01/11/2015 Sunday Politics Wales


01/11/2015

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Morning, folks, and welcome to the Sunday Politics.

:00:37.:00:41.

The spectre of surveillance as the Government outlines new

:00:42.:00:43.

powers in the digital age for our security services and new

:00:44.:00:45.

Are they enough to allay worries about the prying eyes of the state?

:00:46.:00:53.

It's been a frightful week on Downing Street for George Osborne.

:00:54.:00:56.

Has the Chancellor's reputation suffered lasting damage?

:00:57.:01:00.

International Women's day gets debated by MPs every year,

:01:01.:01:02.

Later in the programme: a debate on men's issues to mark

:01:03.:01:09.

Should it be illegal to change historic place names in Wales?

:01:10.:01:11.

The Welsh Language Commissioner tells us why she thinks it should.

:01:12.:01:16.

The Welsh Language Commissioner nearly half of all the capital's air

:01:17.:01:19.

pollution and the Mayor is being urged to do more to clean up that

:01:20.:01:26.

And with me on All Hallows' day three saintly political journalists

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Nick Watt, Polly Toynbee and Janan Ganesh who'll be tweeting

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So, it's been rumbling for weeks but the row over the Chancellor's

:01:33.:01:38.

cuts to tax credits finally came to a head last week with a defeat

:01:39.:01:41.

in the Lords and serious dissent among Tory MPs in the Commons.

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George Osborne has gone back to the drawing board on tax credits

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and promised to "deal with" the House of Lords, whose actions

:01:49.:01:51.

The Prime Minister set up a review of the Lord's powers.

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That review is being headed by hereditary Tory peer

:01:59.:02:01.

He had agreed to do an interview with us this morning but 10

:02:02.:02:06.

Downing Street phoned us yesterday to pull him from the show.

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We think the government does not want us to talk about tax credits,

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so let's talk about tax credits. Janan, will the Chancellor now get

:02:26.:02:29.

away with some fine tuning, with some tweaking, or does he have to

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start from scratch? Even the tweaking is very difficult. It is

:02:35.:02:40.

technically difficult to reform the policy while simultaneously helping

:02:41.:02:43.

people who stand to lose out. It is fiscally difficult because the

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current policy saves about ?4 billion, a third of the ?12 billion

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he pledged to fine from welfare. There is no managerial way of doing

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it. What could be done is either projecting, or hoping for

:03:00.:03:02.

projections of higher tax receipts so he has to cut less. The deficit

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is not as bad. Or move the target for getting rid of the deficit and

:03:10.:03:15.

achieving the surplus year later. It is a much more fundamental solution.

:03:16.:03:21.

It was only a few months ago the Tory press thought Mr Osborne walked

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on water. His reputation has taken a real battering from this. In a very

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short time, three weeks since the Tory party conference when they

:03:34.:03:36.

walked out in a state of Triumph and euphoria. This budget looks like

:03:37.:03:41.

another omnishambles and considerably more serious. Last time

:03:42.:03:47.

it was funny with pasty taxes. This time, can he really drive through

:03:48.:03:52.

all these cuts? At the moment he is trying to put imposed 40% cuts which

:03:53.:04:00.

are undoable, like local government. This is only the first of many more

:04:01.:04:06.

that will come, this undertaking. Ministers will cave in and accept

:04:07.:04:10.

the cuts, but their departments will fall apart and they will rebel.

:04:11.:04:19.

Against a weaker Chancellor. Yes. As Janan says, there is no tweaking

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available. He gives back exactly the same amount of money he takes away,

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or these hard-working people will be out of pocket. What do you hear

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about what might be in the pipeline? We have got the Autumn

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Statement and a comprehensive review, a three-year rolling

:04:38.:04:41.

spending plan. It is on the last Wednesday of this month and now we

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are in November, what is he up to? He is going to pony up and pony up

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megabucks thanks to Rupert Harrison, his former economics

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adviser and he devised the deficit reduction plan in the last

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Parliament and the plan to target the surplus in this Parliament. It

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sounds really hard line, there is no change from plan A, but it always

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has written into it plan B and planned sea. He has delayed by one

:05:13.:05:16.

year the targeting of the surplus and he could delay it by a further

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year and still reach it by the time of the general election. Or he could

:05:21.:05:26.

say because the OBE I will revise down economic growth forecasts by

:05:27.:05:30.

the time of the Autumn Statement, the 10 billion he is meant to

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achieve by 2019-2020, that could come down. The Chancellor is in a

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hole and he is not stupid and he is going to get out of it and he is

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going to spend a lot of money, but he will sound hard line by duffing

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up the House of Lords. Do we take it seriously, the duffing up of the

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House of Lords to reflect from the tax credits strimmer? Strimmer,

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rumpus, whatever you want to call it. There was a lot of talk about

:06:02.:06:08.

them stuffing the Lords... With Tory peers? Which ended badly the last

:06:09.:06:14.

time it happened about 100 years ago. I cannot believe they will do

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anything as provocative as that, but if he wired House of Lords another

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incident like this and you make the argument for your own abolition.

