Where are the Milibandites when Ed needs them?

The Labour leader has to look like the head of a movement when he takes on Unite, not a lone crusader.

Political leaders are never short of unhelpful advice in a crisis. Wherever Ed Miliband turns he is told that he must be bold, that his actions must be decisive, that this deadly row with Unite and Len McCluskey could also be an opportunity, containing the seeds of renewed leadership and status.

I wrote something to that effect at the end of last week. Shortly afterwards, the messages started to come in from people who want Ed to succeed – aides and loyal MPs – saying, in effect, “yes, fine, but what?” Good question. Difficult question. A moment to reflect on how hard it is being leader of the Labour party.

Miliband’s team know they need to take charge of the situation. They know this is becoming a defining moment in the Labour’s leader’s bid to become Britain’s next Prime Minister. They know the outcome they need is Miliband emerging stronger, more clearly defined in the public imagination as a man not to be underestimated – a man whose hidden steel is revealed. What isn’t clear is how they get to there from where they are now.

The first thing they need to settle is the parameters of the battlefield. Is Ed Miliband’s leadership going to be proven in his capacity to deal with the small matter of alleged vote-rigging in Falkirk or the larger question of Unite’s explicit political strategy to influence Labour by exerting its financial and organisational muscle in candidate selections? Len McCluskey denies there was anything wrong with the Falkirk process. That is true, I suppose, once you accept that the job of getting as many Unite-dependent MPs in parliament overrides any other consideration of best practice. According to a solid Leninist ends-justifies-the-means view of the situation, Falkirk is, as some Unite officials declared it, “exemplary”. However, in terms of expressing the kind of political organisation Labour wants to be and be seen to be, Falkirk is a monumental disaster. As one party insider put it to me the other day, “the choice now is between open and closed. It’s two different kinds of politics.”

So Miliband needs to be clear about whether he is trying to close an institutional loophole or change an institutional culture. His article in this morning’s Observer suggests it is the latter, which is entirely the right choice. He makes the connection between Falkirk and general public alienation from politics. He makes the point that the main challenge for the wider labour movement is making itself relevant to successive generations of workers who may not be members of trade unions. So far so good.

Miliband also says Labour should “mend, not end” its link with the unions. That too is a sensible position to take. It is the only realistic option. The Labour leader is walking along a narrow ridge. On one side is the danger of capitulation to the McCluskey agenda, accepting that union money has a veto over party reform. But on the other side is the danger of embracing a definition of leadership cooked up by Labour’s enemies in the Conservative party and the Conservative press. They will set tests of aggression towards the unions that he will never pass, while vandalising his support base in the attempt. How well he navigates this challenge will be decided by the definition he chooses for the word “mend.” You can mend some things by covering them in gaffa tape. Or you can take them apart and put them back together again. I sense in this situation a major institutional revision is in order. Ironically, one test of its effectiveness may turn out to be creating a system that, had it been in place in 2010, would have led to a different outcome in the Labour leadership contest. Miliband may not like that feature of the debate, but he would be unwise to ignore it completely.

The Labour leader thought Len McCluskey and Tom Watson were on his side. It is clear they were not. Miliband’s real friends are the people who now come out clearly and visibly to say without equivocation that the culture inside the party must change and that they believe Ed is the man with the requisite moral judgement and political capability to do it. At the moment, there are not too many of those people around. When David Cameron gets into trouble he can normally rely on some cabinet heavy-hitters and retired big beasts to intervene on his side. (When John Major is on the Today programme it is normally a sign that Downing Street is feeling besieged.)

Who are the equivalent people closing ranks around Ed Miliband? He has lost the protection of the old Brown machine and the old Blair brigade is watching from the wings mouthing, “we told you so”. The Labour leader has supporters in the party. There is no shortage of MPs who wish him well and want him to succeed. They all do, to the extent that they want a Labour government and Miliband is the only leader they’ve got. The vital missing component from the project has always been the sense of a movement larger than Ed himself – the aggregate charisma of a bunch of people who are easily and clearly defined by shared purpose and shared belief. Three years after the election it is still hard to identify a prominent and powerful phalanx of ardent “Milibandites”. If they are out there, they now need to make themselves heard. Their leader needs them.

Ed Miliband. Photo: Getty

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

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Staying in the EU would make it easier to tackle concerns about immigration, not less

Brexit is not only unlikely to deliver the control people want, it may actually undermine people’s faith in the system even further.

As Theresa May prepares to set out her latest plan for Brexit in Florence on Friday, those on all sides of the debate will wait to see if there are answers to fundamental questions about Britain’s future outside of the EU. Principle among those is how the UK immigration system will work. How can we respond to Leave voters’ concerns, while at the same time ensuring our economy isn’t badly damaged?

