Clegg has shown civil liberties are safe with the Lib Dems in government

By vetoing the snoopers' charter and securing the passage of an amended Defamation Bill, the Lib Dem leader has proved the sceptics wrong.

While the uncharitable among you often suggest I don’t know my arse from my elbow, my recent musings could now be interpreted as a carefully constructed scheme to further the cause of civil liberties. On the other hand, it may be wild coincidence. I’ll let you make your own mind up.

A couple of weeks ago I suggested in these august pages that commentators were more effective at getting stuff done than our elected representatives. And I cited the hero of the Lib Dem grassroots and MP for Cambridge, Julian Huppert, as a typical example of a politician who kept voting the right way, doing the right thing – and losing.

I clearly riled him.

Stage two of my sophisticated attack strategy was to suggest that the Lib Dems' reputation as defenders of civil liberties would be seriously damaged if the Defamation Bill didn’t get sorted smartish, and if there was any suggestion of support for any bill that could be called a snoopers' charter.

This has clearly given Nick Clegg some sleepless nights. And as I sit here this morning, stroking my white cat and pondering world domination, we see the pieces of the civil liberties jigsaw fall neatly into place.

Earlier in the week, the Defamation Bill passed into law, with an appropriate amendment introduced to prevent corporations bullying individuals using the threat of libel, as promised and expertly chaperoned through Westminster by Julian Huppert, my words no doubt ringing in his ears.

And now, terrified at the prospect of what the Guardian has started to refer to as "influential activists" doing their nut, Nick’s confirmed that a blanket record of digital activity is "not going to happen with Liberal Democrats in government". So it seems the snoopers' charter is dead and buried too (Incidentally, I bet they use another term to describe "influential activists" inside Lib Dem HQ. But I digress).

Of course, I think we all knew Julian was always going to sort out the Defamation Bill without my, um,  'help and assistance'; and that Nick would have seen the proposed Communications Data Bill as the pernicious and (not especially) thin edge of the wedge towards state invasion of our internet privacy. After all, one or two other people have made similar points.

The point is, we’re a more free society today than it looked like we would be a week ago. And we’re not going to allow a snoopers' charter onto the statute books. Civil liberties are safe in our hands. Because we’re Lib Dems – and we’re very much in favour of that sort of thing.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference

Nick Clegg makes his keynote speech at the Liberal Democrat spring conference last month. Photograph: Getty Images.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference

Photo: Getty
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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

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