Monday, July 19, 2010

Guardian - July 18


Liberty: coalition moves tentatively towards a humane regime

Reviews into sentencing, torture and terror laws must affect real change and there's a chance they could

The price of liberty is eternal, not occasional, vigilance. So it is as well to approach a clutch of reviews announced by the coalition – on sentencing, on torture, and on the terror laws – with a measure of scepticism. Gordon Brown's career repeatedly showed that it is easier to review than to do. There must be a danger that after each of the three has run its course, the British state will continue to take liberties.


But the chimes of freedom do seem to be flashing a little more brightly than for a while. From Ken Clarke's bluntness about the futility of much imprisonment to Theresa May's easy wins in scrapping ID cards and restricting stop and search, security is being carefully weighed against liberty, instead of automatically trumping it. The real tests lie ahead. Liberal whispers about reducing pre-charge detention from 28 to 14 days will have to build into shouts if they are to prevail over howls of police anguish. The toughest decisions of all concerns control orders, which have allowed a handful of suspects – sometimes barred from knowing the case against them – to be held under virtual house arrest ever since the old policy of internment in Belmarsh collapsed in the courts. The situation constitutes the most egregious current departure from the rule of law, though libertarians should not pretend that there are not rare cases where lethal threat is credibly suspected and yet difficult to prove. It is encouraging that Ms May has recruited the former director of public prosecutors, Ken MacDonald, to oversee her officials as they chart a way through this choppy course. Having stood firm against political demands for 90 and 42-day pre-charge detention, while also professionalising the prosecution of terror, he stands as good a chance as anyone of devising a robust regime which is also principled and humane.


For every one of these encouraging signs, there is also an awkward question which the opposition ought to be pressing hard. Is the splitting-off of plans to admit intercepts in open court from the wider terrorism review a sign of the coalition being spooked by the spooks? How is the government's rhetoric about "ancient liberties" to be squared with its plans to savage legal aid, which is the only means by which many citizens can make these liberties effective? How is freedom served by festering Tory delusions of ripping up the Human Rights Act? Why is the review into the UK's embroilment with torture not to enjoy full inquiry powers to compel witnesses to attend?


Sadly, a leaderless Labour party is not in any condition to give voice to the salient questions. This is most obviously so in connection with torture, since a steady drip of documentary evidence and testimony from Guantánamo detainees is embroiling the Blair regime ever more deeply in the saga of rendition, but the eerie silence goes wider too. Whether out of conviction or habit, Labour is clinging on to its recent authoritarianism despite losing all authority. Days after Jack Straw doffed his cap to Michael Howard's "prison works" mantra in the Daily Mail, the party's dismal response to Ms May's terror laws review was to castigate the coalition for ringfencing development expenditure without giving the police budget the same protection.


The candidates to lead the party all claim they want to learn the lessons of the past, and move towards a future in which Labour is the sole progressive force. But only the outsider Diane Abbott has thus far shown much appreciation of the linkage between the party's waning popular appeal and its seeming indifference to freedom. A black woman, Ms Abbott appreciates that civil liberties are not the preserve of some imagined chatterati, but of pressing practical importance at the bottom of the heap. The other candidates would be well advised to give that some thought. The tide is turning towards liberty, and a Labour party that swum against it would deservedly sink.


Source : http://www.guardian.co.uk/commentisfree/2010/jul/19/coalition-liberty-regime

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