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There is a good argument for reform and abolition. I do not see why the

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Lords should not do this as often as they want as long as the government

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refuses to have a democratic debate. Willie Whitelaw is not of the most

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ferocious people in the entire political system. We could have put

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him through the fire this morning, but at least we did not talk about

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Now, how far should the security services be able to spy

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This week the Government will publish draft legislation to create

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new powers and a new framework for the security services as they adapt

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to the ever-growing challenges of digital communications being used by

:07:06.:07:07.

the bad guys - terrorists, criminals,

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paedophiles. But is there still a danger the privacy of innocent

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Joe public gets gets violated as the power to intrude is extended?

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There is not one person at MI6 who is not talking about it.

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What, the upcoming draft Investigatory Powers Bill?

:07:27.:07:31.

Sadly, my invite to the premiere of the new film got lost in the post,

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so I am at this display of Bond cars at the London Film Museum instead.

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In the new Bond film in which he drives this, one of the themes is

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surveillance in the Internet age, and Westminster is revving up

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for a potential row about how much the police and intelligence agencies

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Because in the Goldfinger years of the '60s, it was easy to spy

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on the villains, tail their Rolls or tap their phone.

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Now, in the Daniel Craig era, the spooks need new weapons to track

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One source told me that the work at places like the listening post

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GCHQ has shifted from looking for a needle in a haystack to finding a

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piece of hay in a haystack, and so a big question will be, how does the

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goverment handle what is called bulk data? In other words,

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looking at everyone's web activity to isolate the dodgy stuff.

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Not something to worry about, say security types.

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They are not interested in whether Lord West is having

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They do not care, they do not look at that.

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What they want to know is, am I talking to a bomb maker in the

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Yemen who is talking to someone who they know has carried out an attack

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in the Middle East before, who is talking to some American group that

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we know are terrorists, that is talking to some people

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When they get all these linkages, they hone it down and hone it down,

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they use big data in the sense they use other techniques to refine it,

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then they will say, this is extremely worrying, there is

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something going on and then they will say, we want to go and look

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at the detail of what is in these e-mails, or on social media.

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But it scares the living daylights out of

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The big issue for her, whether judges get to be involved.

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At the moment, if someone wants to tap your telephone,

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it is the Foreign Secretary or the Home Secretary who decides.

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Normally in democracies we think there is a role for the judiciary in

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This has not happened in the UK compared to the US or elsewhere

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We also need to look to see the extent to which the security

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agencies seek more power, do they want the power to hack our

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Something that was considered outrageous when journalists did it,

:09:55.:10:02.

is it now going to be OK for the spooks?

:10:03.:10:08.

When the last Bond film came out three years ago, Parliament was

:10:09.:10:13.

fighting over the so-called snoopers' charter, which would have

:10:14.:10:16.

compelled Internet companies to keep and hand over a lot of our data.

:10:17.:10:23.

It was thrown out when Nick Clegg played the role of Dr No

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A security minded Conservative told me this could be another car crash,

:10:27.:10:36.

because there are enough Tory MPs worried about civil liberties that

:10:37.:10:39.

the government will need Labour support in the Commons,

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So, will your browsing history remain for Your Eyes Only,

:10:43.:10:49.

do you trust Her Majesty's Secret Service, or are the worriers just

:10:50.:10:53.

Stay tuned for Theresa May's new legislation, coming soon.

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Hopefully they do not ban bad James Bond puns.

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Well, James Bond puns are unlikely to be outlawed but on the

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Andrew Marr Show this morning the Home Secretary, Theresa May,

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did confirm that internet service providers would have to keep

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She was also asked about whether judges would need to

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As I say, the three reviews came up with three

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David Anderson was clear that he thought, partly

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in relation to future proofing on future legislation, future legal

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challenges, perhaps, judicial authorisation was the right way.

:11:39.:11:41.

The parliamentary committee, the intelligence and security committee

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of Parliament, said there should be executive authorisation, i.e.

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the Secretary of State should still do it because

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We have looked at all of those arguments and listened to what

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people have said, and we will be bringing forward the government's

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position on Wednesday, but as I say, I am very clear that what we will

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bring forward has very strong oversight arrangements.

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We're joined now by the Shadow Home Office Minister and former Director

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of Public Prosecutions, Keir Starmer.

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Welcome, this is the first time we have had due on. It is. As a general

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principle do you support stronger powers for the intelligence services

:12:24.:12:29.

in accessing digital data? There is a case for a new law. We have been

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patching up for a very long time, the law is out of date. It is very

:12:36.:12:40.

important we have no go areas for those involved in serious offending

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like terrorism and child sexual abuse. And organised crime. And

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organised crime and when I was DPP we rarely prosecuted without relying

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on data and this is important for protecting the public. Is judicial

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as opposed to ministerial approval of warrants to be able to do this,

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is that a red line issue? It is. We have the chance to have a modern,

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comprehensive law that sets out the powers for law enforcement and the

:13:15.:13:17.

security services and at the same time we have the chance, a historic

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chance, to get the safeguards right. One of the safeguard is

:13:23.:13:28.

judicial authorisation of intercept roles. There is a big difference

:13:29.:13:33.

between data and content. By content you mean what are people actually

:13:34.:13:37.

saying to each other? That should be signed off by a judge. That is what

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happens in other countries. That is the real issue. In fairness, Theresa

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May has backed off from the original plans and faced up to some of the

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criticism, but it is really a chance now for all of us to agree a

:13:57.:14:01.

framework for the future that is on the one hand giving the authorities

:14:02.:14:04.

the powers they need, but on the other hand entrenching in law the

:14:05.:14:09.

right safeguards and judicial oversight is important in that. We

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do not know exactly what she is going to say, she has to tell

:14:15.:14:19.

