Not standing against Davis is political cowardice

Our party leader and Prime Minister says about David Davis' resignation: "Everyone now recognises this is a stunt that has become a farce" - a sentiment repeated often enough on this site. But standing for election is a deeply serious matter, and fighting a byelection on the 42 days legislation and erosion of our civil liberties can not be dismissed so lightly.


Since when has the Labour Party not stood candidates in parliamentary seats? With the exception of not contesting the Speaker's seat, I can remember only one controversial example: the Neil Hamilton / Martin Bell contest in 1997.

Surely our normal procedures apply. Although we may, ordinarily, stand little chance of winning Haltemprice and Howden we apparently have a PPC and they should contest the seat. 

Furthermore, not to contest the seat would be to ignore our own party constitution. The Labour Party Rulebook(2008) defines the purpose of the Labour Party: "It's purpose is to organise and maintain in Parliament and in the country a political Labour Party" (Labour Party Rulebook 2008, Chapter 1, Clause1, Part 1)

Constituency Labour Parties are similarly commanded "To secure the return of Labour representatives to Parliament..." (Chapter 7, Rules for CLPs, Clause II, Part 2B).

A failure to contest the byelection would surely risk showing the same contempt for our own Rulebook as, some would argue, the government has shown for our liberty.

If our leaders are so sure of their case on 42 days and civil liberties they should surely relish the opportunity to present it, along with the rest of party policy, in a high-profile byelection - even in a seat in which we would ordinarily have little chance of winning. Who knows, if Davis' act is, as our leader asserts "a stunt" then the good people of Haltemprice and Howden might see through him and show their support for imprisoning suspects without charge for six weeks by voting Labour?

But, on the other hand the public at large may see our failure to stand up for our beliefs by not contesting this byelection as an act of political cowardice, compared to what might appear an act of political courage and principle by David Davis.


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Not standing against Davis is political cowardice (#1)

I agree that Brown has to field a candidate in favour of 42 days.

If he can find one. 

 

Re: Not standing against Davis (#2)

The difficulty is, as I understand it, that the current PPC is opposed to the 42 day limit! And I think it would be very difficult to parachute in another PPC if one has already been selected by the by the members.

 

 

Re: Not standing against Davis (#3)

I've changed my mind on this. We shouldn't be drawn into playing the Tories game and contest this bye-election. It is a farce. If Davis decided to leave the Commons altogether then that would be a different matter.

Re: Not standing against Davis (#44)

This is absolute rubbish, our PPC wholeheartedly supports 42 days, he supported 90 days and has consistently shown a belief that liberty and security are not exclusive but dependent on each other. Its nothing more than a Tory smear put out by their master of false rumours Paul Staines aka Guido Fawkes in order to damage us.

 

 I was at the selection meeting, saw the speeches and oversaw the vote count. What we have is a local candidate well known in the area as the leader of the huge community group setup in response to last summers floods which brought devastation to huge parts of the constituency. If we want to field a candidate who is on the side of most people over defeating terrorism and who has a record of fighting for his area rather than triggering byelections to fight his own party leader we already have it.

Re: Not standing against Davis (#46)

Bobbysilby

Thanks for clarifying that. That's very interesting. Presumably your party will be pressing the NEC for their right to fight the byelection as normal then?

Re: Not standing against Davis... (#4)

You can bet your bottom euro that not standing is cowardice!

If DD is being genuine, he has called this election on the issue of civil liberties. To make it dead simple, it's the anti- vs the pro-42 days detention election.

If Labour are so confident about their stance on 42 days, let them stand. Because if Labour do not, someone like Kelvin MacKenzie may, and if he becomes a Labour candidate by proxy, I cannot see how happy that will make the Leadership.

DD has not pulled off some great coup here, but he has put the ball in Labour's court. Stand against DD, and you can put a fight on the 42 day policy head-to-head. Don't stand, and DD can say no-one else felt strong enough to fight him.

Re: political cowardice (#5)

The line that an election is a "farce" is very dangerous for any party committed to democracy. Labour believes in democratic elections, does the present leader??

Re: political cowardice (#9)

This is not a 'democratic' election by any true sense of the word.

It is a farce, nothing more.

