Please urge your MP to sign the following excellent Early Day Motion (EDM 1254) tabled in the House of Commons. It sets out very clearly the appalling situation that the thousands of remaining prisoners serving IPPs (“indeterminate sentences for public protection”) find themselves in despite the abolition by the present government of the IPP system as unjust and ineffective, and calls for additional funding for the Parole Board to enable it to speed up the processing of IPP prisoners who have served the punishment part of their sentences (their tariffs) with a view to releasing most of them without further intolerable delay. This delay is a blot on our society, as was the original IPP sentence introduced by the last government.
Grateful thanks to Mr Elfyn Llwyd MP for his initiative in tabling this motion, and to its other sponsors. And a hat-tip to Shirley Debono for alerting me to it.
You can find out the name of your MP and send him or her a message from https://www.writetothem.com/. I suggest that you include in your message the website address of the Early Day Motion: http://www.parliament.uk/edm/2013-14/1254.
Here is the text of the Motion:
RELEASE OF PRISONERS SERVING INDETERMINATE SENTENCES FOR PUBLIC PROTECTION
- Session: 2013-14
- Date tabled: 02.04.2014
- Primary sponsor: Llwyd, Elfyn
That this House notes that at the end of January 2014, 5,335 prisoners in the UK were still serving indeterminate sentences for public protection, which were abolished by the Government in 2012; further notes that 3,561 of these prisoners had already passed their tariff and that, since the Parole Board releases roughly 400 inmates every year, it will take nine years for the Board to clear this backlog of cases; further notes with dismay that many prisoners serving indeterminate sentences fail to gain places on appropriate courses which would progress their rehabilitation and that as a result such prisoners have little hope of release; recognises that 24 prisoners serving indeterminate sentences have committed suicide whilst in custody; further notes that each prison place costs £40,000 every year, making indeterminate sentences highly costly; and calls on the Government to increase funding to the Parole Board to clear the backlog of indeterminate prisoners, starting with those given initial tariffs of two years or less.
The more MPs who sign this EDM, the more notice the government (and the Parole Board) will have to take of it. It probably won’t ever be debated or passed, but it’s a very useful form of pressure.
For more information about IPPs and the scandalous abandonment of thousands of IPP prisoners long after they have paid their debt to society, please see http://www.barder.com/4119.
Since I wrote about Ukraine in my blog post of 2 March, provoking a vigorous and mostly healthy debate, the role of the EU’s association agreement with Ukraine has looked increasingly significant. The UK media – those parts of them that I see and hear, anyway – have been curiously reticent about this agreement and what it says about the west’s intentions as regards relations with Ukraine. I wrote to the Guardian about it.
[Letter to the Guardian letters editor, 21 March 2014:]
The EU has reportedly carried out its threat [on 21 March 2014] to sign the ‘political parts’ of its inflammatory and divisive association agreement with Ukraine’s interim (and dubiously legal) government, as forecast in [the Guardian's] report under the sadly inappropriate heading “EU showing reluctance to escalate Crimea backlash” (p2, 20 March). This deserves much more attention and indeed alarm than it has so far received. It was the then elected Ukrainian president Yanukovych’s refusal to sign this agreement that triggered his unconstitutional deposition and the installation of the current western-backed interim régime in Kiev.
The agreement requires Ukraine steadily to “approximate” its legislation to that of the EU, a process to be monitored and even enforced by the EU, and sets up a political dialogue designed explicitly to “promote gradual convergence on foreign and security matters with the aim of Ukraine’s ever-deeper involvement in the European security area”. It’s difficult for Moscow or anyone else to interpret these proposed commitments otherwise than as steps leading to eventual Ukrainian membership of the EU and subsequently of NATO (“the European security area”). For the EU now to sign such an agreement with the unelected interim Kiev régime, months ahead of the election of a new government and president, is bound to escalate the crisis. It will intensify Russia’s understandable suspicions of western intentions and fears of encirclement. If the EU genuinely wants de-escalation, it should seek to allay, not intensify, Russia’s suspicions by declaring that Ukrainian membership of either the EU or NATO is not on the cards and never will be, leaving the political elements of the ill-conceived association agreement permanently in the Pending tray. We hear plenty about the stick, but where’s the carrot?
A sharp western response to Russia’s illegal annexation of Crimea is plainly required, but we need much more clarity about whether current and proposed sanctions are meant to be a punishment or a deterrent (quite different things), and about the exit strategy that western governments have in mind, given that annexation of Crimea now seems a fait accompli.
21 March, 2014
My letter was not published. No complaint: it was rather dry.
Ten days later the following Parliamentary Question and (written) Reply appeared in Hansard:
Caroline Lucas (Brighton, Pavilion, Green)
To ask the Secretary of State for Foreign and Commonwealth Affairs whether the commitment in the EU-Ukraine Association Agreement signed by the EU and the interim Ukraine administration on 21 March 2014 to a political dialogue designed to promote gradual convergence on foreign and security matters with the aim of Ukraine’s ever-deeper involvement in the European security area reflects an EU policy objective of Ukraine eventually joining NATO; and if he will make a statement.
David Lidington (The Minister for Europe; Aylesbury, Conservative)
While NATO and the EU play complementary and mutually reinforcing roles in supporting international peace and security, they are separate organisations. There is no connection between the EU-Ukraine Association Agreement and NATO membership.
Ukraine, has a long standing relationship with NATO and is a valued contributor to a number of NATO operations. The UK Government continues to support defence reform in Ukraine and hopes that its Government will continue to work with NATO in the future.
Hansard source (Citation: HC Deb, 31 March 2014, c433W)
Caroline Lucas MP (Green) asked an excellent question. The minister’s reply is not however satisfactory, because it doesn’t answer the question (does the passage quoted from the EU-Ukraine agreement reflect an EU objective of Ukraine eventually joining NATO?), and the Russians will have their work cut out parsing the carefully worded statement that “There is no connection between the EU-Ukraine Association Agreement and NATO membership.”
