The Lib Dems' failure to defend our rights means Labour is now the party of civil liberties

From the lobbying bill to secret courts and legal aid, too often Nick Clegg's party have been the lobby fodder the Tories need to deliver their attacks on our freedoms.

With the Liberal Democrats' ever-weakening claim to be the party of civil liberties, the last seven days are a new low. Just last Tuesday, not a single one of their MPs opposed the party of the government’s draconian Lobbying Bill that muzzles charities and campaigners. Seemingly happy with the chilling effect the proposals will have on civic society’s contribution to our democracy, they trooped through the lobby in support. What’s more, it’s a Lib Dem minister leading on the Bill.

And just 24 hours later, I almost choked on my cornflakes at reports in the Guardian that the Lib Dems will repeal legislation on secret courts. What’s astonishing is that this is an Act of Parliament their MPs voted in favour of, and helped put on the statute books, just five months ago. Having spent 11 months involved in that bill, I was pleased at the stance taken by last year’s Liberal Democrat conference, asking their MPs to support Labour in opposing the worst excesses of the proposals. Unfortunately, the party leadership refused.

Having met many Lib Dem members, I know this issue caused considerable anger, with some resigning in disgust. On secret courts, the Lib Dem leadership suffered one of only a handful of annual conference defeats since 2010. And this is symptomatic of a growing divide between the grassroots and their MPs. Many Lib Dem supporters will see last week’s newspaper reports on secret courts as a stunt to head off another confrontation at their conference. Looking at the issues up for votes at their conference, I doubt whether Lib Dem members, activists or supporters have been fooled.

The Lib Dem leadership desperately spin that they are a moderating influence on Tory excesses. But in areas of justice and the constitution, tumbleweed blows through the party's benches when it comes to areas of policy that should be core to their beliefs. Lib Dem MPs happily supported government changes to individual electoral registration that could see millions of eligible voters losing their vote. They voted to reduce the number of MPs by a figure designed only to benefit the Tories. And they’ve barely made a squeak on the dismantling of access to justice – cuts to legal aid - and the curtailing of judicial review. Their silence on weakening freedom of information through ever more public money in the hands of private companies beyond the scope of the legislation is deafening.

Of course difficult decisions are faced on a day to day basis, as Labour knows well. Getting the balance right between what is in the interests of protecting the public and what upholds the rights of all of our citizens is something on occasions we got wrong. The Lib Dems never missed the chance to moralise on this when Labour was in government, yet have jettisoned any semblance of a truly liberal position in many areas at the first prospect of a ministerial car and grand office. It’s left to Labour to champion legal and constitutional protections our citizens need in a healthy democracy and it’s a shame we couldn’t do this together in Parliament.

The Lib Dems must learn one very big lesson – that the Tories cannot be trusted with civil liberties and our constitution. The Tories have shown themselves a majoritarian party, seeking the eradication of criticism and challenge, curtailing checks and balances and putting themselves beyond the rule of law. Just last week we saw the smear on charities by Chris Grayling. Their idea of democracy is if you’re not with us, you should be muzzled, snuffed out, or put back in your box.

But politics isn't a battle of ideas if you gag those you don’t agree with. This isn’t a democracy Labour believes in – nor, I suspect, Lib Dem members. Labour recognises that we are stronger as a nation through checks and balances that hold to account those in positions of power, including governments and public agencies. Enormous value flows from flourishing campaigns, charities and civic organisations and their mass-membership participating in politics. All of these are crucial to the lifeblood of a modern democracy, not threats.

Of course, I welcome the Lib Dems agreeing with Labour in defending the Human Rights Act, and membership of the European Court of Human Rights. But I’m afraid that on many issues, the mere association with the Tories is enough to tarnish their liberal veneer. They are the lobby fodder the Tories need to deliver their attacks on our constitutional rights. 

And so it falls to Labour to defend our citizen’s rights and stand up to powerful vested interests, be them economic, in the media, or political. Ed Miliband has made it clear that we won’t tolerate abuse by elites, monopolies, or those with concentrated power. To those turning their backs on the Lib Dems on civil liberties issues, this doesn’t leave you without electoral options. On the contrary – under Ed Miliband’s leadership, it’s Labour that can now lay claim to the mantle of defender of our citizens’ rights.

Sadiq Khan is the shadow justice secretary (with special responsibility for constitutional and political reform)

Nick Clegg with Danny Alexander at the Liberal Democrat conference in Glasgow. Photograph: Getty Images.
Sadiq Khan is MP for Tooting, shadow justice secretary and shadow minister for London.
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North Yorkshire has approved the UK’s first fracking tests in five years. What does this mean?

Is fracking the answer to the UK's energy future? Or a serious risk to the environment?

Shale gas operation has been approved in North Yorkshire, the first since a ban introduced after two minor earthquakes in 2011 were shown to be caused by fracking in the area. On Tuesday night, after two days of heated debate, North Yorkshire councillors finally granted an application to frack in the North York Moors National Park.

The vote by the Tory-dominated council was passed by seven votes to four, and sets an important precedent for the scores of other applications still awaiting decision across the country. It also gives a much-needed boost to David Cameron’s 2014 promise to “go all out for shale”. But with regional authorities pitted against local communities, and national government in dispute with global NGOs, what is the wider verdict on the industry?

