Home Secretary Theresa May has announced that [ISA] registration, due to begin next month, has been put on hold.

There will be a review of the entire vetting and barring scheme, with a scaling back to “common-sense levels”.

The government says the vetting scheme would have been “disproportionate and overly burdensome”.

Mrs May told the BBC that the measures were “draconian”.

“You were assumed to be guilty until you were proven innocent, and told you were able to work with children,” she said.

“All sorts of groups out there were deeply concerned about this and how it was going to affect them.

“There were schools where they were very concerned that foreign exchanges could be finished as a result of this, parents were worried about looking after other people’s children after school.”

The government is now contacting 66,000 organisations, including charities, voluntary groups and education authorities, to tell them that the planned registration is being cancelled.

Excellent news, really quite an impressive step in the right direction, particularly by a Conservative Party which in the past has been so succeptible to moral panics. In fact it’s highly impressive that May has used the term ‘draconian’ to describe the scheme, but it remains to be seen what this ‘scaling-back’ will involve. The ISA has already caused significant damage to the social fabric, presuming as it does that everyone is a paedophile unless they can prove otherwise. The Vetting and Barring Scheme was one of the most serious blights on the rule of law under New Labour, allowing the ISA to decide on people’s suitability as ‘safe’ to work with ‘vulnerable’ people (which would inevitably widen in its scope and definition over time) based on heresay and personal prejudice, with the most threadbare of rights of appeal.

The ISA, left unchecked, will send the message to younger people that everyone older than them is a potential threat, will make it more difficult for younger people to learn how to risk assess meaningfully for themselves, and will allow government to make decisions which are best suited to local people and local communities. After all the Soham murders, which the ISA was set up in response to, weren’t caused by an absence of child protection at the school which Ian Huntley worked at. And Huntley would never have worked at that school if existing protection provisions had been properly adhered to, and only gained contact with Jessica Chapman and Holly Wells because of their association with his girlfriend. The ISA could never have prevented that, indeed such a bureaucracy will never adequately be able to detect child abuse, which is invariably perpetrated by someone children already know (and who won’t be on a database). Is there a problem with paedophilia and child abuse? Of course, but it’s not best tackled through over-reliance on a database, nor by subverting the rule of law. We can only hope that the coalition really has understood that it can’t prevent risk, can’t protect everyone, and must allow employers and voluntary organisations to exercise their own expertise and discretion.

The only credible solution would be for the ISA to be wound up.

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The toughest lesson to draw from the Whitehaven tragedy is that there might be no lesson at all. We cannot stop people having rows at home or work, taking leave of their senses, finding a gun and going berserk. Such things rarely happen. But even the most authoritarian state must allow some personal liberty, and everyone accepts the resulting risk. No free community can be wholly safe without losing its freedom.

And this is at the entire core of what’s not working in society right now, isn’t it? A zero-sum game has been forced up into cabinet decision-making about the prevention of risk, about ‘safeguarding’ those who can’t be safeguarded, about ‘protecting’ everyone by throwing the civil liberties of everyone away. What’s brilliant about Jenkins’ article is that he takes issue with the concept itself. You can’t protect children by presuming every adult is a paedophile, it’s just absurd. You can’t protect every politician by presuming every voter is a terrorist, and demonising the exceptions to the rule only teaches society that there are easy answers to be had where there may be no answers at all. He goes on:

When the bossy Labour minister Ed Balls banned pictures of children in schools and vetted parents for sex crimes, the bounds of public sanity were strained. Yet no one stopped him. People muttered, “Well, you can’t be too safe.”
On every First Great Western train, an announcement is made after each stop telling passengers to look about for suspicious people or parcels and report them immediately to the police. It makes for a miserable journey. If you enter a government building, you are told that the current alert status means an imminent terrorist attack is “highly likely”. This serves no purpose but to frighten people into conceding the Home Office ever more power.