Why did Russia act with such blatant disregard for international law and with such haste to annex Crimea? It’s no excuse for President Putin to say, as he does, that the west has behaved with far more contempt for international law with their bloody attacks on or military interventions in Yugoslavia (over Kosovo), Iraq, Afghanistan and Libya (in the last two there was UN authority for a limited intervention but the limitations imposed by the Security Council’s mandate were ignored). As for Russia’s unseemly haste to grab back Crimea, why was the EU in such a hurry to sign the EU Association Agreement with an unelected interim administration in Kiev, headed by an unelected interim President and blatantly unrepresentative of the Ukrainian people, when the previous democratically elected President had been deposed, with western encouragement, for refusing to sign the agreement and when democratic elections for a new President and a new government of Ukraine are to take place in just a few weeks’ time?
Perhaps the Russian policy analysts in Moscow had taken the trouble to read the EU-Ukraine agreement signed on 21 March (unlike most of the commentariat servicing the UK media, apparently). Perhaps they had spotted the passages in the agreement highlighted in my unpublished letter to the Guardian and in Caroline Lucas’s parliamentary question. Perhaps they, like some of us in the west, wondered whether the EU was in such a hurry to get the agreement signed because they planned to act quickly to link the whole of Ukraine, including Crimea with its vital Russian naval base, so tightly to the EU and then to NATO that it would become impossible for Crimea to continue to act as host to a major Russian naval base. Immediate action by Russia to re-detach Crimea from Ukraine and re-integrate it with Russia might have seemed a prudent way to pre-empt any such western intention with a minimum of bloodshed and international fuss. From Moscow’s point of view a policy of wait-and-see may have seemed simply too risky, with so much at stake.
And perhaps, after Crimea had been unceremoniously re-attached to Russia, those Moscow policy wonks might have read the British government’s non-reply to Ms Lucas’s pointed question, and concluded that they were probably right to interpret the EU agreement in the way they did, and right to recommend securing Crimea and the vital base in Sevastopol for Russia in the way the Russian government did, before it was too late.
It’s time for the west – the EU and NATO – to decide what it wants in its future relations with Ukraine, and whether to treat Russia as a competitor or an associate in those relations. The west currently adopts a nakedly adversarial attitude towards Moscow, apparently aiming to subvert Russia’s influence with its near neighbour and to replace it with Ukraine’s “gradual convergence on foreign and security matters with the aim of … ever-deeper involvement in the European security area” – in the words of the EU-Ukraine agreement. Such a policy risks widening the divisions within Ukraine in a way that can only destabilise the country to the point where Russian intervention may become inevitable. Ukraine is far more important to Russia, both psychologically and in terms of security, than it is to the EU or NATO: so if competition for influence becomes a game of chicken, the west is bound to blink first. But the consequences of a competition culminating in Russian physical intervention in Ukraine would be disastrous, both for Russia and for the west. Such a crisis could well wreck any chance of a constructive relationship between Russia and the west for a generation. Russia would be driven back into xenophobic autocracy; any lingering hopes of a recognisable Russian liberal democracy would be crushed.
There’s an obvious alternative: instead of seeking to supplant Russian interests in Ukraine, the west could actively seek Russian cooperation in stabilising the area and jointly promoting its economic and political recovery. Two acts in particular would signal a constructive change of course. First, the west should declare that Ukrainian membership of the EU and NATO is not on the cards, since Ukraine’s geography and history alike point to the need for its neutrality between east and west. Since neither the US, the UK or France would in any conceivable circumstances go to war with Russia over Ukraine, its admission to NATO would constitute a betrayal in waiting, so ruling it out in advance would cost nothing and could potentially represent a major advance as a reassurance to Russia, as well as forcing the Ukrainians to face up to the reality of their geography. Secondly, the west should endorse Russia’s proposal for a federal system within Ukraine and offer its practical help, in collaboration with Moscow, in bringing it about. Greater autonomy for eastern Ukraine within a federal state would satisfy the ambitions of many Russian-speaking Ukrainians. It’s hard to understand why the west has so far ignored this constructive proposal from Moscow.
Time is short. Small pro-Russian groups are occupying government buildings in eastern Ukraine and declaring themselves independent, arousing suspicions that Russia is encouraging them to create a pretext for intervention, when the reality might be that these groups are acting independently of Moscow in the hope of forcing the Russians to step in. Current four-power talks at official level have a great deal hanging on them: not just the future of Ukraine, which is important enough, but also the future of Russia and its role in the world, which is incomparably more so.
[Footnote: Much of this blog post goes over ground partly covered by an earlier post at http://www.barder.com/4126. That attracted a good many comments, some hostile and vigorously expressed, some strongly supportive. The authors of all such comments on that earlier post can take it that their comments apply equally to this one, and that there is no need to repeat them here, unless of course they have something new to say or new information to supply.]
Last month I wrote yet again about the national scandal of Indeterminate Sentences “for Public Protection”, or IPPs. Long after IPPs have been abolished and can no longer be imposed, literally thousands of people who were given IPP sentences before abolition are still in what amounts to preventive detention in the harshly punitive conditions of our prisons. The majority of them have completed the punishment part of their sentences and are now warehoused behind bars because men (and women) in suits are frightened that if released they might re-offend. The criteria for agreeing to release them are so Kafkaesque, so heavily weighted against even the most innocuous IPP prisoner, that those still incarcerated and their families begin to fear that they will never be released. Parliament has given the Justice Secretary (the government minister responsible) powers to reform the criteria for releasing IPPs unless they clearly pose a serious threat to public safety, but the Justice Secretary refuses to exercise them.
Those concerned about this monstrous situation should watch the BBC2 television programme Newsnight tomorrow, starting at 10:30pm on Thursday, 13 March. Watch it live on television or on your PC or laptop, live or later. Please record it if you can and ask your friends round to watch it later. Then persuade them to write furiously angry letters to their MPs — again — demanding long overdue action to remedy this grotesque injustice by the man now responsible for it: Mr Chris Grayling, the Tory Secretary of State for Justice. Justice!
