Miliband has nothing to lose from standing by Leveson

The Labour leader's stance won't win him many friends on Fleet Street but no one should believe the press will swing the next election.

Each side in the Leveson debate naturally prefers to cast their position in terms of highest principle. Ed Miliband champions the cause of victims of cynical and grotesque press intrusion; David Cameron resists the subordination of ancient liberties to the dead hand of state regulation. There are, of course, other calculations at work.

The Prime Minister has pulled out of cross-party talks aimed at finding a compromise Leveson-lite model and thereby precipitated a vote in parliament at the start of next week. In practice, there may have been some arcane middle way that guarantees free speech and also gives legal force to mechanisms supporting victims of shabby practice seeking redress – but no-one could see what it looked like and there were no political points on offer for waiting around to find it.

Cameron surely realised that any version of regulation with a statutory underpinning would be denounced as the thin end of a Stasi-shaped censorship wedge by most newspapers, while anything less would be presented as craven capitulation to press baron pressure.

He has chosen to weather the charge of cronyism if it means being feted on Fleet Street. In fact, he made that choice the moment the Leveson report was published, when – after a skim read – he saw that he was spared the most conspiratorial interpretation of his and Jeremy Hunt’s relations with News International and felt exonerated. That day he announced he preferred to avoid statutory regulation and the inky praise was duly dispersed in most papers the following morning.

Miliband, by contrast, could hardly renege on his own commitment to stand by the Leveson process, which meant, to some degree at least, seeing its proposals enacted in law. The creation of the inquiry is seen by many on the Labour side as their leader’s finest hour. Denouncing Rupert Murdoch’s Evil Empire and demanding justice for the victims was a gamble that looked at the time to have paid off handsomely. It was a concrete piece of evidence of the Labour leader’s otherwise rather abstract claim to be a crusader against stale orthodoxies and cosy establishments.

As it happens, Miliband didn’t destroy the feral Fleet Street beast or prise it away from its prejudiced proprietors. He just made them angry. Cameron surely recognises that it does him no harm to befriend the wounded animal, hoping to benefit when it savages the leader of the opposition – as it certainly will. It might, in that context, be tempting to see Miliband’s dedication to the Leveson cause as a blunder. It certainly doesn’t win him many friends in the journalistic fraternity.

But then again, how likely was it really that the Mail, the Sun, the Express, the Telegraph, the Standard or the Times were ever going to support Miliband? Their editorial positions are firmly entrenched on the right. When they attack the government it tends to be in the shrillest terms for lacking conservative rigour. What could Miliband possibly do to appeal to those organs that would also be consistent with the person he is and the politics he wants to pursue? One of the things he has going for him – something more thoughtful Tory MPs privately concede – is that he is recognised in Westminster as a man who believes in something other than raw political gain. The Miliband candidacy, come the election, will be presented in terms of a leader who stands by his convictions, even if it doesn’t look popular or clever at the time. Leveson is one of those things. (I don’t say this because I’m persuaded it will work, only because I strongly suspect this is how the issue will be viewed within Team Miliband.)

And, come May 2015, what difference will the newspapers make? Who under the age of 30 buys a newspaper these days? Could the Conservative-supporting press swing the election for Cameron in 2010? Did a concerted, ferocious press assault on the Liberal Democrats in the run up to the Eastleigh by-election cost them the seat? No.

The painful truth for print journalists (and I know it’s painful, because I am one and it hurts) is that obsolescence is creeping upon us at an alarming rate. The public are barely more respectful of newspaper hacks than they are of politicians, so no-one is impressed when the latter defend the freedoms of the former and are thanked for it with lavish praise in editorial columns read mostly by other journalists and politicians. Besides, no newspaper will endorse a candidate who looks like a loser. By 2015 that cap could just as easily fit Cameron as Miliband.

Ultimately, each side in this Leveson row has chosen the path that is rational given his circumstances. Cameron has nothing to gain by making enemies on the right-wing corner of Fleet Street and Miliband has nothing much to lose.

Labour Party leader Ed Miliband addresses delegates at the annual CBI conference. Photograph: Getty Images.

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

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.