The EU, UK and civil liberties

Via the Convention on Modern Liberty‘s Twitter feed and following yesterday’s post on German concerns about the EU being used as a democratic bypass comes news of a worrying development for the freedom of every EU citizen:

People may be aware of the debate in the UK over access to communications data… but are less familiar with the role the UK government has played in the EU, where it first proposed mandatory data retention, backed by France, Ireland and Sweden, in April 2004. The final stages of its passage through the EU came under the UK presidency of the council, and their officials crawled all over the European parliament to get it passed. Despite widespread opposition from more than 200 civil society groups, the EU data protection commissioners and many in the parliament organised an alliance of the PSE (Socialist group, of which they are part) and the centre-right PPE (Conservative group) to steamroller it through in December 2005…

We have good reason to be very critical of the authoritarian direction the government has taken at home, but we should be equally vigilant of what the UK government gets up to in the EU – and at the same time wake up to the fact that many of the threats to our freedoms and liberties now originate from the EU. Indeed, the surveillance society, which makes suspects of us all, is to be the centrepiece of the next five-year plan for EU justice and home affairs to be adopted later this year (pdf).

As the Convention on Modern Liberty tweet noted, “EU law is now a major threat to privacy… And it’s not eurosceptic to say that”.

But, of course, this in nothing new. I noted the Blair government’s attempts to use the EU to force through unpopular changes a few years back, and was disgusted [on ID cards] and outraged [over internet regulation proposals - the first hints of this current unpleasant legislation] at the time. The real problem is, as ever, the governments of the member states and their ability to wrap up such deals behind closed doors at meetings of the Council – combined with a lack of reporting on the EU in the mainstream press that allows major national newspapers like the Guardian to fail to notice such distasteful legislation until it has already been passed, challenged in court, and passed again.

Give the people of Europe more say in how the EU is run, give the European Parliament more power to halt such unpleasantness, then press reporting on EU affairs would become more attentive, such moves by member state governments to abuse both the EU and its citizens would be spotted sooner, and effective pan-European opposition could be mobilised. As it is, everyone only finds out after it’s too late – no amount of attempts to highlight dodgy legislation from a mere small blog such as this one will ever reach enough people in time.

Meanwhile, let’s just sit back and marvel at how it is the UK – that last European bastion against the forces of totalitarian repression during the 1940s – that has been the driving force behind EU legislation that would not look out of place in Hitler’s Germany, Stalin’s Russia, Mussolini’s Italy, Franco’s Spain, Salazar’s Portugal or Vichy France.

Come on, EU – you’re meant to be better than this.

Update: Oh, the irony – the European Commission’s now complaining about people trying to steal its confidential data. What out OUR confidential data, Commission types?

European Commission: It’s not racist to target a particular ethnic group for police persecution

Good news for fascists today – according to the EU, it’s no longer racist to target a particular ethnic group based on folklore that suggests they’re all criminals.

Up next from Italy and the EU, fresh policies to deal with the threat of witchcraft from little old ladies with pet cats (mostly involving rivers, rocks and bonfires), special breeding programmes to provide more hunchbacks so we can rub their humps for luck to get out of the credit crunch, and a new drive to round up all Jews into ghettoes to prevent them from using their vast wealth and international network of spies and accomplices to secretly rule the world.

El Pais has more (in Spanish – or automatically translated)

On the Shadow Home Secretary’s resignation

Three thoughts on all the Westminster excitement (for non-UK readers, the short version – the Shadow Home Secretary has resigned his seat as MP to force a by-election, which he has announced that he intends to fight on the single issue of the erosion of civil liberties in Britain, following the contentious and close vote to extend the legal period of detention without trial to 42 days):

1) No one (outside of blogland) really cares about a bunch of muslims being locked up (and no one outside of blogland thinks the risk of anyone other than terrorist suspects being affected is a serious one). Nor do they care much about ID cards and a national ID database, or about there being loads of CCTV cameras invading our privacy every second of the day with no discernible impact on crime rates (the “if you’ve done nothing wrong you’ve got nothing to hide” mentality still being massively dominant) when their house price is plummeting and/or it’s costing more to fill up at the pumps and do the weekly shop. The next election will almost certainly be fought over the economy, with Gordon Brown’s ten years as Chancellor being painted as ten years of luck that set us up for a crash by the Tories, and as ten years of stability showing Gordon Brown to be the best man to weather the economic storm by Labour. Civil Liberties are simply not an election-winning issue.

