09/07/2013

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:00:10. > :00:13.they are used, in effect, we would Tonight on Newsnight Scotland: Is

:00:13. > :00:16.this really the end of machine politics?

:00:16. > :00:19.Ed Miliband vows to reform the relationship between Labour and the

:00:19. > :00:22.unions. But will it make a difference?

:00:22. > :00:26.And cameras in the court room - this evening a documentary following the

:00:26. > :00:33.Nat Fraser case was shown on Channel four. Should more court cases be

:00:33. > :00:36.televised? Good evening. Falkirk was the muse

:00:36. > :00:39.for Ed Miliband's speech, the crisis that forced him to propose changes

:00:39. > :00:42.to the relationship between the Labour and the unions. Union members

:00:42. > :00:46.will have to opt in to Labour Party affiliation, rather than make the

:00:46. > :00:48.effort to opt out as at present. And the idea of primaries to avoid

:00:49. > :00:51.Falkirk-style selection battles was also floated. For a speech that was

:00:51. > :00:54.supposedly about weakening the union ties, it was remarkably well

:00:54. > :00:57.received by the unions. The Unite boss Len McClusky even called it

:00:57. > :01:07.visionary. So, how radical are the changes proposed? Andrew Black

:01:07. > :01:09.

:01:09. > :01:14.reports. Falkirk, the small town in Scotland

:01:14. > :01:18.at the centre of a big controversy. It began with Labour's takeover of

:01:18. > :01:24.the selection process for the Westminster seat of Falkirk after

:01:24. > :01:29.allegations the Unite union, one of the party's biggest donors, was

:01:29. > :01:32.influencing the decision. Today after several weeks of attacks by

:01:32. > :01:39.his political opponents, Labour leader Ed Miliband ledge to reform

:01:39. > :01:45.his party's relationship with the unions. -- pledged to reform.

:01:45. > :01:50.we saw in Falkirk was part of the death throes of the old pop the

:01:50. > :01:53.Turks -- old politics. It feeds the mistrust people have in politics.

:01:53. > :01:58.People think politicians are just in it for themselves, not to be

:01:58. > :02:04.trusted, not to be believed. Every time something like Falkirk happens,

:02:04. > :02:09.it confirms people's worst suspicions. What did Ed Miliband

:02:09. > :02:13.announced today? First, he wants an end to automatic affiliation for

:02:13. > :02:20.union members to the Labour Party. Union members would also have to opt

:02:20. > :02:25.in to pay subscriptions to Labour. And he wants a US style open primary

:02:25. > :02:35.full selection of Labour candidates in the 2016 London mayor elections.

:02:35. > :02:35.

:02:35. > :02:39.And in other contexts but which ones? -- contests. When the dust

:02:39. > :02:49.settles, nothing could be more symbolic of the new politics than an

:02:49. > :02:51.

:02:51. > :02:54.open primary in Falkirk. Why don't you hold one? We will look at it. I

:02:54. > :03:00.have said that we will look at seeds where there are difficulties and we

:03:00. > :03:05.will take action -- at seats. The Falkirk situation is troubled

:03:05. > :03:10.enough. We have to proceed cautiously. What effect might this

:03:10. > :03:19.have on Labour in Scotland? Like Ed Miliband, this woman was elected

:03:19. > :03:24.Scottish Lady Lever -- Scottish Labour leader. She was outpolled in

:03:24. > :03:29.the election. At the time, she spoke out about opening up the party.

:03:29. > :03:34.While I am leader, nothing will be off-limits. There will not be one

:03:34. > :03:38.policy, one way of working which cannot be changed. The one test will

:03:38. > :03:46.be that what is in the interests of people of Scotland, not in the

:03:46. > :03:50.interests of ourselves. Today Johann Lamont who is in charge of the whole

:03:50. > :03:56.party in Scotland said she would reflect on Ed Miliband's repose

:03:56. > :04:01.while stressing Labour's links to the trade union movement had been a

:04:01. > :04:04.force for good. But will be unions accept the reforms? The boss of the

:04:04. > :04:10.Unite union which previously threatened to sue the Labour Party

:04:10. > :04:14.over the Falkirk allegations seemed positive. The vision he has set

:04:14. > :04:21.forward, that this would attract tens of thousands of trade unionists

:04:21. > :04:25.into active participation in the Labour Party is something I would

:04:25. > :04:29.100% support. Let us see the details. Ed Miliband has sought to

:04:29. > :04:34.draw a line under the events of Falkirk. His political opponents

:04:34. > :04:38.have continued to suggest that what went on here was just the tip of the

:04:38. > :04:44.iceberg. That has been excessively delight by the Labour leadership --

:04:44. > :04:50.explicitly denied. But it is the kind of validation they can well do

:04:50. > :04:54.without. With that in mind, Ed Miliband is determined to see the

:04:54. > :05:04.reforms through. That is not likely to immediately shift the focus from

:05:04. > :05:05.

