Lib Dem activists are prepared for war over the snoopers' charter

After repeated assaults on civil liberties by the coalition, the party's grass roots are angry, worried and very distrustful.

Like some political version of Schrödinger's cat, Lib Dem MPs appear to be trapped in a Westminster box, while activists stand outside, wondering if the fight for civil liberties is alive or dead within. We don’t know – but worryingly, there’s currently a hell of a stench of dead something or other coming from that direction.

Civil liberties are a touchstone issue for party members, lying at the core of why most joined the Lib Dems. And we’ve taken a hell of a battering. For example, this week our MPs voted against a set of proposed amendments in the Defamation Bill which would have made it harder for corporations to silence critics using the threat of libel. This despite the fact that it’s party policy and was proposed in the 2010 manifesto. Apparently, we’re on a promise that it can all get changed back again now it’s returned to the Lords. Although the initial reaction from the party doesn’t exactly fill, you with confidence.

A Liberal Democrat spokesman said the party would be instructing their MPs to vote with the Government. 'Unfortunately we are in a Coalition and this was one of those areas where we could not get our Conservative colleagues to agree with us,' he said

Nor does this excellent analysis of the situation from David Allen Green. And don’t forget all this is on the back of the Justice and Security Bill (secret courts, to you and me) debacle. Seven Lib Dem MPs rebelled over that Bill, fewer than the number who managed to show a bit of backbone during the rebellion over planning regulations this week. 

But what’s really keeping activists awake at night, the radioactive isotope that might release the Tory poison and kill the cat, is the new version of the Communications Data bill. You will recall, perhaps, that we were told last year, by a Lib Dem minister, no less - that :

The proposals being considered would simply update the current rules – which allow the police in criminal investigations to find out who was contacted and when – to cover new forms of technology that didn’t even exist when the original laws were made, like Skype

…and it was only when the party went stark raving bonkers that anyone in Westminster woke up and smelled the coffee.

By December, we had moved on considerably, with Nick saying, "we cannot proceed with this bill and we have to go back to the drawng board", which is about as clear as you can get and in marked contrast to his original comments.

But the grass roots party is angry, it’s worried and it’s very distrustful. You didn’t have to go through the last bill with a fine toothcomb to drive a coach and horses through its assault on civil liberties. This time , presumably, rather more care has been taken  - so activists are primed and ready to take whatever is proposed in the next Queen’s Speech apart word by word, line by line.

If the Westminster party thought the grass roots gave them a hard time on civil liberties before, just try and propose some legislation that does anything but roll back the state’s powers in this area. You haven’t seen anything yet.

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

The Communications Data bill is being rewritten after Nick Clegg said the draft version was unacceptable. Photograph: Getty Images.

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

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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