If it is to be a "one nation" party, Labour must support an EU referendum

Miliband is making a strategic mistake by aligning the party with an EU political elite intent on exerting control over all 27 members states, regardless of the wishes of each electorate.

What does the one nation ideal mean for Labour’s approach to an in-out referendum on our EU membership? The term 'one nation' surely implies an end to class war politics and an equal voice in the democratic system for individuals from all sections of society. Rule by elites who act in their own interests at the expense of the rank and file, is the main danger to be avoided. If so, on what principled grounds could a one nation political party oppose an EU referendum?

Well into the 1980s Labour was sceptical about the EU. When I was a member of the party in Newcastle upon Tyne at the time of the 1975 referendum, the overwhelming view of members was that the Common Market (as it was then called) was dominated by the interests of business corporations. Rank and file workers counted for little. This view prevailed into the 1980s and was empirically confirmed by the actions of the Thatcher government in 1986.

The claim that the common market was largely an economic co-prosperity zone had some plausibility at the time of the 1975 referendum. It was possible for a nation to veto decisions that were against the interests of its people. So long as this safeguard remained, the EU might have developed into a mutually beneficial system of international co-operation. But the big countries wanted to be able to impose their wishes on other member states. The turning point came with the Single European Act of 1986, which was actively supported by the Thatcher government. The national veto was replaced by qualified majority voting (QMV) in a dozen key areas, including the single market, monetary co-operation and social policy.

In her book Statecraft, Thatcher explained that she supported the wider use of majority voting because she wished to force the other EU countries to eliminate "non-tariff barriers" to trade, which "operated through different national standards on health and safety, regulations and public procurement policies which discriminated against foreign products, and over-elaborate customs procedures". She wanted the power to outvote other countries, because she thought Britain would gain at the expense of other EU members, especially in providing services. Without the increase in majority voting, she said, "the programme itself could not have been driven through in the face of vested interests in member countries whose governments would have been under immense pressure to use the veto".

Her intention had been to impose de-regulation, but ten years later she admitted that harmful regulation had increased. She acknowledged two mistakes. She had naively believed that powers given to the EU to force through the single market would not be used for other purposes. And she had misunderstood the intentions of other leaders. The single market for them was "a device for centralising more decision-making in the hands of Europe".

In truth, she fell into a trap set up the centralisers. They knew she wanted to deregulate to strengthen the single market, and offered her the chance to coerce other EU members, with the intention of using the self-same powers to force the hand of Thatcher and future British governments. In the end, the Single European Act not only failed to extend the single market, Thatcher concluded that its powers had been "abused in order to push corporatist and collectivist legislation upon Britain by the back door". Her intention had been to impose de-regulation on other countries "by the back door" but they had turned the tables on her. The overall effect had been to "reduce Britain’s ability to compete successfully".

The Conservative Party, which had once prided itself on its patriotism, had under Thatcher been willing to surrender self-government for the paltry gain of a bigger market share for UK service providers in other EU countries. Thatcher at least admitted her mistake and perhaps her admission may serve as a warning to the current government. They could usefully take into account the alternative view that Thatcher advocated in Statecraft. She argued that the strategy of a "level playing field" was not as attractive as it sounded. Harmonisation often entrenched unwise regulation. A better approach would have been to allow different nations to compete to discover the best conditions for enterprise. She quotes J.S. Mill, who had argued that Europe owed its success to the ‘plurality of paths’ followed by different nations.

In saying this, she got close to understanding one of the strongest arguments for democratic self-government, one that was stressed constantly by liberal writers including Hayek, the thinker most admired by Thatcher. Human imperfection was such that we should be wary of giving any agency coercive power. In particular, our institutions should avoid granting exclusive or monopoly power, and instead should allow for reflection, double-checking, and the correction of mistakes in the light of experience. We should aim for an open society in which different ideas can be tried out, and in which creativity and innovation can flourish. Just as a competitive market allows consumers to compare companies, so national independence allows comparison between national systems, including their regulatory regimes. Moreover, democracy depends on nations. They make the ideal of government by consent a realistic hope, and the accountability of leaders a practical possibility.

One country could choose to have greater respect for trade unions and stronger workplace protection and set an example to others of what it believes to be best. Another could have light-touch regulation and offer itself for the critical judgment of other peoples. Over time each can learn from the other.