2) This is aimed at Cameron far more than Labour, and smacks of sour grapes that Davis hasn’t got the influence within the party to make this a central plank of the Tory attack strategy. He’s throwing his toys out of the pram, because two-time leadership loser Davis can’t hack that he’s not the boss. He almost certainly does believe (pretty much) everything he says on the civil liberties front – he’s got a decent enough track record, (though his support of 28 days does raise a few questions and contradictory positions on gay rights do cause some concern) – but it’s hard not to see this as anything more than another internal Tory party spat.

3) It is, however, moderately interesting that one of the most senior opposition frontbenchers sees parliament’s influence as so diminished that it’s easier to spread his message (pretty much literally) from a soapbox. Maybe someone should get the man a blog…

(Far more interesting, of course, is the result of the Irish Lisbon Treaty referendum – expected later today, and expected to be very close indeed. But will there be any irregularities that may allow a legal challenge from the losing side?)

Poland, witch-hunts and Solidarity

Anyone even slightly familiar of the chain of events that led to the fall of the Soviet Union and European communism will be aware of the importance of the Solidarity movement. Short version: it was one of the sparks that helped bring the entire system crashing down – a popular, grass-roots protest against the repression of the communist state that showed beyond all doubt that the dictatorship of the proletariat was little more than dictating TO the proletariat.

As such, you’d think that any suggestion that either Tadeusz Mazowiecki – one of Solidarity’s leaders, imprisoned for his crime of freedom of expression, and Poland’s first non-communist Prime Minister after the Second World War – or Bronislaw Geremek – another leading member of Solidarity who went on to become Poland’s Foreign Minister in the 1990s – would have pretty impeccable credentials as opponents of communism, right?

Not according to the current Polish government.

I’m late with this, and had been meaning to do something earlier – not least after Alex Harrowell called for a blogland attempt to show solidarity with Solidarity a few days ago.

In short, the Polish government has passed a law demanding – not for the first time – that “leading public figures” (journalists and academics as well as politicians) sign an oath stating that they are not, nor ever have been communists, and that they never “collaborated” with the old communist regime.

Yes, this is a way of disposing of political enemies. No, it should not be allowed. In fact, I’m pretty damn certain that under the terms of Poland’s EU membership, it isn’t.

That, however, has not prevented this controversial Polish law from depriving Geremek of his – democratically elected, please note – seat in the European Parliament – depriving not only his constituents of their democratic representative, but the EU as a whole from benefiting from his decades of political experience. This press release gives some of the background (and three cheeers to British MEP Graham Watson for being the one to bring up the question.

There are all kinds of potential ramifications for the working of the EU if this is allowed to go unchallenged – after all, it means that any member state could unilaterally decide to disqualify its sitting MEPs and keep replacing them until it has ones it likes, which is hardly democratic.

But Geremek is just the most high-profile tip of the iceberg, thanks to holding elected office (Mazowiecki is currently less prominent outside Poland, despite being co-founder of one of Poland’s most prominent liberal political parties and the author of the preamble to the current Polish constitution).

Hundreds – thousands, even – of Poles are also being forced to sign this declaration. Politicans, civil servants, journalists. Even ignoring the distasteful nature of such forced declarations and the stupidity of such a thing in a country in which anyone working in the public sector aged over the age of about 35 most likely had to work with the old communist authorities at some point, this law is spreading beyond Poland in its effect. It is not just a national issue.

Because not only has an MEP now been deprived of his seat thanks to devious and distasteful machinations within his own nation state, now people who are not even Polish nationals – indeed, who were not even in Poland during communist rule – are being forced to sign. How do I know? Because the chap who runs the Poland-centred Beatroot blog has been told he has to if he wishes to continue working as a journalist in the country.

Poland is in sore need of its own version of Edward Murrow at the moment. The web might be the answer. Clamp down on freedom of speech and freedom of association? No thanks, chum.