Yup entirely right, and this is what’s important to remember. New Labour wasn’t alone in creating the Independent Safeguarding Authority (ISA). This belief that a super bureaucracy could possibly vet and safeguard every (any?) credible threat to children’s safety didn’t only originate with super-authoritarian Balls – he just went along with it. Did the rest of parliament stop the ISA in its tracks? Not at all. Has the media really had the balls to question the social damage that it’s continuing (under Nick Clegg’s new socially liberal era) to inflict? Not at all. We decided, and government decided it was in its interests to accept, that we wanted to prevent any sort of risk at all, and contracted out the implementation of our decision to government. It was completely ignorant of history, it has taught the upcoming generation nothing at all about how to risk assess wisely and has perversely led us (as Jenkins points out) to request ever more control of us by government.

Was it because of the absence of long-held certainties, like the Cold War, or pre-globalisation economic orders? Maybe. With society itself now marketised, not just economies, it’s entirely possible that the resulting discomfort (and government-propagated fear after 9/11) has led us, sheep-like, to ask our political masters to provide us with one cornerstone to put our trust in – safety. But Jenkins goes on to say:

There is no such thing as safe. There is only safer, and safer can require the greater watchfulness that comes with taking risks, witness new theories of road safety. Removing risk lowers the protective instinct of individuals and communities, and paradoxically leaves them in greater danger. But there is no government agency charged with averting that danger. There is no money in it.

Entirely right, and it’s worth remembering that although Nick Clegg has promised a groundbreaking bill, repealing the authoritarian excesses of New Labour, he hasn’t actually put his money where his mouth is yet – noone in the ConDemNation coalition has. Control orders? Unchanged. The Digital Economy Act? Unchanged. Any changes to the ISA, when quangos are apparently a ‘bad thing’? Nope. Jenkins argues that this is all motivated by money. When you compare what the coalition has promised to change with what’s actually going to change it seems like he might be right. It’s time to stand up for allowing risk to resume in society, for ‘protection’ to be proportionate and the need for it assessed by individuals once more. The industry promulgating this trend has to be torn down, but in an age of extraordinarily craven politics, the means can only come from us. Why should a profitable industry wind itself up, after all?

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“protect our freedoms from state encroachment” on the one hand and “encourage greater social responsibility” on the other.

She then goes on to add:

No explanation is given as to how to achieve these triangulated aims without weakening the protections we now have in the HRA.

It’s also not quite clear what those aims actually mean in practice. The language is quite reminiscent of New Labour’s similar idea of a British Bill of Rights and Responsibilities, although when discussed at the Convention on Modern Liberty early last year the idea was kicked thoroughly into touch for failing to identify what additional responsibilities should be codified other than to obey existing criminal law. Both parties have in recent years tried very hard to conflate civil rights with human rights, and have notably attacked the latter when rulings under the HRA haven’t been to their political benefit. But that’s not a sufficient reason to replace the Act, quite the opposite in fact, particularly, as Richard Norton-Taylor acknowledges:

All the Human Rights Act, brought in by the Blair government, really did was incorporate the convention into UK domestic law, avoiding long and expensive delays in disputed European court cases.

And as of an interview in the Times yesterday morning the Deputy Prime Minister wasn’t having any watering down of the HRA or any suggestion of its repeal. Clegg said:

“Any government would tamper with it at its peril.”

In response, Theresa May, the new and already illiberal Home Secretary has seemed to back down:

May was asked about the manifesto promise in an interview on BBC Radio 4′s Today programme, she downplayed the significance of this pledge. “We did say that we thought the Human Rights Act was not working in certain areas,” she said.

She went on: “We are currently in discussions with our coalition partners about what we will be doing in this area.”

‘Discussions with our coalition partners’? We can only hope they went along the lines of  ’you tamper with it at your peril’, but there are pressures for both sides to do just that. The HateMail has unsurprisingly gone on the offensive:

A flagship Tory pledge to tear up the Human Rights Act has been watered down in the coalition pact with the Liberal Democrats.