Re: political cowardice (#10)

In what sense is it not a democratic election?  Are only "toffs" allowed to vote?

Re: political cowardice (#17)

What have 'toffs' got to do with it?

It's not democratic because he's resigned to fight his own safe seat and he's already got his main opponents (the Lib Dems) to withdraw.

Are you a Tory presumably?

Re: political cowardice (#21)

I'm not sure whether what Davis is doing is right, but I fail to see how it is not democratic. He feels strongly that "42 days" is wrong. Polls and ministers suggest that it has strong public support.  If this is true then he is not representing his constituents properly - but he is convinced that his constituents will support his stance if he explains it to them.  (He is also convinced that the polls are highly misleading and the country as a whole would share this view).  He cannot put the issue to a popular vote nationally, but under the UK constitution he can put the issue to a popular vote in his constituency.  Since the LibDems agree with him on this they are not opposing him. 

Now this may be called rash, foolhardy, a stunt, an ego-trip, unwise, or any number of things, but it seems simply irrational to say it is undemocratic.

Re: political cowardice (#23)

Exactly NB. The other point is that nobody has ever put this issue to the electorate, since it was not in our Labour manifesto.

Of course while David Davis wants the campaign to be about 42 days any candidate or any party can campaign about whatever they like. Labour can campaign about whatever we like, though Davis will force Labour to defend the 42 days policy.

Re: political cowardice (#30)

No it isn't. He's eliminated his main opponents for goodness sake! How on earth is that democratic?

Re: political cowardice (#31)

Are you saying then, that our standing in opposition to Davis would make it more democratic? If so, I agree wholeheartedly with you.

Re: political cowardice (#39)

No, because we are not the main opponents by any means - we only got 13% of the vote.

You may not agree, but I don't think the Labour party exists to be at the beck and call of David Davis. Just because he says 'jump', it doesn't mean we need to reply 'how high?' I thought this party had a bit more backbone than that.

Why exactly do you want Labour to stand when you know perfectly well that we'll lose and be humiliated and Davis will unjustifiably look heroic? Do you deliberately want Labour to look stupid?

Re: political cowardice (#42)

NorthernMonkey

I am afraid the damage is done and Labour already looks stupid. Our leader has, not for the first time unfortunately, put us in a dangerous position by pursuing a right-wing policy.

If we do not stand we would be seen to be gutless and hypocritical.

If we stand a pro-42 days candidate then we may increase our vote, if, as Brown says, there is widespread public support for this measure, or if the voters believe Brown's assessment of Davis resignation as a "stunt". Candidly I would not be happy to see the 42 days legislation vindicated in any sense because I think it is a disgrace.

If we stand the reportedly anti-42 days PPC then it reminds the public that not all Labour politicians wish to destroy our civil liberties, which would be beneficial. And, if elected we would then have another anti-42 days MP.

I am a lifelong Labour Party member, but some issues, like Iraq, are so important that they cut across party loyalties. To me, civil liberties and habeas corpus are in this category and that is why I think what Davis has done is positive and likely to contribute to the defeat of this legislation and to draw a line in the sand against the relentless encroachment on our liberties.

But this mess is, unfortunately, entirely of our leader's creation. It may yet turn out to be his most serious political miscalculation to date. I think that is extremely regrettable.

Re: political cowardice (#43)

Well, no, nobody wants Labour to look stupid, and you're right about how far back in the poll you were in H&H last time...but there is always a "BUT"

DD resigned his seat to fight a one-issue by-election, it's almost unique. This is an opportunity for Labour to argue the case for 42-days against someone who is clearly against 42-days. Heck, with so many independents and oddballs standing, Labour have a GREATER chance of doing well, not worse. You could even throw jury trails and ID cards in to the mix for good measure.

This by-election has sort of broken the rules a bit. MPs were never supposed to resign on principle, never supposed to stray out of the Westminster bubble. I doubt Labour will take recent advice in finding a terrorism victim to stand as a Martin Bell-type figure, but I doubt too that Kelvin MacKensie is the kind of person you'd want as a by-proxy pro-42 Labour candidate.

Still, it's not up to me, or anyone on this blog. If Labour stand, they fight their corner. If Labour do not, DD gets the chance to battle against the civil liberties policies without much real opposition.