Parliament first, but in the Sunday Times there is the ideal of a 2 tier

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system that an initial warrant, for example what is my browsing history?

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The initial one would be issued by the Home Secretary, but if you want

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to get into the content of what is in these websites and what I have

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been sending, that needs to be a judge. That is one idea that has

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been mooted, what is your reaction to that? I am not in favour of took

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your system. If you're going to go for content, we should go to a judge

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straightaway. Roughly speaking, there are about 2500 warrants per

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year for interceptions. That is a very high number for a Home

:15:09.:15:12.

Secretary to deal with. In reality, that means that a lot of the

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preparation is done by her team, for her to look at. There is nothing

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wrong with that and I am not being critical of the team, but it would

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be far better if it was done by a judge, independent of any of the

:15:26.:15:29.

operations, independent from all the parties. It is a classically judge

:15:30.:15:35.

test, is it necessary, proportionate, focused on the right

:15:36.:15:40.

person? This is what is done in other countries and this would

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settle this dispute and allow everybody to move on, the consensus

:15:44.:15:48.

is important. This could be a historic moment if the Home

:15:49.:15:53.

Secretary will allow it. She has stepped in the right direction. If

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she completes on that by having the right safeguards, that is a prize

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worth having. However, who would be accountable if a judge refused a

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warrant, not a politician, what a judge, and as a result, there was a

:16:09.:16:14.

terrorist attack? Who do we hold accountable? One idea would be to

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have a panel of judges, a commission of judges. There are many judges

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that are clear to do this sort of work. Individual decisions have to

:16:25.:16:29.

be made. In the main, we hope the decisions are right. We could not

:16:30.:16:38.

hold a judge accountable? If the Home Secretary gets it wrong, she's

:16:39.:16:41.

accountable, she has to appear before Parliament, come on

:16:42.:16:43.

television, it could be the end of her job. The judge would be

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accountable? We have always had a system of accountability with judges

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that relies on the right person making the decision in the first

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place and after the event, investigation and looking at the

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warrants that had been issued. That system did continue. It is

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difficult, we are arguing in the dark, but I do not accept the

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proposition that if you put it to an independent judge that is a lesser

:17:08.:17:11.

safeguard than if you put it to the Home Secretary. These are decisions

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about how privacy is too precious to be left with the Home Secretary. It

:17:18.:17:20.

should be done by a judge. Within these constraints, I take it you

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think that the Internet browsing history of every computer net device

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should be kept by Internet providers by 12 months? That is the position

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that David Anderson, the independent reviewer, proposed. We will have to

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see what is in the bill, but it needs to be as clearly can just

:17:39.:17:44.

rained -- clearly constrained as possible for as short a time as

:17:45.:17:50.

possible. How much, who accesses it, and what conditions, this is key.

:17:51.:17:58.

Your leader and deputy leader in the Labour Party has been opposed to

:17:59.:18:04.

this type of legislation. Mr Corbyn called previous attempts a massive

:18:05.:18:08.

intrusion into people's lives. What do you say to him? It is a massive

:18:09.:18:14.

intrusion, any interception of Communications is. The question is

:18:15.:18:17.

whether it is justified. I have worked with the police, Lauren

:18:18.:18:22.

Forstmann and the security services for five-year is, when I was

:18:23.:18:26.

Director of Public Prosecutions. I know how important it is that we get

:18:27.:18:30.

access to the material we need to get access to, not just in terrorist

:18:31.:18:39.

cases. As you say, you have been director of public and is. How much

:18:40.:18:42.

more difficult would it have been for you to get major convictions in

:18:43.:18:47.

serious cases without both the 2004 and 2006 terrorist acts which Mr

:18:48.:18:51.

Corbyn opposed? Very difficult. We use them on a regular basis. I said

:18:52.:18:56.

that when I was in the job. I made the case that we should not lose

:18:57.:19:00.

capability and I am not going to change my mind. It is not just your

:19:01.:19:06.

leader or his deputy, many of the 22 Labour MPs who voted against this

:19:07.:19:09.

previous piece of legislation on this subject area, they are the ones

:19:10.:19:14.

who nominated Mr Corbyn for Nader and they are now in power is the

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position and influence in your party. Do you see a serious split on

:19:20.:19:26.

this issue? I do not think so. I think Jeremy Corbyn listens to

:19:27.:19:30.

colleagues in policy response to the government. We will make a response

:19:31.:19:36.

when we have heard what the Home Secretary has said. We should seize

:19:37.:19:43.

the opportunity for proper safeguards. In fairness, in the

:19:44.:19:48.

past, Mr Corbyn and others were emphasising the case for safeguards

:19:49.:19:51.

which they did not think were strong enough. To clarify, I have been told

:19:52.:19:56.

that you have squared Mr Corbyn on this. In your view, if it is proper

:19:57.:20:02.

judicial oversight, then Mr Corbyn will go along with those measures? I

:20:03.:20:09.

would not use that expression but we have had a discussion. There is

:20:10.:20:13.

clarity in agreement that proper powers where they are needed, it is

:20:14.:20:18.

right to have proper safeguards. He is with you on that? Uncompromising

:20:19.:20:22.

on the safeguards is the position we should adopt, but do not stand in

:20:23.:20:26.

the way of the powers that are necessary for law enforcement and

:20:27.:20:30.

the security services where they are needed. You squared it, because you

:20:31.:20:35.

have got the agreement of the Labour leader on that. That is the position

:20:36.:20:42.

on what we have agreed. As an Andy Burnham biker in the election, how

:20:43.:20:47.

is Jeremy Corbyn doing, better or worse than you expected? Jeremy

:20:48.:20:51.

