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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“It feels like a betrayal”: EU citizens react to Jeremy Corbyn’s migration stance

How do Labour-supporting European migrants in the UK feel about their leader wanting to control EU migration?

“This feels a bit different from the man I had campaigned for,” says Eva Blum-Dumontet. “It felt like he was on the side of the group that matters, regardless of whether they were actually going to make him gain voters or not. He was on the side of what seemed right.”

Blum-Dumontet is a 26-year-old EU citizen who has been in the UK for five years. She works as a researcher for a charity and lives in north-east London’s Walthamstow, where she is the local Labour party’s women’s officer.

She joined Labour just before the 2015 general election, and campaigned for Jeremy Corbyn during his leadership bid that year. She spent one and a half months that summer involved in his campaign, either phone banking at its headquarters at the Unite union building, or at campaign events, every other evening.

“When he suddenly rose out of nowhere, that was a really inspiring moment,” she recalls. “They were really keen on involving people who had recently arrived, which was good.”

“Aside from the EU, I share all of his views”

Blum-Dumontet voted for Corbyn in both of Labour’s leadership elections, and she joined Momentum as soon as it was set up following Corbyn winning the first one in 2015. But she left the group two months ago.

She is one of the roughly three million EU citizens living in the UK today whose fate is precarious following the EU referendum result. And she doesn’t feel Corbyn is sticking up for her interests.

Over the weekend, the Labour leader gave an interview that has upset some Labour-supporting EU migrants like her.

Corbyn reiterated his opposition to staying in the single market – a longstanding left-wing stance against free market dominance. He added that his immigration policy “would be a managed thing on the basis of the work required” rather than free movement, and, in condemning agencies exploiting migrant workers, he said:

“What there wouldn’t be is wholesale importation of underpaid workers from central Europe in order to destroy conditions, particularly in the construction industry. You prevent agencies recruiting wholescale workforces like that; you advertise for jobs in the locality first.”

Corbyn also emphasised that Labour would guarantee the rights of EU nationals to stay in Britain – including the right of family reunion – and that there would still be Europeans working here and vice versa. But, for some in his party who hail from Europe, the damage was done.

“I feel like he’s now trying to signal more and more that he’s not on all sides, he’s on the side of people who are just scared of migrants,” says Blum-Dumantet, who will nevertheless stay in the party to try and change the policy. “The idea that he is willing to engage in this whole dog-whistling immigration fear feeling is a bit disturbing.”

She stresses that, “aside from the EU, I share all of his views”, but adds:

“I feel like he’s chosen his socialist utopia – and I don’t mean that as a bad thing; I’m a socialist as well – over the reality of the concrete lives of three million people. For us, this is not about some abstract ideal, it’s about our lives, whether we can get jobs here, whether we can stay here. And for the sake of his ideal, he’s sacrificing that. That does feel like a betrayal.”

***

Other EU migrants who initially supported Corbyn also feel let down. Sabrina Huck, the London representative of Labour’s youth wing Young Labour, moved here from Germany in February 2014.

Having joined the party that year, she voted for Corbyn in the first leadership election, “particularly because of things like being an internationalist, talking about migrant solidarity”.

Huck, 26, who lives in south London and works in public affairs, began to change her mind about him she discovered his Eurosceptic views. “It’s kind of my fault because I didn’t really do the research properly on him, I guess!” she laughs.

“I understand the argument that we have put downward wage pressure on some jobs”

Now, she feels “disappointed” in Corbyn’s comments about “wholesale importation” of workers. “The way he articulates himself – it doesn’t sound like what I wanted to hear from a Labour leader, particularly somebody who’s been a proud internationalist, proud migrant rights campaigner,” she tells me.

“I think the way he was making his point about wages was laying the blame way too much with workers and not with the bosses, basically.”

Huck notes that Corbyn is against the single market because of his socialist view of the EU as a “capitalist club”, rather than concern about borders. But she feels he’s using “the immigration argument” to sound mainstream:

“I feel like he’s using it as an opportunity to further his own ideological goal of leaving the single market by tying that to an argument that goes down well with the Leave-voting public.”

***

However, other Labour-leaning EU migrants I speak to do not feel Corbyn’s genuine motive is to bring immigration down – and are more understanding of his comments.

“I appreciate and understand the argument that we have put downward wage pressure on some – particularly blue collar or poorer paid – jobs, that is the nature of mass migration,” says a 29-year-old Czech who works for the government (so wishes not to be named), and has lived here since 2014. She believes his comments were made to “appeal to the hard left and Ukip types”, and has left the Labour party. But she adds:

“I can understand how communities suffering through a decade of stagnant wage growth and austerity are looking for a scapegoat, easily found in the form of migrants – particularly in a country where minimum wage and labour protections are so weak legislatively, and so poorly enforced.”

She also is sceptical that a “mass deportation” of EU migrants from Britain is likely to happen. “The optics are too bad, at a minimum,” she says. “It would look too much like the 1930s. What would the government do? Put us all on boats back to Europe?”

“I kind of shrugged off those comments and they didn’t bother me massively”

“I think they [Labour] are feeling their way around the issue [of Brexit] and are listening for public sentiment,” says Agnes Pinteaux, a Hungarian-born 48-year-old who moved to Britain in 1998. “But reconciling their hardcore Brexit support, those who just hate immigrants, those who want ‘sovereignty’, and those who want Brexit ditched altogether is going to be impossible.”

“I think the debate about the ethics of free movement of labour is a legitimate one, but it has to be rooted in human rights and dignity,” says Anna Chowrow, a 29-year-old third sector financial manager who moved from Poland to Scotland in 2007, adding:

“I was thrilled when Jeremy Corbyn was first elected Labour leader, and I have admiration for his principled approach. [But] I am in disbelief that these comments – akin to ‘British jobs for British workers’ – were made by him. The dehumanising language of ‘importation’ and ‘destruction’ is beyond disappointing.”

***

Finding EU citizens in Britain who are entirely sympathetic to Corbyn’s comments is difficult. Forthcoming defenders of his stance are hard to come by, suggesting that it’s a minority view among Europeans living in Britain. But there are some who continue to back him.

“I like Jeremy Corbyn’s authenticity. He comes across as genuine and honest, and I agree with most of his ideas. Contrary to the majority of politicians, he’s actually not afraid of coming across as a human being,” says Teresa Ellhotka, 24, who moved to the UK from Austria in 2016 and works in PR.

“His ideas and visions are, in my opinion, still very progressive”

“I kind of shrugged off those comments and they didn’t bother me massively,” she says of Corbyn’s stance on EU migrants. “My mind about Jeremy Corbyn hasn’t changed drastically as his ideas and visions are, in my opinion, still very progressive and I admire that he is dedicated to change but in a human way, and doesn’t suggest fighting fire with fire – as many other politicians, and people, seem to do.”

Ellhotka admits to being “a little surprised, as I did not expect this stance from him at all”, but feels there has been “so much back-and-forth” on the issue that she’s stopped worrying about what politicians say.

“Nobody seems to know what exactly is going to happen anyway.” The only thing, perhaps, that all politicians – and their voters – can agree on.

Anoosh Chakelian is senior writer at the New Statesman.