Savage Popcorn

Henry Porter, in the Independent, attempts to document Blair’s nine-year assault on civil liberties that reveals the danger of trading freedom for security.

There is a demonic versatility to Blair’s laws. Kenneth Clarke, a former Conservative chancellor of the exchequer and home secretary, despairs at the way they are being used. “What is assured as being harmless when it is introduced gets used more and more in a way which is sometimes alarming,” he says. His colleague David Davis, the shadow Home Secretary, is astonished by Blair’s Labour Party: “If I had gone on the radio 15 years ago and said that a Labour government would limit your right to trial by jury, would limit - in some cases eradicate - habeas corpus, constrain your right of freedom of speech, they would have locked me up.”

Indeed they would. But there’s more, so much in fact that it is difficult to grasp the scope of the campaign against British freedoms. But here goes. The right to a jury trial is removed in complicated fraud cases and where there is a fear of jury tampering. The right not to be tried twice for the same offence - the law of double jeopardy - no longer exists. The presumption of innocence is compromised, especially in antisocial behaviour legislation, which also makes hearsay admissible as evidence. The right not to be punished unless a court decides that the law has been broken is removed in the system of control orders by which a terrorist suspect is prevented from moving about freely and using the phone and internet, without at any stage being allowed to hear the evidence against him - house arrest in all but name.

Freedom of speech is attacked by Section Five of the Criminal Justice and Public Order Act, which preceded Blair’s Government, but which is now being used to patrol opinion. In Oxford last year a 21-year-old graduate of Balliol College named Sam Brown drunkenly shouted in the direction of two mounted police officers, “Mate, you know your horse is gay. I hope you don’t have a problem with that.” He was given one of the new, on-the-spot fines - £80 - which he refused to pay, with the result that he was taken to court. Some 10 months later the Crown Prosecution Service dropped its case that he had made homophobic remarks likely to cause disorder.

There are other people the police have investigated but failed to prosecute: the columnist Cristina Odone, who made a barely disparaging aside about Welsh people on TV (she referred to them as “little Welshies”); and the head of the Muslim Council of Great Britain, Sir Iqbal Sacranie, who said that homosexual practices were “not acceptable” and civil partnerships between gays were “harmful”.

The remarks may be a little inappropriate, but I find myself regretting that my countrymen’s opinions - their bloody-mindedness, their truculence in the face of authority, their love of insult and robust debate - are being edged out by this fussy, hairsplitting, second-guessing, politically correct state that Blair is trying to build with what he calls his “respect agenda”.

The Independent got it from Vanity Fair, so you can also read it here.

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