Solemn British commentators on the Ukraine crisis are wringing their hands over the west’s alleged inability to do anything to de-escalate the situation in Ukraine in the face of alarming Russian military activity, including powerlessness to persuade the Russians to pull back from their militaristic moves before the tension breaks out into war. They are wrong. There is one move that the west can and should make that would help to undo the consequences of recent western policy blunders, reassure Moscow about Russia’s legitimate strategic and security interests in its own region, and compel Ukraine’s leaders of all communities to adopt a more realistic attitude to its geopolitical situation and the limits which that imposes on its options. The west needs urgently to give a clear and unconditional assurance that there can be no question of Ukraine, or any part of Ukraine, ever becoming a member of either the EU or NATO.
This would be no more than a recognition of reality. Russia’s interests in Ukraine – strategic, cultural and historical, and personal (a third of Ukrainians speak Russian as their first language, nearly a fifth are Russian citizens) – are such that no government in Moscow could passively stand by while the closest of its neighbours is being drawn into the west’s orbit. The west’s reckless dangling of an unfulfillable promise of EU and even NATO membership in front of successive incompetent and corrupt Ukrainian regimes, contemptuously ignoring Russian concerns, bears a large part of the responsibility for the mess we’re all now in.
The dangerous crisis in Ukraine, and especially in Crimea, will not be resolved by pompous condemnation of Russia’s aggression or by unconvincing warnings of high but undefined costs for Russia if it continues to violate Ukraine’s integrity – warnings that sound especially hypocritical coming from politicians (not, incidentally, including Barack Obama) who vociferously supported western illegal aggression against Yugoslavia in 1999 and against Iraq in 2003. The grandstanding rush by our foreign secretary, William Hague, to Kiev today is misconceived. It will be interpreted as implying a renewed commitment of some kind to UK support for the revolutionaries in Kiev, many of whom are still dreaming of eventual membership of the EU, if not also of NATO. Is that interpretation what Mr Hague intends? If so, he should not be in charge of UK foreign policy.
If anyone should be rushing overseas in search of de-escalation, it should be to Brussels to agree without more delay on declarations by the EU and NATO of the impossibility of Ukrainian membership of either. Meanwhile western leaders should be telling the Russians that we are working towards such a declaration; that it is no part of EU or NATO policies to threaten Russia’s legitimate interests in Crimea or the rest of Ukraine: that it is in Russia’s, the west’s, and Ukraine’s interests that stability, prosperity and uncorrupt government should be promoted in Ukraine; and that the EU and the US wish to discuss with Moscow institutional arrangements for cooperation in economic support for Ukraine once a stable, representative and democratically legitimate régime has been installed in Kiev.
The basis for such a peacemaking initiative by the west as an alternative to the spear-waving bluster advocated by, for example, Sir Malcolm Rifkind (among many others), is set out in eloquent and scholarly terms by one of the greatest British diplomats of our time, Sir Rodric Braithwaite, a former British ambassador to Moscow, in an article in today’s Independent on Sunday which should be required reading for all those who are indulging their out-dated cold war prejudices by sanctimoniously denouncing Mr Putin for doing what any great power leader in his position would be bound to do. Selectively quoting Sir Rodric, –
Much recent comment on Ukraine in the British press has been marked by a barely forgivable ignorance about its history and politics, an overhasty willingness to put the blame for all its troubles on Vladimir Putin, and an almost total inability to suggest practical ways of bringing effective Western influence to bear on a solution….
Today 77 per cent of the country’s population is Ukrainian. But 17 per cent is Russian, a third of the population speak Russian and many of these people have strong family ties with Russia. Only the Ukrainians from Galicia look unequivocally to the West.
Meanwhile, most Russians feel strong emotional links to Ukraine as the cradle of their civilisation. Even the most open minded feel its loss like an amputated limb. …
… Putin arrived in 2000, ambitious to strengthen Russia’s influence with its neighbours. And the West began its ill-judged attempts to draw Ukraine into its orbit regardless of Russian sensitivities.
… The first is respectable but merely rhetorical: Ukraine is entitled to decide its future for itself, and Russia has no legitimate claim to a voice. The second is a piece of old-fashioned geopolitics: Russia can never again become an imperial threat if Ukraine is incorporated into Nato and the European Union. This part of the policy is impractical to the point of irresponsibility. It ignores four things. The members of Nato and the EU have lost their appetite for further enlargement. Most Ukrainians do not want their country to join Nato, though they would be happy to join the EU. A majority want to remain on good terms with Russia. Above all, the West does not have the instruments to impose its will. …
The alternative is for the West to talk to the Russians and to whoever can speak with authority for Ukraine. So far the Americans have been ineffective on the sidelines, the British seem to have given up doing foreign policy altogether, and only the Germans, the Poles and the French have shown any capacity for action.
An eventual deal would doubtless have to include verifiable agreement by the West as well as the Russians to abandon meddling in Ukrainian affairs, a credible assurance that Nato will not try to recruit Ukraine and arrangements for the both the Russians and the West to prop up Ukraine’s disastrous economy….
Further obligatory background reading is a piece for Chatham House by another distinguished former British diplomat, former British ambassador in Moscow, and current member of the Chilcot Iraq Inquiry, the Rt Hon Sir Roderic Lyne.
And, finally, a comment by yet another equally distinguished British diplomat and former ambassador to Moscow, Sir Bryan Cartledge:
The key point, I believe, which the media largely overlook, is that the revolution in the Ukraine is primarily a protest against domestic corruption and misrule, not a vote for the EU or against Russia. The EU issue provided the occasion but was not the cause. In converting an internal protest into an East-West issue, the EU is making a huge mistake — Putin, of course, has been bound to follow suit. And quite apart from all this, the last thing the EU needs now is responsibility for an almost bankrupt and almost failed state.
These three know whereof they speak. Our noisy and belligerent political leaders and their media cheer-leaders with their crude and counter-productive posturing would do well to listen to them.
[Full disclosure: both Bryan Cartledge and Roderic Lyne are friends and my former Diplomatic Service colleagues. All three of us served together many years ago in the British embassy in Moscow.]
