The case for a Labour EU referendum pledge is becoming ever weaker

Promising an in/out vote would shift the debate back onto Tory territory and allow Cameron to claim that Miliband is dancing to his tune.

After some fine filibustering by Labour MPs, debate on Conservative MP James Wharton's EU referendum bill (which would enshrine in law his party's pledge to hold a vote by the end of 2017) has been adjourned until 22 November. The most notable intervention today came from Ed Miliband, who told broadcasters: "I think what we see today is the Conservative Party talking to itself about Europe when actually what they should be doing is talking to the country about the most important issue that people are facing, which is the cost of living crisis. That’s what Labour’s talking about; that’s the right priority for the country."

What is striking is the confidence with which he dismissed the Tories' referendum antics. Having defined the debate through his proposed energy price freeze and his focus on living standards, he speaks from a position of strength. The case for Labour to pledge to hold an in/out EU referendum (discussed by Rafael in his column this week), most likely before 2017, is becoming weaker every day. Once viewed as a clever ruse to split the Conservatives (something that Adam Afriyie's amendment notably failed to do), it would now shift the debate back onto Tory territory and allow David Cameron to claim that a "weak" Miliband is dancing to his tune.

Despite this, some Labour figures privately suggest the party could reverse its stance following next year's European elections as evidence that it has "listened and learned". Cameron's charge that Labour is unwilling to "trust the people" is one they fear will haunt them during the general election campaign. Yet there is no evidence that the Tories' pledge will succeed in winning back significant numbers of voters from UKIP, most of whom have far wider grievances, or that it will define the election in the way that many Conservatives hope. As polling by Ipsos MORI regularly shows, the EU does not even make it into the top ten of voters' concerns. If there is an electoral cost to Labour from refusing to match Cameron's promise, it will likely be too small to make a difference.

All of this is before we consider the disruptive effect that a post-2015 referendum would have on Miliband's governing agenda and the danger of an 'out' vote (something that a Labour government would find harder to avoid than a Conservative one). Miliband and Douglas Alexander have long made a coherent case against a referendum. As the Tories continue to flout wise warnings not to "bang on" about Europe, they should hold their nerve.

Ed Miliband with shadow foreign secretary Douglas Alexander at the Labour conference in Brighton earlier this year. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

Photo: Getty Images
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We don't need to build more prisons - we need to send fewer people there

The government talks a good game on prisons - but at the moment, the old failed policies hold sway

Some years ago the Howard League set up an independent expert review of what should happen to the penal system. We called it Do better, do less.

Too many governments have come in with enthusiasm for doing more, in the mistaken belief that this means better. We have ended up with more prisons, more prisoners, a bulging system that costs a fortune and blights lives. It is disappointing that the new regime appears to have fallen into the same old trap.

It is a big mistake to imagine that the justice system can be asked to sort out people’s lives. Prisons rarely, very rarely, turn people into model citizens able to get a great job and settle with a family. It is naïve to think that building huge new prisons with fewer staff but lots of classrooms will help to ‘rehabilitate’ people.

Let’s turn this on its head. There are more than 80,000 men in prison at any one time, and 40,000 of them are serving long sentences. Simply giving them a few extra courses or getting them to do a bit more work at £10 a week means they are still reliant on supplementary funding from families. Imagine you are the wife or partner of a man who is serving five to ten years. Why should you welcome him back to your home and your bed after all that time if you have hardly been able to see him, you got one phone call a week, and he’s spent all those years in a highly macho environment?

The message of new prisons providing the answer to all our problems has been repeated ad nauseam. New Labour embarked on a massive prison-building programme with exactly the same message that was trotted out in the Spending Review today – that new buildings will solve all our problems. Labour even looked at selling off Victorian prisons but found it too complicated as land ownership is opaque. It is no surprise that, despite trumpeting the sell-off of Victorian prisons, the one that was announced was in fact a jail totally rebuilt in the 1980s, Holloway.

The heart of the problem is that too many people are sent to prison, both on remand and under sentence. Some 70 per cent of the people remanded to prison by magistrates do not get a prison sentence and tens of thousands get sentenced to a few weeks or months. An erroneous diagnosis of the problem has led to expensive and ineffective policy responses. I am disappointed that yet again the Ministry of Justice is apparently embarking on expansion instead of stemming the flow into the system.

A welcome announcement is the court closure programme and investment in technology. Perhaps, in the end, fewer courts will choke the flow of people into the system, but I am not optimistic.

It is so seductive for well-meaning ministers to want to sort out people’s lives. But this is not the way to do it. Homeless people stealing because they are hungry (yes, it is happening more and more) are taking up police and court time and ending up in prison. We all know that mentally ill people comprise a substantial proportion of the prison population. It is cheaper, kinder and more efficacious to invest in front line services that prevent much of the crime that triggers a criminal justice intervention.

That does leave a cohort of men who have committed serious and violent crime and will be held in custody for public safety reasons. This is where I agree with recent announcements that prison needs to be transformed. The Howard League has developed a plan for this, allowing long-term prisoners to work and earn a real wage.

The spending review was an opportunity to do something different and to move away from repeating the mistakes of the past. There is still time; we have a radical Justice Secretary whose rhetoric is redemptive and compassionate. I hope that he has the courage of these convictions.

Frances Crook is the Chief Executive of the Howard League for Penal Reform.