Let's call a bigot a bigot

Some people need offending.

Things have reached a slightly ludicrous situation when a gay rights group can be patronised for labelling as "bigots" those individuals who have gone most out of their way not only to prevent gay rights becoming a reality but also to viciously insult and ostracise the entire homosexual community.

Nelson Jones tells Stonewall to “grow up” and calls its Bigot Of The Year award “offensive and out of date”. To whom could the award be construed as offensive? The bigots it describes? That is unfortunate but something with which they will have to live. They will continue having to live with it if they insist on calling gay marriage “a grotesque subversion of a universally accepted human right” or, in pathetic attempts to attract sympathy, comparing their objection to gay marriage to the persecution of the Jews in Nazi Germany. If they cease to make such crass and ignorant statements they may find themselves not being described as bigots. Nick Griffin is probably offended when people call him a racist; he's still a racist.

Nelson Jones is also mistaken when he describes as “abuse” what Stonewall are doing through their Bigot Of The Year award. It seems immediately apparent that – much like the New Humanist's Bad Faith awards – Stonewall are with an ironic smile and a sense of humour highlighting the people who have done most to retard the gay rights situation. If you want a glimpse into what abuse is, read Martin Robbins' Guardian article "Gay marriage "Nazis" and the disgrace of Lord Carey". In staging its award Stonewall are fighting against a society that has been intolerant of homosexuals for thousands of years, and they are doing so with great dignity and wit. They are also, I'm happy to see, yet to apologise for the award despite hysterical outcries from clerical spokespeople.

Let's look at the word 'bigot' and see whether or not it can be accurately applied in this instance. A bigot is someone who “regards or treats the members of a group … with hatred and intolerance”. He has attempted to raise £100,000 in order to oppose same-sex marriage and compared it to slavery: if 'bigot' doesn't accurately encapsulate Stonewall's victor, Cardinal Keith O'Brien, I don't know who else it could. Nelson Jones seems perfectly happy to describe as a bigot a Chief Constable from over 25 years ago – and rightly so – but why is he afraid of being consistent in this case? A large reason is of course the religious element of the condemnation. If we were to take religion out of the equation, thereby confining to the closet the kid gloves with which it is handled, O'Brien would not be receiving the same level of support and excuse-making. Given that he is in a position of religious authority, many – including, it seems, Nelson Jones – wish to turn down the volume on criticism of O'Brien and interpret his statements in a peculiarly neutral light. This does not advance the gay rights position and encases O'Brien in the cushions in which he has been cocooned for 74 years.

A spokesman for the Catholic Church said that Stonewall “promoted terms like "bigot" and "homophobe" relentlessly in order to intimidate and vilify anyone who dares oppose their agenda”. Given that Stonewall's agenda is the battle to secure equal rights for gay people, I don't think that they can be criticised for responding passionately and with wonderful irony towards the very people keenest to see gay rights suppressed and gay behaviour demonised. If you want a discussion on language, note here its slithery usage – anyone who "dares" oppose the laudable agenda of a group representing a persecuted minority. A homophobe is someone who fears or hates homosexuals; if the word cannot be used in instances like these, when can it possibly be used? Try being told for thousands of years that loving a member of the same sex means that you are an "abomination" and should be killed, and see if "bigot" or "homophobe" are the strongest terms that spring to your lips.

Religious figures like Keith O'Brien cannot expect to be ignored for expressing hateful and outdated opinions. He is perfectly entitled to speak his mind concerning the legal recognition of the love shared between two members of the same sex; and he is perfectly entitled to be called a bigot if what emanates from his mind is extremely bigoted.

Stonewall's award may be offensive but it offends all of the people who most urgently need offending.

A flag at a gay pride festival. Photograph: Getty Images
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Is TTIP a threat or an opportunity?

TTIP offers potentially huge opportunities to both Europe and the US - we should keep an open mind on what the final agreement will mean.

Barack Obama made it abundantly clear during his visit to the UK that if Britain left the European Union then it would be quite some time before we would be able to negotiate a trade deal with the United States. All the more reason to examine carefully what the Transatlantic Trade and Investment Partnership (TTIP) will mean for the UK. For Labour this is especially important because a number of trade unionists and Party members have expressed concerns about what TTIP could mean.

The economic worth of such a partnership between the European Union and the US has been questioned and it has been frequently stated that TTIP could give multinational companies unprecedented influence and undermine the British NHS.

With regard to the economic benefits of TTIP there are few that would argue that there are no economic gains to be achieved through the partnership. The question is to what extent economic growth will be stimulated. On the positive side the European Commission has argued that an agreement could bring economic gains of between €68 billion to €119 billion per year to the EU (0.3% to 0.5% of GDP) and €50 billion to €95 billion (0.2% to 0.4% of GDP) to the US. For Britain, this means that an agreement could add up to £10 billion annually to the UK economy.

On the negative side, a study commissioned by the European United Left/Nordic Green Left Group in the European Parliament has maintained that TTIP would bring only “limited economic gains”. These gains have to be weighed, it was argued, against the “downside risks”. Those risks have been identified as coming from the alignment of standards in areas such as consumer safety, environmental protection and public health.

These are important concerns and they should not be quickly dismissed. They are made all the more important because the existence of already low tariffs between the EU and the US make the negotiations to reduce non-tariff barriers to trade all the more significant.