Poland is increasingly becoming a continent-wide problem – and if the current Polish government isn’t challenged soon, the damage may take years to fix. So, as the Beatroot asks, sign the petition in support of Geremek, and make some noise about what’s happening to both him and others in Poland. Write to MPs, write to MEPs, blog about it, whatever. We may all be powerless as individuals, but the whole point of Solidarity was that together we can achieve great things. It’s increasingly beginning to look like it’s time for a new, Europe-wide Solidarity movement in support of Polish freedom from the new lot of nutjobs they’ve got in charge.

Added Polish unpleasantness, just to emphasise the point:

“Police raided the house of ex-construction minister in the previous SLD government, Barbara Blida, investigating allegations she had been involved in corruption when allocating building contracts. Blida went to the toilet, accompanied by a female police officer, when, somehow, she put a hand in a drawer in the bathroom, pulled out a gun and shot herself dead through the chest.”

Nice lot, eh?

Extraordinary rendition: the verdict

Sorry – missed this yesterday… The [tag]European Parliament[/tag] has yet to vote on the final report following its investigation into CIA [tag]extraordinary rendition[/tag] flights in Europe, but finalised it is (and you can download it from the temporary committee’s website in umpteen different languages).

In short:

“It is implausible, on the basis of the testimonies and documents received, that certain European governments were not aware of the activities linked to extraordinary rendition on their territory… [it is] implausible that many hundreds of flights …could have taken place without the knowledge of either the security services or the intelligence service”

Quick and easy:

  • * 10 EU governments knew of the secret (and illegal) CIA flights, and lied to cover up their actions
  • * Austria, Italy, Poland, Portugal and the UK criticised for lack of co-operation
  • * Also evidence of flights in Bosnia, Cyprus, Denmark, Former Yugoslav Republic of Macedonia (FYROM), Germany, Greece, Ireland, Romania, Spain, Sweden and Turkey
  • * Sanctions should be imposed against them
  • * More than 1,245 flights since 11th September 2001
  • * “in the majority of cases [these] involved incommunicado detention and [tag]torture[/tag]“
  • * “[there is a] strong possibility that some European countries may have received… information obtained under torture”
  • * EU foreign policy chief [tag]Javier Solana[/tag] criticised – “Mr Solana clearly knew more than he revealed to MEPs”
  • * Council of the [tag]European Union[/tag] (aka the Council of Ministers) criticised for lack of co-operation
  • * EU counter-terrorism co-ordinator Gijs de Vries: lacks credibility
  • * UK: 170 flights positively identified
  • * Former UK defence minister [tag]Geoff Hoon[/tag]: Criticised for lack of co-operation
  • * UK Foreign Office adviser Michael Wood: Shock expressed at his “torture’s OK, m’kay?” legal opinion
  • * Poland: Singled out for criticism, but no categorical proof of secret CIA prisons in the country
  • More: Deutsche Welle, the Independent, EU Observer, Former UK Ambassador Craig Murray, EurActiv

    The European Parliament’s Socialist Group (to which the UK’s Labour party MEPs belong….) has backed the report, the EPP-ED group has criticised it for being biased and inaccurate, so it may still not get through the European parliament without a fight. A lot of people in a lot of governments want this suppressed as much as possible.

    Not that they really care, of course – it’s not like anyone’s going to be able to force them to act on it…

    Protest exclusion zone

    Looks like now the initial interest has died down they’ve started testing the protest exclusion zone law again, briefly arresting Brian Haw and an unnamed woman yesterday “on suspicion of obstructing police”> Considering Haw’s barely moved from his position on the Parliament Square roundabout (which is all it effectively is) for four years, and that there are no pedestrian crossings to the patch of grass opposite parliament where he stages his lone protest, it sounds like the police must have gone out of their way to be obstructed by the guy. It’s hardly like he’s easy to miss – that’s the whole reason the government are so keen to evict him…

    Hidden in the budget aftermath

    That “glorification of terrorism” nonsense has just passed in the Lords. To say that the tactics of Nelson Mandela and his allies in opposing apartheid achieved a good thing and were laudible will shortly – technically – become illegal. Hurrah.

    To cheer yourselves up after that, check out Blunkett’s pathetic excuses about that loans business, and join in the heckling in the comments. Great fun – Comment is Free proving its worth after a lackluster opening week.

