CCTV cameras have often been at the forefront of Labour’s civil liberties problems. Photo: Getty
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The civil liberties audit: how does Labour do?

From 90-day detention to the DNA database, Labour has a mixed record on civil liberties. Big Brother Watch digs into the details.

As Big Brother Watch approaches its fifth anniversary, and as we look forward to the looming general election, we are taking stock of the state of civil liberties in the UK. In our 2015 manifesto, we have conducted an audit of the successes and failures of both the coalition government and Labour in opposition and, quite frankly, the diagnosis isn’t good, particularly on where Labour stands or perhaps more specifically, what a voter can expect from a potential Labour government.

If our manifesto were a school report, our conclusion on Labour’s stance on civil liberties could be summed up with “some improvement but needs to apply itself more consistently”.

No one can disagree with the fact that Labour has had a turbulent relationship on civil liberties. While they now claim that they are “proud of their record”, they will forever be the party that attempted to introduce compulsory ID cards, 90 day detention without trial and the creation of the largest DNA database in the world. That is their legacy and they have done little to overcome it. With mixed messages and a failure to position properly around the debate as a whole, Labour has certainly missed opportunities to show the electorate where its principles lie regarding the public’s fundamental freedoms and liberties.

Let’s look at what was happening pre-2010. It will come as no surprise to many that it was the late Tony Benn who raised concerns about Labour in this area. Speaking at the Big Brother Watch launch in 2009 he stated that the government had an obligation to “serve the people, not rule over them”. That these issues were too important and too fundamental to be left to party politics, that “it is not a matter of left or right, Tory or Labour”.

It wasn’t just old stalwarts who went out on a limb to convey to the public that lessons had to be learnt from the past. Chuka Umunna, then a parliamentary candidate, was the only Labour representative to take to the main stage at the 2009 Convention of Modern Liberty. Despite the fact that it was inevitable he would face audible hostility from the audience, he stood his ground. He accepted that there was a need to reform the discussion, particularly in areas of the media where civil liberties were being portrayed “as protecting the rights of people suspected of blowing up buses”. Instead, he argued that what was required was a more positive re-framing of the argument and that it needed to be people like him will making it an election issue. For a brief moment it made advocates think ‘is this the repositioning of the Labour Party?’.

Yet it wasn’t to be. Almost as soon as there was a glimmer of hope it disappeared as quickly as it came. The authoritarian line was too easy to fall back on.

This was evident in Labour’s 2010 general election manifesto, which only mentioned civil liberties twice. In both cases, it was to cite examples of where Labour could be proud of their track record: the removal children’s DNA profiles from the database and the tightening of surveillance rules. The hard line remained with pledges to install more CCTV cameras, an offer of a “new biometric ID scheme”, and promises to maintain the DNA database regime.

The 2010 Labour party conference failed to provide any change on where the party should stand on these issues and attempts to re-evaluate Labour’s position were unclear if not hypocritical. In his first speech as leader Ed Miliband argued that he would not let the coalition government “take ownership of the British tradition of liberty”. He accepted the broad use of anti-terrorism powers had been wrong and yet stood by the previous Labour government’s stance on CCTV and DNA. Indeed, the then shadow justice secretary Jack Straw’s comments that the coalition’s policies meant that only criminals would benefit from “this madness”, reaffirmed that for some that Labour’s old position was, and always would be, the correct one.

Since then, there has always been an undercurrent of confusion as to how far to push a new agenda when it comes to civil liberties, coupled with the fear of contradicting the policies of Straw and his government contemporaries.

For instance, when speaking to the BBC, Ed Balls (as shadow home secretary) claimed that more CCTV cameras were needed, if only to just make people feel safer. Yet when pushed, like Miliband he too conceded that 90-day detention was a “step too far” and that the Labour government had “got the balance wrong”.

The same can be said for Yvette Cooper’s time as shadow home secretary. She too has argued against the coalition’s policy to restrict DNA use, but welcomed restrictions being placed on the use of surveillance powers by local authorities. Or reacting to the Snowden revelations by calling for a radical shakeup of the oversight and legal frameworks governing the spooks, yet enthusiastically backing the Data Retention and Investigatory Powers Act (DRIP) and the Counter Terrorism and Security Bill.

It would be remiss of me to mention DRIP without mentioning the role played by Tom Watson in getting it into the public domain early to allow for as much public scrutiny as was possible. It was certainly unfortunate that the line became one of process, rather than of principled issues and surveillance.

Similarly, Cooper’s intervention in the Draft Communications Data Bill, aka the Snoopers’ Charter, debate was minimal. While ruling out helping the Conservatives pass the Bill without the support of their coalition partners, this wasn’t due to concerns regarding civil liberties, but concerns regarding funding and expense.

It is the efforts by a small but vocal minority in the party with led us to the conclusion of “some improvement” mentioned at the beginning of this article. While it is indeed true that the days of proposing sweeping powers to detain people without swift and due legal process may be over, there has been a failure to provide us with a legitimate alternative to what the coalition has offered. However, this isn’t quite enough to suggest that the 2015 manifesto won’t present more of the same.

At this point, Labour has a serious opportunity to reassess and take ownership of the debate, providing a balancing act that was once largely the domain of the Liberal Democrats. Yet this will be impossible until Ed Miliband decides what his Labour Party actually stands for. Let’s hope that it is more towards Tony Benn’s “serve the people, not rule over them” mantra, rather than what we have seen in the past.