Re: political cowardice (#33)

The LibDems, who agree with him, are not standing.

Labour, who don't agree with him are, erm...oh, right, democracy

Re: political cowardice (#35)

He hasn't eliminated anyone. The LibDems agree with him on this so they are supporting him.  So are at least 2 Labour MPs. The Labour PPC apparently agrees with him as well.  And the poll today show overwhelming support for him in his constituency. Democracy is about having elections - undemocratic means a ruling elite imposing their will on the people. Is that what Labour should stand for?  Because if so, this once-great party will have no future.

Re: political cowardice (#40)

Democracy is more than elections, especially when those elections are a sham. We won't be taking lectures from a Tory thanks.

Re: political cowardice (#26)

There is a good reason why we don't make decisions issue-by-issue, by Plebiscite.  Because when looked at in abstraction voters can come to inconsistent and mutually exclusive positions (not unlike David Davis!) - eg. if you ask whether our fundamental liberties and freedoms need protecting they will tend to say yes.  But if you ask whether people found guilty of heinous crimes should suffer the death penalty, a majority would also be in favour.  But what if there was a miscarriage of justice?!  Surely that would be worse than an innocent man sitting in jail for 42 days, however traumatic that might be. 

Parliament - which has a responsibility to look at the whole picture and not individual measures in isolation - is the body that we elect to make such decisions.  This single-constituency referendum is a stunt because  yoters in Davis's seat aren't representative of the nation as a whole, they aren't 'typical' etc.  For example, they all live miles from any likely target of terrorist attack.  [b]All[/b] voters will have a chance to excercise their judgement at the next general election, and will have to balance the significance of 42 days in the context of the whole performance of the government. 

Re: political cowardice (#12)

Democracy is allowing the public their say. Even if his intentions are not entirely pure, that is what DD is doing. He is anti-42 days; Labour are pro. If no pro-42 candidate stands to fight their case, then yeah, just what the point of democracy?

Re: political cowardice (#13)

The point though, Doktor, is that Labour AREN'T pro.  We have a PPC for that seat.  I'm given to understand that he is opposed to 42 days.  Along with most other Labour members.

I say we either fight it with the selected PPC (there would be no justification for having a different candidate) - and in doing that we would move the fight into different areas entirely as both candidates would be anti 42 days - or we say 'this is a silly stunt and we're having nothing to do with it.'  Whichever we do we should do it quickly. 

Re: political cowardice (#15)

The current Labour PPC may be "not pro" but the national Party line certainly is! And this will be the point DD is trying to get across, clearly, that if there is no Labour candidate, it is THEY who are running scared of a fight on the issue.

Look, this is a quite silly by-election, and we could argue all day about the rights and wrongs of DD's stance. But if the polls are right - and they were oft-quoted prior to the parliamentary vote by many a miniser- the public are in favour of 42 day detention. If the media can get enough attention to all the pro-42 campaigners not bothering to fight, won't it look even sillier?

I have sympathy with the case that says, "This is a vanity election, we have no intention to join the charade". If Kelvin MacKenzie and the current Miss Yorkshire want to spend money fighting DD, fine, I can take that. But what I cannot understand completely is the idea that the one party who seemed above all others so pro-42 days is now trying so hard to avoid the fight.

Re: political cowardice (#19)

But the fight has already been won - can you not see that? Regardless of whether we think it's right or wrong, there was a vote in the Commons and the government won it.

What Davis is doing is now sulking because the result didn't go his way and is now forcing a completely unnecessary by-election in his own safe seat to soothe his own ego. Only a mad man would think we should join in with his little game.

Re: political cowardice (#27)

Because that case is for the whole country to decide - not for just a few thousand voters somewhere south of Hull!

Re: Not standing against Davis... (#6)

If the line is "this election is a farce", the sound you can hear are the Tories getting ready to print leaflets with that very same message. Brown says "Elections are not necessary"

Re: Not standing against Davis... (#14)

That would be a silly line for them to take.  I think most people would probably come to the conclusion that THIS election was unneccessary.  Resigning your seat only to fight it again, under the same party banner, is - to put it mildly - a bit batty.