In opposition, the Conservatives repeatedly promised to replace Labour’s controversial legislation with a Bill of Rights.

But Government sources said last night that an independent commission would now be established to examine the ‘feasibility’ of the move.

‘Are we going to replace the Human Rights Act with a Bill of Rights? Very possibly,’ said one. ‘But the commission is going to look into all that.’

A commission? Shami Chakrabarti, Director of Liberty, has said:

“A coalition that has attempted to tie itself together with the language of civil liberties cannot now renege on fundamental human rights.

Given the way in which Liberal Democrats all the way up to the Deputy Prime Minister vowed to defend our Human Rights Act, any attempt to dilute it would spell the end of this Coalition – and rightly so.

Governments like people are bound together with common values not vested interests. There is nothing more British than the free speech, fair trials, personal privacy and rule against torture protected by the HRA.”

Yet the final coalition agreement accepts this commission. We have to hope that its findings aren’t against retaining the HRA – both for our sakes, and for the Deputy Prime Minister’s political future. Helena Kennedy concludes:

it may be very tempting for the Liberal Democrats to carve out victories on some areas of reform by making concessions elsewhere. This is why we have to make it clear that the terrain of human rights must not be the ground on which any further deals are done. Human rights have to be non-negotiables in this new political landscape.

And Clive Baldwin warns:

Experience shows that a taste for human rights acquired in opposition can soon wear off in government. Once comfortable behind their desks, new ministers tend soon to find the very repressive and authoritarian measures they decried in opposition rather congenial and useful once they sit in government. Let’s hope that the novelty of coalition government can buck that trend.

I couldn’t agree more. It would be alarming if the new Prime Minister actually negotiated effective repeal of the HRA and achieved his ambition of curbing the power of the judiciary:

And it’s why we will abolish the Human Rights Act and introduce a new Bill of Rights, so that Britain’s laws can no longer be decided by unaccountable judges.

It’s a second gripe about the HRA, it isn’t related to the first, and is a common refrain from the Right – ‘unaccountable’ or ‘activist’ judges must be stopped from interpreting codified, semi- or actual constitutional laws, because it interferes with the legislators’ political agendas. But to suggest the Act is at fault because judges have been free to interpret the European Convention on Human Rights from a British perspective makes no sense other than a political one – the judges and the Act get in the way, and the Tories would prefer they themselves had control over human rights law in the UK. Except the UK would still be covered by the convention.

The immediate effect would be to effectively deny access to the European Court for those who really need it because they simply wouldn’t be able to afford it – it’s dog whistle politics, Tories agreeing amongst themselves that some people deserve access to human rights, and not others. But Helena Kennedy is right – human rights are human rights – they are (and must be kept) universal. A replacement, which the final Coalition Agreement hints at, would water down the principle of universality and endanger those most in need of human rights protection. Clegg surely understands that, and given the rumours that all other disagreements in the coalition are being referred to similar ‘commissions’, it does look as though this battle will remain at stalemate. Any other outcome would surely smash the coalition into smithereens.

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Landmark legislation, from politicians who refused to sit back and do nothing while huge swathes of the population remained helpless against vested interests.

Who stood up for the freedom of the many, not the privilege of the few.

A spirit this government will draw on as we deliver our programme for political reform: a power revolution.

A fundamental resettlement of the relationship between state and citizen that puts you in charge.

Andrew Copson, BHA Chief Executive, said:

‘Much in this new Government statement accords with the BHA’s policies we set out in our own manifestos ahead of the election and with the principles of human rights, democracy and the rule of law. We particularly welcome moves to increase freedom of speech, and a reformed House of Lords which, by being fully elected, would necessarily remove the right of Bishops to sit in our second chamber.’

‘We also look forward to making our case for the repeal and revision of unjust, restrictive and discriminatory laws, such as those which require compulsory worship on our school children – a clear violation of their freedom of conscience – and those which unfairly restrict the right to free speech and protest.’

