Why Miliband's position on the EU is stronger than it appears

Tory unity will prove shortlived and the Labour leader could execute a relatively painless U-turn on a referendum.

For a day when the Prime Minister and the leader of the opposition said exactly what they had been expected to say, there was rather a lot of excitement.

David Cameron yesterday promised to attempt a renegotiation of Britain’s membership of the European Union (EU) and, having secured a better deal (as he sees it) invite the British people to back the arrangement or walk away. This position had already been advertised in advance, albeit after much behind-the-scenes haggling and Downing Street floor-pacing.

Ed Miliband, meanwhile, said he thought it was not a good idea to pledge a referendum now and that the whole thing was a reckless gamble with Britain’s future driven only by the need to quell brewing rebellion on the Tory benches. This position, also produced after much haggling in the shadow cabinet, was known in advance too.

And yet, somehow, when it actually happened it was still big news. That is partly because all the pent-up journalistic energy that had gone into the pre-speech reporting had to be released and partly because the two positions got a good theatrical airing in Prime Minister’s Questions in the Commons. Besides, thinking something is very likely to happen and it actually happening are different things.

So where does the land lie now? There was a strong feeling around Westminster yesterday that Cameron had played a tough hand well and that Miliband had thrown away a bunch of good cards. The justification for that view is that the Tories seemed uncannily united, cheering the PM lustily on an issue that is famously divisive in the Conservative Party. The Labour leader, meanwhile, looked trapped in a contradictory position. The essence of his argument is that Cameron’s pledge offers dangerous uncertainty, yet Miliband seemed uncertain as to what precisely he wanted.

That is because there are enough people on the Labour side who think a referendum is inevitable and so consider it madness to rule one out. That leaves Miliband in the position of partially closing the door, which is never as dramatic as slamming it shut (or flinging it open).

The concern for the Labour referendum advocates is that Miliband is stuck now in a position of perpetually explaining why he doesn’t "trust the people", when Cameron can say he has a perfectly clear policy of democratic renewal for the EU and wants to get on with the job of making it happen. Cameron’s position is indeed clear. It is also unrealistic - the renegotiation that the Tory benches envisage will never happen to their satisfaction. By contrast, Miliband’s position is realistic and unclear. He is right to question the wisdom of starting a phoney referendum war on issues that are plainly a distraction from what the UK government and EU leaders should be doing. But to people who don’t follow these things obsessively, Miliband's argument is not a quick sell.

In the first phase of the news cycle, Cameron’s gimmicky clarity trumps Miliband’s technical realism. But will that continue to be the case? It is certainly true that Labour will find it hard to get through the next two years, let alone an election campaign, without a better answer to the “trust the people” question.

At the moment, Miliband has cover from the Liberal Democrats who share his view of the issue and use pretty much the same language. But it is not at all guaranteed that this tacit alliance will hold. The situation is even trickier for the Lib Dems than for Labour to the extent that they have bandied around the idea of an in/out referendum before. So refusing to back one when it actually comes up as a serious prospect risks reinforcing all the worst aspects of Nick Clegg’s tarnished brand – pledge-busting, slippery, gutless etc. All the mean things the focus groups have been saying about him since the whole tuition fees debacle will be rehearsed again.

There is a strong chance the Lib Dems will go into the next election with an EU referendum pledge. One senior Clegg advisor, conceding the point that it would be agony to fight a campaign on a platform ostensibly denying the nation a choice, recently told me: “the best way to take the issue and nullify it is to match the Tories’ commitment.” This advisor also expected Labour to come to the same conclusion. The best way to stop referendum questions dominating a campaign would be for everyone to have one in their manifesto. For the time being that doesn’t appear to be Clegg’s formal position, but the option is plainly being kept open.

If the Lib Dems fold on the referendum point, Labour will look very exposed. (It also matters because it will be one of those issues that gets kicked around in discussions of who could more easily form a coalition with whom in the event of another hung parliament.)