:05:05. > :05:09.what his opponents have dubbed the Falkirk crisis.

:05:09. > :05:12.We did ask to speak to the leader of the Scottish Labour Party, Johann

:05:12. > :05:14.Lamont, but she is unavailable. So, I'm joined by a panel of

:05:14. > :05:16.Labour-watchers. In Edinburgh, former Labour adviser Simon Pia and

:05:16. > :05:19.Gregor Gall who is professor of industrial relations at Bradford

:05:19. > :05:22.University. Here in the studio is Dennis Cananvan who had his own

:05:22. > :05:29.issues with the Labour selection process in Falkirk and now chairs

:05:29. > :05:35.the yes campaign. Simon Pia, you were waxing lyrical a week ago about

:05:35. > :05:42.primary is. Presumably, you like this idea? Very kind of you to

:05:42. > :05:49.describe it as lyricism. 2008, when I was working for Wendy Alexander,

:05:49. > :05:54.she called for primaries and reform of the party in her speech in 2008.

:05:54. > :05:58.As long ago as 20 years ago, I was saying to people in the Labour Party

:05:58. > :06:03.that I felt the relationship with the unions had to change to reflect

:06:03. > :06:08.the changes in society. I welcome what Ed Miliband has done today. It

:06:08. > :06:15.is not before time. You have got Dennis Cananvan, a well-respected

:06:15. > :06:18.man sitting beside you, he may well have been in the Labour Party today

:06:18. > :06:23.if we have had a primary in Falkirk in 1999. The obvious argument

:06:23. > :06:28.against it is that if you can register an interest in labour, it

:06:28. > :06:33.does not give anyone very much incentive to be a party member. That

:06:33. > :06:37.would apply to the other parties as well. I went to the AGM a year ago

:06:37. > :06:41.and at the beginning of the meeting I was the youngest person in the

:06:41. > :06:46.room. That shows you that these party meetings are out of touch. A

:06:46. > :06:52.couple of people turned up late, younger people, better things to do.

:06:52. > :06:56.But I think it is just something that is brought up to distract from

:06:56. > :07:00.the idea that party politics has to open up and reconnect with people.

:07:00. > :07:04.The Labour Party in particular has a problem with this. I think it has

:07:04. > :07:08.got a problem with the referendum and not just the general election

:07:08. > :07:14.but the Scottish elections after that are reconnecting, getting in

:07:14. > :07:23.touch with people again. The relationship with the unions is seen

:07:23. > :07:27.as very incestuous, inward looking politics. We have to change it.

:07:27. > :07:31.People... Selections are rigged. It happens in all parties. Labour has

:07:31. > :07:34.to deal with the issue with the unions and I think it will be good

:07:34. > :07:43.with the unions as well and that is why Len McCluskey is recognising

:07:43. > :07:48.this. Dennis Cananvan, it looks like you could be the prospective Labour

:07:48. > :07:53.candidate for Falkirk again! I am not so sure I agree with primary is

:07:53. > :07:58.because I would say, why should someone who is not a member of a

:07:58. > :08:04.political party have a vote in who the candidate for that political

:08:04. > :08:08.party should be? I am all in favour of widening the franchise but I

:08:08. > :08:14.think the best way to widen the franchise is to bring more members

:08:14. > :08:19.in. And to make what was once the people's party truly representative

:08:19. > :08:24.of the people, making it a party of mass membership. Tony Blair when he

:08:25. > :08:29.first became leader, he had a target of over a million members. That

:08:29. > :08:35.never materialised. Now if you look at the membership of the Labour

:08:35. > :08:39.Party in many areas, what does it consist of? If you take a array --

:08:39. > :08:44.take away the councillors, the researchers, the paid officials, the

:08:44. > :08:47.relatives, the friends there is hardly anybody left. The argument

:08:48. > :08:53.would be that the world has changed since the days when you had big

:08:53. > :08:59.Labour Party or indeed any other party branches in constituencies and

:08:59. > :09:03.having primary is would be a way of addressing the questions MPs spend

:09:04. > :09:08.much of their time scratching their heads about. The fact they are

:09:08. > :09:14.completely disengaged from the electorate. That is part of the

:09:14. > :09:18.problem. The political classes disengaged from the people. Would

:09:18. > :09:24.this not bring people back in? must recruit more people, not just