Re: Not standing against Davis... (#16)

Doctordunc

Actually I believe it used to be traditional for MPs promoted to the cabinet to resign their seats to fight a byelection.

And I am not at all sure that the electors of Davis' constituency will feel that the byelection is unnecessary because I think at heart that people take democracy very seriously, even if they are often contemptuous of politicians.

Moreover, I think it's quite conceivable that the Davis campaign might use the line that Gordon Brown is afraid to fight this election, that we didn't have the courage to fight over this issue, and furthermore, that we had never even put the 42 days legislation in our manifesto - so actually, it has never been put to the electorate at all.

The other issue is that should Labour really abandon the electorate in Haltemprice and Howden to the possibility of a victory by the Sun?! - with all that that entails...

Now, if our PPC is anti-42 days then that is OK because we fight as normal on Labour's policy and the government's record. Otherwise a pro-42 days candidate can steadfastly defend the policy that Brown has pushed through parliament by various (and reportedly some dubious) means. Who knows, if the public is so pro-42 days as Brown says then Labour might win.

Re: Not standing against Davis... (#18)

From what I've seen, most people in his constituency are completely bemused as to why they're being asked to vote for their MP again when there's no reason to do so.
Have you got some sort of kamikaze death wish for the Labour party here?!

Re: Not standing against Davis... (#20)

Northern Monkey

I don't yet know what Davis' constituents think, and this might change in any case as things the campaign unfolds.

I do not in any sense have a death with for the Labour Party of which I have been a member for most of my adult life. But I think it is very normal for us to contest any parliamentary election even in "unwinnable" seats, and indeed, as I point out, this is what our own constitution also says we ought to do - our very raison d'etre as a matter of fact.

I do also think that when a government puts through a highly contentious policy against a sizeable rebellion within its own ranks of MPs, only winning by a sliver in parliament, and especially when that policy has never been put in any manifesto and hence never put to the electorate, that there is a duty of honesty and integrity to defend it to the electorate.

If, on the other hand we have a PPC who, mercifully, does not believe in the policy then they simply stand, as at any other byelection, as the Labour candidate on the government record - though of course they would still be called upon to justify the government's 42 days policy, since they will be required to vote for Labour policy as a Labour MP.

I think it is quite straightforward. There is a vacancy and we must contest it (as Geoff Hoon also believes according to Saturday's Guardian). However, not to contest the election is very problematic. It appears cynical, dishonest, cowardly and lacking in integrity. We must contest the election. Also, remember, that if you are right that the constituents are bemused, they may not return the sitting member and the Labour candidate may have a chance of election.

Finally, is it right to abdicate our responsibility to that constituency as a political party, and to leave opposition to Rupert Murdoch's stooge (and to have a media empire in the entirely improper position of being linked to a candidate - think Berlusconi...)? Surely it could not be right to do that?

Re: Not standing against Davis... (#22)

You make a very good point. We now have the possibility of Labour standing aside in favour of a candidate backed by a non-British media magnate.

Re: Not standing against Davis... (#37)

I'm interested in the first point.  Can you give me any examples?  I'm intrigued why they would have done that (from a purely academic perspective) and which era it was.  I've never come across an example of that (other than where they were 'elevated' to the Lords).

Re: Not standing against Davis... (#38)

Doctordunc...

I was afraid someone would ask that - I had read it "somewhere" recently (I think in the Guardian).

However after some searching I have found what I believe to be a reliable source http://www.election.demon.co.uk/causes.html

From the Reform Act there were 677 byelections cause by appointment to ministerial office. The paper cited goes on to explain in a note:


  1. Under the Succession to the Crown Act 1707. The Re-Election of Ministers Act 1919 severely restricted the necessity to seek re-election on appointment to government office. The Re-Election of Ministers Act (1919) Amendment Act 1926 ended the practice.
Best wishes

Re: Not standing against Davis (#7)

I think Davis would beat Mackenzie, as even pro-42 days Labour supporters, might prefer the more libertarian Thatcherite, against the authoritarian Thatcherite. The second biggest party are supporting Davis.

But that leaves us wandering, what happens after Davis beats Mackenzie? Does he return in a more powerful position which weakens Cameron, or does he return as a figure who is now out of Cameron's way?