Corbyn got a massive mandate to lead the party. He has put together a

:20:52.:20:59.

broad team to lead the party. We are developing policy in response to the

:21:00.:21:04.

government's programme. We have a government at the moment that is

:21:05.:21:08.

extreme in the sense that it is pushing through provisions furiously

:21:09.:21:11.

and fast that it odd to be holding back and looking out to be

:21:12.:21:16.

scrutinised more carefully. I think we are doing fairly well in this

:21:17.:21:23.

exercise. You are London MP. London Labour got easily the most votes in

:21:24.:21:28.

the capital at the general election. Many people say this is a Labour

:21:29.:21:34.

city by and large. If Labour does not win the 2016 election for mayor,

:21:35.:21:41.

does that indicate that a general election victory under Mr Corbyn is

:21:42.:21:47.

a long, tough stretch? Listen, this time last year I was about to start

:21:48.:21:51.

a selection exercise to be selected as Frank Dobson's replacement as

:21:52.:21:56.

Labour candidate. We were all predicting what the general election

:21:57.:22:00.

would hold. I am not going to fall into the trap of trying to work out

:22:01.:22:05.

what will happen in 2020. I will say it is really important that Labour

:22:06.:22:09.

win that election. You need to win? We need to win London, local

:22:10.:22:13.

elections and the general election in 2020. It is an important test for

:22:14.:22:19.

Mr Corbyn, London? If you cannot win London, how would you win the

:22:20.:22:26.

country? It is a test for all of us. I accept that. We must win next

:22:27.:22:30.

year, the local election and the general election. We should focus on

:22:31.:22:35.

that. You have said that Jeremy Corbyn is not the Messiah. I do not

:22:36.:22:39.

think that came as a surprise even to those who voted for him or even

:22:40.:22:44.

Jeremy Corbyn. Is he John the Baptist? I said that Jeremy has

:22:45.:22:51.

broken or a space in which we could have a discussion about the project

:22:52.:22:56.

for the future. We had been lacking that. That space is there. Jeremy

:22:57.:23:01.

Corbyn is not the Messiah. He does not have all the answers and if you

:23:02.:23:06.

touch on, you are not healed. I was seeing, the heavy lifting for the

:23:07.:23:15.

future has to be done by all of us. Keir Starmer, thank you. It has been

:23:16.:23:23.

awhile since somebody has led the Labour Party with your name. Thank

:23:24.:23:24.

you. Now, it's been a torrid few weeks

:23:25.:23:26.

for the government on the issue of tax credits with senior

:23:27.:23:29.

Conservatives such as Boris Johnson and David Willets expressing unease

:23:30.:23:31.

about the Chancellor's proposed cuts,

:23:32.:23:33.

unease which turned into a pretty frightful week for the inhabitants

:23:34.:23:35.

of 10 and 11 Downing Street. Peers created a nightmare

:23:36.:23:38.

for the Chancellor by voting, in the House of Lords, to delay tax

:23:39.:23:40.

credit cuts and to compensate Later in the week, 20 Tory

:23:41.:23:43.

backbenchers, including Bernard Jenkin, Heidi Allen and Jacob

:23:44.:23:48.

Rees-Mogg, also sent shivers up Mr Osborne's spine when they backed

:23:49.:23:51.

a motion from Labour's Frank Field calling

:23:52.:23:53.

on the government to mitigate And there may have been sleepless

:23:54.:23:55.

nights for the Prime Minister over at number

:23:56.:23:59.

10, too, with the EU once more He jetted off to Iceland where he

:24:00.:24:02.

courted controversy by appearing to some to be scare-mongering

:24:03.:24:08.

about life outside the EU. Mr Cameron had said

:24:09.:24:12.

the so-called "Norway option" of having access to the EU single

:24:13.:24:21.

market but little say over EU rules wrong for the UK and that he would

:24:22.:24:24.

"guard very strongly" against it. Now there's trouble brewing

:24:25.:24:27.

for the government over the spooks', Next week the government will unveil

:24:28.:24:30.

a draft Investigatory Powers Bill which former Lib Dem leader

:24:31.:24:34.

Nick Clegg described as And we're joined now by the former

:24:35.:24:37.

Shadow Home Secretary, David Davis. Welcome back to the Sunday Politics.

:24:38.:24:56.

If you go -- but judicial review, would I do it for you? Almost, it is

:24:57.:25:02.

not judicial review, it is judicial authorisation. I beg your pardon,

:25:03.:25:08.

authorisation of warrants by a judge, not a politician. That is 90%

:25:09.:25:13.

of the way they are. We have too much surveillance because they are

:25:14.:25:19.

not proper constraints or checks. If we got back, I would largely lose

:25:20.:25:23.

interest in the area, because it is no longer a real threat to our

:25:24.:25:27.

liberties. What about your attitude towards what I was speaking about

:25:28.:25:30.

with Keir Starmer, because it was briefed on from the Home Office, the

:25:31.:25:36.