We must challenge the basic premise of the Vote Leave campaign: that dealing with public’s concern about immigration means we have to leave the EU and Single Market.

In fact the opposite is true. Our study into the options available to the UK shows that we are more likely to be able to restore faith in the system by staying within Europe and reforming free movement, than by leaving.

First, there are ways to exercise greater control over EU migration without needing to change the rules. It is not true that the current system of free movement is "unconditional", as recently claimed in a leaked Home Office paper. In fact, there is already considerable scope under existing EU rules to limit free movement.

EU rules state that in order to be given a right to reside, EU migrants must be able to demonstrate proof that they are either working, actively seeking work, or self-sufficient, otherwise they can be proactively removed after three months.

But unlike other continental systems, the UK has chosen not to operate a worker registration system for EU nationals and thus has no way of tracking where they are or what they’re doing. This could be changed tomorrow, if the government were so minded.

Other reforms being discussed at the highest levels within Europe would help deal with the sense that those coming to the UK drive down wages and conditions. The UK could make common cause with President Macron in France, who is pushing for reform of the so-called "Posted Workers Directive", so that companies seeking to bring in workers from abroad have to pay those workers at the same rate as local staff. It could also follow the advice of the TUC and implement domestic reforms of our labour market to prevent exploitation and undercutting.

Instead, the UK government has chosen to oppose reform of the Posted Workers Directive and made it clear that it has no interest in labour market reform.

Second, achieving more substantive change to free movement rules is not as implausible as often portrayed. Specifically, allowing member states to enact safeguards to slow the pace of change in local communities is not unrealistic. While the principle of free movement is a cornerstone of the European project, how it is applied in practice has evolved. And given that other countries, such as France, have expressed concern and called for reform, it is likely to evolve further.

The reforms to free movement negotiated by David Cameron in 2016 illustrate that the EU Commission can be realistic. Cameron’s agreement (which focused primarily on benefits) also provides an important legal and political precedent, with the Commission having agreed to introduce "safeguards" to respond to "situations of inflow of workers from other Member States of an exceptional magnitude over an extended period of time".

Similar precedents can be found within a number of other EU agreements, including the Acts of Accession of new Member States, the European Economic Area (EEA) Agreement and the Treaty on the Functioning of the European Union (TFEU). The UK should seek a strengthened version of Cameron’s "emergency brake", which could be activated in the event of "exceptional inflows" from within the EU. We are not the first to argue this.

Of course some will say that it is unrealistic to expect the UK to be able to get more than Cameron achieved in 2016. But put yourself if in the shoes of the EU. If you believe in a project and want it to succeed, moral imperative is balanced with realism and it hardly needs pointing out that the political context has radically shifted since Cameron’s negotiation.

In contrast, a "hard Brexit" will not deliver the "control of our borders" that Brexiteers have promised. As our report makes clear, the hospitality, food, manufacturing and social care sectors heavily depend on EU workers. Given current employment rates, this means huge labour shortages.

These shortages cannot be wished away with vague assertions about "rejoining the world" by the ultra free-market Brexiteers. This is about looking after our elderly and putting food on our tables. If the UK leaves in April 2019, it is likely that the government will continue to want most categories of EU migration to continue. And whatever controls are introduced post-Brexit are unlikely to be enforced at the border (doing so would cause havoc, given our continued commitment to visa-free travel).  Instead we would be likely to see an upsurge in illegal migration from within the EU, with people arriving at the border as "visitors" but then staying on to seek work. This is likely to worsen problems around integration, whereby migrants come and go in large numbers, without putting down roots.

We can do this a different way. The important issues that most drive public concern about EU migration - lack of control, undercutting, pace of change - can be dealt with either within current rules or by seeking reform within the EU.

The harsh truth is that Brexit is not only unlikely to deliver the control people want, it may actually undermine people’s faith in the system even further.

Some will say that the entire line of argument contained here is dangerous, since it risks playing into an anti-immigrant narrative, rather than emphasising migration’s benefits. This is an argument for the ivory tower, not the real world.

There is a world of difference between pandering to prejudice and acknowledging that whilst EU migration has brought economic benefits to the UK, it has also created pressures, for example, relating to population churn within local communities.

The best way to secure public consent for free movement, in particular, and immigration in general, is to be clear about where those pressures manifest and find ways of dealing with them, consistent with keeping the UK within the EU.

This is neither an attempt at triangulation nor impractical idealism. It’s about making sure we understand the consequences of one of the biggest decisions this country has ever taken, and considering a different course.

Harvey Redgrave is a senior policy fellow at the Tony Blair Institute for Global Change and director of strategy at Crest Advisory.