Emma Carr is the director of Big Brother Watch

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The politics of the kiss

From the classical period via the Kremlin to the Clintons: a brief history of political smooching.

Iowa and New Hampshire are behind us. Super Tuesday beckons. For fans of the competitive sport of baby-kissing, this is as good as it gets.

Meanwhile, closer to Britain, kissing’s in our very constitution. Jeremy Corbyn’s future, depending on his success, could involve taking a trip to the Palace to kiss hands as Prime Minister – and as a republican. Being sworn into the Privy Council in November, he even managed a peck on the royal paw, but reportedly stood fast and did not kneel.

Why is there so much snogging in politics? 

Ancient Romans and Persians established – dare we – a pecking order on meeting. This ritual would make it instantly clear if they were equals (full-on, mouthy kiss, the basium), separated by a slight gap (cheeky peck, an osculum), or vast unequals (foot-kissing accompanied by much grovelling). Even heads of state greeted people in this way.

And there was nothing more dramatic – and bizarre – than the socialist fraternal kiss. Kremlinologists would even measure its intensity, to see how close Communist leaders were. The rule was to do three alternate kisses on the cheek, aping the Ancien Régime’s Orthodox Easter greeting. When two leaders were especially chummy – like then Soviet leader Leonid Brezhnev and GDR head Erich Honecker at the 30th anniversary of the GDR in East Berlin in 1979 – the world would witness a big, sloppy lip-plant. Paris Match splashed Régis Bossu’s iconic black-and-white image of the socialist snog across a double-page spread. Le Baiser, they called it.

Nikita Khrushchev, Joseph Stalin’s successor, locked lips with USSR chairman Klim Voroshilov when returning from a US visit in 1959. In July 1937, Stalin planted a decidedly non-frigid one on Ivan Spirin, a polar explorer and state hero.

But Brezhnev was the true practitioner. The joke in Russia went that he described a Warsaw Pact comrade “as a politician, rubbish...but a good kisser!”

Aside from the steamy Kremlin, social kissing on the mouth declined with the Black Death.

The courtly handkuss (kiss on the hand) generally went the same way with the fall of the German and Russian monarchies in 1917-18, though hung on longer in Austria. 

But French president Jacques Chirac made it his trademark, playing to the gallery with French élégance. An Associated Press story from 1967 chronicles the sad plight of European diplomats who had chanced it in Washington. One congressional wife jumped back, claiming she had been bitten; another said a stone was missing from her ring. “Chivalry has its drawbacks,” the story observed.

But back to the babies. We see kissing-as-canvassing in William Hogarth’s 1755 series The Humours of an Election

And in a close-fought 1784 Westminster by-election, we read of 24 women out canvassing with kisses – including the Duchesses of Rutland, Argyll, Ancaster, and (somewhat infamously) Devonshire. 

Kissing voters’ wives – now probably frowned upon by CCHQ – was customary fare for the 18th-century candidate. It’s only in the following century that we see the desexualisation of the electioneering kiss, moving to babies as innocuous. 

In 1836, Charles Dickens has his character Pickwick go to witness a post-Reform Act by-election in Eatanswill. “He has patted the babies on the head,” says the candidate’s election agent, trembling with anxiety. Roar of applause. “He has kissed one of ‘em!” Second roar. “He's kissing ‘em all!” The crowd’s shouts are deafening. And the candidate Slumkey coasts home to Parliament.

US presidents Richard Nixon, Grover Cleveland and Benjamin Harrison forswore baby kissing, grasping for a higher-minded political plane. Bernie Sanders, too. 

But how are the rest of today's politicians doing, kiss-wise?

Barack Obama: After two terms, a kisser to be reckoned with. With adults. Apparently he doesn’t relish kissing babies, and has been called fatally ill-at-ease holding one. Full points for his lucky save with a reticent Aung San Suu Kyi in 2014, ending with a perfectly creditable side-hug and ear-kiss.

Pity Michelle, photographed rolling her eyes as Barack went in for the selfie with, say, Danish Prime Minister Helle Thorning-Schmidt in 2013. (For her part, Michelle fobbed off Silvio Berlusconi with a fully outstretched arm, taking no chances.)

David Cameron: Utterly denied by SamCam after his Tory conference speech in October 2015. Lord Grantham says in Downton he spent most of Eton avoiding the kisses of other boys; clearly, the Prime Minister didn’t get much practice while at school.

Angela Merkel: In her first meeting with Nicolas Sarkozy, out she came with a businesslike German handshake just as he ducked for the Gallic kiss. In a moment of British romantic awkwardness last May, during Cameron’s EU reform tour, we saw the Prime Minister lean in, short of closing the deal, as she pulled back and possibly searched for some new regulations to beat him away with.

Hillary Clinton: Is said to enjoy kissing babies. Is said not to enjoy kissing Bill, as in the 2008 Correspondents’ Dinner when she expertly ducked one from him.  And scored one from Obama instead. But maybe she ought to lay off the baby-kissing: a journal article in Political Psychology suggests voters are 15 per cent less likely to vote for women candidates when their adverts evoke female gender stereotypes.

Donald Trump: In August, his baby-kiss in Alabama went viral – the baby’s mother just a bit too keen, the baby’s confusion mingled with slight fear reflecting the views of many of us. “That baby is us,” wrote blogger Stassa Edwards.

It’s a long road from here to the US election in November. And Cameron can look forward to kissing up to Merkel and a hot summer of Italian, Dutch, and even French kisses too.

So this Valentine’s Day, spare a thought for the babies. And the bureaucrats.