I think Copson is generally right but there are serious problems here. Clegg’s ideas are laudable, but there are as yet no indications as to how he thinks he’ll implement them – moving children of asylum seekers from one detention centre to another (particularly one with a notorious reputation) is not a remotely adequate solution. Much of the push towards ID cards came from within the civil service itself, and there is still an entrenched authoritarian culture in government agencies which needs urgent tackling; just yesterday the new government took the same stand on control orders as its predecessor.

I don’t just expect a repeal of New Labour’s surveillance state laws, I expect a change in culture to uphold the rule of law and to abide by evidence-based policy making. That means not just accepting the European Court of Human Rights’ ruling on the National DNA Database, but abiding by rulings against denying prisoners the vote and on the legality of Section 44 of the Terrorism Act. I’m worried that now in government Clegg is going to pick and choose what works for him and what doesn’t and not challenge the vested interests, defeat of whom really would make the “most significant programme of empowerment by a British government since the great enfranchisement of the 19th Century” much more than overexcited hyperbole.

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by Josie Appleton

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Of course we didn’t, but of course we can’t vote for a coalition – you can only ever vote for the one party you’d most like to represent you in parliament. So why the vicious diatribes are continuing is a complete mystery to me – we got the result we voted for, regardless of actual intent. But commentators are disagreeing, suggesting that the ConDemNation coalition is illegitimate and not reflective of the will of the people. From Johann Hari:

Elections are supposed to be an opportunity for the people to express the direction in which they want the country to travel. By that standard, this result is an insult. Don’t fall for the people who say the Lib Dem vote was “ambiguous”: a YouGov poll just before the election found that Lib Dem voters identified as “left-wing” over “right-wing” by a ratio of 4:1. Only 9 per cent sided with the right. Lib Dem voters wanted to stop Cameron, not install him. So before you start squabbling about the extremely difficult parliamentary arithmetic, or blaming the stupidly tribal Labour negotiators for their talks with the Lib Dems breaking down, you have to concede: the British people have not got what they voted for.

From Mehdi Hasan:

Clegg has betrayed progressives across the length and breadth of Britain. He had a once-in-a-lifetime opportunity to repair the century-old rift on the centre left and forge a radical and progressive alliance in favour of electoral and constitutional reform. I suspect Labour will now sit on its hands in any future referendum and the Lib Dems might be on their own campaiging for a “Yes” vote. Their new partners in government have already stated their plans to oppose any change to our dysfunctional first-past-the-post system.

Clegg has also betrayed the longer-term strategic interests of his party for crude and short-term tactical gains.

What neither of them calculates however is what the likely effects of forcing the Tories into a short-lived minority administration would have been. Getting blamed as the party which refused to underpin ‘strong and stable government’ would have been an appalling (and probably disastrous) moniker to enter an October election with, which remember the Tories could easily have fought and the Lib Dems not. It’s all well and good to decry the loss of a mythical ‘progressive alliance’ with Labour but a) that coalition would have been an unstable, minority alliance and b) has collective amnesia suddenly struck about Labour’s 13 year record? ID cards, abuse of the National DNA Database, attempts to lock people up without charge for 45 and 90 days, interference in inquests and the right to jury trial, destitution of asylum seekers and the detention of their children, the Digital Economy Act, Section 44 of the Terrorism Act, denying the vote to prisoners, the Iraq War, RIPA and SOCPA legislation – were ANY of these pieces of legislation and invasions of privacy, breaches of civil liberties and human rights ‘progressive’? I think not. Why Hasan, Hari and others ignore these points is a complete mystery to me.

I don’t like the Tories in Number 10  - I really don’t. But we have a Great Repeal Bill on offer, which is likely to include some, if not all, of Deputy PM Clegg’s Freedom Bill, and indeed have seen initial successes such as the end of ID cards and the National Identity Register, not to mention the end of detention of refugees’ children. Is it entirely likely that early, and ‘savage’ budget cuts will cause serious social and economic disruption over the next 12 months? Yes, and the Lib Dems might well damage themselves beyond repair by being directly associated with them, but given that Labour rebuffed their advances to attempt a coalition with them, I don’t know why there’s so much sniping at a party which at long last finds itself to enact large swathes of its platform. It was the best out of a bad set of choices. How on earth is that a betrayal?