There are a number of areas of concern. These include food standards and the regulation of GM crops and the worry that the EU’s focus on applying the environmental precautionary principle might be weakened. The European Commission, which has a responsibility for negotiating TTIP on behalf of the EU, is however acutely aware of these concerns and is mindful of its legal responsibility to uphold, and not to in any way weaken, the agreed legal standards to which the EU adheres. A concern has been expressed that irrespective of what European law may say, TTIP could undermine those standards. This I find difficult to accept because the ‘rule of law’ is absolutely central to the negotiations and the adoption of the final agreement.

But the EU is mindful of this concern and has brought forward measures which have sought to address these fears. The latest proposals from the Commission clearly set out that it is the right of individual governments to take measures to achieve public policy objectives on the level that they deem appropriate. As the Commission’s proposal states, the Agreement shall not affect the right of the parties to regulate within their own territories in order to achieve policy objectives including “the protection of public health, safety, environmental or public morals, social or consumer protection or promotion and protection of cultural diversity”.

Of course, this is not to suggest that there should not be vigilance, but equally I believe it would be wrong to assume the theoretical problems would inevitably become reality.

The main area of concern which has been expressed in Britain about TTIP relates to the NHS and the role of the private sector. Under the Investor-State Dispute Settlement (ISDS) provisions investors would be able to bring proceedings against a foreign government that is party to the treaty. This would be done in tribunals outside the domestic legal system. If a Government is found to be in breach of its treaty obligations the investor who has been harmed could receive monetary compensation or other forms of redress.

The concern is that the ISDS arrangements will undermine the ability of democratically elected governments to act on behalf of their citizens. Some have maintained that measures to open up the NHS to competition could be made irreversible if US companies had to be compensated when there is a change of policy from a future Labour Government.

In response to these concerns the European Commission has proposed an Investor Court System. This would be based on judgements being made by publicly appointed and experienced judges and that cases would only be brought forward if they were precisely defined. Specifically, it is proposed that cases would be limited to targeted discrimination on the basis of gender, race or religion, or nationality, expropriation without compensation or the denial of justice.

Why, you might ask, is there a need at all for a trans-national Investor Court System? The reason in part lies in the parlous state of the judicial systems in some of the relatively recent EU accession countries in Eastern Europe. To be frank, it is sadly the case that there are significant shortcomings in the judiciary of some countries and the rule of law is, in these cases, more apparent than real. It is therefore not unreasonable for investors to have an international framework and structure which will give them confidence to invest. It should also be noted that there is nothing proposed in TTIP which contradicts anything which is already in UK law.

We need to remember too that this is not only about US investment in Europe, it is also about European investment in the US. No US-wide law prohibits discrimination against foreign investors, and international law, such as free trade and investment agreements like TTIP, cannot be invoked in US courts. The Investor Court System would therefore benefit European companies, especially Small and Medium Sized Enterprises. 

It is of course impossible to come to a definitive conclusion about these provisions because the negotiations are ongoing. But it would surely be unwise to assume that the final agreement would inevitably be problematic.

This is especially true regarding the NHS. Last year Unite the Union commissioned Michael Bowsher QC to provide an opinion. His opinion was that “TTIP does pose a threat to a future government wishing to take back control of health services”. The opinion does not express a view on whether TTIP will “force” the privatisation of the health service (as some have claimed) and Bowsher admits that much of the debate is “conducted at a rather speculative level” and he has been unable to produce any tangible evidence to support his contention about future problems. On the other hand, it is the case that there is nothing in the proposed agreement which would alter existing arrangements for compensation. There are of course many legal opinions which underpin the view that existing legal arrangements would continue. While I accept that it is theoretically possible for the Bowsher scenario to occur, it is nevertheless extremely improbable. That is not to say that there ought not to be watertight safeguards in the agreement, but let us not elevate the extremely improbable to the highly likely.

A frequently heard criticism of TTIP is that the negotiations between the US and the EU are being conducted in ‘secret’.  Greenpeace, for example, has strongly sought to make this a central part of their campaign.  Although the Commission publishes EU position papers and negotiating proposals soon after they are tabled, it is impossible to see how complex negotiations of this kind can be practically conducted in public.  However, I believe that the draft agreement should be made public well before the final decisions are taken.

Once the negotiations have been concluded, the draft agreement will be presented to the European Council and the European Parliament, both of which have to agree the text. The European Council is, of course, made up of representatives of the governments of the EU and the European Parliament is democratically elected. Both Houses of the British Parliament will also debate the draft and there will need to be parliamentary approval of the agreement.

Transparency and democratic scrutiny are two things which there cannot be too much of. But, in practical terms, it is difficult to see how there could be more of either without making it nigh on impossible to secure such a complex agreement. Unite, of which I am a member, and others are quite right to express their concerns about TTIP, but let’s not exaggerate the potential difficulties and let’s not assume that the worst case scenario will always come about. TTIP offers potentially huge opportunities to both Europe and the US, and we should therefore at least keep an open mind on what the final agreement will mean.

Wayne David is the Labour MP for Caerphilly and is Shadow Minister for Political Reform and Justice. He is a former Shadow Europe Minister and was a junior minister in the last Labour government.