2-tier approach, an initial approach to find out what websites I am

:25:37.:25:42.

looking at, that comes from the Home Office, but to dig down to get into

:25:43.:25:46.

the content of what I have been doing, that needs a judge? No. The

:25:47.:25:52.

best guidance on this is the independent reviewer of terrorism

:25:53.:25:55.

legislation, David Anderson, who issued a strong report on this. He

:25:56.:26:01.

said it has got to be independent and ideally overseen by the

:26:02.:26:06.

judiciary. It cannot be a policeman in the office next door, it cannot

:26:07.:26:10.

be a spy in the office next door, or the Home Secretary, it has to be

:26:11.:26:14.

independent. If you do that, you do not need a 2 tier system, you have a

:26:15.:26:25.

uniform approach. Our politicians not more accountable than judges?

:26:26.:26:28.

Any time I have asked a question of any minister on a security matter,

:26:29.:26:30.

even what Lord did you do this under, they never comment. There is

:26:31.:26:40.

no accountability. -- law. Look at America. 9/11. There were clear

:26:41.:26:46.

errors in the handling of intelligence. The head of the CIA

:26:47.:26:54.

went. Nobody paid a price for that. They should not have done in my

:26:55.:26:58.

view, but they did not pay a price. We take a very soft approach to

:26:59.:27:03.

this. Ministers are not really accountable. If they were, and

:27:04.:27:06.

string questions in Parliament, it would be different, but they are

:27:07.:27:13.

not. They may not be accountable enough, but many people will think

:27:14.:27:15.

they are more accountable than judges who have jobs for life. One

:27:16.:27:22.

minister said, judicial oversight of interception warrants is a bad idea,

:27:23.:27:28.

he did not mean oversight, he meant authorisation. If a bomb gets

:27:29.:27:33.

through because a judge refused to sign a warrant, what will happen?

:27:34.:27:37.

There is a much better way of doing it. Anderson points this out. Also,

:27:38.:27:44.

the other important report on this points this out. You have a proper

:27:45.:27:49.

oversight procedure as well. It backs up things. You have judges

:27:50.:27:55.

that do it, a single panel. They look in retrospect? Yes, add

:27:56.:28:01.

everything that is done, before or after any mistakes. They find them.

:28:02.:28:05.

The aim is to protect the public, that is aim. At the moment the Home

:28:06.:28:10.

Secretary does about ten of these warrants in a working day. It is

:28:11.:28:14.

impossible forward person to do this. It is bad practice, bad

:28:15.:28:20.

managerially, bad legally and bad in terms of counterterrorism. People

:28:21.:28:25.

who take your view of the quarter are lies, Canada, Australia, the

:28:26.:28:31.

United States, New Zealand also of judicial authorisation of warrants.

:28:32.:28:36.

I was looking at the figures, US judges approved 99.6% of all

:28:37.:28:42.

warrants. In the end, it makes no difference. The warrants are given.

:28:43.:28:47.

The warrants are given. The US Judges have been pulled up on this,

:28:48.:28:52.

it has been tightened up. They have somebody to put the other case which

:28:53.:28:56.

they did not have before. If you have a decent system, you do not

:28:57.:29:01.

take a bad warrant. You do not go to them with the expectation of being

:29:02.:29:04.

turned on, you make sure you have the right person at the rate basis.

:29:05.:29:09.

The percentage does not tell you much. If you do not get judicial

:29:10.:29:13.

authorisation, will you challenge this bill in the courts as you did

:29:14.:29:18.

the last bill? No, because the last one went through the Commons in the

:29:19.:29:22.

courts as you did the last bill? No, because the last one went through

:29:23.:29:24.

the Commons on Wednesday it had not been properly tested, so I thought,

:29:25.:29:28.

let's tested elsewhere. Parliament is a better test than court if it is

:29:29.:29:33.

allowed to do the job. I do not think this bill will get through the

:29:34.:29:36.

Commons or the House of Lords without judicial authorisation. Even

:29:37.:29:40.

if the government comes out without it this week, it will have to change

:29:41.:29:45.

again? There is a new consensus on this across the board, across the

:29:46.:29:49.

experts, the Spriggs, the parties and the Houses of Parliament. The

:29:50.:29:53.

Prime Minister consistently claims that he rules nothing out in Europe,

:29:54.:29:57.

but is it not the case that by rubbishing the Norwegian option as

:29:58.:30:01.

he did last week, it is clear he is determined to stay" Mac -- to stay.

:30:02.:30:15.

He wants to get an outcome which allows him to stay in. Attacking the

:30:16.:30:29.

Norwegian option is irrelevant. Sure, he wants to be able to

:30:30.:30:35.

negotiate to stay in. But the EU is in crisis. Many people on your side

:30:36.:30:41.

say it is such a crisis at the moment that a British exit could be

:30:42.:30:45.

a catalyst for the whole demise of the EU project. So why doesn't the

:30:46.:30:51.

Prime Minister make much tougher demands as the price for staying in?

:30:52.:30:56.