 Postscript and correction: as Roland Smith has helpfully pointed out in his comment below, I should not have written that nearly a fifth of the Ukrainian population are Russian “citizens”: i should have written “ethnic Russians” or “Russian speakers”. Of course the Russian habit of issuing passports to Russian speakers in neighbouring countries and then claiming the right to intervene to protect their ‘citizens’ across the border tends to blur the distinction between ‘Russians’ living abroad who are citizens of Russia, and those who are not.
In 2012, nearly two years ago, parliament passed legislation abolishing the infamous system of Indeterminate Sentences for Public Protection (IPPs), introduced in 2005 by a Labour home secretary, David Blunkett, an indefensible move but obstinately defended by ministers for the rest of the life of the Blair and Brown governments. It fell to a small-l liberal Tory Justice secretary, Kenneth Clarke, to declare the system iniquitous and unjust, and to introduce the legislation that abolished it. Stubborn and illiberal to the end, the Labour opposition complained that abolition posed a threat to public security. So much for traditional Labour principles.
Alas! Abolition has not turned out to be the end of this shabby story. As Justice Secretary Clarke had recognised that the criteria for deciding whether IPP prisoners should be released after serving their ‘tariffs’ (the punishment element of their IPP sentences) were grossly tilted against the prisoners – and against basic principles of justice – by effectively requiring IPPs to prove to the parole board that if released they would not re-offend: an inherently impossible requirement. As a result, barely 4 to 5 percent of IPPs have been released under these Kafkaesque criteria. Clarke indicated publicly that he aimed to use the powers granted to him under the abolition law to change the release criteria so that an IPP prisoner should be released on completion of his tariff unless the parole board could show that there were specified grounds for believing that his release would pose a serious risk to public safety – thus reversing the onus of proof to where it belonged.
But before Clarke could follow through on IPP abolition by making this long overdue reform of the release criteria for IPPs still in prison, Clarke was sacked from his position at the Ministry of Justice and replaced by another Tory, this time a hard-line right-winger, Chris Grayling. Grayling, to his shame, has so far shown no interest in exercising his powers under the Act to reform, or even to improve, the release criteria. As a result thousands of IPPs languish in prison to this day, with very little hope of release in the foreseeable future, nearly two years after the present coalition government abolished IPPs.
All this has passed with little or no public concern or debate, until now. Next Tuesday, 4 March 2014, there is to be a public panel discussion, with very distinguished participants, on the subject “The Prisoners Left Behind: Imprisonment for Public Protection After Its Abolition“. The event is open to all and attendance is free. It is organised by the Bingham Centre for the Rule of Law together with Lord Lloyd of Berwick, the former Appeal Court judge, who is to be one of the panel members. The other speakers will be:
- Lord Faulks QC, Minister of State, Ministry of Justice
- Sir David Calvert-Smith, Chairman of the Parole Board
- Juliet Lyon, Director of the Prison Reform Trust
- Pete Weatherby QC, barrister, Garden Court North Chambers
The Chair will be
- Sir Sydney Kentridge QC.
(You can Google all these for their backgrounds and qualifications.)
Details of the time and venue of this important and encouraging event can be found at
The flier for the meeting provides the following damning facts:
• More than 5,000 prisoners remain in indefinite detention under sentences of imprisonment imposed for public protection (IPP) between 2005 and 2012. More than half have exceeded their tariff and are waiting to come before the Parole Board.
• In the case of 773 prisoners the tariff was two years or less. But IPP was imposed because until 2008 the sentence was mandatory. 350 of these prisoners have exceeded their tariff by four years or more.
• Parliament abolished the IPP sentence in 2012. Ken Clarke, the Minister who introduced this amendment, said that IPPs were ‘unclear, inconsistent and have been used far more than was ever intended… That is unjust to the people in question and completely inconsistent with the policy of punishment, reform and rehabilitation’.
• In 2012 Parliament made specific provision for handling the backlog. The Justice Secretary [Chris Grayling] was given power to vary the release test. But he has so far declined to exercise that power, even though at the current rate of release it will be nine years before the backlog is cleared.
• In several cases the ECtHR [European Court of Human Rights] has found that the continued detention of IPP prisoners was arbitrary and in breach of their Convention rights . There are more [ECtHR] cases in the pipeline. [My emphasis – BLB]
It will be interesting to see whether, and if so how, the Justice Ministry participant in the discussion, Lord Faulks, contrives to defend and justify this scandalous and shameful state of affairs.
Thursday 13 March is to be a Day of Action against the continued detention of the thousands of IPPs still behind bars. That evening the BBC 2 television programme Newsnight is scheduling a segment on this issue. This should be well worth watching. I’m told that there are also plans for a public meeting of protest on Thursday 13 March about the continued imprisonment of IPPs, to hand in a letter to No. 10 Downing Street and then to move to the Houses of Parliament for meetings with Ministers, peers and MPs. Details of timing, etc., can be seen by Facebook members (and possibly others) at https://www.facebook.com/events/258296224335919/?ref_dashboard_filter=upcoming. The organisers are very welcome to supply details in comments at the end of this post of how to take part in these events: where and when to go and what to do beforehand in preparation. [Later: there are now several 'comments' on this post, below, with information and a warning about this 'Day of Action' on IPPs: please read them before you decide whether to turn up for any particular event.]
* * * * *
So at last enlightened opinion is beginning to wake up to what is going on, and to the evident failure of the Justice Secretary to do anything about it, even though the power to resolve the problem has been given to him by an Act of Parliament passed under the government of which he is a member. It’s surely time that Mr Chris Grayling is called to account for a failure which continues to bring such (mostly quite undeserved and wholly unnecessary) misery and fear to so many thousands of people. Keeping thousands of citizens in prison not as punishment for what they have done but out of fear of what they might conceivably do in the future is the mark of a barbarous society which has lost its moral bearings and forgotten the most elementary principles of justice. Enough!
