Miliband waits in hope that the Tories’ counterfeit consensus on Europe will unravel

MPs who last year wanted the Labour leader to trump Cameron by calling for a snap poll on Europe say the moment has passed.

Conservatives have given up trying to agree on whether Britain should be a member of the European Union. They have settled instead for a lesser harmony, agreeing that the matter should be settled by a referendum. They cheer through parliament a symbolic bill stipulating that such a vote be held by the end of 2017.

This counterfeit consensus has obvious charm for Tory MPs. It allows them to say with a straight face that the party is united on Europe. The moment of choice is deferred. Since the EU is evolving, none but the most determined quitters feel sure that in four years’ time it will still be the kind of union Britain should leave. What Conservatives can say with certainty is that David Cameron wants a referendum and Ed Miliband doesn’t, which feels like a great advantage to a party with an inflated sense of national grievance against Brussels.

The Tories are so proud of their plebiscite pledge that they keep expecting Miliband to copy it. The Labour leader is under frequent pressure to do just that from those on his own side who find their present stance untenable. Officially, the party prefers the prospect of governing without a referendum, while accepting that any new EU treaty would trigger one automatically. Some of the leader’s closest allies concede that something less slippery must be declared before too long.

The range of options is narrowing. Until recently some on the Labour side entertained the idea of hijacking the Tories’ backbench bill with demands for a vote this side of a general election, thereby sowing discord in the Conservative ranks. That ruse was killed when Adam Afriyie, a Tory MP of guileless ambition, tabled just such an amendment and found his colleagues slow to schism.

That reaction convinced Labour provocateurs that there was less mischief to be made in alliance with rebellious Tories than they had previously thought. MPs who last year wanted Miliband to trump Cameron by calling for a snap poll on Europe say the moment for such a gambit has passed. “That particular bus has left the station,” says one shadow cabinet supporter of a referendum.

The next bus – and the one some in Miliband’s entourage are most interested in boarding – leaves next May when there are elections for the European Parliament. Declaring support for an in/out referendum in the run-up to that poll gives Labour cover to say its agenda has been set by the natural rhythms of a campaign timetable. At any other moment, it would too conspicuously be a panicky reaction to Tory taunts.

The need to be seen doing things “on his own terms, in his own time” (as one aide likes to put it) is of paramount importance to Miliband. The Conservatives want to portray him as out of his depth – a peddler of desperate ruses unsuitable for mature government. So the worst of all outcomes for the Labour leader would be a half-hearted manoeuvre in which the political gain of signing up to a referendum is cancelled out by his inability to make it sound like something he really wants to do.

Set against that risk is the folly of fighting a general election campaign in which Cameron can claim to be the only potential prime minister who trusts the people to choose their European destiny. That line may not stir millions of hearts but it might steer some Ukip dabblers back to the Tory fold.

Nigel Farage is keener than anyone for Miliband to sign up to a referendum so that Cameron’s pledge loses its unique sheen. The Ukip leader thrives on the public feeling that the “established” parties are interchangeable and that the only way to make a difference is by voting for none of them. Where Ukip does well, Labour can snatch seats from the Tories, so there is a perverse incentive for Miliband to satisfy Farage, spoiling the potency of Cameron’s referendum by making it a point of banal Westminster concord.

That calculation is part of a general equation governing Labour’s position on referendum: the likelihood of a pledge grows as long as the party’s opinion poll lead stays narrow. Yet changing the policy opens a whole new set of dilemmas for Miliband. He would have to say when he imagines calling the vote and whether, like Cameron, he proposes renegotiating the terms of British membership first. Neither question has an easy answer.

One modest consolation is that Cameron’s renegotiation plans are going nowhere. The Prime Minister has quietly downgraded his ambition from an Anglocentric “repatriation” of powers to a campaign for vaguer pan-EU “reform”. The kind of exceptional status for the UK that hardline Tory sceptics demand isn’t even on the agenda when Cameron meets fellow Continental leaders.

The small troupe of pro-EU Tories support their leader on what appears to be a secret mission to shrink expectations of a new settlement with Brussels. They also hope the prospect of a referendum will provoke business leaders – including Conservative donors – into making the case for staying in the club. (A recent call by the CBI for constructive European engagement is cited as the start of a fightback against the “Brexit” brigade.) The ultimate goal is to shift the party’s centre of gravity back towards pragmatic acceptance of EU membership, leaving the irreconcilables marginalised. “We are smoking out the ones who are definitely voting ‘out’ at all costs,” says one Conservative Europhile.

Many Tories have drunk Cameron’s rhetoric as if it were a Eurosceptic tonic, seemingly unaware that its purpose is to numb their rebellious urges. The anaesthetic draught cannot work forever; the old pangs of betrayal will return. There may be loftier elements in Labour’s European calculations but at their core is a gamble on whether the effects of Cameron’s dodgy potion to unite the Tories wears off before Miliband is forced to serve up a referendum brew of his own.