    Charles Clarke – I hate you

    Charles Clarke – I hate you and everything you stand for.

    A passport, a “voluntary document”? Bollocks, mate. I’m renewing mine now – that’ll last for ten years. In ten years time I’m quite likely to be living abroad and raising a family. I suppose when it’s up for renewal I could always get a divorce, leave the wife, kids, dog and job and come back to the UK to start over anew, couldn’t I? Or perhaps I could simply take citizenship with a more civilised country where they know how to treat their people with respect – which is becoming an increasingly attractive option.

    Well done, Labour – you’ve overturned a lifetime of traditional, patriotic upbringing (in a family descended from one of the heroes of the British Empire) and made me start to despise my country. Good job.

    Bunch of fucking Labour cunting cunts

    Arrest Detain an 82 year old under the Terrorism Act for shouting “nonsense” at someone talking nonsense?

    I’m not sure I can express my views on this without swearing profusely, so I’m, glad other people already have. (Legal explanation, anger and surprisingly calm disgust in turn.)

    For Christ’s sake, the guy’s been a member of the party for 60 years – that amount of loyalty surely deserves a little respect? Or doesn’t it work both ways?

    Had I ever been a member of the Labour party, and had I not had the bollocks to quit already over their shameless shift to the authoritarian centre right, surely witnessing their thugs assault a pensioner would be the clincher? But then again, if you’re still a member of the party you’ve either got to have an insane amount of hope, faith and patience or simply not care about all the deaths and fuck-ups Blair’s caused. If the former, you’re deluded if you think your voice is ever going to be heard, as yesterday’s events prove; if the latter, you’re an abject cunt.

    Party membership is never something I can approve of at the best of times – summons up all sorts of images of Nazi Germany and the Soviet Union, none of which are pleasant, which is why I have never and will never join any party – but Labour party membership today I cannot even slightly understand, and especially the continued membership of old Labour supporters.

    Why? How can you approve of what they’re doing? How can you still think that this is the party you used to know? How can you still cling to the hope that they might, possibly, someday swing back towards the political ground they once occupied? How can you justify continuing to give them your money to enable them to pay hulking security guards to assault octogenarians?

    I simply do not get it. I can’t come up with a single logical argument for it, nor any take on current Labour policy which could in any way be described as left-wing. Can anyone justify Labour party membership any more? Can anybody justify the Labour party?

    Update: Heckler returns to hero’s welcome, while meanwhile,

    “The Labour Representation Committee claimed there had been intimidation of delegates, allegations of corruption of the democratic process and ‘blatant gerrymandering’ of the conference agenda.

    “It alleged that emergency resolutions to the conference had been excluded for ‘spurious’ reasons, that delegates received text messages from party officials telling them which way to vote and that speeches had been ‘planted’ by party officials.

    “Labour MP John McDonnell, chairman of the committee, said: ‘Enough is enough – we cannot put up with this treatment any longer.

    “‘We need a thorough independent investigation into the whole New Labour culture of intimidation, suppression of dissent and the gerrymandering of conference.’”

    And this from an MP hardly known for his rebellious nature – until, that is, the most recent splurge of stupid legislation on gambling, terrorism, freedom of speech, ID, immigration, public private partnerships, judicial reform, etc. etc. etc.

    Poor Charles Clarke!

    Awwww! Poor Charles Clarke! His massively intrusive plans for poking into every aspect of our insignificant lives seem to have run into a bit of opposition: the European Telecommunications Network Operators’s Association has branded Charlie’s data retention plans illegal, dubbed their effectiveness unproved, and estimated the cost to be prohibitive (see, e.g., The Guardian). Meanwhile MEPs have accused the Blair government of “exploiting the fear factor” and dishing out “summary justice”. Blair has been dubbed Big Brother by one French newspaper (and no, that sadly doesn’t mean he’s going to get his flabby mantits out and shove a wine bottle up his jacksy), while Germany, France and Denmark are all lined up in opposition. Good.

    Still, no one yet seems to have picked up on Clarke’s comments about ID cards – that’s where this is really heading…

    Our government is trying to screw us while we’re not looking

    Charles Clarke’s speech to the European Parliament from this morning (link courtesy of a kindly comment).