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The Home Office, the Cabinet Office, and various other departments have cherished the idea of a population register for decades. The problem is not that it is not going quietly; it is that it is quietly not going. The tendrils of an official obsession with identity and information-sharing are everywhere: from the helter-skelter attempt by Connecting For Health to suck up 30m sets of medical records during the election period, to the secondary legislation that from this autumn requires pubs and clubs to ask for proof of identity in specified forms when checking drinking age.

No2ID started as a tactical response to a single initiative, but we rapidly found ourselves at war with a Whitehall culture of mass supervision that demands we be forbidden from trusting one another, but must trust official databases absolutely. Though I think their hearts are in the right place, I am waiting to see whether Messrs Cameron and Clegg have the stomach for that war. If they have, then there is much to be done.

Still, bravo to the new administration for taking the first step to protect our privacy and autonomy. Rolling back the database state remains a huge task, but it has started.

That assessment is pretty sharp, and it’s one I’ve wondered about over the last couple of years. New Labour’s ‘Safeguarding Identity’ document clearly came straight out of the civil service and just got fronted by successive, hapless Home Secretaries. It and other strategies smacked of officials presenting solutions for the sake of it, then needing their political masters to develop problems to fit into them. It’s very much a cultural problem in Whitehall, which I’m sure wants to sink its tendrils into the coalition, and it’ll be interesting, given the tensions which will affect the Tories and Lib Dems differently, to see how each party reacts to that over time. We’ve won the biggest battle in the war against the database state, but that war is far from over.

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Both Parties that now form the new Government stated in their manifestos that they will cancel Identity Cards and the National Identity Register. We will announce in due course how this will be achieved. Applications can continue to be made for ID cards but we would advise anyone thinking of applying to wait for further announcements.

Until Parliament agrees otherwise, identity cards remain valid and as such can still be used as an identity document and for travel within Europe. We will update you with further information as soon as we have it.

The question will remain I suppose whether the coalition will tear up New Labour’s ‘Safeguarding Identity‘ document – their insidious attempt to redefine the relationship between the individual and state for the 21st century. If not then there’s scope for the scheme to return, but this augurs well, at least for this area of civil liberties.

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Self-employed home tutors, of whom there are 750,000 in the UK, have been asked to register by the agency – the Independent Safeguarding Authority – but are not obliged to do so. Three quarters of respondents in a poll of 525 tutors, conducted for thetutorpages.com, said they had no intention of registering on the so-called vetting and barring scheme. They said the database was intrusive and would damage trust built up between parents and tutors.

Four-fifths believe it will fail to stop abusers harming children, while 68% argue it will lead to miscarriages of justice.

Deryn Cullen, a cello tutor from Leeds, said the database implied tutors were “guilty until proven innocent”.

He said: “Whilst I appreciate the need for parents’ peace of mind, I have built up an excellent reputation as a teacher and responsible adult. I obtained an enhanced CRB certificate when I was working as a peripatetic cello teacher and no one has ever asked me to show it. I always give parents of my students the option to sit in on the lesson – especially in the early stages, when the child may feel insecure being in an unfamiliar environment.”

Henry Fagg, director of thetutorpages.com – a site that puts parents in touch with tutors – said many home tutors saw registration as “unnecessary, bureaucratic and intrusive”.

He said: “The very fact that the government has decided to exempt self-employed tutors, who regularly go into family homes, from having to register in the first place, speaks volumes. The reality is that tutors work very closely with parents and have a relationship built on trust. This scheme is in danger of undermining that bond of trust as it breeds the suspicion that every adult who works with children is a potential paedophile.”

