A dead duck? (Was RIP s22 notices SI)

[Owen Lewis]

I see today's Daily Telegraph has gone to town on the sneaky secondary
legislation to be put before the Commons tomorrow. A front page article over
4 col widths and continued onto the second page. A delightfully concise and
pithy editorial and - best of all - a further half page spread in the
business news section.

I understand that The Guardian also has done good work in exposing this
dirty piece of work for the repugnant thing it is.

For the Lords, Lords Strathclyde is reported as firmly declaring that the
Lords will stop this nonsense and that if the govt wished to persist with
it, they will be forced to bring it back to Parliament next year, re-framed
as primary legislation.

Altogether very heartening. The left and right barrels of the serious press
have squarely discharged their loads into this lame duck and, should it
persist in spinning onwards though mortally wounded, the House of Lords
stands ready to give it the coup de grace.  I think there is room for hope.

When both left and right of centre combine to excoriate proposed
legislation, even a government as clumsy as this one has become had better
give pause for thought.

However, the battle is a long way from won. The Draft Order cannot be
defeated tomorrow if the govt applies a party whip and it presumes to much
of their good sense that they will do the right thing and withdraw it, lock
stock and barrel. Therefore, we should all gird ourselves for a return to
the fray when the proposal re-emerges as primary legislation. I almost look
forward to it.

Let us be clear on one thing. If this iniquitous proposal is to pass into
law, it is the members of the Parliamentary Labour Party who will cause its
enactment. Though I am not generally of their political persuasion, none
have never had grounds to think that they prize the freedoms in this country
any less than do others. We have, therefore, two targets before us. The
primary target is the PLP for it the members of it who will vote and who
have the overwhelming numbers to pass or defeat whatever legislation they
please. The secondary target is grass-roots public opinion for it is, more
than any pressure group or professional lobbying, that will influence the
PLP as to the mood of the people. It is the secondary target we should all
address. If we do a sufficiently good job with that, no party whip will
enforce the cohesion of the primary target.

Even if all goes well tomorrow - or if the Lords finally kill the Draft
Order in a few week's time, the fundamental train of thought behind this
appalling piece of legislation with remain. As always, govt will just bide
its time and find another way to attain its end.

With this issue, we just may have reached the point of crystallisation of a
growing swell on diffuse public unease about the massive increase in
surveillance in recent years. We should not dissipate whatever level of
crystallisation of opinion results from dispatching this Draft Order over
the next few weeks. Office, pubs, clubs, neighbours, friends and family. Get
them thinking about the issue (most are still unaware of it). When they are
convinced that it's time to draw a line in the sand and shout "Stop! No
further!", then get them to ensure that *their* friends & colleagues are
similarly alive to the need to act similarly.

The large majority of the public - and therefore the Press, who can scent
public mood before the public knows it has one - sat on the fence over the
enactment of RIPA 2000. Arguably, RIPA was inevitable. It is this
'afterthought' Draft Order that puts the venom into the tail of that
scorpion.

The Draft Order sets out an extension of powers that does not serve the
public good. I believe that people can understand this without any need for
the particular knowledge and experience that, say, a proper appreciation of
crypto issues requires. It's a gut issue. Let's convince people of that.

Owen Lewis

Tel: +44-(0)1264-361582
Fax: +44-(0)1264-338051
E-mail: oml@sysrx.uk.com