It would be a catastrophe if Europe was to lose us. He is caught in a

:30:57.:31:01.

conundrum. I broadly would agree with that argument. He should make

:31:02.:31:07.

extremely tough demands. Tell the British public it is a negotiation,

:31:08.:31:11.

you will not get everything, but we will put the outcome to you. The

:31:12.:31:17.

problem is any failure to achieve a complete success would be used as a

:31:18.:31:22.

weapon to beat him with and therefore he will aim lower in the

:31:23.:31:27.

hope to gain 100% success. It is the wrong analysis. The high bar with an

:31:28.:31:34.

acceptance you will not get everything would have been smarter.

:31:35.:31:39.

Like the trade union leader asking for five quid a week more and you

:31:40.:31:45.

settle for four? Exactly. When I negotiated with the European Union

:31:46.:31:50.

we try to get tough demands, but we did not get everything because we

:31:51.:31:56.

were outnumbered, 14-1. But here for the very reason you said Europe is

:31:57.:32:05.

no longer in a strong position. Its primary experiment the euro is in a

:32:06.:32:10.

terrible state and we have got the stronger argument. Is it not

:32:11.:32:15.

inevitable, given that, that when we finally get to know what the Prime

:32:16.:32:18.

Minister is asking for in some detail, and we may get that in

:32:19.:32:24.

December, is it not the truth that a huge chunk of your party, made the

:32:25.:32:31.

most of them, is going to be deeply disappointed by the paucity of his

:32:32.:32:36.

demands? I do not think so. The truth of the matter is that

:32:37.:32:42.

everybody has got a condition to the fact the demands will not be

:32:43.:32:47.

substantial, constitutional changes, and people are changing their

:32:48.:32:51.

position to whatever stance they want to take. One thing is that

:32:52.:32:57.

unlike Maastricht there is the option of a referendum. They have

:32:58.:33:01.

got that option to exercise and they will try and get a resolution. That

:33:02.:33:06.

will pacify people. Let me come to tax credits. Should Mr Osborne tweak

:33:07.:33:13.

his tax credit plan to make it more acceptable, or should he in effect

:33:14.:33:17.

junk it and go back to the drawing board? Two things. He needs to

:33:18.:33:24.

achieve a reform of tax credits. It is a bad system, it is too

:33:25.:33:29.

expensive. He also needs to achieve fiscal balance by 2020. Those two

:33:30.:33:35.

things are requirements. But what he does not need to do is do it next

:33:36.:33:42.

year. That is the issue. Along with Frank Field I sponsored a debate on

:33:43.:33:46.

Thursday in the Commons which got amazing uniformity and what came out

:33:47.:33:49.

of that was the feeling that what ever you do, so long as it does not

:33:50.:33:54.

penalised the working poor, particularly dependent, then we will

:33:55.:34:00.

go with it. That is the criteria. That is more than a tweak. It is a

:34:01.:34:06.

lot more than a tweak. If you are a single parent working and raising

:34:07.:34:12.

two kids, you could lose ?2000. You cannot afford to lose a pound. What

:34:13.:34:18.

we will do is a lot more than a tweak, but it is getting to the same

:34:19.:34:24.

place in 2020. The financial markets will accept that. They will say it

:34:25.:34:29.

is the endgame that matters. Thank you for being with us today.

:34:30.:34:34.

It's coming up to 11.35, you're watching the Sunday Politics.

:34:35.:34:36.

We say goodbye to viewers in Scotland who leave us now

:34:37.:34:45.

Hello, and welcome to Sunday Politics Wales.

:34:46.:34:48.

We'll hear from one Welsh MP about plans he claims would give

:34:49.:34:51.

thousands of NHS patients access to life-saving treatments

:34:52.:34:54.

And why are the First Minister and Welsh Secretary at loggerheads

:34:55.:35:01.

But first, the Welsh Language Commissioner says it

:35:02.:35:06.

should be made an offence to change historic place names in Wales.

:35:07.:35:10.

Meri Huws says some place names should be

:35:11.:35:12.

It's an issue which has been brought into focus

:35:13.:35:17.

by a recent controversy about the name of an estate near Caernarfon.

:35:18.:35:21.

The name Glynllifon has been associated with this estate near

:35:22.:35:30.

Caernarfon since the 16th century, and so there was uproar when this

:35:31.:35:35.

grade-one listed building was recently referred to

:35:36.:35:37.

as Wymbourne Mansion in marketing material

:35:38.:35:40.

belonging to a company which had agreed to buy the property.

:35:41.:35:45.

The Yorkshire-based firm has now pulled out of the deal,

:35:46.:35:48.

as a result of what it describes as an unexpected negative reaction.

:35:49.:35:52.

MBI Consulting insists they never intended to change Glynllifon's

:35:53.:35:56.

name, but the story has led to renewed calls for more to be done

:35:57.:36:00.

And with the historic Environment Bill

:36:01.:36:06.

progressing through the Assembly, the Welsh Language Commissioner

:36:07.:36:08.

I think what we need to do to ensure the protection of place names is,

:36:09.:36:16.

in the first instance, to record, and then place statutory protection,

:36:17.:36:20.

with good reason, on those names, whatever their derivation.

:36:21.:36:23.

So that it would become an offence to change them?

:36:24.:36:26.

Yes, and that is done in other places in the world.

:36:27.:36:30.