This is a post-script to my previous post (http://www.barder.com/4101), “Denying the Scots the option most of them legitimately want puts our country’s future in danger“. The eminent historian and commentator Professor Linda Colley has just published an important book, “Acts of Union and Disunion“, telling the story of changes in the relationships between the constituent nations of the present United Kingdom over the centuries, including the various proposals at different times for a formal federation of the four nations. These have been supported in one form or another by such powerful former leaders as Churchill and Lloyd George. It is legitimate to ask why none of our present political leaders apparently has the imagination or courage to espouse such a radical cause.
According to the Profile Books website,
One of our most distinguished historians, Linda Colley is Shelby M.C.Davis 1958 Professor of History at Princeton and a Fellow of the British Academy. She has previously taught at Cambridge, Yale and LSE. Her earlier books include Wolfson Prize-winning Britons: Forging the Nation 1707-1837; Captives: Britain, Empire and the World, 1600-1850 and The Ordeal of Elizabeth Marsh: A Woman in World History.
Her new book is based on a series of talks on BBC Radio 4, starting today (6 January 2014) at 13:45 and continuing for the next two weeks.
The relevance of Professor Colley’s books and talks to the issues arising from next September’s referendum on independence for Scotland is amply demonstrated by the following extract from her fascinating article in today’s Guardian:
One of the notable features of present-day debates on possible Scottish independence has been the lack of imagination and creativity thus far displayed by most of those seeking to make the unionist case. The assumption appears to be that appeals to economic individualism and fostered fears of the unknown will by themselves be sufficient to make Scots hesitate about opting for independence. This strategy may or may not prove effective, but it shortchanges the public, and not just in Scotland. Scots are being offered arguments in support of independence, and warnings against it. Neither they, nor anyone else in the UK, are being provided with alternative visions of what an amended, re-imagined union might conceivably be like, or what it might be for.
This is very different from the quality of debate out of which the Government of Ireland Act of 1914 emerged. The late 19th century saw all sorts of federal solutions being proposed for the UK’s many fault lines, sometimes at a high level.
Amen to that! It’s tempting to wonder whether the professor has been reading my latest blog post on the subject and its many predecessors, all making exactly the same point about “the lack of imagination and creativity thus far displayed by most of those seeking to make the unionist case“, were it not for the fact that Linda Colley has been deploying the same arguments in her books and other writings for many years, and basing them on her encyclopaedic knowledge of the history of constitutional relations between the constituent parts of the British Isles – a knowledge not, alas, shared by the present blogger. I shall try to remedy at least a part of my regrettable ignorance of that history by ordering and reading “Acts of Union and Disunion“, and by recording and listening to Professor Colley’s Radio 4 talks, starting this afternoon. I urge readers of this blog post to do the same.
An article in the Financial Times by Janan Ganesh on Christmas eve, 2013, identified three main challenges to David Cameron during 2014: the European parliament elections, in which the right-wing, anti-EU party UKIP is widely expected (not necessarily rightly) to come top, ahead of Labour and the Tories; the coming round of bankers’ bonuses, popularly regarded as unacceptable, and for which the government is likely to be blamed; and the widespread (but wholly unfounded) fear of Bulgarian and Romanian immigrants ‘flooding’ into the country, ‘stealing jobs from British workers and driving down their wages’, now that the ban on their unrestricted right to come here has been lifted, something that will also be blamed on the government in the unlikely event that it happens.
This forecast seemed to me to omit a fourth looming challenge, potentially even more damaging — to Britain as well as to Mr Cameron — than the three listed by Mr Ganesh. The FT published the following letter from me on 2 January 2014:
Financial Times, letters, January 2, 2014
An even bigger menace for Cameron in 2014
From Sir Brian Barder.
Sir, Janan Ganesh, in an otherwise characteristically perceptive article (“Labour’s agonies will prove hazardous for Cameron”, December 24) identifies May’s European parliament elections as “the most menacing event the government faces next year”, but he overlooks an equally hazardous prospect: the referendum on Scottish independence in September. Although current polling suggests a probable vote against independence, the negligent failure of the UK government to offer the Scots a constructive alternative to independence other than the status quo, with which very many Scots are clearly dissatisfied, risks a steady shift of opinion in Scotland in the next nine months that could easily result in a vote spelling the early disintegration of the UK.
There is no respectable reason not to offer what a majority of Scots obviously want, namely full internal self-government within an already semi-federal UK (admittedly implying eventual changes, long overdue, for non-self-governing England). The Liberal Democrats have hinted at support for such a policy but both Labour and the Conservatives seem too timid to risk even gingerly touching the nettle, still less grasping it. If the UK falls apart on David Cameron’s watch, he will surely pay a higher electoral price in 2015 for his delinquency than Ed Miliband, and that must represent a menace to the Tories at least as great as the European parliament elections, bankers’ bonuses or unfounded fear of Bulgarian and Romanian immigrants.
Brian Barder, HM Diplomatic Service (Rtd), London SW18, UK
The referendum to decide for or against Scottish independence is to take place on Thursday, 18 September, in less than nine months’ time. If the Scots vote to break up the UK and go their own way, the lion’s share of the blame should fall on the government at Westminster, headed by Mr Cameron, for his failure to provide Scotland with an alternative to both independence and the status quo, neither of which is wanted by most Scots (as argued in my FT letter), simply because the government of the day, which alone can act as well as talk, bears the primary responsibility for that failure to act in time to avert the disintegration of our country.
But an almost equal burden of responsibility rests on the shoulders of Ed Miliband and the Labour party as the only party of the two with a significant presence in all three of Scotland, England and Wales. If the three main unionist parties can’t agree on a promise of full internal self-government for Scotland in the event that the Scots reject the independence option, there’s no reason why Mr Miliband should not commit himself and his party to that promise, to be honoured if and when there’s another Labour, or Labour-led, government. Such a policy might well meet stiff opposition from the Scottish Labour party, with its visceral hatred of the SNP in general and The Two Fishes, Salmond and Sturgeon, in particular. But the stakes are too high to allow Scottish Labour to stand in the way of what may well be a necessary condition for the survival of the UK as a single sovereign country – especially when an offer of full internal self-government within an eventually fully federal UK is strongly desirable in its own right, and not just as a short-term gimmick to head off the independistas.