    Apparently the reason some people are wary of the EU is that it “does not appear to give sufficient priority to offering practical solutions which make a difference to some of the issues of greatest concern” – namely EEEVIL TERRORISTS, organised crime and asylum seekers. Let’s ignore the fact that people have been wary of the concept of the EU since its inception, shall we? And while we’re at it ignore that the original concept was economic, not judicial… Done? Excellent! Now that we’ve constructed a false history we can make that fiction fit our arguments. Hurrah!

    These issues can, argues Clarke, “be used by poisonous demagogues to undermine the very democracy which has in some cases so recently been created.” By, for example, providing excuses for detention without trial, the collation of vast amounts of personal data on individuals by the state, the abuse of the voting system to perpetrate fraud via the post and secure a parliamentary majority on the votes of just 22% of the electorate, and the execution of innocent men on mere circumstantial evidence without any attempt at an arrest, let alone a trial. Hurrah!

    And so Clarke confounds with truth: “in our globalised world no single country can tackle these problems alone, even in their own country”. Eh? That makes sense. He’s up to something… Ah – a couple of paragraphs on – it’s political point-scoring against (unspecified) isolationist parties – which can only really mean UKIP, Veritas and the BNP in the UK. Are they that much of a threat to Labour? Hmmm…

    And then: “The second principle that must underlie our approach is to strengthen the foundation of practical and pragmatic police and intelligence work” – “pragmatic” eh? What, precisely, does the Safety Elephant mean by that, exactly? Fears begin to bubble to the surface again… I always thought pragmatism was based on facts and an understanding of cause and effect – for example, if you don’t know for a fact that someone is a terrorist, you don’t shoot them in the head – for you realise that the effect may be detrimental to the overall counter-terrorism operation. You acknowledge that your own actions may have acted as a catalyst to an existing situation, and wonder how the effect of that new cause can be lessened. Is Charlie going to announce the end to shoot-to-kill and a bold new government strategy for calming the situation in Iraq? I can’t quite put my finger on why, but I doubt it…

    He then, of course, brings up the European Arrest Warrant as a practical, pragmatic approach. Yet fails to mention it has been struck down as unconstitutional in Germany and that it retains serious flaws (as in a British citizen could be forcibly extradited to, say, France to face trial in French courts with no right to first have a hearing in Britain to determine the validity of the charges). He also brings up the need for “cross-border prosecutions” – perhaps thanks to that terrorist chappie fighting extradition from Italy – which he seems to be doing fairly successfully in spite of the European Arrest Warrant, it must be said…

    “But it is the third principle which I believe poses the greatest challenge in its modern application. That principle is that we need to use intelligence effectively and intelligently to target, track down, identify and convict the criminals who through terrorist violence and committing serious and organised crime threaten the security and strength of our society.”

    So, despite earlier hints that the data retention proposals were going to be proposed as all about organised crime with terrorism as an added bonus, now Charlie’s lumping terrorists in with other criminals – fair enough, to an extent, but another new shift in the Blair government’s approach on this one.

    “Of course criminals and terrorists use modern technology: the internet and mobile communications to plan and carry out their activities. We can only effectively contest them if we know what they are communicating. Without that knowledge we are fighting them with both hands tied behind our backs.”

    And they’re all probably paedophiles too! The interweb’s full of criminals, terrorists and paedophiles! Hey – why stop at the internet – these devious criminals and terrorists can utilise the postal service to send each other – *shudder* – LETTERS! We need to open every letter and parcel to be really sure! And carrier pigeons! How can we be certain that the birds in Trafalgar Square aren’t the sinister tools of a vast network of EEEEVIL TERRORISTS?

    “This is not a sterile debate about principles but about practical measures to contest criminality and out opponents.

    “Practical measures, eh? Collecting and storing every phone call, text message, email and history of website visits of all 450 million people in the EU is a practical measure now, is it? Having the already overstretched intelligence services having to search through all that incomprehensively vast quantity of information on the off-chance that they can identify a criminal group or terror cell is a practical measure now, is it? I know technology’s come on immensely in recent years, but methinks Mr Clarke is either somewhat optimistic or simply a fucking idiot if he truly believes that.

    But data retention’s not all. As predicted, Clarke’s trying to get ID cards in through the back door:

    “That is why we argue that internationally consistent and coherent biometric data should be an automatic part of our visas, passports and identity cards where we have them � and would even suggest driving licences as well.”

