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The fault-line at the heart of Liberal Conservativism

Sunday, 31st October 2010

Andrew Rawnsley has done well to identify the problems the coalition is having deciding its line on national security. His column today is a colourful evocation of the deadlock David Cameron and Nick Clegg face over  control orders and 28-day detention without charge. He calls it "alarmed semi-paralysis", which is about right. Now they have seen the secret evidence and had the briefings from the intelligence services they somehow don't feel so liberal any more.
It is the sign of a mature democracy that it favours the liberty of its citizens over the control of them. But it also a lot easier to say you would be prepared to take risks with the lives of those citizens when you are in opposition. The Liberal Democrats and the liberal wing of the Conservative party (and some libertarians such as David Davis) have always found New Labour's authoritarian interventions distasteful. So this will be a real test of their nerve.

Will they realistically ease the anti-terrorism laws will bombs from Yemen are flying into our airports. I wonder.

There is one thing they should do, however, and that is to share the secret evidence with senior figures in the opposition. This is an idea floated by Lord Carlile, the Lib Dem peer who has acted as the indepdendent reviewer of government anti-terror legislation. In an interview with the Jewish Chronicle in September he said:  "On what should be apolitical subjects like counter-terrorism, no government gives Opposition frontbenchers the opportunity to read the evidence, such as some of the secret material relating to people subject to control orders.

"This means that when a new government appears with bland and confident statements about abolishing this and that in their manifesto, they can be brought up very short by the evidence that is put in front of them. I believe that this has happened."

It has to be right that we should be moving towards a cross-party consensus on these issues. The trouble is that there is no consensus within the three parties, let alone across the Commons benches.


Filed under: Andrew Rawnsley (15 more articles) , Control orders (13 more articles) , Lord Carlile (2 more articles) , New Labour (121 more articles) , Opposition (43 more articles) , Terrorism (298 more articles)

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Rhoda Klapp

October 31st, 2010 11:52pm Report this comment

"It has to be right that we should be moving towards a cross-party consensus on these issues. "

Nope. A consensus with no opposition is apt to be a mistake. You'd need to be a great deal surer when that consensus is in favour of limiting freedoms.

I thought I was supposed to be the right-winger here, and you were the fighter for liberty?

Naomi Muse

November 1st, 2010 8:20am Report this comment

Party political divisions stop so much common sense coordination. Ban the Whips and more cooperation may happen without the cosh.

Tarka the Rotter

November 1st, 2010 8:47am Report this comment

no fault lines at the heart of Labour then..?

Richard of Moscow

November 1st, 2010 9:53am Report this comment

The 28-day detention without charge is not only cowardly, it is crass political posturing and totally unnecessary. The Police do not need any evidence to charge anyone with a crime; indeed, they frequently fail to provide the CPS with any evidence for months after charging an individual, and all this leads to is more adjourments until the CPS finally receive enough to prosecute.
Nothing sinister about this - the police just like to scour all the evidence before finally passing it on, so they can remove all the bits that make them look like incompetent pillocks.

BFM

November 1st, 2010 10:45am Report this comment

faultine? is that like a saltine?

David Bouvier

November 1st, 2010 3:56pm Report this comment

Control orders (house arrest without trial of the would be used so well by some future regime to create our own Aung San Suu Kyi's) only exist because the judges have refused to balance the risk that other countries might violate the "human rights" of our enemies against the legitimate security needs of our state. I believe people subject to control orders are free to leave the country any time, but know they couldn't come back.

The solution is to challenge the core problem - which is to legislate that where the government judges security is seriously at risk they can deport or exclude foreign nationals regardless, and to preserve the liberties of us all. Then we can scrap control orders.

Dave

November 4th, 2010 3:38pm Report this comment

The primary enemy of any people is their own government. Admittedly some are worse than others, but when they put you in the firing line and then say they can save you by creating a police state, you know your in trouble.

cuffleyburgers

November 6th, 2010 9:46am Report this comment

Of course there is a threat, but the subtlety of the islamists' approach is precisely that all they have to do is some incompetent and non deadly act and sit back and watch the government turn the ratchet another couple of notches.

There is nothing politicians love better than to go on telly adopting a grave expression and say in hushed tones that there is nothing in public life as difficult as ordering armed thugs to assassinate an unarmed man on a tube train/drunk in an apartment (delete according to the case), it is far more agreeable than trying to figure out how to save the economy from melt down induced by the purchasing of votes by the application of wheelbarrow loads of used other peoples' fivers as favoured by labour.

wrinkled weasel

November 8th, 2010 6:13pm Report this comment

The idea of information sharing with HM Opposition is wooly. The Opposition are the opposition by virtue of them not being elected to govern, and given their record over the last thirteen years, I wouldn't trust them with the secret of how to saw a woman in half, let alone sensitive terrorist data.

Hugh

November 11th, 2010 1:42pm Report this comment

Where does the Privy Council come in all this?

Edward McLaughlin

November 13th, 2010 8:40pm Report this comment

Have you started your Christmas holiday or is there nothing happening in the world worth mentioning?

Rhoda Klapp

November 14th, 2010 6:12pm Report this comment

Edward, please don't bait Martin. I regard it as my own province.

I for one am avidly waiting to hear about the future of left-wing thinking, as promised in the late spring. Can't be long now.

EC

November 15th, 2010 1:29pm Report this comment

Gardening Leave?

Herbert Thornton

December 25th, 2010 4:33am Report this comment

David Bouvier is right.

The government should be completely free to -

1. Refuse entry to people whose presence in Britain the government considers undesirable;

2. Deport any such people as are already in the country even if they have acquired British citizenship; and

3. Deport to their ancestral countries of origin people whose presence is considered undesirable and who, though they may have been born in Britain, are descended from anyone who immigrated during the previous 50 years.

Herbert Thornton

December 25th, 2010 8:57pm Report this comment

Hugh (November 11th, 2010 1:42pm) -

You ask - "Where does the Privy Council come in all this?"

I don't think the Privy Council comes into anything much any more.

Roughly speaking it consists of selected people who are and who have been Cabinet ministers, but those who no longer are in the Cabinet have only a shadowy presence. It's functions are largely (but not entirely) formal & consist mostly of approving Orders in Council and some regulations. It can be thought of as a sort of committee of the Cabinet.

"Privy Council" can also refer to the court that has, or had, the full title of The Judicial Committee of the Privy Council. It was roughly the same people as constituted as the Judicial Committee of the House of Lords but sitting with different caps on. In either case they were the final court of appeal - the Lords being the court that decided on lawsuits originating in Britain and their incarnations as the Privy Council being the court that decided on lawsuits originating in the Dominions and colonies.

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