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Labour is on the wrong side of the argument as far as English votes for English laws are concerned

For the sake of a few foxes, Labour has fallen into a Tory trap, warns Michael Kenny.

The growing debate over English Votes for English Laws (Evel as it has come to be known) has so far focused on the difficulties facing the government as it seeks to design and implement a complicated, and potentially incendiary, set of changes to the procedures of the Commons. Faced by a united front from the opposition parties at Westminster, as well as disquiet from within its own ranks, Chris Grayling has been forced to delay the vote to change Standing Orders until after the summer recess.

The decision, yesterday, to delay another vote – this time on relaxing the law on foxhunting in England and Wales will be seen by many as a further indication of the weakness of the government’s legislative position.

But this impression is in some ways misleading. There are good reasons to believe that this turn of events could strengthen the government’s hand on Evel, and lead its political opponents into difficult, unpredictable waters. The SNP’s announcement that it intended to vote on the hunting legislation that very clearly affects only England and Wales represents a major U-turn. The party has for a long time adopted the practice of not voting in the Commons on legislation that does not affect Scotland. Scottish opinion has tended to support this stance, with around half consistently supporting the principle in opinion polls over recent years.

The party’s main criticism of the government’s Evel proposals has been to insist that

many matters that appear to relate only to England in fact have pretty important consequences for Scotland, especially when it comes to legislation that has consequences for funding through the Barnett formula. But no such argument can be made when it comes to the hunting legislation that the government wants to advance – which affects England and Wales only.

In 2000, when hunting was debated in the Commons, SNP leader Alex Salmond indicated that he would be advising MPs for Scottish constituencies to miss the vote: ‘I don't think it is fair, if the Scottish Parliament is going to make a decision on hunting, for them to start interfering and poking their noses into what is an English domestic affair’. The suggestion that the SNP now wants to punish the Conservative government over the Scotland Bill risks painting it as a party that puts tactical expediency above principle – exactly the criticism it has offered of Westminster politics.

For Labour, meanwhile, what may look like a relatively harmless episode reflects a telling insensitivity to the question of how English voters might feel about this issue. While most people do not support the government’s relaxation of the rules relating to hunting foxes, there is another, territorial dimension to this controversy which Labour has missed.

Its approach to the foxhunting vote reflects a tactical desire to embarrass the government, and a profound indifference to the democratic, as well as national, questions associated with English devolution. By publicly urging the SNP to vote on this legislation, Labour’s PLP returned to the pretence that there is no English question to be considered in British politics, and chose to ignore the well documented sense of unease about the terms of union which many English people feel

None of this is to suggest that Evel is the right or only answer to the English Question. The Conservatives may well come to regret that its reforms are now so closely entwined with an issue – foxhunting – where a clearly majority of opinion in England and Wales is against it. And yet, in the longer term, this rather curious episode may well stiffen the Tories’ resolve to implement Evel, and will certainly weaken the position of a number of potential rebels, worried about the possibility that these changes will heighten territorial tensions within the union. Now that the SNP and Labour have shown themselves so indifferent to the principle that legislation affecting England alone (or in this case England and Wales) should only pass with the consent of political representatives from these territories, a moderate version of Evel appears less likely.

The real winners from this controversy are those – mostly on the right of the Conservative party –  who want to see a much more robust form of Evel, perhaps enshrined in primary legislation. Ironically, had the government’s model been applied to the hunting issue, the legislation would probably not have passed, as it would have required a UK-wide majority, as well as the consent of English MPs. In the wake of this week’s controversy, radical voices will now be more empowered to demand that a much more robust, and potentially divisive, form of Evel be contemplated. Demands to restrict the voting rights of non-English MPs, or to force a clearer separation of English business – and, even more controversially, English taxes – are likely to be much more prominent in debates on this issue.

But, aside from the rights and wrongs of Evel, in political terms the Labour party has once more gifted the Conservatives the opportunity to present themselves as the party that speaks up for the interests of England, while its opponents refuse to acknowledge its democratic rights. And for that, Labour will continue to play a high political price.

 

Michael Kenny is Professor of Politics at Queen Mary University of London. He is a Visiting Fellow of the Centre on Constitutional Change, and is leading a research project on ‘English Votes for English Laws’.

Michael Kenny is Professor of Politics at Queen Mary,  University of London, and an associate fellow at IPPR

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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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