What a brilliant article, which highlights beautifully the insidiousness of the ISA. It would damage trust built up between parents and tutors. It does imply everyone forced to be vetted is guilty of being a paedophile until they prove themselves innocent (and at their cost). It is unnecessary, bureaucratic and intrusive and will damage every relationship of trust between adults and children or young people which it covers. Presuming everyone is a paedophile actually puts children at risk, by diverting bureaucratic attention in entirely the wrong direction, leaving real abusers (who are rarely likely already to be on the database) to continue abusing the vulnerable undetected. Trust between individuals used to be a hallmark of how our society operated, but New Labour has decided it must now be after scrutiny by poorly trained and remote bureaucrats, and approval by vetting schemes. It’s not a natural way for anyone to relate to one another, let alone adults and children, and it’s good news that so many people are preparing to rebel against the ISA.

The Independent Safeguarding Authority must be abolished.

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Speaking to the Guardian, the Lib Dem leader said he was shocked by the lack of reference to civil liberties in the Labour manifesto, and highlighted his own plans to scrap the next generation of biometric passports, and its communication base.

He said: “It’s a measure of the authoritarian streak of the Labour party that it didn’t refer once to liberty in its own manifesto.

“Civil liberties and individual freedoms are part of the DNA of the Lib Dems. It makes a compete mockery of the claim by Gordon Brown that he can speak for progressive voters in other parties when his own party has turned its back on one of the cornerstones of progressive politics.

The manifesto, part of which has been seen by the Guardian, proposes to set up a “stop unit” inside the Cabinet Office responsible for preventing anti-libertarian legislation, including the creation of new criminal offences.

Now that really is a clear blue line between the parties. I fully accept that many outcomes of the authoritarian project have been accidental – the RIPA legislation for example hasn’t been used remotely as intended, and nor for that matter has Section 44 of the Terrorism Act, although it’s probably debatable whether either piece of legislation was ever necessary. Joined up thinking like this is what we were promised in 1997, but it never happened.

The Liberal Democrats claimed scrapping biometric passports could save £3bn over the course of a parliament, the first time the party has mentioned this saving. It also calls for regulation of closed-circuit television, measures to stop councils spying on people, and new guidelines to prevent unfair extraditions to the US.

The manifesto says the Lib Dems would stop children being fingerprinted at school without their parents’ permission and promises to restore the right to protest by reforming the Public Order Act to safeguard non-violent protest.

Restrictions would be introduced to narrow the scope of injunctions and there are proposals to protect free speech and investigative journalism.

Very nice. It’s something which was discussed last night at the Hostile Reconnaissance event. Grand principles are being brushed aside in the name of ‘security’, and it’s time particular protections such as these were itemised, codified and legislated for.

The party is in favour of reforms to the English and Welsh libel laws: corporations would have to show damage and prove malice or recklessness to mount a successful court challenge against journalists. The party also calls for a £10,000 cap on individual donations, down from its previous pledge to impose a £50,000 cap.

More like it yet again. Just what were Labour promising again?

At the manifesto launch on Wednesday, Clegg will promise to scrap control orders, which can use secret evidence to place people under house arrest, as well as reduce the maximum period of pre-charge detention to 14 days. The second-generation biometric passport, which includes fingerprints, is not due to be scrapped by the Tories, even though they do propose to drop the national identity register.

What’s clear here is that the Lib Dems are committed to rolling back the authoritarian agenda itself. The Tories are promising to make tweaks here and there and changes of focus, but the agenda itself under them would without question remain. These commitments give voters a reason to vote for them actively, rather than just voting against the other main parties. I wonder though what pressures they would find themselves under if they really were in government, given that (again as came out in the Hostile Reconnaissance event last night) the party is wedded to neoliberal economic policies? So much of Labour’s agenda has arisen from that reality, and I wonder what any Lib Dem’s views on this are.

But the Lib Dems will argue it is not necessary to spend billions of pounds on storing fingerprints in passports, and say Britain already has a type of biometric passport known as an e-passport, which stores 16 facial measurements (along with your name and passport number) in the chip at the back.