Interestingly, one of the key reasons Miliband doesn’t think it is a good idea to pledge a plebiscite is that he thinks he has a decent chance of actually becoming Prime Minister after the next election. He doesn’t fancy spending the first 18 months of his term in office on the campaign trail against Ukip and what would by then be a hysterically anti-EU opposition Tory party. It is a fair point. If David Cameron needs to fiddle around the policy margins pretending the biggest issue in the world right now is repatriating the right to scrap paid holiday and maternity leave to stop his backbenchers hating him for a couple of days, well, that’s his problem. Why should that set Labour’s agenda for government?

But that’s not an argument that Miliband or his allies can easily make in public. It doubles down on the risk of looking arrogant: "We think we’re going to win and when we do, we’ll have better things to do than ask the people if they want to stay in the EU" is not what you might call a populist narrative.

Still, there are at least two reasons why I think Miliband’s position is better than it looks right now.

First, the Tories are united only in relief that they have a clear position and in joy that their leader has done something unabashedly, uncompromisingly true blue Conservative. Neither of those conditions can stay in place for long. The renegotiation will not happen quickly enough for the hardline sceptics and whatever concessions Cameron extracts from fellow EU leaders will have to be matched with compromises elsewhere. Tory MPs are allergic to EU compromise.

There will be European Council meetings at least every six months between now and the election and in the run-up to each one, Conservatives will expect the Prime Minister to show progress in his grand repatriation project. Even if there is a modicum of willingness to accommodate British demands in Brussels, it won’t be on a timetable that satisfies the sceptics.

Meanwhile, Cameron is still in coalition with the Lib Dems. What Tory MPs were cheering yesterday was a great emancipation. They felt liberated. But they aren’t and when they realise it, they’ll be cross. They think they have won a right to dictate policy to Downing Street and will only get more assertive and impatient as a result. Yet the Lib Dems will also now have to become more assertive to prove that Clegg has more say over what goes on than some Euro-bashing Conservative backbencher. The potential for that dynamic to cause havoc and undermine Cameron’s position is immense.

The second reason Miliband’s position isn’t quite so bad is that he has a clearer escape route than is generally realised. In the run-up to the big Cameron speech, the Labour leader made an important policy concession: he said he would not repeal the European Union Bill. This is the piece of coalition legislation that provides for a referendum in the event of any new treaty transferring powers to Brussels. (Labour abstained when parliament voted on it.)

If there is a new EU treaty in train at some point over the next two years – which is very possible, but not certain – Miliband can say that he would, in government, honour the provisions of the act. If pressed he could even say that, yes, this new treaty looks likely to substantially alter the terms of Britain’s relations with the EU and so, yes, he would call a referendum. If he really wanted to, he could say the treaty is so substantial that the question on the ballot should be endorsement of the new arrangement or exit – thereby essentially matching Cameron’s pledge from yesterday. I don’t say this is a likely scenario, simply that the space for a relatively painless U-turn for the Labour leader may well be there should he need it.

By far the greater threat to Miliband is the prospect of his party generally lacking patience and confidence in his judgment. If opinion polls show a referendum pledge bounce for Cameron – as a few Ukip considerers slip back to the Tories – Labour’s lead could shrivel into the margin of error. At that point there is bound to be a revival of chatter about the inadequacy of the Labour leader’s performance, his perceived lack of policy clarity and want of strategic direction. Those anxieties are never far below the surface of Labour’s veneer of unity. Miliband must now hope that the even more superficial, brittle unity that David Cameron achieved in his own party yesterday ruptures first.
 

Ed Miliband delivers a speech on the EU at the CBI last year. Photograph: Getty Images.

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

Photo: Getty
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After Richmond Park, Labour MPs are haunted by a familiar ghost

Labour MPs in big cities fear the Liberal Democrats, while in the north, they fear Ukip. 

The Liberal Democrats’ victory in Richmond Park has Conservatives nervous, and rightly so. Not only did Sarah Olney take the votes of soft Conservatives who backed a Remain vote on 23 June, she also benefited from tactical voting from Labour voters.

Although Richmond Park is the fifth most pro-Remain constituency won by a Conservative at the 2015 election, the more significant number – for the Liberal Democrats at least – is 15: that’s the number of Tory-held seats they could win if they reduced the Labour vote by the same amount they managed in Richmond Park.