I think Wales should really look at those examples of places

:36:31.:36:33.

in Australia, New South Wales, Victoria, where there is a

:36:34.:36:36.

a panel that maintains that register, and it's an offence if

:36:37.:36:44.

those place names are not used appropriately.

:36:45.:36:48.

I think it's a wonderful opportunity here, with this legislation,

:36:49.:36:51.

Across Wales, there are countless examples of Welsh language place

:36:52.:36:56.

names which have either had their spelling anglicised,

:36:57.:36:59.

been translated, or changed altogether.

:37:00.:37:03.

Faerdre Fach offers accommodation to holiday-makers looking to spend

:37:04.:37:06.

but those staying here will be more familiar with

:37:07.:37:11.

the name used to advertise the business online - Happy Donkey Hill.

:37:12.:37:16.

Most of our visitors are only here for seven days at best,

:37:17.:37:19.

and if they trot off back to Yorkshire or Sunderland, or

:37:20.:37:24.

and say, "We stayed at Faerdre Fach."

:37:25.:37:28.

They won't say it properly, they definitely can't spell it,

:37:29.:37:31.

and the person they are talking to will never remember it

:37:32.:37:34.

It is a vehicle for people to remember

:37:35.:37:37.

and to find us on the internet, and the place is called Faerdre Fach.

:37:38.:37:41.

It will always be called Faerdre Fach.

:37:42.:37:44.

Nevertheless, Faerdre Fach was given as an example

:37:45.:37:46.

of a place which has already lost its Welsh name, during a recent

:37:47.:37:50.

There is nothing to stop any name being changed.

:37:51.:37:55.

We could end up with a whole series of Seaviews, Oceanviews,

:37:56.:37:58.

These ancient names are part of our heritage, as much as the buildings.

:37:59.:38:06.

Mike Hedges is a member of the Communities, Equality

:38:07.:38:11.

which has been scrutinising the historic Environment Bill.

:38:12.:38:15.

The committee has said it's concerned to hear place names can be

:38:16.:38:18.

changed with little or no challenge, and the lack of consideration given

:38:19.:38:24.

However, the committee accepts that providing statutory protection

:38:25.:38:29.

for historic place names may be difficult to deliver.

:38:30.:38:33.

In line with the committee's recommendation,

:38:34.:38:35.

the Deputy Minister For Culture is taking steps to ensure historic

:38:36.:38:39.

place names like Glynllifon will be added to local records, so their

:38:40.:38:42.

But that won't make it an offence to change them.

:38:43.:38:50.

Statutory protection will be very difficult to deliver.

:38:51.:38:52.

It would require considerable bureaucracy and administration,

:38:53.:38:56.

I wouldn't entirely shut the door on the possibility

:38:57.:39:00.

of statutory protection, but as it's been presented so far,

:39:01.:39:03.

it would probably not be workable or enforceable either.

:39:04.:39:08.

Ken Skates also said he is pleased Glynllifon's name is safe -

:39:09.:39:11.

and he is glad the controversy over the mansion's future has sparked

:39:12.:39:16.

such a passion discussion about the value of our heritage.

:39:17.:39:23.

I'm joined now by the Conservative AM and Shadow Culture

:39:24.:39:27.

Thanks for joining us. Let's cover the issues raised in the peace

:39:28.:39:39.

there. We heard the Welsh line which Commissioner called for statutory

:39:40.:39:44.

protection for historic place names. Do you agree?

:39:45.:39:47.

I think it is interesting that the Assembly has itself as opposed to

:39:48.:39:51.

the Government raised this issue. I was pleased to the deputy ministers

:39:52.:39:55.

say he is looking to bring something in the historic environment act are

:39:56.:40:02.

to do with the issues raised there. I am sceptical about the rush to

:40:03.:40:06.

legislation, because the last thing the Assembly needs to be associated

:40:07.:40:09.

with is legislation that perhaps does not work. I think the deputy

:40:10.:40:13.

minister was right to say, this is tricky to deal with eye statute.

:40:14.:40:19.

Having said that, there is merit in having local records dealing with

:40:20.:40:22.

this. I think there is a lot of confusion about how we use names.

:40:23.:40:28.

Certainly in the case of happy donkey held. That is a change name,

:40:29.:40:34.

not a change from the Faerdre Fach. If you are trying to get people to

:40:35.:40:37.

come into Wales, you need to use all of the things you have for years. If

:40:38.:40:41.

that is using English and Welsh, that is brilliant.

:40:42.:40:45.

So you don't think it should be an offence?

:40:46.:40:50.

Many of the problems are made into offences... Rather than if you get

:40:51.:40:53.

the name of a place wrong through bad taste or ignorance. I think he

:40:54.:41:04.

meant makers of Oceanviews. Also not offensive.

:41:05.:41:06.

He says, we can protect historic businesses, why not -- buildings,

:41:07.:41:12.

why not names? Who would take the responsibility

:41:13.:41:16.

for making sure that either businesses are people moving into an

:41:17.:41:20.

area and buying property know the importance of those names to that

:41:21.:41:23.

area. I don't think it is encouraging to say, if you get that

:41:24.:41:26.

wrong, you are committing an offence.

:41:27.:41:31.

If we look at the Welsh language in a wider sense, policy on Welsh

:41:32.:41:35.

language. Recently we had the first wave of Welsh language standards

:41:36.:41:40.

published. That will apply to councils and other parts of the

:41:41.:41:44.

public sector, about what services they must provide in Welsh. You have

:41:45.:41:50.

had concerns. Are you confident they can be effective?