Clegg said he would also scrap the communications database for which companies would be paid to store information about everyone’s email and internet use, including storing data about what you do on social networking sites such as Facebook and online computer games.

It sure sounds good. Is it now incumbent for as many of us as possible to vote Lib Dem at any cost in order to express our feelings on this vitally important issue?

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Bungling officials have labelled 15,000 innocent people as criminals in the past six years.

The blunders by the Criminal Records Bureau, a Home Office agency, amount to around seven smears every day.

The victims discovered they had been branded sex offenders, violent thugs or fraudsters when they had a CRB check before a new job. Many went through lengthy appeals to clear their names.

Our Freedom Of Information probe found the CRB coughed up an incredible £290,000 last year alone in “apology payments” to the worst-affected victims.

Most of the bungles involved CRB checks being mixed up, or incorrect details being given out by staff.Others involved police releasing information which was recorded wrongly when an offence was committed.

This is the effect of large-scale state bureaucracy on society. It’s being reflected by the Independent Safeguarding Authority (ISA), it would be reflected through the National Identity Register, and it’s downright sinister. Supporters of the government’s authoritarian agenda insist ‘if you have nothing to hide, you have nothing to worry about’, but evidence such as this keeps coming up to prove otherwise. Using a contracted-out agency to determine for employers and voluntary organisations who’s worthy and who’s not worthy in society will inevitably skew the entire basis of human relationships, and make what might otherwise be minor administrative errors catastrophies for those affected by them. It’s shameful how prepared this government has been to reduce people down to mere statistics on databases, when the evidence has been that the databases are inevitably incompetently managed and frequently abused. Far worse though has been the extent to which people have bought into the database state in the name of convenience, given the extent of the misery it’s responsible for.

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The Conservatives have dropped their opposition to the government’s crime and security bill, including its controversial provisions to allow the police to retain the DNA profiles of innocent people for up to six years.

Instead of blocking the bill, the shadow home secretary, Chris Grayling, made a fresh commitment that the Tories would bring in early legislation to ensure the DNA profiles of innocent people arrested for minor offences would not be retained on the national police DNA database.

“We will not seek to block this bill because the indefinite retention of innocent people’s DNA is unacceptable and has been ruled illegal,” said Grayling.He added that on taking office the Conservatives would also change the official guidance to the police, to give people the automatic right to have their DNA withdrawn from the database if have been wrongly accused of a minor crime.The decision follows a threat by the home secretary, Alan Johnson, to ditch the DNA provisions of the crime and security bill entirely, unless the Conservatives dropped their opposition to keeping profiles of innocent people on the database for up to six years.

Johnson said this morning he would pull all provisions from the amendment bill today if the Tories refuse to assent to the government’s plans. The bill is destined for this afternoon’s wash-up session to complete the government’s legislative programme ahead of the dissolution of parliament for the election.

Johnson told Sky News: “This is a basic example of how they [the Tories] talk tough on crime but act soft.”

I don’t normally use strong language on this blog, but what a cynical bastard the Home Secretary is. He’d rather play politics with one of the most important human rights issues in Britain today, and keep the country in breach of the Court’s ruling, instead of ensuring there was a system of appeal for people even to argue for their removal from the database. Yet more undemocratic game playing in the ‘wash up’ period by a government which has presided over the most out-of-touch, corrupt and inept parliament in living memory. The right to privacy and the presumption of innocence are commodities too precious to use as electioneering bargaining chips. When will this abuse end?

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For the changing Labour Party and its supporters in the media and the intelligentsia, the murder of Bulger became powerfully symbolic – of out-of-control communities, of the rise of individualism at the cost of community solidarity, and primarily of the dangers of ‘too much freedom’. It is striking that it was Tony Blair, who was then shadow home secretary but would later, of course, become the colossus of New Labour, who most keenly exploited the Bulger tragedy. For him, the killing was not a mercifully rare or inexplicable occurrence, but a ‘hammer blow struck against the sleeping conscience of the country, urging us to wake up and look unflinchingly at what we see’.