:09:24. > :09:32.the wannabe MPs, but the people who really want a say in the policies of

:09:32. > :09:37.a party which has drifted away from them and let them down. What do you

:09:37. > :09:42.make of this idea, Gregor Gall? issue is not a one-off structure, it

:09:42. > :09:46.is one of politics. Until the Labour Party returns to its social

:09:47. > :09:52.democratic roots and has policies that protect people from the ravages

:09:52. > :09:55.of the markets, no matter how you cut the cards in how you like people

:09:56. > :10:03.to participate, whether it is primaries, it will not crack the

:10:03. > :10:07.nut. You are with Dennis Cananvan on this one? It does allow people who

:10:07. > :10:10.are antipathetic to Labour to influence Labour candidates. That

:10:10. > :10:14.would be a retrograde step. I think there are other ways and better ways

:10:14. > :10:20.to get more people involved in the Labour Party is used to be the case

:10:20. > :10:25.30, 40 years ago. As I am stressing, the key in my mind is not the nature

:10:25. > :10:29.of branch meetings, not the nature of conference, per se, it is the

:10:29. > :10:33.politics. Until Labour has politics different to the other main parties,

:10:33. > :10:40.it will not provide the stimulus for people to get involved. I want to

:10:40. > :10:46.move on. A brief reply to those two Rotherham withering demolitions of

:10:46. > :10:56.your position, Simon Pia. They are very old-fashioned and conservative.

:10:56. > :10:58.

:10:58. > :11:01.It has worked in France and Italy. A guy in France, they won against the

:11:02. > :11:07.party machine and they can bring in politics that people feel connected

:11:07. > :11:10.to. Dennis Cananvan, UART dreaming if you think you are going to

:11:11. > :11:16.recruit members to come along to meetings on a Thursday night at a

:11:16. > :11:24.pub in Falkirk. In primaries, you sign up to the valleys. In France

:11:24. > :11:30.and Italy, you pay a euro to vote and you sign up to the values .

:11:30. > :11:35.People are not going to be full-time activists like in the past. I asked

:11:35. > :11:41.you to be brief! What about the idea of opting in rather than opting out

:11:41. > :11:45.of the Labour Party? Strangely enough, I agree with Ed Miliband on

:11:45. > :11:51.this for a different reason. I do not see what you put should be

:11:51. > :11:58.coerced into becoming members of the Labour Party -- I do not see why

:11:58. > :12:01.people should be. If you do not opt out, you are an affiliated member of

:12:01. > :12:08.the Labour Party. That's looks like construction rather than voluntarily

:12:08. > :12:12.joining. -- looks like conscription. I have reached the same conclusion

:12:12. > :12:17.as Ed Miliband for different reasons. There are millions of trade

:12:17. > :12:23.unionists who are disillusioned with the way the Labour Party is going.

:12:23. > :12:28.And why should it not be made easier for them to tell the Labour Party, I

:12:28. > :12:35.don't like your policies, therefore, I am going to take my subscription

:12:35. > :12:39.and put it elsewhere? Either to a candidate of another party or a

:12:39. > :12:45.particular political cause. It could be trade unions for independence,

:12:45. > :12:48.for example. I know many trade unionists... I do not like the way

:12:48. > :12:53.they are being demonised by certain people in the Labour Party and

:12:54. > :12:59.certain sections of the media. Most people I know are good hard working

:12:59. > :13:06.people and they should not be having their money conscripted into one

:13:06. > :13:15.political party without being given the opportunity to say otherwise.

:13:15. > :13:19.Gregor Gall, you views on this. is a historical situation dating

:13:19. > :13:23.back to the Second World War. It does need to be reformed because it

:13:24. > :13:26.is true on the Labour Party side and the union affiliates side that there

:13:26. > :13:30.is an inadequate level of participation from members of

:13:30. > :13:34.different that within the Labour Party. I am not so convinced that

:13:34. > :13:37.the measures Ed Miliband has talked about today and those that might

:13:37. > :13:41.emerge from the initiative will solve this problem. I do not want to

:13:41. > :13:46.go back to the point I made previously about the content of the

:13:46. > :13:54.politics don't do that. Let me ask you something else. If you do have

:13:54. > :13:59.an opt out or and opting, it is going to undermine, some people are

:13:59. > :14:05.saying, it leaves more money for the unions to use to influence Labour.

:14:05. > :14:09.They will have bigger political funds. The whole idea of one third,

:14:09. > :14:19.one third, one third College to elect the leader would become pretty

:14:19. > :14:19.

