If Andrew Mitchell is cleared, Ed Miliband should apologise

The Labour leader should begin by backing Cameron's call for a swift investigation to establish the truth.

It was fun while it lasted.

"Plebgate" and the drawn-out resignation of Andrew Mitchell has been pure gold to Labour these past few months.

Here we had an aloof Tory politician – the government’s new chief whip no less - upbraiding dedicated public servants as "fucking plebs" for simply following security protocol and politely refusing his demand that Downing Street’s gates be opened so he could ride out on his bicycle. For their temerity in directing him to a side-gate they got a gob full of insults and threats. The depiction was damning: a government that is out-of-touch, arrogant, selfish and, most of all, posh. Specifically, Mitchell is alleged to have said to the officers on duty:

"Best you learn your f------ place...you don’t run this f------ government...You’re f------ plebs." 

So says the police’s log, leaked to the Daily Telegraph a few days after the incident last September, with Mitchell adding menacingly, "you haven’t heard the last of this". Although he admits using the ‘f’ word, Mitchell has always denied calling officers "plebs" or "morons". However his – and Downing Street’s – weak handling of the crisis made many assume the worst possible version of events had to be true.

It didn’t help that we were treated to tales of Mitchell’s quick temper which earned him the nickname "Thrasher" at school, while it was made clear time and again from enemies in his own party that he was damaged goods and unable to perform the role of parliamentary disciplinarian after showing little self-restraint himself.

That was then. Now we learn, courtesy of Channel Four’s Dispatches, that all is not as we had assumed. Leaked CCTV footage of that fateful night shows no angry confrontation with the police. There is no finger-jabbing or aggressive posture. Nor does the footage show "several members of public" who were "visibly shocked" by the episode, which the police log assures us was the case.

Perhaps most damningly, Dispatches uncovered that a constituent of deputy chief whip John Randall who wrote to the MP claiming to have witnessed the incident first-hand, including details that corroborated the leaked – and contended – version of events in the police log, turns out to be a serving police officer.

The plot thickens. As does the dilemma for the Labour leadership. Downing Street has demanded the police "get to the bottom of this as a matter of urgency", saying any allegation that a serving police officer "fabricated evidence" is "exceptionally serious". Meanwhile the BBC’s Nick Robinson reports that Boris Johnson has told Metropolitan Police Commissioner Bernard Hogan-Howe that he is “extremely concerned not just about this alleged wrongdoing but any suggestion of an alleged conspiracy” to damage Mitchell. This is significant as Boris was quite happy to pour petrol on the situation himself. He said at the time that it would have been "wholly commonsensical" for officers to have arrested Mitchell for his conduct.

Which brings us to Ed Miliband. Mitchell has been good sport. Back in October the Labour Leader goaded David Cameron over the "double standard" that while someone "abusing police officers" in the street would be arrested, Mitchell was being protected. "While it’s a night in the cell for the yobs, it’s a night at the Carlton Club for the Chief Whip," he quipped.

If it now turns out that Mitchell is a wronged man, and is only guilty of the minor indiscretion of saying "I thought you lot were supposed to fucking help us" (his admitted remark) then he is entitled to feel aggrieved at what has happened to him. A quick return to the cabinet might not be on the cards, but speedy and earnest apologies should be. And Miliband should be first in line.

Today he has the opportunity at the final Prime Minister’s Questions before the Christmas break to position himself against the real possibility that this issue will now move in Mitchell’s favour. He should strongly back the Prime Minister’s call for a speedy investigation to establish the full facts once and for all and concede that there now appears more to the story than everyone first thought. Indeed, Miliband urged such an inquiry when the issue came to light in September.

On the basis of never letting a good crisis go to waste, he should show us that "the new politics" he espouses means political leaders can show generosity to their opponents – and even contrition – in due course – if Mitchell is now cleared.

Former government chief whip Andrew Mitchell, who resigned in October. Photograph: Getty Images.

Kevin Meagher is associate editor of Labour Uncut and a former special adviser at the Northern Ireland office. 

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Theresa May's offer to EU citizens leaves the 3 million with unanswered questions

So many EU citizens, so little time.

Ahead of the Brexit negotiations with the 27 remaining EU countries, the UK government has just published its pledges to EU citizens living in the UK, listing the rights it will guarantee them after Brexit and how it will guarantee them. The headline: all 3 million of the country’s EU citizens will have to apply to a special “settled status” ID card to remain in the UK after it exist the European Union.

After having spent a year in limbo, and in various occasions having been treated by the same UK government as bargaining chips, this offer will leave many EU citizens living in the UK (this journalist included) with more questions than answers.

Indisputably, this is a step forward. But in June 2017 – more than a year since the EU referendum – it is all too little, too late. 

“EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries.”

These are words the UK’s EU citizens needed to hear a year ago, when they woke up in a country that had just voted Leave, after a referendum campaign that every week felt more focused on immigration.

“EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation.”

A year later, after the UK’s Europeans have experienced rising abuse and hate crime, many have left as a result and the ones who chose to stay and apply for permanent residency have seen their applications returned with a letter asking them to “prepare to leave the country”, these words seem dubious at best.

To any EU citizen whose life has been suspended for the past year, this is the very least the British government could offer. It would have sounded a much more sincere offer a year ago.

And it almost happened then: an editorial in the Evening Standard reported last week that Theresa May, then David Cameron’s home secretary, was the reason it didn’t. “Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay,” the editorial reads. “All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it.” 

"They will need to apply to the Home Office for permission to stay, which will be evidenced through a residence document. This will be a legal requirement but there is also an important practical reason for this. The residence document will enable EU citizens (and their families) living in the UK to demonstrate to third parties (such as employers or providers of public services) that they have permission to continue to live and work legally in the UK."

The government’s offer lacks details in the measures it introduces – namely, how it will implement the registration and allocation of a special ID card for 3 million individuals. This “residence document” will be “a legal requirement” and will “demonstrate to third parties” that EU citizens have “permission to continue to live and work legally in the UK.” It will grant individuals ““settled status” in UK law (indefinite leave to remain pursuant to the Immigration Act 1971)”.

The government has no reliable figure for the EU citizens living in the UK (3 million is an estimation). Even “modernised and kept as smooth as possible”, the administrative procedure may take a while. The Migration Observatory puts the figure at 140 years assuming current procedures are followed; let’s be optimistic and divide by 10, thanks to modernisation. That’s still 14 years, which is an awful lot.

To qualify to receive the settled status, an individual must have been resident in the UK for five years before a specified (although unspecified by the government at this time) date. Those who have not been a continuous UK resident for that long will have to apply for temporary status until they have reached the five years figure, to become eligible to apply for settled status.

That’s an application to be temporarily eligible to apply to be allowed to stay in the UK. Both applications for which the lengths of procedure remain unknown.

Will EU citizens awaiting for their temporary status be able to leave the country before they are registered? Before they have been here five years? How individuals will prove their continuous employment or housing is undisclosed – what about people working freelance? Lodgers? Will proof of housing or employment be enough, or will both be needed?

Among the many other practicalities the government’s offer does not detail is the cost of such a scheme, although it promises to “set fees at a reasonable level” – which means it will definitely not be free to be an EU citizen in the UK (before Brexit, it definitely was.)

And the new ID will replace any previous status held by EU citizens, which means even holders of permanent citizenship will have to reapply.

Remember that 140 years figure? Doesn’t sound so crazy now, does it?

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