David Cameron speaks during a press conference at an EU Council meeting on October 25, 2013 in Brussels. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

This article first appeared in the 06 November 2013 issue of the New Statesman, Are cities getting too big?

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David Davis interview: The next Conservative leader will be someone nobody expects

The man David Cameron beat on why we should bet on a surprise candidate and what the PM needs to do after the referendum. 

“I’m tired,” says David Davis when I greet him. The former Conservative leadership candidate is running on three hours’ sleep after a Question Time appearance the night before. He is cheered, however, by the coverage of his exchange with Ed Miliband. “Which country would it be be like?” the former Labour leader asked of a post-EU UK. “The country we’re going to be like is Great Britain,” the pro-Brexit Davis retorted

The 67-year-old Haltemprice and Howden MP is at Hull University to debate constituency neighbour Alan Johnson, the head of the Labour In campaign. “As far as you can tell, it’s near to a dead heat,” Davis said of the referendum. “I think the run of events will favour Brexit but if I had to bet your salary, I wouldn’t bet mine, I’d place it on a very narrow victory for Brexit.”

Most economists differ only on how much harm a Leave vote would do. Does Davis believe withdrawal is justified even if it reduces growth? “Well, I think that’s a hypothetical question based on something that’s not going to happen ... One of the arguments for Brexit is that it will actually improve our longer-run economic position. In the short-run, I think Stuart Rose, the head of Remain, had a point when he said there would be very small challenges. In a few years probably nothing.

“The most immediate thing would likely be wage increases at the bottom end, which is very important. The people in my view who suffer from the immigration issue are those at the bottom of society, the working poor, which is why I bridle when people ‘oh, it’s a racist issue’. It’s not, it’s about people’s lives.”

More than a decade has passed since David Cameron defeated Davis by 68-32 in the 2005 Conservative leadership contest. The referendum has pitted the two men against each other once more. I asked Davis whether he agreed with the prime minister’s former strategist, Steve Hilton, that Cameron would be a Brexiter were he not in No.10.

“I think it might be true, I think it might be. When you are in that position you’re surrounded by lot of people: there’s the political establishment, the Whitehall establishment, the business establishment, most of who, in economic parlance, have a ‘sunk cost’ in the current set-up. If changes they stand to lose things rather than gain things, or that’s how they see it.

“Take big business. Big business typically gets markets on the continent, maybe distribution networks, supply networks. They’re going to think they’re all at risk and they’re not going to see the big opportunities that exist in terms of new markets in Brazil, new markets in China and so on, they’re naturally very small-C Conservative. Whitehall the same but for different reasons. If you’re a fast-track civil servant probably part of your career will be through the Commission or maybe the end of your career. Certainly in the Foreign Office. When I ran the European Union department in the Foreign Office, everybody wanted a job on the continent somewhere. They were all slanted that way. If all your advice comes from people like that, that’s what happens.”

Davis told me that he did not believe a vote to Leave would force Cameron’s resignation. “If it’s Brexit and he is sensible and appoints somebody who is clearly not in his little group but who is well-equipped to run the Brexit negotiations and has basically got a free hand, there’s an argument to say stability at home is an important part of making it work.”

He added: “I think in some senses the narrow Remain is more difficult for him than the narrow Brexit. You may get resentment. It’s hard to make a call about people’s emotional judgements under those circumstances.”

As a former leadership frontrunner, Davis avoids easy predictions about the coming contest. Indeed, he believes the victor will be a candidate few expect. “If it’s in a couple of years that’s quite a long time. The half life of people’s memories in this business ... The truth of the matter is, we almost certainly don’t know who the next Tory leader is. The old story I tell is nobody saw Thatcher coming a year in advance, nobody saw Major coming a year in advance, nobody saw Hague coming a year in advance, nobody saw Cameron coming a year in advance.

“Why should we know two years in advance who it’s going to be? The odds are that it’ll be a Brexiter but it’s not impossible the other way.”

Does Davis, like many of his colleagues, believe that Boris Johnson is having a bad war? “The polls say no, the polls say his standing has gone up. That being said, he’s had few scrapes but then Boris always has scrapes. One of the natures of Boris is that he’s a little bit teflon.”

He added: “One thing about Boris is that he attracts the cameras and he attracts the crowds ... What he says when the crowd gets there almost doesn’t matter.”

Of Johnson’s comparison of the EU to Hitler, he said: “Well, if you read it it’s not quite as stern as the headline. It’s always a hazardous thing to do in politics. I think the point he was trying to make is that there’s a long-running set of serial attempts to try and unify Europe not always by what you might term civilised methods. It would be perfectly possible for a German audience to turn that argument on its head and say isn’t it better whether we do it this way.”