Until the 1980s it had been the policy of Labour to preserve national independence and Ed Miliband’s use of the term 'one nation' seemed to suggest a renewal of that tradition. But at present, Labour’s leadership is in danger of making a strategic mistake by aligning the party with an EU political elite intent on exerting control over all 27 EU nations, regardless of the wishes of each electorate. The ‘one-nation’ theme of recent speeches surely implies respect for the democratically-expressed views of the people of each nation. Not, it seems, if they want to secure independence from the EU. And yet it was Thatcher who willingly surrendered our powers of self-government. Moreover, David Cameron is no better than Thatcher. Cameron has advanced no principled defence of our independence and tacitly upholds the command-and-control mentality of Europe’s self-chosen elite. Labour is missing a chance to be the voice of the public spirited majority.

David Green is director of Civitas

Workers walk over a giant EU flag in front of the Parliament building in Bucharest, Romania. Photograph: Getty Images.
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Why is the government charging more women for selling sex but turning a blind eye to buyers?

Since 2013, the number of women charged for selling sex gone up while the number of men charged for buying it has gone down.

It’s no surprise that prostitution policy is an area rarely visited by our legislators. It’s politically charged - a place where the need to prevent exploitation seemingly clashes head on with notions of liberal freedom; where there are few simple answers, a disputed evidence base, and no votes.

There’s also little evidence to suggest that MPs are different from the rest of the population - where one-in-ten men have purchased sex. It is little wonder therefore that our report on how the law should change, published in 2014, was the first major cross-party intervention on the subject in twenty years.

Some take the view that by removing all legal constraints, it will make the inherently exploitative trade of prostitution, safer. It’s not just me that questions this approach, though I accept that - equally - there’s no consensus that my preferred measure of criminalising the purchase of sex, while decriminalising the sale, would fundamentally change the scale of the problem.

Where all sides come together, however, is in the desire to see women diverted from the law courts. It is still possible for women (and it still is women; prostitution remains highly genderised) to go to prison for offences related to prostitution. Today, in 2015.

The total number of prosecutions for all prostitution offences in England and Wales has been decreasing since 2010, but not in a uniform fashion. This does not reflect a reduction in the size of the trade, or the violent nature of it.

There were once consistently more prosecutions for kerb crawling, profiting, and control of prostitution. But since 2013, there have been more prosecutions for soliciting or loitering than for profit from prostitution and kerb crawling each year.

In simple terms, offences committed by men with choice, freedom and money in their pocket are having a blind eye turned to them, while women are being targeted - and this trend is accelerating. In the law courts, and in prosecutions, it is the most vulnerable party in the transaction, who is taking the burden of criminality.

Take on-street sex buying as an example. In 2013-14 just 237 prosecutions were brought for kerb crawling, but there were 553 - more than twice as many - for loitering and soliciting.

There is a similar pattern in the 2014/15 figures: 227 charges for kerb crawling reached court, while 456 prosecutions were initiated against those who were selling sex. Just 83 prosecutions for control of prostitution, or ‘pimping’, were brought in that same year.

These are men and women on the same street. It takes a high level of liberal delusion to be convinced that prostitution is caused by a surge of women wishing to sell sex, rather than men who wish to buy it. And yet women who sell sex are the ones being targeted in our law courts, not the men that create the demand in the first place.

This situation even goes against the Crown Prosecution Service’s (CPS) own guidance. They say:

“Prostitution is addressed as sexual exploitation within the overall CPS Violence Against Women strategy because of its gendered nature… At the same time, those who abuse and exploit those involved in prostitution should be rigorously investigated and prosecuted, and enforcement activity focused on those who create the demand for on-street sex, such as kerb crawlers.”

Why then, is this happening? For the same reason it always does - in our criminal justice system stigmatised, poor women are valued less than moneyed, professional men.

My debate in Parliament today raises these issues directly with the government ministers responsible. But to be honest, the prosecution-bias against women in the courts isn’t the problem; merely a symptom of it. This bias will only be tackled when the law reflects the inherent harm of the trade to women, rather than sending the mixed signals of today.

That’s why I welcome the work of the End Demand Alliance, composed of over 40 organisations working to end the demand that fuels sex trafficking and prostitution, advocating the adoption of the Sex Buyer Law throughout the UK.

This would criminalise paying for sex, while decriminalising its sale and providing support and exiting services for those exploited by prostitution. Regardless of these big changes in the law, I don’t see how anyone can support the current state of affairs where there are more prosecutions brought against women than men involved in prostitution.

The authorities are targeting women because they're easier to arrest and prosecute. It goes against their own guidance, common sense and natural justice.
And it needs to stop.

Gavin Shuker is MP for Luton South and chair of the All Party Group on Prostitution and the Global Sex Trade.