The temptation for Mr Miliband and his colleagues to do nothing, and hope for the best on 18 September, is clearly very strong. But on the lowest level of electoral prospects alone, the consequences for the UK Labour party if Scotland secedes will be very serious. It’s not true, as often asserted, that without its safe Scottish seats Labour would never again be able to form a government in the rest of the UK: Labour would be better placed than the Tories to take a lead in forging a new constitutional future for England in a new union with Wales and Northern Ireland, but it would require a huge effort to transform itself into a primarily English party.
Meanwhile doing nothing, which seems to be the posture of both the Labour and the Conservative parties, is just as much a policy option, with predictable potential consequences, as adopting the one brave and radical policy which stands a fighting chance of satisfying the legitimate ambitions of a majority of Scottish people, and which might thereby save the United Kingdom for our children and our children’s children. Over to you, Mr Miliband. Mr Cameron lacks the authority, imagination and courage to do what needs to be done. That leaves you.
In the Scottish independence referendum in less than a year’s time, on 18 September 2014, Scots will have to choose between two alternatives, neither of which the majority of Scots seem to want: (1) separation from the UK on terms that will become clear only after the referendum, or (2) the status quo, which means limited devolution as defined by the Scotland Act, 2012, and thus only limited control over their own affairs. It doesn’t have to be like this. The unionist parties, Labour, the Conservatives and the LibDems (especially the Labour party which alone has a significant presence in England, Scotland and Wales) have an obvious duty to offer Scotland an alternative to independence and secession from the UK which represents an improvement on the status quo and which corresponds to what, according to the polls, most Scottish people want – much more control over their own affairs. It’s a sad betrayal of the campaign to save the United Kingdom from disintegration that none of the unionist parties (with the honourable exception of the LibDems) has had the courage or vision to commit itself to such an offer in time to influence the outcome of the referendum.
The Guardian of 28 November 2013 publishes the following letter from me (I have re-inserted in the text below a couple of minor things unhelpfully edited out by the Guardian in the published version):
Simon Jenkins (Don’t lecture Scots. They want freedom, not wealth, 27 November) is clearly right to advocate an offer to Scotland of a status somewhere between full independence (which would be a tragedy for the whole UK) and the current degree of devolution. The polls suggest that a clear majority of Scots at present want neither independence nor the status quo, but much greater control of their own affairs within the UK. The continuing failure of the Labour and Conservative parties to promise Scotland full internal self-government (perhaps modelled on that enjoyed by, e.g., Massachusetts and New South Wales within their federations) as an attractive alternative to independence is both incomprehensible and unforgivable. There’s still time, but not much.
The failure of the No campaign, headed by the generally admirable Alistair Darling, to come up with an offer of full internal self-government for Scotland if the Scots reject the option of independence is probably attributable to two factors, neither of which is valid: first, the difficulty or impossibility of reaching agreement between Labour and the Conservatives on how much additional devolution should be offered to Scotland if the Scots reject independence, and secondly, the fear that if Scotland is offered what ought to amount to full internal self-government, this will intensify resentment in England of England’s complete lack of any self-government at all, and demands for the same full internal self-government for England as that to be offered to Scotland.
The first of these objections won’t wash: there’s nothing to stop Labour from promising full internal self-government for Scotland under the next Labour government, whether the Tories agree with it or not (and it would be difficult for the Tories to devise a convincing or reputable argument against it). The second objection is actually an argument in favour: if an offer of full internal self-government for Scotland reinforces the already growing demand for the same status for England, so much the better. The eventual achievement, over several years, of full internal self-government by Scotland, England, Wales and Northern Ireland would bring forward the happy day when the UK becomes a fully-fledged federation, the logical and inevitable culmination of the devolution process and the sole serious answer to the West Lothian Question.
It’s depressing that parliamentary committees responsible for holding to account such powerful institutions and individuals as the intelligence and security services, the bankers and the police are often either far too soft or far too aggressive. Some inspire little confidence in their efficacy as watchdogs to ensure that the intelligence and security agencies respect our civil liberties as well as working to protect us. Others appear to be constrained by no procedural rules governing their powers and objectives, nor by any safeguards to protect those summoned to appear before them to be aggressively interrogated.
After the parliamentary Intelligence and Security Committee (ISC) hearing on 7 November at which the heads of MI5, MI6 and GCHQ testified in public for the first time, an e-correspondent asked:
Did you watch ‘M’, ‘C’ and the man from GCHQ (he must resent not having a single-letter nom de guerre!) yesterday? I thought it was embarrassingly supine questioning. And if the MI6 man presents his intelligence material [to ministers and officials] with the same hyperbole as he does when he gives evidence, it must be very difficult to distinguish reality from imagination.
I very much agree. The committee was deeply unimpressive — conveying the impression, anyway to congenital sceptics, of being in a too-cosy relationship with the official eavesdroppers, sleuths and burglars, too respectful of them to say the softest boo to an elderly goose. Michael White in the following day’s Guardian was spot on when he said that the three top honchos seemed to have summoned the ISC to meet them, not vice versa. Obviously in an ideal world we should judge people by what they do and say, not by their physical appearance or even by the impression they convey on our television screens. But what these three powerful officials do and say is almost entirely secret: we have no basis for judging them apart from how they strike us on their rare public appearances. Did the three men seem roughly like ordinary sensible people, sharing ordinary citizens’ instincts and concerns (and sense of humour)? Did they show evidence of understanding the importance of balancing the demands of national security against the pressing need to protect our fundamental right to freedom from disproportionate state intrusion into our private lives? Or did they seem dogmatically committed to the principle that security by definition trumps civil liberties whenever and wherever the two collide? For those who watched the whole hearing last Thursday, those questions answer themselves.
The claim that these people are better equipped than the editors of the Guardian and the New York Times to judge (after extensive consultations and redactions) which bits of the various whistle-blowers’ leaked materials can safely be published seems plainly untenable; indeed laughable.