:14:19. > :14:23.unsustainable, wouldn't it? Absolutely, and that's why these

:14:23. > :14:26.changes have such ramifications. To basically reject the level of

:14:26. > :14:30.funding that is needed for Labour to fight the forthcoming general

:14:31. > :14:35.election. There are huge implications. Whether unions can so

:14:35. > :14:41.make large donations to Labour but not through the political levy to

:14:41. > :14:47.the individual members remains to be seen. Simon Pia, what do you make of

:14:47. > :14:53.that? It is as if Ed Miliband is reforming some stuff to get rid of

:14:53. > :14:57.an image of the Labour Party. If people think that the unions get a

:14:57. > :15:02.one third say in electing the next leader of the Labour Party, I don't

:15:02. > :15:08.know how much party confidence matters any more, but they get 50%

:15:08. > :15:12.there. Electoral college has to go, it should be one member, one vote.

:15:13. > :15:16.It is ridiculous that to opt in, you've got to have that in this day

:15:16. > :15:22.and age. It's how you get people involved in politics. He is opening

:15:22. > :15:25.the party up. The structures, the social media, the whole array of

:15:25. > :15:33.ways you can operate in politics nowadays. We've got to look for

:15:33. > :15:37.that. You are speaking about new policies for the party. This is, I

:15:37. > :15:41.think, ground-breaking stuff. You let people have more of a say and

:15:41. > :15:45.more of an input in what sort of politics they like and the

:15:45. > :15:50.candidates who will be selected, rather than having the party

:15:50. > :16:00.hierarchy parachuting in new Labour, metropolitan yuppies all

:16:00. > :16:02.

:16:02. > :16:06.pseudo- working-class heroes from the union movement. We will have to

:16:06. > :16:11.bring this to an end fairly soon. I'm curious as to what your feelings

:16:11. > :16:17.are about the Labour Party. If it all changes and all the problems

:16:17. > :16:21.went, would you like to be back in the Labour Party? Know. I feel very

:16:21. > :16:28.sorry about the way the Labour Party is going. The Labour Party has lost

:16:28. > :16:34.its soul. It has lost its moral compass. I see no signs of it

:16:34. > :16:39.recovering. They've got a situation now where by Miliband isn't even

:16:39. > :16:43.making any commitment to reverse the cuts being made by the Tory

:16:43. > :16:48.government. He won't even give a commitment to repeal the bedroom

:16:48. > :16:53.tax. What kind of an alternative is that? That is what Labour did in

:16:53. > :16:59.1997. They said they would stick to put Tory spending plans for three

:16:59. > :17:03.years. It was a silly thing to say. People, especially poor people, are

:17:03. > :17:07.looking for an alternative. I don't see it as a sign of defeatism.

:17:07. > :17:10.Everything of the Labour Party or any Democratic party, they have to

:17:10. > :17:14.reconnect with people and have a massive recruitment drive in

:17:14. > :17:20.politics, democracy would be healthier. Can you see a good

:17:20. > :17:25.outcome for Labour from this? the short-term. I think there will

:17:25. > :17:29.be a significant amount of damage done within the Labour Party. It is

:17:29. > :17:33.not clear that Miliband will win the day, particularly given that he

:17:33. > :17:37.needs union support to get these proposals through the party. I think

:17:37. > :17:42.it is in that respect ironic that Unite have been the most supportive

:17:42. > :17:46.of that. Where's the GMB union has threatened to cut funding because of

:17:46. > :17:51.this. No, I don't think that will be the case, that much positive will

:17:51. > :17:54.come out of that. But the ultimate clincher will be what happens in the

:17:54. > :17:58.2015 general election. We shall have to leave it there. A documentary

:17:58. > :18:01.showing the trial of Nat Fraser, who was convicted of killing his wife

:18:01. > :18:04.Arlene, was shown earlier this evening on Channel 4. It's the first

:18:04. > :18:08.time that cameras have been allowed to film an entire trial in any

:18:08. > :18:17.British court. Should more trials be televised? We'll discuss that in a

:18:17. > :18:22.moment, but first here's a flavour of the documentary.

:18:22. > :18:32.Can you think back with me over the past 14 years? Are you able to tell

:18:32. > :18:32.

:18:32. > :18:36.us today how many times you have lied about your involvement in the

:18:36. > :18:43.disappearance of Arlene Fraser? I can't put a figure on it. It's too

:18:43. > :18:51.many times to put a figure on, isn't it? I don't know.You don't know,

:18:51. > :19:01.it's more than ten? I would say yes. It's more than 20? I don't know.

:19:01. > :19:02.

:19:02. > :19:07.It's more than 100? I doubt it. Nat Fraser did not kill Arlene Fraser,

:19:07. > :19:17.did he tell you that? Your persistent lies. You killed Arlene

:19:17. > :19:17.

