The Counter Terrorism and Security Bill: a potential further erosion of citizenship rights in the United Kingdom

Hayley Hooper

Hayley J. Hooper assesses the notion of ‘temporary exclusion orders’ proposed in new anti-terrorism legislation. She highlights the orders can be made without judicial oversight and argues that passing the Bill risks giving parliamentary legitimacy to a policy adverse to human rights.

The Counter Terrorism and Security Bill was introduced into the House of Commons on 7 January 2015 using a semi-fast-track procedure. The Bill provides for new powers to seize travel documents from individuals suspected of terrorism, for increased powers to retain internet data under the Regulation of Investigatory Powers Act 2000 (RIPA), and more intrusive measures under the Terrorism Prevention and Investigation Measures Act 2011.

This comment focuses on one aspect of the Bill: the ‘temporary exclusion orders’ (TEOs) proposed in Chapter Two. These TEOs would allow the Home Secretary to make an executive order to invalidate an individual’s passport whilst s/he is abroad if there is ‘reasonable suspicion’ that s/he has been involved in terrorism or terrorism related activity outside of the United Kingdom. Such orders may remain in force for up to two years. This means that affected individuals can only return to the UK if they become the subject of a ‘managed return’ during which they may be subject to conditions consistent with obligations in the existing Terrorism Prevention and Investigation Measures Act.

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If the debates do not go ahead, it will be the fault of self-interest on the part of the main parties and the broadcasters

Nicholas Allen

Whether there will be debates this year in advance of the 2015 General Election is open to question, with partisan and corporate self-interest threatening to overwhelm the process by which inclusion in the debate is governed. Nicholas Allen argues that this brinksmanship threatens the debates taking place not only in a satisfactory manner, but going ahead at all. 

The negotiations between the broadcasters and the political parties to stage televised leaders’ debates in 2015 have entered a new stage of brinkmanship. The current round of bluff and counter bluff was triggered in early January by Ofcom’s interim decision not to include the Green Party (including the Scottish Green Party) in its list of Britain-wide major political parties. This decision greatly weakened the party’s claim to be included in at least one of the proposed debates.

In response, David Cameron upped the stakes by publicly refusing to participate unless the Green leader Natalie Bennett was allowed to do so as well. And in response to Cameron, Ed Miliband, Nick Clegg and Nigel Farage have now joined forces and called for the debates to take place anyway and for an ‘empty podium’ in Cameron’s place if he chooses not to participate. Inevitably, the political parties claim to be acting in the public interest, so too the broadcasters. Equally inevitably, all the interested parties are acting in their own interests.

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Almost unnoticed, a new Agreement has been negotiated to try to end political deadlock in Northern Ireland

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Brian Walker offers a comprehensive overview of the Stormont House Agreement, passed just before Christmas. Although it attracted little comment from the outside world, the Agreement sought to take action on longstanding issues underpinning the recent deadlock.

The background

At first sight, apart from coinciding with great festivals of the Christian calendar, the contrast between the Stormont House Agreement negotiated by the Northern Ireland parties two days before Christmas and the historic Good Friday (Belfast) Agreement of 1998 (GFA) could hardly be greater. The GFA brought thirty years of violence to an end and the Assembly into precarious existence. Stormont House passed with little comment from the outside world and even at home. Although the executives of the two main parties the unionist DUP and the republican Sinn Fein endorsed the deal, it is far from clear what exactly has been agreed. True, the threat of breakdown was never far away in the outworking of the GFA. Towards the end of last year rumbles of impending collapse were heard again but this time they lacked conviction. No one has an interest in collapsing the system today. All the same, the need for a basic examination of power sharing had become pressing as relations had soured. With sporadic trouble in the streets and the continuing threat of violence from republican dissidents, the leading parties the DUP and Sinn Fein were torn between their roles as sectarian champions and their responsibilities as partners in government, with the former too often winning out.

The all-party consociational form of government the GFA introduced had indeed been successful in locking opposite political poles together. The big question for the negotiations at Stormont House, a residence for UK ministers, was whether the system could allow for breakout from the communal constraints to produce something closer to “normal” government for a “normal” society. So after weeks of talking about an extending agenda of deadlock, the parties seem to have felt they could not afford to walk away with nothing.

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What would a minority government be like?

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As the election approaches, Peter Riddell explores the very real prospect of a minority government and considers the challenges which would be likely to arise from such a scenario.

Paul Goodman was right to argue on Conservative Home in November that a minority government may be more likely than a full-blown coalition if there is a hung parliament next May. The bruises from the current coalition and changes in party strengths since 2010 have shifted expectations against a further coalition. And a lot of thought is now under way as to how a minority government would function, and how long it might last.

First, if you thought the ‘five days in May’ of 2010 tested the political and media worlds’ patience, we could be in for an even longer wait in five months’ time. At least in 2010, the first and third parties in terms of numbers of MPs added up to a clear Commons majority.  But some recent polls suggest that the first and third parties may not pass the winning post for an overall majority, even discounting the handful of Sinn Fein MPs who will not take their seats.