At the ISC hearing none of them was asked, or explained, why their “opponents” (those who threaten our security) were so pleased by the revelation that in order to identify the odd terrorist needle in their gigantic haystack, the intelligence services were obliged to collect such mindless quantities of hay in the form of all your and my emails and telephone calls and other private records, including access to their content. None of the three was asked or explained why we should consent to trust them not to read our emails and records or transcripts of our phone calls, so long as we hadn’t been communicating with the enemy — a kind of variant of William Hague’s deeply objectionable “If you’ve done nothing wrong, you have nothing to fear” riff. None was asked or explained whether the security services were evading bans on eavesdropping on their own nationals by swapping data on other nationals, such as Americans, with sister services, such as the NSA, the US equivalent of our GCHQ. None was asked or confirmed whether our calendars, address books, or medical and bank records are being collected along with our emails and telephone transcripts. None was asked or explained how we can be confident that the scale of the surveillance they conduct is not just convenient and helpful to them but also (in the words of Human Rights Watch) “necessary, proportionate, and subject to adequate safeguards against abuse”. None was even asked to comment on the cause of the immense leaks that have occurred in recent months — namely the American practice of giving access to colossal quantities of highly classified material to literally hundreds of thousands of soldiers and civilians, including contractors not even in the public service, without a thought for the basic principle of the “need to know”. None was asked or volunteered to acknowledge that these leaks had revealed deeply disturbing and gaping holes in the whole system, that the scale of surveillance had got out of hand, and that drastic remedial action was self-evidently and urgently required.
It’s true that if I were a terrorist (which I assure you I’m not), I would be rather reassured to discover that in order to identify a dodgy email I had sent or an indiscreet telephone call I had made, the lads and lasses at Cheltenham would have to sift through billions upon billions of communications that they had inexplicably lumbered themselves with, of which 99.99% would be by definition utterly useless to them (although around 50% might come in handy one day to an aspiring blackmailer, I suppose). Perhaps that’s why the head of the secret intelligence service was so outraged by the Snowden revelations and so sure that al-Qaeda would be “rubbing their hands with glee”.
The salient point that should have emerged from the ISC hearing, but didn’t, is surely this. It is utterly unacceptable that any state organ — or any other institution, come to that — should be allowed secretly to collect and store and be able to read the contents of the personal electronic communications of entire national populations. Knowledge is power, and no conceivable institution should be allowed to possess and potentially to exercise such overwhelming power over a whole population and more. Sooner or later, if this industrial-scale intrusion is permitted to continue, that colossal power will be abused, and by then it will be too late to stop it. As far as I could tell, watching the proceedings live, not one of the three witnesses at the ISC hearing, and none of the committee’s members, showed the slightest sign of awareness of that monstrous problem with which the latest revelations confront us. That is seriously frightening.
Oversight of these power-hungry characters’ activities by a parliamentary committee manifestly unwilling to ask hard questions is clearly of questionable value. Even allowing for the constraints imposed by holding the hearing in public and on television, it’s very difficult to imagine any of the ISC members, hand-picked by the prime minister, seriously challenging the spooks even in their closed and secret sessions. A senior judge also has investigatory and supervisory powers over the three security and intelligence agencies but he or she reports in secret to the prime minister, so we aren’t allowed to know what malpractices the judge may have unearthed and what, if anything, the prime minister is doing about them. I don’t know how else these largely unaccountable officials can be brought under control, and restrained from stealing and storing everything just because they can, at mind-blowing public expense. Any independent invigilator, even a suitably sceptical judge, is liable to be immediately co-opted into the cosy magic circle of those who are, or who are encouraged to believe they are, in the know. The security services charm, intimidate and control those tasked with supervising them by sharing a careful selection of their secrets with them, thus in effect gagging them as well as flattering them. Somehow, though, these scandalous practices have got to be stopped, or we can say goodbye to some of our most fundamental liberties. Remember the Stasi!
The basic jobs of the security service, the secret intelligence service and GCHQ are unquestionably vital and indispensable. There’s no serious doubt that a huge majority of those who work in them are honest and committed, and often brave. Much (but not all) of what they do obviously has to be kept secret. But it is now clear that secrecy has come to mask abuse of power on a vast scale. The Americans and other democracies are taking this seriously and debating possible remedies. President Obama is trying to overcome NSA resistance to his plan to rein in their ability to harvest Americans’ data without any constraint. Other democracies are overhauling their oversight systems. It’s time we in Britain did the same, instead of furiously denouncing Mr Snowden and threatening the Guardian for telling us what we were entitled to know all along.
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At the other end of the scale, power is being abused in a different way. We need to pay more attention to the growing habit of chairs (and some members) of certain parliamentary select committees — you know the ones I mean — of bullying and humiliating those summoned to appear before them as if conducting the Grand Inquisition, giving their defendants absolutely none of the protections and safeguards, such as the right to be legally represented, demanded by due process and the rule of law – in a word, by justice. At some of these hearings there are apparently no rules of admissible or inadmissible evidence, no Fifth Amendment right to refuse to answer if the answer might tend to incriminate the accused, no protection from an impartial presiding judge or defence counsel against bullying by the prosecution, no right to receive, before the hearing, full details of the prosecution’s case. The Grand Inquisitor is judge, jury and prosecutor rolled into one: the defendant is on his own.
A hearing like this is not just an aggressive probing interview of the kind we watch on the BBC Newsnight programme or hear on the BBC Today programme. It is much more like a kangaroo court mated with a show trial, and on national television into the bargain: wonderful entertainment, but at a shocking price Lawyers respect the principle of Equality of Arms in a proper trial, but in these virtual trials by parliamentary committee there’s no such thing. Justice is not served by such one-sided proceedings and it’s deeply distasteful, however unsavoury some of the victims might be.
Some of our MPs are beginning to act like pit bull terriers and rottweilers. Others behave like neutered pussy-cats. There really needs to be a middle way.
Grateful acknowledgements to the Huffington Post for the (slightly doctored) picture, which bears no resemblance to any real persons living or dead.