But surely, we could still expose Davis' action as a farce, but emphasise this by putting in a candidate who takes the issue of civil liberties seriously. I say, get a Labour lawyer who is commited to civil liberties. Even the current PPC is against 42 days. But we could take this seriously, while proving Davis' action to be less than serious.

Re: Not standing against Davis (#8)

No, no, no!

This is not a 'proper' by-election at all and we should not take part. Nobody will seriously consider it cowardice by Labour, they'll just see Davis looking like a prat as his only opponents will be Mackenzie and some bloke from the Monster Raving Loony Party.

We only got 13% of the vote last time round at the general election - if we fight it we will automatically lose and make Davis look heroic despite the fact that he was fighting in his own safe seat!

MacKenzie hates Labour anyway (and the feeling's mutual) so there's no danger of him being a Labour candidate by proxy. I suspect interest in this by-election will be very low - and this is how we should want it to be.

Re: Not standing against Davis (#11)

I do take your point, but the issue he has caused this by-election over, the 42day issue and connected civil liberties, is the one strong card Brown has consistantly and passionately argued for.

Not standing for the issues you believe in seems most peculiar (at least to this observer)

You are right to say that MacKenzie being the only opposition could turn Davis' victory somewhat sour, but if MacKenzie fights on Labour's issues (42 day, CCTV, ASBOs etc) then he will surely be painted as a Labour candidate in all but name, and when the media get their act together, it'll be pro vs anti 42, in all but name, Labour vs Tory.

Re: Not standing against Davis (#24)

There seems to be a lot of confusion over people supporting 42 Days.

 To be honest guys, I'm in a Labour Marginal seat.

I've yet to actually find somebody who supports 42 days pre-charge detention.

I'm not joking. I've yet to find one, the usual responce is "Why? We didn't need it for the IRA and t'papers say no other country in the world has the need for that long."

 It also seems, more polls, are showing a large swing behind Davis because of his principalled position, throwing it away as an ego trip or as a spat wtih Cameron strikes me as either desperate, or false.

ICM poll for the Sunday show that his own approval rating in his constituency is now running around 60%.

Asked if they agreed with his decision to resign over the 42-day terror law, 57 per cent said ‘Yes’, compared with 32 who said ‘No’.

Even the observer is saying that he's right. The Murdoch Empire seems to be ready to snub him, but the rest of the press, and those with more independant editorials are swinging in behind Mr Davis.

As has been found out several times, the media doesn't influence events as significantly as some politicians think, and more often than not, they preach to the converted on what they want to know about or are already talking about.

 If anything some of the responses here show that Labour people on this site are "out of touch" and sound suspiciously like they've all come from the Westminster bubble because Davis willingly leapt from the Parlimentary Gravy Train on what some people are shuffling away as a work of arrogance and of self enrichment.

To be honest, I think people are becoming weary of the surveilance state and Davis has tapped into that worry via the 42 Days issue, that it seems, the majority of those asked in a better worded poll are against.

http://kateshomeblog.blogspot.com/2008/06/o-rly.html 

Re: Not standing against Davis (#25)

Angryvoter

I couldn't agree more.

I see that Bob Marshall-Andrews is going to campaign for Davis on this issue.

Also Andrew Marr on BBC1 this morning made the interesting observation that Westminster commentators thought Davis was mad, whereas those outside the Westminster bubble did not. David Davis himself made a similar point. I think your observations about some comments on this site are valid.

We have become so cynical about politics and politicians in this country that when someone does something absolutely principled, about an issue of supreme importance, then some still cannot see what is staring them in the face - but I think David Davis' stand will strike a common chord with the public and, indeed, with many Labour Party members, myself included.

David Davis also used the argument (as some have predicted is obvious) that our leader appears to have a habit of avoiding elections. Well this is one election he had better not avoid. Brown has foisted the 42 days legislation on an unwilling party, an unwilling parliament and perhaps an unwilling country. As with the 10p tax, by following a rightwing tabloid agenda, he has put at risk all the good things that the party does. He may have won the first vote but he looks likely to lose the battle. I think he has led us to the abyss, and I am stunned by the seeming hypocrisy of bulldozing through this shameful policy from above and then prevaricating about contesting this byelection. I warned my own Labour MP many weeks ago that this policy was both wrong both in principle and in practice, and, frankly I feel bitterly let down.