Davis rejected the view that George Osborne’s leadership hopes were over (“it’s never all over”) but added: “Under modern turbulent conditions, with pressure for austerity and so on, the simple truth is being a chancellor is quite a chancy business ... The kindest thing for Dave to do to George would be to move him on and give him a bit of time away from the dangerous front.”

He suggested that it was wrong to assume the leadership contest would be viewed through the prism of the EU. “In two years’ time this may all be wholly irrelevant - and probably will be. We’ll be on to some other big subject. It’’ll be terrorism or foreign wars or a world financial crash, which I think is on the cards.”

One of those spoken of as a dark horse candidate is Dominic Raab, the pro-Brexit justice minister and Davis’s former chief of staff. “You know what, if I want to kill somebody’s chances the thing I would do is talk them up right now, so forgive me if I pass on that question,” Davis diplomatically replied. “The reason people come out at the last minute in these battles is that if you come out early you acquire enemies and rivals. Talking someone up today is not a friendly thing to do.” But Davis went on to note: “They’re a few out there: you’ve got Priti [Patel], you’ve got Andrea [Leadsom]”.

Since resigning as shadow home secretary in 2008 in order to fight a by-election over the issue of 42-day detention, Davis has earned renown as one of parliament’s most redoubtable defenders of civil liberties. He was also, as he proudly reminded me, one of just two Tory MPs to originally vote against tax credit cuts (a record of rebellion that also includes tuition fees, capital gains tax, child benefit cuts, House of Lords reform, boundary changes and Syria).

Davis warned that that any attempt to withdraw the UK from the European Convention on Human Rights would be defeated by himself and “a dozen” other Conservatives (a group known as the “Runnymede Tories” after the meadow where Magna Carta was sealed).

“They’ve promised to consult on it [a British Bill of Rights], rather than bring it back. The reason they did that is because it’s incredibly difficult. They’ve got a conundrum: if they make it non-compliant with the ECHR, it won’t last and some of us will vote against it.

“If they make it compliant with the ECHR it is in essence a rebranding exercise, it’s not really a change. I’d go along with that ... But the idea of a significant change is very difficult to pull off. Dominic Raab, who is working on this, is a very clever man. I would say that, wouldn’t I? But I think even his brain will be tested by finding the eye of the needle to go through.”

Davis is hopeful of winning a case before the European Court of Justice challenging the legality of the bulk retention of communications data. “It’s a court case, court cases have a random element to them. But I think we’ve got a very strong case. It was quite funny theatre when the ECJ met in Luxembourg, an individual vs. 15 governments, very symbolic. But I didn’t think any of the governments made good arguments. I’m lucky I had a very good QC. Our argument was pretty simple: if you have bulk data collected universally you’ve absolutely got to have an incredibly independent and tough authority confirming this. I would be surprised if the ECJ doesn’t find in my favour and that will have big implications for the IP [Investigatory Powers] bill.”

Davis launched the legal challenge in collaboration with Labour’s deputy leader Tom Watson. He has also campaigned alongside Jeremy Corbyn, last year travelling to Washington D.C. with him to campaign successfully for the release of Shaker Aamer, the final Briton to be held in Guantanamo Bay.

“I like Jeremy,” Davis told me, “but the long and the short of it is that not having been on the frontbench at all shows. I’m not even sure that Jeremy wanted to win the thing. He’s never been at the Despatch Box. He’s up against a PM who’s pretty good at it and who’s been there for quite a long time. He’s playing out of his division at the moment. Now, he may get better. But he’s also got an incredibly schismatic party behind him, nearly all of his own MPs didn’t vote for him. We had a situation a bit like that with Iain Duncan Smith. Because we’re a party given to regicide he didn’t survive it. Because the Labour Party’s not so given to regicide and because he’d be re-elected under the system he can survive it.”

At the close of our conversation, I returned to the subject of the EU, asking Davis what Cameron needed to do to pacify his opponents in the event of a narrow Remain vote.

“He probably needs to open the government up a bit, bring in more people. He can’t take a vengeful attitude, it’s got to be a heal and mend process and that may involve bringing in some of the Brexiters into the system and perhaps recognising that, if it’s a very narrow outcome, half of the population are worried about our status. If I was his policy adviser I’d say it’s time to go back and have another go at reform.”

Davis believes that the UK should demand a “permanent opt-out” from EU laws “both because occasionally we’ll use it but also because it will make the [European] Commission more sensitive to the interests of individual member states. That’s the fundamental constitutional issue that I would go for.”

He ended with some rare praise for the man who denied him the crown.

“The thing about David Cameron, one of the great virtues of his premiership, is that he faces up to problems and deals with them. Sometimes he gets teased for doing too many U-turns - but that does at least indicate that he’s listening.”

George Eaton is political editor of the New Statesman.