What Blair and his supporters saw was a society that needed more ‘order’ and ‘respect’ – his two favourite buzzwords of the time. The killing of Bulger revealed a ‘moral vacuum’, said Blair in 1993, and ‘if we do not learn and then teach the value of what is right and what is wrong, the result is simply moral chaos, which engulfs us all’. Blair had already been presenting New-ish Labour as the true party of tackling crime (he made his famous promise to be ‘tough on crime and tough on the causes of crime’ just a month before Bulger was murdered) and as one sympathetic biographer points out, the Bulger killing finally showed that Labour ‘had taken the issue of law and order away from the Conservatives and made it part of the Labour agenda’.

It’s a strong and unsettling piece of analysis, particularly the line about ‘too much freedom’. In the last 13 years New Labour has used that implied excess to justify its entire authoritarian experiment, from underpinning its identity strategy to attempting to lock people up for 42 days without charge, to justifying the Digital Economy Bill. Because there haven’t been mass protests in the streets, because the tabloids aren’t currently campaigning against the Independent Safeguarding Authority, you have to assume Blair got it right, at least in electoral terms. There does appear to be an attitude that ‘too much freedom’ is a bad thing, which just manages to justify the surveillance state, despite continuing potshots taken against it. O’Neill is right when he later describes the whole ‘rights and responsibilities’ narrative: obedience to the state before you are allowed to access constitutional basics which had previously been sacrosanct. It’s not how the modern state has ever operated before, but at least New Labour is winning against evil teens and pre-teens, and then the bogeymen it’s developed since: paedophiles, terrorists and ‘pirates’; order is everything, and who’s to know it’s all a fraud?

Through the permanent demonisation of Jon Venables and Robert Thompson New Labour has managed to convince us that there are people in our midst who are fundamentally evil, whom we need absolute protection from. The ISA, ID cards, the Digital Economy Bill, you name it, the name of the game is to protect through subjugation. It’s an equation which has proven successful in different ways in Russia, China, Singapore, even the United States (Patriot Act anyone?), and given the right-wing dominance over the press in this country I don’t see it coming apart any time soon.

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• the government will be able to ban whatever website it likes, in secret and for no reason;
• the music industry (which is not suffering at all as a result of piracy) will get to control whether or not your family is able to access the internet at all;
• the government is convinced that banning people from the internet entirely is necessary to stop piracy, yet the majority of those engaged in ‘illegal’ downloading spend more on copyrighted material, not less;
• a new Tory/Liberal Democrat proposal, if endorsed by the Commons, would frighten websites the music and film industries don’t like into taking themselves offline;
• internet cafes, university wifi networks and the growing democratisation of the web will be destroyed, because the Bill will attack providers, not for their actions but for the actions of even just one of their users.

Does anyone really think this makes sense? There is survey evidence that young people (and who’s representing their interests at the upcoming general election?) will just find new means to bypass the government’s censorship proposals, but that’s not the fundamental point. The point is this: corporate Britain and New Labour are in cahoots, not to empower communities, but to make the excessively rich much richer and at the cost of your civil liberties and human rights. If you think that that would put us on the road to becoming China then join me at the demonstration organised by the Open Rights Group on the 24th March outside Parliament.

If you don’t stand up for your rights they will be taken away from you. It’s just how this government operates.

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Where’s the evidence that retaining DNA profiles of innocent people on the scale (and without any debate) perpetrated by the Home Office has actually led to more matches and more convictions? Oh there isn’t any. But hey vote Labour folks, after all they have policies which may breach human rights, but they make you safer. Except they don’t. Instead we have police forces which fail adequately to protect the public, but admitting to that wouldn’t be a vote winner in marginal seats. This started out as a government committed to human rights; its third attempt at retaining power proves it’s now more interested in power. That’s something we should be afraid of. New Labour, New Danger.

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