The savage rise in household energy prices must be a worry for almost everyone in Britain, apart from the super-rich. Ed Miliband has clearly scored a popular bull’s-eye with his promise to freeze them (the prices, not the Britons, although…) if and when Labour comes back into office, and to use the moratorium to reform the dysfunctional market in gas and electricity. But I don’t understand why he hasn’t also promised to end the indefensible system whereby the cost of developing green, renewable energy sources to replace carbons is funded by a flat-rate addition to all energy bills, which is part of the reason for energy being so expensive. I know there’s supposed to be a vital principle that “the polluter pays”, but since ordinary users of gas and electricity have almost no choice of energy source, the imposition of what is effectively a tax on fuel bills which falls most heavily on the poorest seems iniquitous. Transferring to renewables is clearly a social good which should be funded out of progressive general taxation, with the richest paying the most and the poorest nothing. That would bring down energy bills quickly, as well as being much fairer. Labour should promise to end this impost before the Tories (or their junior partners) think of it.
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Talking of rising energy prices, I was amused to hear the energy minister (whose name escapes me) claiming to “wear a jumper in the house” to reduce his central heating bill. Not only did this seem a wonderful example of the “let them eat cake” school of public relations: it also jarred on those of us who refer to the garment in question, when worn by a man, as a sweater, not a jumper. Perhaps the minister was brought up in a home full of women.
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Fresh developments in the “Plebgate” saga continue to unfold before our wondering eyes. Andrew Mitchell, accused by the cops more than a year ago of repeatedly swearing at the policepersons (f. as well as m.) on duty in Downing Street and calling them ‘plebs’ when they wouldn’t let him cycle through the main gates, much later had a meeting in his constituency office with three senior policemen which had been billed as ‘private’. As soon as the meeting ended, the three coppers came out and told the press that Mitchell had refused to give them his own account of what had happened and what, according to him, he had really said. For this alleged failure they said he should resign from his government post (as he was subsequently forced to do). Fortunately Mitchell had had the foresight clandestinely to record the whole meeting, the transcript of which showed that the coppers’ accusation was completely false.
We should add to this the discovery by Channel Four News that the email to another Tory MP from someone purporting to be an ordinary member of the public who claimed to have heard Mitchell utter the fatal p-word and several f-words from outside the gates, turned out to be from a serving policeman who had been nowhere near Downing Street on the day in question: and the evidence of the CCTV cameras that Mitchell’s verbal exchange with the police had lasted only a few seconds, almost certainly too short a time for delivery of the extended tirade reported by the police. There’s more: the police report had alleged that Mitchell’s outburst had visibly shocked several passers-by in Whitehall who had overheard it, whereas the same CCTV cameras showed clearly that Whitehall had been completely deserted at the time, apart from one pedestrian who didn’t even pause or look round as he walked past. Questions began to be asked about the doubtful propriety of giving the Sun newspaper the police’s account of what had happened, and shortly afterwards actually copying the confidential official police log of the episode to the Daily Telegraph. The whole police case begins to look distinctly moth-eaten. No wonder the investigation into what really took place in Downing Street on that night of 19 September 2012, more than a year ago, is still not ready to report while the Director of Public Prosecutions scrutinises the evidence to see whether there’s a case for anyone to be prosecuted.
No-one wins friends by saying “I told you so.” But on 24 September, 2012, just five days after the altercation in Downing Street, and several weeks before the police case began to unravel, I wrote a post on this blog expressing scepticism about the proposition that a man with Mitchell’s background and education would ever use the kind of language attributed to him by the Downing Street police. “Indeed,” I wrote then,
the whole script given (or sold?) to the Sun newspaper (presumably by the police or someone acting for them) reads very strangely, looking much more like a police approximation in imagined toff-ese than what a toff is actually likely to have said. Clearly he swore, doesn’t deny it, and has apologised for it; and anyway ‘pleb’ is hardly the most insulting word in the language, especially as it so obviously says more about the speaker than the person spoken to.
Luckily my apparent prescience is on the record at http://www.barder.com/3739. Not many people were questioning the police account at that early stage. Now not many believe a word of it – least of all the p-word.
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Another (this time minor) mystery about ‘Plebgate’: why does the commentariat continue to talk about Andrew Mitchell having lost his “Cabinet post” as a result of the dispute? Mitchell had been a member of the Cabinet earlier, as International Development Secretary; but at the time of his tiff with the Downing Street police, as Government Chief Whip, he wasn’t. It seems that not many people know that.
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My main excuse for neglecting this blog for so long is that I’ve been busy writing a book – my first, and pretty certainly my last. It’s a funny time to be writing one’s first book in one’s 80th year and I am finding that the actual writing of the book is the least arduous part of the exercise: managing relations with the publisher and the editor in charge of getting the thing published, persuading experts in the field to read your manuscript and warn you of errors – and with luck to provide you with a glowing comment for use as blurb and for marketing purposes, wrestling with the unintelligible forms devised by the US tax authorities to be filled in (or out) to enable them to tax any royalties arising from American book sales, getting advice on which expenses can be set against UK tax on UK royalties, preparing to write the Acknowledgements and compile an index when the page proofs arrive, negotiating the contract with the publishers and trying to persuade them to let you have a few more free copies for distribution to family and friends – all this takes up more time, and sets more booby-traps, than writing the book in the first place.
Fortunately my publishers’ editor is a delightful, patient and unerringly helpful lady, and comments from experts who have read the manuscript (if 15 Word files can be called a manuscript) have been uniformly constructive and positive. In case you’re interested, the book is definitely not a memoir or autobiography, diplomatic or otherwise, nor is it a novel or other work of fiction, although it has superficial elements of both. I shall be reporting progress from time to time on this blog and I may put extracts from it on my website in due course: watch this space! In the meantime, there’s already a lot of information about it on my publishers’ website, at https://rowman.com/ISBN/9781442226357 (click all four tabs there, “Description”, “Author[s]“, “Table of Contents” and especially “Reviews“). That web page still shows the publication date as next July, but in fact the scheduled publication date has been brought forward to the spring of next year, since I transmitted the finished product to the publishers earlier than they had expected. Start saving up for a copy now! End of commercial.