    This, Clarke admits, “can only be achieved through international agreements, particularly in the European Union” – because he knows all too well that they’ll never be able to pass the kinds of measures they want through the British parliament, or get them past the suspicious Chancellor, nervous of the insanely vast cost of this hare-brained and intrusive scheme.

    But how can he possibly do this when “we now possess many hard-fought rights such as the right to privacy, the right to property, the right to free speech and the right to life”? Well simple – it’s not the people trying to compile data on every part of our lives and pry into every aspect of our daily communication. It’s not the people who want to lock us up without trial and who have ordered shoot-to-kill policies without telling us. Oh no – according to Clarke: “Those rights are actively threatened by criminals and terrorists.” Of course! It’s not the government that’s actively trying to destory our freedoms, just the people who want to rob or kill us.

    Clarke then agrees that “In making these judgements we need to reflect in each case on the balance between the civil liberty being effected and the increased security being achieved to ensure any changes we make to the status quo are proportionate and reasonable.” Well, Charlie boy, I can answer that one – no, no they are NOT proportionate and reasonable.

    Giving the state the power to pry into my personal email correspondance, to track my location via mobile phone, to record my phone calls and pry into my billing information without the express permission of a court of law based on the submission of evidence that I may be a threat, but merely on the whim of a random official is most certainly not anything like reasonable. Trawling through everyone’s personal correspondance JUST IN CASE they may be up to something dodgy grants the state a position akin to omnipotence, a power that is simply too great. Yet it will not be omnipotence, because there will remain areas into which the government cannot pry. And those will be the areas to which the professed target groups – the criminals and terrorists – will retreat.

    And for the record, Mr Clarke, your claim that this “will not lead to the mass surveillance of our citizens and unnecessary invasion of their right to privacy” is one that you give no guarantees of other than your word. And the word of a politician (as John Humphrys rightly pointed out) is not to be trusted. Or did we forget the manifesto promise not to introduce university tuition fees already? Even if the current government has no plans to abuse this new-found, vast power, who’s to say future governments won’t?

    And finally he goes on to attack human rights. After all, the right not to be tortured is only a minor right in the grand scheme of things:

    “Our strengthening of human rights needs to acknowledge a truth which we should all accept, that the right to be protected from torture and ill-treatment must be considered side by side with the right to be protected from the death and destruction caused by indiscriminate terrorism”

    Christ… The fact that he then goes on to talk about “safety and security under the law” simply shows how much contempt he has for everyone listening – namely the democratically-elected Members of the European Parliament whose views will likely be ignored as soon as Clarke, Blair and co can secure an international agreement via other sources.

    And he ends with the wonderful conclusion – as yet to my knowledge not proposed by any other source as it’s so fucking stupid – that the French and Dutch no votes in their constitutional referenda were due to a desire for greater police powers in the struggle against international terrorism. Because, you know, any other explanation wouldn’t fit the current agenda – which is why they’ve dropped the previous line that the “No” votes were due to a dislike of the EU budget and Common Agricultural Policy…

    Fucking ANGER. Apologies for lack of sense/rage etc – rattled off from the top of my head while reading through the damn thing. I dislike Charles Clarke intensely, and this government more and more by the day. Come on, Tories/Lib Dems, sort yourselves out. We need someone to take these fuckers to task over this. We need a proper sodding opposition to these dangerous, ill-thinking bastards, and we need one now. They can’t be allowed to get away with slipping this through from overseas. We need demands for Commons votes, and we need the Labour backbenches to be mobilised in opposition to this dangerous, expensive and useless attempt to turn the state into the biggest peeping Tom of all time.

    In short: Gah.

    (Now also at The Sharpener)

    The EU, the Blair government and ID cards

    Heads up, people – ID cards propaganda phase two is under way, and it’s starting in the gloomy recesses of the EU where no newspaper ever dares send its reporters.

    Today the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) will be addressed by two British representatives, Simon Watkin (Chair of the Co-operation in Criminal Matters Working Group – which effectively doesn’t exist according to Google – and former Private Secretary to David Blunkett during his time as Home Secretary, where he helped found the Home Office’s Hi-Tech Crime Team and worked as head of the Covert Investigations Policy Team) and David Johnson (from the Metropolitan Police’s Special Operations department).

