difficult to see how there could be more of either without making it nigh on impossible to secure such a complex agreement. Unite, of which I am a member, and others are quite right to express their concerns about TTIP, but let’s not exaggerate the potential difficulties and let’s not assume that the worst case scenario will always come about. TTIP offers potentially huge opportunities to both Europe and the US, and we should therefore at least keep an open mind on what the final agreement will mean.

Wayne David is the Labour MP for Caerphilly and is Shadow Minister for Political Reform and Justice. He is a former Shadow Europe Minister and was a junior minister in the last Labour government.