The Tories have two Brexit headaches, electorally speaking. The first is the direct loss of voters who backed David Cameron in 2015 and a Remain vote in 2016 to the Liberal Democrats. The second is that Brexit appears to have made Liberal Democrat candidates palatable to Labour voters who backed the party as the anti-Conservative option in seats where Labour is generally weak from 1992 to 2010, but stayed at home or voted Labour in 2015.

Although local council by-elections are not as dramatic as parliamentary ones, they offer clues as to how national elections may play out, and it’s worth noting that Richmond Park wasn’t the only place where the Liberal Democrats saw a dramatic surge in the party’s fortunes. They also made a dramatic gain in Chichester, which voted to leave.

(That’s the other factor to remember in the “Leave/Remain” divide. In Liberal-Conservative battlegrounds where the majority of voters opted to leave, the third-placed Labour and Green vote tends to be heavily pro-Remain.)

But it’s not just Conservatives with the Liberal Democrats in second who have cause to be nervous.  Labour MPs outside of England's big cities have long been nervous that Ukip will do to them what the SNP did to their Scottish colleagues in 2015. That Ukip is now in second place in many seats that Labour once considered safe only adds to the sense of unease.

In a lot of seats, the closeness of Ukip is overstated. As one MP, who has the Conservatives in second place observed, “All that’s happened is you used to have five or six no-hopers, and all of that vote has gone to Ukip, so colleagues are nervous”. That’s true, to an extent. But it’s worth noting that the same thing could be said for the Liberal Democrats in Conservative seats in 1992. All they had done was to coagulate most of the “anyone but the Conservative” vote under their banner. In 1997, they took Conservative votes – and with it, picked up 28 formerly Tory seats.

Also nervous are the party’s London MPs, albeit for different reasons. They fear that Remain voters will desert them for the Liberal Democrats. (It’s worth noting that Catherine West, who sits for the most pro-Remain seat in the country, has already told constituents that she will vote against Article 50, as has David Lammy, another North London MP.)

A particular cause for alarm is that most of the party’s high command – Jeremy Corbyn, Emily Thornberry, Diane Abbott, and Keir Starmer – all sit for seats that were heavily pro-Remain. Thornberry, in particular, has the particularly dangerous combination of a seat that voted Remain in June but has flirted with the Liberal Democrats in the past, with the shadow foreign secretary finishing just 484 votes ahead of Bridget Fox, the Liberal Democrat candidate, in 2005.

Are they right to be worried? That the referendum allowed the Liberal Democrats to reconfigure the politics of Richmond Park adds credence to a YouGov poll that showed a pro-Brexit Labour party finishing third behind a pro-second referendum Liberal Democrat party, should Labour go into the next election backing Brexit and the Liberal Democrats opt to oppose it.

The difficulty for Labour is the calculation for the Liberal Democrats is easy. They are an unabashedly pro-European party, from their activists to their MPs, and the 22 per cent of voters who back a referendum re-run are a significantly larger group than the eight per cent of the vote that Nick Clegg’s Liberal Democrats got in 2015.

The calculus is more fraught for Labour. In terms of the straight Conservative battle, their best hope is to put the referendum question to bed and focus on issues which don’t divide their coalition in two, as immigration does. But for separate reasons, neither Ukip nor the Liberal Democrats will be keen to let them.

At every point, the referendum question poses difficulties for Labour. Even when neither Ukip nor the Liberal Democrats take seats from them directly, they can hurt them badly, allowing the Conservatives to come through the middle.

The big problem is that the stance that makes sense in terms of maintaining party unity is to try to run on a ticket of moving past the referendum and focussing on the party’s core issues of social justice, better public services and redistribution.

But the trouble with that approach is that it’s alarmingly similar to the one favoured by Kezia Dugdale and Scottish Labour in 2016, who tried to make the election about public services, not the constitution. They came third, behind a Conservative party that ran on an explicitly pro-Union platform. The possibility of an English sequel should not be ruled out.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.