A different Kettle of facts

On Saturday Michael Kettle - well known New Labour supporter and fan of Tony Blair - wrote an article in The Gaurdian attacking the film entitled "No, we are not living in a Police state". I have written a letter back, but while we wait to see if they publish it, the text is in full below. It did originally have a lot more fruity language in and several jokes about John Ried, but Tim advised me to keep it a bit more reasoned if I want to get it published.

Orginal Kettle Article

My response:

Dear Sir,

It was flattering to open the weekend papers and see that my new documentary, 'Taking Liberties' was not only to be reviewed by the cinema critics but its arguments addressed by the political columnists.

It is a pity, therefore that Martin Kettle ('No, Labour has not turned Britain into a Police State', The Guardian, 9 June, 2007) seems to have misconstrued the core arguments of the film and in doing so, appears to be engaged in what might be equally misconstrued (surely) as patronising point-scoring. Still, I'll reply directly to Kettle's main criticisms.

Firstly, that I paint a picture 'difficult to square with the evidence'. Kettle argues that protest is alive and well in the UK because some people still manage to protest near parliament. True, if you apply for permission a week beforehand then you may be given a license to demonstrate, but this is simply not acceptable in a liberal society. There are quite often times where spontaneous protest is necessary in a democratic society. Would the Government politely give us a week's notice before it starts to bomb Iran? US Secretary of State, Condoleezza Rice, refers to the ‘Town Square Test’ i.e. if you can walk to the centre of your town and publicly criticise your government without fear of arrest you live in a free country. By this test Britain is no longer free society.

Kettle asserts that 'it is untrue that Blair has taken away an ancient right to demonstrate near the House of Commons. There never was any such ancient right.' The issue is rather that in English Common Law the assumption is that an act is permitted unless it is specifically forbidden by statute. Previously this was not forbidden, now we need permission. The government has sought to criminalise what has been previously permissible behaviour, including peaceful protest. The government has gone further, enabling the police to hand out £80 fixed penalty notices for 'crimes' as ludicrous as wearing t-shirts bearing the words 'Bollocks to Blair' - not a crime last time I checked, though as this government has created over 3,000 new offences it will take a while to look.

One of the more common criticisms of the film also raised in the article has been my alleged suggestion that a direct comparison can be drawn between the current government and Nazi Germany. If true, I would agree with Kettle, but we do not live in a police state, yet, and Tony Blair is no Nazi, whatever some of the lunatic fringe may wish to persuade you. What the film does do, however, is give a worst case example of what can happen when civil liberties are taken away: certain initial steps that lead us towards authoritarianism, such as removing the right to protest, the right to privacy and imprisonment without trial.

I want the film to sound a warning that just because we may trust our current leaders, we simply do not know who is going to take the reigns of power in the future. Kettle may be delighted to give up all his personal freedoms to the current Prime Minister, but he cannot know who will inherit them and how irresponsible they may be. I believe it is not yet too late to reclaim some of our essential liberties, but who can say when it will be?

Kettle praises John Reid for his 'emollient tone' in his recent announcements on terrorism. Perhaps he did not hear the Home Secretary’s proclamation that he may soon declare a “state of emergency” to derogate from the Human Rights Act if it prevents him from taking steps deemed against Human Rights. It also seems that when Gordon Brown is already demanding that the pre-charge detention limit is extended yet further to 90 days, that New Labour's onward march against our ancient rights and freedoms will continue undiminished despite Blair’s departure.

What has impressed me most about responses to this film, reflected also by its contributors, is that they go beyond simple left-right partisanship. Yes, I am heavily critical of the current government, but believe firmly that challenges to free speech, the right to protest, the right to privacy and imprisonment without trial to name but a few issues, whether well intentioned or not, threaten the future stability of democracy for left and right alike. So, no, New Labour has not turned Britain into a police state, but it has made it easier for a government in future to do so, and we may not be as far from it as Martin Kettle believes.