    Today’s meeting will be followed on Wednesday morning by a debate with Home Secretary Charles Clarke and Justice, Freedom and Security Commissioner Franco Frattini in the European Parliament on “ways to combat terrorism more effectively without undermining civil liberties”.

    The aim of both Clarke’s Wednesday debate and today’s meeting? To convince the EU to legislate to enable law enforcement agencies to access and store pretty much any information they want from “public communications networks” – i.e. phone calls, emails, ISP records, the works – “for the purpose of combatting crime, including terrorism”. Basically, phone tapping (and its various internet cousins) would become fine and admissable in court. But lurking behind this is the spectre of ID.

    The emphasis in that quote above is mine – it comes from this.pdf of today’s Committee agenda, and seems to mark a subtle shift in the government’s rhetoric and tactics for all of their planned electronic surveillance of their own population. Remember that whole business with Tony McNulty admitting that the government had “over-sold” ID cards (at a Fabian Society meeting sponsored by, erm, a company specialising in IT and biometrics, according to Private Eye)? That was the first clue that the approach was changing.

    In the wake of Charles Clarke’s admission that ID cards wouldn’t have prevented the London bombings – not to mention the fact that the terrorists all seem deliberately to have carried or left existing forms of ID and that the majority were “clean skins” never flagged as potential threats – any claims that ID cards would help prevent terrorist attacks seem like even more nonsense than they did before. So now it will be crime in general which is the professed target, with the few counter-terrorism benefits they can come up with tagged on the end.

    But simply shifting the emphasis to win over the gullible public won’t be enough. Opposition to ID has been growing amongst MPs, and with his reduced majority Blair can’t be certain of getting an ID card bill through unamended any more. Then there’s the added – and more serious as far as Blair’s concerned – problem of the Chancellor. Gordon is worried about cost, and the Treasury could end up vetoing any further “progress” towards the database state.

    British delegate to today’s meeting Simon Watkin has long been aware of the difficulties of getting legal permission for “data retention” as this report of an October 2003 conference demonstrates – he mentions the restrictive “need for primary legislation” twice in the space of a couple of paragraphs. It’s just too tricky to get the concept of this kind of ID card through a British parliament – the more they learn about it, the less they’re going to like it. It’s just not very British, let’s face it, and gives the state far more potential power over the individual than it has posessed in centuries. That’s enough to make a lot of backbenchers very squeamish indeed.

    So, your own Treasury is reluctant and your own parliament can’t be trusted to vote the way you want them to? Simple – pop over the Channel and try and get your plans imposed on the country from Brussels (or, in this case, Strasbourg). ID cards – even if not quite such hardcore ones as Blair’s lot want to impose – have existed in several EU states for years. Most can’t see the problem, and would likely not need to change much should some new EU legislation over ID come into force – in Germany, Italy and France, not to mention several other countries, ID cards are simply a fact of life. So French, German, Italian and God knows how many other MEPs would – the Blair government hopes – simply not understand the fuss, and vote through new legislation, to become binding on Britain, without even thinking about it.

    Game, set and match Blair – ID cards get introduced without a vote in parliament, Gordon can’t complain about the cost without getting into trouble with Brussels, and any public complaints about the new bits of intrusive plastic can be fobbed off with the old “it’s the EU’s fault – it’s out of our hands” excuses which get trotted out pretty much any time European governments think they can get away with it.

    Not good, folks. If you can track down reports of these meetings, or hear of any more, I reckon they’d be grateful of a tad more publicity – after all, the whole point of this scheme is to have more information, surely?

    German ID

    In Actual Fact on the practical side of ID cards:
    “What was surprising yesterday was that four people, in Bundesgrenzschutz uniform got on the train at Colmar in France and during the 10km journey to Saarbr�cken in Germany, went through the entire train demanding to see the ID/Passports of everyone on board. After showing one of them my passport, I asked the man (who was, I should add, friendly, courteous and polite) why border passport controls were still taking place 15 years after Schengen. ‘Oh, it�s not a border control,’ he said, ‘just a random, spot check’”

    Welcome to Blair’s identity card Britain.