The Lib Dems deserve a long spell out of harm's way. Photo: Getty
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Lib Dems are guilty of aiding and abetting the Tories; they deserve a long sentence

We can't forget how many policies the Lib Dems have happily supported that are against the grain of everything we thought they believed in.

What I heard from the recent Liberal Democrat conference has left me not just disappointed, but angry. I can see why, given their poor ratings in the polls, they are keen to trumpet what they see as the "successes" of the coalition as their doing. They plead "not guilty" to aiding and abetting the Tories. And they are desperate to dump the blame solely on the Tories for the policies with which they don't want to be associated.

But we can't forget how many of this government's policies the Lib Dems have happily supported that are so absolutely against the grain of everything I thought their party believed in. On many occasions, things could have been so different - on many of these policies we could and should have worked together, and we'd have blocked their passage or ameliorated the worst excesses.

Let's take my own area of justice. Lib Dem votes have delivered cuts to legal aid, curtailment of judicial review, extension of secret courts, probation privatisation and the introduction of employment tribunal fees - a pretty illiberal list by any stretch of the imagination. On each of these, it was left to Labour to expose the true impact of these policies, and bring forward amendments and proposals which would have tempered the worst excesses.

The problem the Liberal Democrats have got themselves into is what I'd call the "having your cake and eating it" approach to government. They've tried to make out they are both in government and not in government at the same time. The worst thing about this approach is the disrespect it shows to the public.

This is what makes me angry. Under Nick Clegg's leadership the Lib Dems treat the voters as if they are mugs. Week after week in the House of Commons I've seen one or two Lib Dem MPs speak against illiberal policies and troop through the "no" lobby with us while the other 50 odd Lib Dem MPs slavishly support the government. This is faux opposition from a party that's actually in government and it's just not good enough. At a time when the public's confidence in our elected representatives could not be lower, rather than take steps to fix this, the Lib Dems are entrenching this disillusionment further.

Unlike the Liberal Democrats, I've been very clear on a number of the policies Labour opposes. Take their reckless probation privatisation as an example, and the handing over of £6billion of taxpayers' money to the usual suspects like Capita, A4E and Sodexo. We oppose the gamble this government is taking with public safety.

What's more, this fits a pattern of more and more of our money being handed over to private companies, who are rarely held accountable for their actions as they are beyond the scope of freedom of information. Labour wouldn't do things this way - if we are in government next May we will extend the legislation so that private companies running public services are subject to the same disinfecting transparency as the public sector. I'd rather not waste words on Chris Grayling's ridiculous ban on sending books to prisoners, delivered with Lib Dem support - except to say we'd reverse it.

And Labour has also shown a distinct way forward with its strong commitment to the Human Rights Act and our membership of the European Convention on Human Rights. I've made clear our determination to drive down re-offending through reforming prisons. Work I commissioned will report shortly on ways we can diversify our judiciary, and on the country's first ever victims' law. As a possible future Justice Secretary, I give my assurances I will show much greater respect to the rule of law than the current incumbent.

We've always known the Tories were the nasty party. But I hope the public don't believe the Lib Dem rhetoric of having to make hard choices to allow our country to recover. How about asking the families attending my weekly advice surgery who have the bailiffs knocking at the door as a result of the cruel bedroom tax about hard choices? I'd love to hear Nick Clegg and Simon Hughes answer the question of where I should direct the constituents that come to see me needing legal advice but without funds to pay a lawyer, those who've been victims of sexual harassment to those whose benefit entitlement has been miscalculated as a result of ATOS. Under the last Labour government there were five Law Centres and Citizens Advice Bureaux locally I could send them to. Under this government there are none.

So no - I won't be happy with the situation I'll inherit in 2015 on access to justice, left the privilege of the rich by Lib Dem actions. But I'll turn the justice system upside down to deliver up the resources we need to repair the Lib Dems damage. The Lib Dems are guilty as charged of aiding and abetting the Tories. And they deserve a long spell out of harm's way as a punishment. It will be left to Labour will be left to pick up the pieces.

Sadiq Khan is Labour MP for Tooting and shadow justice secretary

Sadiq Khan is MP for Tooting, shadow justice secretary and shadow minister for London.
Getty.
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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.