Re: Not standing against Davis (#28)

I couldn't support 42 days either - but that isn't the point.  Do you think re-electing David Davis to parliament so he can defend the death penalty again is a good way to protect civil liberties?  If it's wrong to put an innocent man in jail for 42 days, how much more wrong is it to take away his life!!!

In any case this by-election is not a "fair" test of public opinion.  For one thing these few thousand voters somewhere miles from any likely target of a terror attack have no authority to decide this matter for the whole country.  And it's not a standing start.  This is a seat dominated by Tory/Libs for its whole history - Labour never got much of a look in even in 97 when we swept the country. 

If it was a neck-and-neck marginal seat you might have a case, and even then we wouldn't necessarily have to fight it if called on a whim like this.  But - irrespective of the rights and wrongs of 42 days - the dice are totally loaded and this is not the right way to make such a decision anyway.  We will all get a chance to have our verdict on the government's performance in the round, when we have a general election.

Re: Not standing against Davis (#29)

Oratorhunt

I am completely opposed to the death penalty and disagree with much that David Davis advocates as a right-wing Tory. However, on the issue of 42 days and the relentless erosion of civil liberties he outlined I am completely behind him. I think he has done something principled and audacious. His party leadership do not like it any more than ours. But I think, on this issue, he is right.

If the Labour leadership, who have created this apalling legislation and forced it through parliament in a shabby way, do not have the guts to have it defended at a byelection then I think it reflects very badly on them indeed. (And if our PPC is opposed to the 42 days legislation as well then that is fair enough).

You know as well as I do that, ordinarily, whatever kind of seat it is, safe Tory, safe Liberal, or marginal, we would fight it. Not to do so smells of political cowardice and all will see that.

You say the dice are loaded, which is true, but a swing to Labour with a pro-42 days Labour candidate would provide some vindication for Brown's position. The line that Davis is already taking, that Brown is avoiding elections is a disastrous one for us because it has a horrible ring of truth about it. Brown has created this mess almost single-handedly.

For me personally, the 42 days issue, like Iraq, is of such importance that it cuts across narrow party-political allegiances which is why I support Davis in this very particular case. And although it is not comfortable to support a right-wing Tory, especially one who supports the death penalty, I believe it would be a good thing to have an eloquent opponent of the 42 days legislation back at Westminster because this is legislation that very much needs to be consigned to the dustbin. Don't forget, he has already apparently consolidated the Tory commitment to repeal the legislation if they are in government.

I will campaign at the General Election for the return of a Labour Government as I have done throughout my adult life. But, on this occasion, and on an issue of supreme importance, Davis is right. I believe that the public will begin to see that too. I also believe that Bob Marshall-Andrews, other prominent Labour figures, and those from other parties, or from Liberty, who back Davis in this instance are correct.

My ambition is for Labour to change tack and ditch these awful authoritarian positions, which make me sick to my stomach, and which obscure all the good things that we are doing.

Re: Not standing against Davis (#32)

But Davis will present his inevitable victory as "proof" that the public opposes the government.  Not withstanding my own opposition to 42 days, I don't see on what basis the few thousand voters miles from any likely terrorist target can decide for the nation as a whole.  Like it or not, the government won the vote in the Commons - if you disagree with the government's position, that is your right.  But aligning yourself with a blatant egotist and hypocrite with contempt for the decisions of our elected parliament is no way forward. 

Re: Not standing (#34)

Of course it's cowardice on behalf of the Lab leadership, Gordon doesn't like democracy hence no referendum and when he has no choice he loses (locals, london mayoralty and crewe and nantwich) but as usual by playing will I won't I he confirms all the tory jibes about dithering and is supposedly seen running away from another election

Re: Not standing (#36)

nonsense - a writ has yet to be issued, and when a by-election is officially called, the decision is one for the NEC not the Prime Minister.  You might remember that the Tories didn't have a referendum on Maastricht so it's a bit rich for them to whine about Lisbon. 