What is fracking?

Fracking, or “hydraulic fracturing”, is the extraction of shale gas from deep underground. A mixture of water, sand and chemicals is pumped into the earth at such high pressure that it literally fractures the rocks and releases the gas trapped inside.

Opponents claim that the side effects include earthquakes, polluted ground water, and noise and traffic pollution. The image the industry would least like you to associate with the process is this clip of a man setting fire to a running tap, from the 2010 US documentary Gasland

Advocates dispute the above criticisms, and instead argue that shale gas extraction will create jobs, help the UK transition to a carbon-neutral world, reduce reliance on imports and boost tax revenues.

So do these claims stands up? Let’s take each in turn...

Will it create jobs? Yes, but mostly in the short-term.

Industry insiders imply that job creation in the UK could reflect that seen in the US, while the medium-sized production company Cuadrilla claims that shale gas production would create 1,700 jobs in Lancashire alone.

But claims about employment may be exaggerated. A US study overseen by Penn State University showed that only one in seven of the jobs in an industry forecast actually materialised. In the UK, a Friends of the Earth report contends that the majority of jobs to be created by fracking in Lancashire would only be short-term – with under 200 surviving the initial construction burst.

Environmentalists, in contrast, point to evidence that green energy creates more jobs than similar-sized fossil fuel investments.  And it’s not just climate campaigners who don’t buy the employment promise. Trade union members also have their doubts. Ian Gallagher, Secretary of Blackburn and District Trade Unions Council, told Friends of the Earth that: “Investment in the areas identified by the Million Climate Jobs Campaign [...] is a far more certain way of addressing both climate change and economic growth than drilling for shale gas.”

Will it deliver cleaner energy? Not as completely as renewables would.

America’s “shale revolution” has been credited with reversing the country’s reliance on dirty coal and helping them lead the world in carbon-emissions reduction. Thanks to the relatively low carbon dioxide content of natural gas (emitting half the amount of coal to generate the same amount of electricity), fracking helped the US reduce its annual emissions of carbon dioxide by 556 million metric tons between 2007 and 2014. Banning it, advocates argue, would “immediately increase the use of coal”.

Yet a new report from the Royal Society for the Protection of Birds (previously known for its opposition to wind farm applications), has laid out a number of ways that the UK government can meet its target of 80 per cent emissions reduction by 2050 without necessarily introducing fracking and without harming the natural world. Renewable, home-produced, energy, they argue, could in theory cover the UK’s energy needs three times over. They’ve even included some handy maps:


Map of UK land available for renewable technologies. Source: RSPB’s 2050 Energy Vision.

Will it deliver secure energy? Yes, up to a point.

For energy to be “sustainable” it also has to be secure; it has to be available on demand and not threatened by international upheaval. Gas-fired “peaking” plants can be used to even-out input into the electricity grid when the sun doesn’t shine or the wind is not so blowy. The government thus claims that fracking is an essential part of the UK’s future “energy mix”, which, if produced domestically, will also free us from reliance on imports tarnished by volatile Russian politics.

But, time is running out. Recent analysis by Carbon Brief suggests that we only have five years left of current CO2 emission levels before we blow the carbon budget and risk breaching the climate’s crucial 1.5°C tipping point. Whichever energy choices we make now need to starting brining down the carbon over-spend immediately.

Will it help stablise the wider economy? Yes, but not forever.

With so many “Yes, buts...” in the above list, you might wonder why the government is still pressing so hard for fracking’s expansion? Part of the answer may lie in their vested interest in supporting the wider industry.

Tax revenues from UK oil and gas generate a large portion of the government’s income. In 2013-14, the revenue from license fees, petroleum revenue tax, corporation tax and the supplementary charge accounted for nearly £5bn of UK exchequer receipts. The Treasury cannot afford to lose these, as evidenced in the last budget when George Osborne further subsidied North Sea oil operations through increased tax breaks.

The more that the Conservatives support the industry, the more they can tax it. In 2012 DECC said it wanted to “guarantee... every last economic drop of oil and gas is produced for the benefit of the UK”. This sentiment was repeated yesterday by energy minister Andrea Leadsom, when she welcomed the North Yorkshire decision and described fracking as a “fantastic opportunity”.

Dependence on finite domestic fuel reserves, however, is not a long-term economic solution. Not least because they will either run out or force us to exceed international emissions treaties: “Pensions already have enough stranded assets as they are,” says Danielle Pafford from 350.org.

Is it worth it? Most European countries have decided it’s not.

There is currently no commercial shale-gas drilling in Europe. Sustained protests against the industry in Romania, combined with poor exploration results, have already caused energy giant Chevron to pull out of the country. Total has also abandonned explorations in Denmark, Poland is being referred to the European Court of Justice for failing to adequately assess fracking’s impact, and, in Germany, brewers have launched special bottle-caps with the slogan “Nein! Zu Fracking” to warn against the threat to their water supply.

Back in the UK, the government's latest survey of public attitudes to fracking found that 44 per cent neither supported nor opposed the practice, but also that opinion is gradually shifting out of favour. If the government doesn't come up with arguments that hold water soon, it seems likely that the UK's fracking future could still be blasted apart.

India Bourke is the New Statesman's editorial assistant.