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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Has Arlene Foster saved power-sharing in Northern Ireland?

The DUP leader's decision to attend Martin McGuinness' funeral was much more than symbolic. But is Gerry Adams willing to make a deal?

After some prevarication, DUP leader Arlene Foster chose to attend the funeral of Martin McGuinness in Derry today. Her decision to do so cannot have been an easy one.

A substantial part of her loyalist base has noisily resisted attempts to memorialise the late deputy first minister as anything other than an inveterate killer. Foster herself notes in today’s Belfast Telegraph that the former IRA commander was responsible for the deaths of “many neighbours and friends”. And in 1979 – aged just eight – she bore witness to the bloody aftermath of an IRA attack in her own home: her father, a reservist police officer, was shot in the head by a gunman later eulogised by McGuinness.

Her attendance at today’s funeral is thus noteworthy and has been the subject of due praise. She was twice applauded by the congregation: as she took her seat, and after Bill Clinton singled her out in his eulogy. It is, however, much more than the symbolic gesture it might appear.

Last month’s election, which saw the DUP lose 10 seats and unionist parties lose their Stormont majority for the first time in nearly a century, proved Foster to be damaged goods. She was – and remains – tarnished by the RHI scandal but also by her crass behaviour towards the nationalist community, particularly on Irish language issues.

Her carelessly won reputation as a truculent bigot will therefore not be easily lost. Her departure remains a red line for Sinn Fein. But with just four days until the deadline for a new devolution settlement, Foster’s presence at McGuinness’ funeral is the clearest indication yet of the DUP’s carefully calculated strategy. It isn’t quite a resignation, but is nonetheless indicative of the new manner in which Foster has carried herself since her party’s chastening collapse.

She has demonstrated some contrition and offered tacit acknowledgement that her election shtick was misjudged and incendiary. Her statement on McGuinness’ death was delicately pitched and made only oblique reference to his IRA past. In the absence of a willingness to allow Foster to step down, the decision instead has been taken to detoxify her brand.

The conciliatory Foster the DUP will nominate for First Minister on Monday will as such at least appear to be apart from the dogwhistling Foster who fought the election – and her attendance today is the superlative indication of that careful transition. There has been talk that this increases the chance of a deal on a new executive. This is premature – not least because the onus is now almost entirely on Sinn Fein.

Theirs is just as much a mandate to reject Stormont as we know it as it is to return and right the DUP’s wrongs. Gerry Adams, the last member of the Armalite generation standing, has made this abundantly clear – and has hardened his line just as Foster has made sure to be seen magnanimously softening hers. He said last night that he would not tolerate any extension of power-sharing talks beyond Monday’s deadline, and called on Dublin to prevent the UK government from re-instating direct rule.

Though Adams also maintained a deal was still possible in the coming days, his statement augurs badly. As the former UUP leader Lord Empey told me on the day McGuinness died, the Sinn Fein president – the ideologue to McGuinness’ Stormont pragmatist – is now entirely without equal within his party. Though he has set the transition to a new generation of female leaders in train, he remains in total control. His demand for Dublin’s involvement is also telling: as the leader of the third-biggest party in the Dail, his is an all-Ireland long game. Enda Kenny will soon depart, offering Fianna Fail – riding high in the polls – a useful pretext to renegotiate or scrap their confidence and supply arrangement with his minority government. Sinn Fein are on course to make gains, but implementing Brexit and austerity as partners in a Stormont executive would undermine their populist anti-austerity platform.

As such, Empey predicted McGuinness’ death would allow Adams to exert a disruptive influence on the talks to come. “I don’t think it’ll be positive because for all his faults, Martin was actually committed to making the institutions work,” he said. “I don’t think Gerry Adams is as committed – and it was obvious from the latter part of last year that Gerry was reinstating his significant influence in the party. For that reason I think it will make matters more difficult.  I hope I’m wrong, but that’s my sense.”

He is not alone. There was, earlier this week, growing confidence in Westminster that some fudge could be reached on the most contentious issues. It isn't impossible - but Adams’ renewed dominance and rejection of the extended timeframe such negotiations would undoubtedly require suggests a new executive is as unlikely a prospect as it has ever been. With Foster quietly reinventing herself, the DUP could be the big winners come the next election (which could come this year and reinstate a unionist majority) – and the resurgent republicans might well rue the day they squandered their big chance.

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.