That calculation makes much harder not only the formation of a coalition, but also reaching an informal arrangement. A multi-party deal is possible, but in theory only since the fourth, fifth and sixth parties, whether the SNP, DUP or UKIP have nothing to gain by allying with the larger parties.  Of course, the SNP could be ahead of the Lib Dems on some projections, which makes a deal even less likely. And that could takes us back a century to when the Irish Nationalists held the balance of power.

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10 Years of Freedom of Information in the UK: Tony, Tension and Turbulence

Ben Worthy

Ben Worthy looks at how the Freedom of Information Act has come to work in practice and the debates around whether it is ‘good’ or ‘bad’. He argues that on balance it appears to be a success, bringing very public benefits and potentially unseen positive outcomes at local level as well.

‘The truth is that the FOI Act isn’t used, for the most part, by ‘the people’. It’s used by journalists. For political leaders, it’s like saying to someone who is hitting you over the head with a stick, ‘Hey, try this instead’, and handing them a mallet’ -Tony Blair 2010

‘The Freedom of Information Act has enhanced the UK’s democratic system and made our public bodies more open, accountable and transparent. It has been a success and we do not wish to diminish its intended scope, or its effectiveness’ – House of Commons Justice Select Committee 2012 Post-Legislative Scrutiny of FOI

These two comments sum up the difficulties of measuring how successful the UK Freedom of Information Act has been. It isn’t just about statistics on numbers of requests, users or refusals (though there are some here if you are interested). What people think also shapes how it works and how others then behave. So a former Prime Minister sees it as one of his biggest mistakes while a Parliamentary committee see it as a vital part of democracy. Which is it?

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Better intergovernmental relations for better devolution

Alan Trench calls for a more systematic approach to intergovernmental relations between the devolved and UK governments. He argues that leaving matters to be handled in ad hoc, reactive, unstructured way is no longer an option.

Intergovernmental relations are key to making devolution work effectively. The Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly all operate in a wider context of governance across the UK, and how their functions overlap with those of the UK government (and each other) is vital for all four governments and all UK citizens. The Smith Commission’s recent report pays a good deal of attention to the need to ‘beef up’ intergovernmental co-ordination as part of the package of further devolution.

The UK government is not very interested in managing intergovernmental relations, however. It put in place an attenuated under-institutionalised set of mechanisms in 1999, and has allowed these to weaken or fall further into disuse since then. The key institution is the Joint Ministerial Committee (JMC). Plenary meetings of this body ceased altogether between 2002 and 2008; they have been more or less annual since then, but are characterised by grandstanding rather than productive work. The JMC’s ‘Domestic’ format has nearly ceased to function, as so few policy issues concern more than one devolved government. The only established format of the JMC which does meet regularly, and does more or less what it was expected to, is the EU format which helps formulate the UK ‘line’ for major EU Council meetings, though there are problems even there. In reality, most intergovernmental issues are bilateral, and with few exceptions they are dealt with in an ad hoc, casual way, out of sight of public or legislatures. As a result many important issues slip through the net.

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Understanding the resurgence of English national identity

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On 14 December Michael Kenny, Professor of Politics at Queen Mary, spoke at a Unit seminar on English nationhood and the current debate around the English Question in British politics. Sally Symington reports on the event.

Michael Kenny’s talk ‘Understanding the Resurgence of English National Identity’ placed the current policy debate about the English Question in a wider context and brought to bear some of the values associated with English national sentiment upon some of the proposed solutions. Kenny drew on the results of his research project (sponsored by the Leverhulme Trust) which are detailed in his recent book ‘The Politics of English Nationhood’. The analysis triangulated quantitative polling data and qualitative research regarding the kinds of meaning people attach to their English identity in order to give a deeper and more rounded understanding of the issues. Kenny also discussed the territorial political dynamics which have contributed to the situation whereby the Conservative party makes the idea of English Votes for English Laws (EVEL) a salient part of its political and electoral appeal.

Kenny argued that it is important to distinguish between, on the one hand, a politicised English nationalism (apparent in attitudes of about 25% of the population) and a much broader and more significant pattern involving shifting forms of national self-awareness. In his opinion, the rise in English national consciousness pre-dates devolution; indeed it can be traced back to the early-mid 1990s and arguably even to the 1930s. The European issue, the bumpy shift to post-industrial economy and debates about the viability of the UK all contributed to growing English consciousness and since 2006-07 have been supplemented by a populist, grievance fuelled notion of a ‘golden-age’ for England. However, Kenny saw the broad consensus of ‘English’ identity break down in London where the prevalence of ethnic minorities results in a much higher rate of self-identification as ‘British’; this is one of the antinomies of England to which Kenny referred in respect of English nationalism.

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