Re: Not standing (#41)

The Labour party - or at least some parts of it - does indeed seem to have some kind of deathwish. "Arguing" that you shouldn't have elections because they are "undemocratic" will, at best, put Labour out of power for 18 years like the last time. But even then no-one in Labour adopted such an arrogant pose.  Remember that the Labour party is insolvent and could be bankrupt in less than 42 days. Remember also that if present trends continue (which they may well not) the LibDems will overtake Labour in the polls by October.

This is not a great time to treat the electorate with contempt.  Even the Liberals didn't take that arrogant line.  And they have gone from being the leading opposition party to being out of power for 100 years. Is that what people here really want? If so, keep on treating the electorate with contempt.

Re: Not standing (#45)

Ridiculous to suggest that Labour is arguing "against elections" - the proper arena for the actions of the government to be judged by the whole electorate is a general election.  Stunt by-elections trying to put the decision in a few thousand unrepresentative voters somewhere in rural North Yorks is not "democracy" - it demonstrates contempt for the democratic will of parliament.   This is a wholly unnecessary waste of taxpayers money, and will merely return Davis to parliament where he will be in a much weaker position to actually *do* anything to reverse 42 days. 

Re: Not standing (#47)

I think it is wrong to dismiss this by-election as a "stunt" for two reasons:

1. The issue raised of 42 days and civil liberties is far too serious to be dismissed cheaply in this way.

2. You yourself suggest that Davis will be returned to parliament in a weaker position, so rather than a "stunt" it is a considerable sacrifice (unless you think he is so stupid that he could not forsee any adverse consequence).

I am surprised that the issue of "taxpayer's money" keeps cropping up (a real Tory concept if ever there was one - as if only those who pay tax own the state and have the right to decide spending - "public money" might be better?). Weighed against the state imprisoning people without charge for 42 days and overturning 800 years of habeas corpus I would have thought this was a minor issue. It seems that the price we might place on liberty is the cost of a byelection...

Re: Not standing (#48)

1) Never underestimate the stupidity of Tory politicians
2) It is a blatant waste of public money whichever way you look at it
3) You've yet to explain why 28 days detention without charge - which DD supports - is fine but take it beyond for even one day (upto a maximum of 42) and it's a historic break from habeas corpus. 

The whole thing smacks of opportunism.  Unfortunately, far from being the toast of the nation, DD has scored the biggest own-goal since Jon Arne-Riise.

Re: Not standing (#49)

Great idea: Gordon could call a General Election and fight it on this issue. At least he'd get 25% of the vote, which could be a lot better than he'd get in 2010.

However assuming that the by-election campaign convinces people that 42 days does not in fact have popular support (interestingly The Sun seems to be doing a U-turn on this) then Gordon will have no chance of getting this through without using the Parliament Act. Since he struggled to find enough to bribe MPs to support this when it was "popular" he might find it impossible to bribe enough MPs to support it when it becomes deeply un-popular.

Re: Not standing (#50)

see you've no explanation of why Davis supported the break from habeas corpus represented by 28 days

Re: Not standing (#51)

I may be wrong, but I believe this would have been in the context of a choice between 90 days and 28 days. I'm not defending this at all but there is a certain logic.

Re: Not standing (#52)

The difference between 28 and 42 days is relative then.  What is the justification for some magic threshold between the two that suddenly indicates that the Magna Carta is up in flames?

Re: Not standing (#54)

We were talking about David Davis' argument. I am not convinced by 28 days either. Magna Carta I believe stipulated three days of imprisonment before charge or release.

Obviously you could say any limit is arbitrary. I think three days is better than 28 days, which is better than 42 days, which is better than 90 days...

Re: Not standing (#53)

Davis says he supported 28 days because there was real evidence from the police and security services that it was necessary. Also, as noted, the alternative was 90 days.

Interestingly Dominic Grieve, who unlike anyone else on the front benches actually has recent experience of prosecuting criminals, has said that in government they would not only repeal 42 days but look closely at repealing 28 days, since there appear to be other ways of giving the police more time.

Grieve BTW is a very atypical politician and the nearest thing there is in frontbench politics to spin-free. He never says anything he doesn't mean, and seems to be liked and trusted by pretty much everyone in Parliament.