:19:17. > :19:25.Fraser. Not correct. I'm joined now by Brian McConnachie QC, who is

:19:25. > :19:30.chairman of the Faculty of Advocates Criminal Bar Association. Did you

:19:30. > :19:36.see it tonight? About half of it. What did you make of it when you saw

:19:36. > :19:39.it on television? I think it was very well done. I think it must have

:19:40. > :19:44.improved the level of knowledge of people who watched it. And I

:19:44. > :19:49.suspect, as macabre as it sounds, people were possibly fascinated and

:19:49. > :19:52.even enjoyed it. The problem is, from a televisual point of view, is

:19:52. > :19:57.that people would choose in to watch this because it was the first time

:19:57. > :20:04.it happened. Who knows, they might watch another one, but after that it

:20:04. > :20:09.will wear off. This would only become gripping on a long-term basis

:20:09. > :20:14.if it were trials as they happen. I'm not sure that's right. I think

:20:14. > :20:23.there are people who go to court day in day out to watch trials. You see

:20:23. > :20:27.them regularly. Let me assure you, they are not a television audience.

:20:27. > :20:32.Channel 4 after millions of people. I'm sure they are. I suspect you

:20:32. > :20:36.might be able to get it, in the manner in which the programme was

:20:36. > :20:42.filmed, I think people would be interested. Is there an argument

:20:42. > :20:45.against having live coverage? difficulty is social media, and

:20:45. > :20:49.people who would no doubt be tweeting along to what they were

:20:49. > :20:58.watching. The potential danger perhaps of Jura is being in some way

:20:58. > :21:02.influenced by that. That happens these days anyway, doesn't it?

:21:02. > :21:06.quite to the same extent. I take your points, but in highly

:21:06. > :21:11.publicised trials, where it's all over the newspapers every day, there

:21:11. > :21:15.must be people tweeting about these things. I suspect there are.

:21:15. > :21:19.Nowadays, the jury are told that they are to stay away from the

:21:19. > :21:23.internet and social media for that very reason, that they could

:21:23. > :21:30.potentially be influenced. My own view is that it would be a positive

:21:31. > :21:35.thing for trials to be filmed on a fairly regular basis. But not live?

:21:35. > :21:40.It wouldn't particularly bother me. But the difficulty would then be,

:21:40. > :21:46.where do you get your audience from who are going to watch what, in

:21:46. > :21:52.essence, is in fact at times, I have to confess, pretty boring? Channel 4

:21:52. > :21:58.managed to make a very interesting two our programme. You could have

:21:58. > :22:03.edited highlights in the evening each day. Yes, I think that would be

:22:03. > :22:07.a way forward. The obvious problem here... Apparently with this

:22:07. > :22:12.documentary, all the key witnesses gave permission in advance. That

:22:13. > :22:16.couldn't be sustained if you were going to do it on a regular basis.

:22:17. > :22:22.That's right. My understanding is that Channel 4 were allowed to film

:22:22. > :22:26.the entire trial and get the permissions after. They managed to

:22:26. > :22:29.persuade the court that was a way forward, having been thwarted

:22:29. > :22:33.previously by someone with drawing content at last minute. If it was to

:22:33. > :22:38.be done on a regular basis, and if it was to be live streaming, then it

:22:38. > :22:43.would have to be done without consent. But, again, I don't see a

:22:43. > :22:47.particular problem with that. other obvious objection would be

:22:47. > :22:54.that witnesses might not be so prepared to come... You can imagine

:22:54. > :22:57.a lot of trials where some of the witnesses are, to put it in a way,

:22:57. > :23:01.dodgy geezers, and they don't particularly like the idea of having

:23:02. > :23:05.their faces plastered all over the television. They can have their

:23:05. > :23:08.faces plastered all over as they are coming in and out of court. People

:23:08. > :23:12.can come in and watch the trials anyway. The fact it may well be seen

:23:12. > :23:17.by more people is hardly a reason... What is the good side of

:23:17. > :23:22.this? Do you just want people to understand how the law works?

:23:22. > :23:25.part of it. At the moment, people 's understanding of the law comes from

:23:25. > :23:29.Coronation Street or EastEnders, whether it's English law badly

:23:29. > :23:33.done, or in America. It will give them an insight into it and how

:23:33. > :23:40.difficult it is for the people who prepare these cases. Tomorrow's

:23:40. > :23:47.front pages. It's summer, hot weather. The Guardian, G4S faces

:23:47. > :23:57.damages claim of killing a deportee. The Daily Telegraph, anger as Europe

:23:57. > :23:58.