:41:51.:41:54.

I won't say I have doubts about the concept of standards. They are game

:41:55.:41:59.

changers. If you are serious about not just protecting Welsh language

:42:00.:42:01.

but making it relevant to everyday lives of their businesses,

:42:02.:42:04.

individuals and teachers understand that this is something that does

:42:05.:42:09.

have value, not just to us and our identity, but to us as a trading

:42:10.:42:13.

nation. I think standards are a good idea. Where I had some concerns is

:42:14.:42:18.

that with the first round of standards, the application of those

:42:19.:42:22.

is really important to get those rights, so they were not too

:42:23.:42:26.

heavy-handed. And not to like a touch either.

:42:27.:42:29.

Are you happy with what was published?

:42:30.:42:34.

Yes I'm happy. What will apply differently in different local

:42:35.:42:36.

authorities is... It'll be a question of seeing how those

:42:37.:42:41.

different local authorities react. I think to jump to conclusions about

:42:42.:42:45.

how efficient and effective it will be is too early at the moment to do

:42:46.:42:49.

that. I would like some time to see... Particularly with the second

:42:50.:42:52.

round. The second round will be more public

:42:53.:42:56.

sector bodies, then eventually some private sector will be covered. You

:42:57.:43:00.

comfortable with that? Yes. The party supported the Welsh

:43:01.:43:06.

language measure when it was introduced in the last Assembly. At

:43:07.:43:12.

the moment it only covers utilities. The real range of Government in the

:43:13.:43:17.

public sector bodies... If they don't get that right, I think there

:43:18.:43:21.

is a possibility of further legislation on that, but I would not

:43:22.:43:25.

rush to that, because things need a chance to show they can work.

:43:26.:43:29.

Are you concerned about private companies, beyond the utilities?

:43:30.:43:34.

I don't think we need to legislate for that. Let the utilities do what

:43:35.:43:39.

they can do properly first, because I think they may act as good

:43:40.:43:44.

examples for larger private sector companies.

:43:45.:43:46.

Is unhappy with what the Welsh Government is doing at the moment in

:43:47.:43:49.

terms of Welsh language, is that fair? -- you sound happy.

:43:50.:43:55.

What I am not happy about is the fact they spent a lot of time with

:43:56.:44:00.

the first round of standards. They have taken a long time to deal with

:44:01.:44:06.

the influential report about how we introduce Welsh more effectively

:44:07.:44:08.

through education. It is not all good news for the Welsh

:44:09.:44:11.

Government... What with the Welsh Conservatives do

:44:12.:44:14.

differently? I cannot give our manifesto secrets

:44:15.:44:19.

away. The report I just talked about has had an influence on our

:44:20.:44:23.

thinking. It has been to three years since we announced our trial policy,

:44:24.:44:30.

which predates that report, and had some ideas which were in that

:44:31.:44:36.

report, before she did. Can we expect radical ideas about

:44:37.:44:40.

how to defend the Welsh line which? You will see a Welsh Conservative

:44:41.:44:46.

manifesto that recognises there is a lot of time and money on previous

:44:47.:44:50.

Welsh language policy, which has been good for Wales, and for people

:44:51.:44:54.

to genuinely use it, we would do things differently.

:44:55.:44:55.

Thank you. A Welsh MP believes

:44:56.:44:57.

a new law he's trying to introduce could give thousands of NHS patients

:44:58.:44:59.

across the UK access to affordable Labour's Nick Thomas-Symonds

:45:00.:45:02.

says his Off-Patent Drugs Bill is designed to make drugs that were

:45:03.:45:07.

licensed for one use, but have fallen out of patent,

:45:08.:45:10.

available for other uses on the NHS. Some drugs have been found to be

:45:11.:45:16.

effective for other conditions, not covered by their original licence,

:45:17.:45:19.

but at the moment, there is no financial

:45:20.:45:23.

incentive for pharmaceutical companies

:45:24.:45:25.

to get them approved. The MP for Torfaen has been

:45:26.:45:28.

explaining the bill to At the moment, the position is that

:45:29.:45:30.

there are drugs on a patent for a certain period of time, and they

:45:31.:45:39.

will have a licence for that use. But drugs then can have a secondary

:45:40.:45:43.

implementation, a different use. But they will not then have

:45:44.:45:49.

a licence for that repurposed use. Neither will there be any incentive,

:45:50.:45:56.

any financial incentive for a pharmaceutical company to step

:45:57.:46:01.

in and do that. At the moment, these drugs,

:46:02.:46:05.

they are called "off-label" drugs. They are extraordinarily cheap.

:46:06.:46:09.

We are talking about pennies a day. But they are not routinely

:46:10.:46:14.

prescribed across the UK - not routinely prescribed and

:46:15.:46:17.

consistently prescribed in different geographical areas, nor indeed

:46:18.:46:21.

in different spheres of medicine. What my bill, the Off-Patent Drugs

:46:22.:46:25.

Bill, which has its second reading this coming week on the 6th

:46:26.:46:28.

of November, does, is that it puts the duty on the Government, and the

:46:29.:46:33.

Secretary of State for Health at a UK level, to step in

:46:34.:46:37.

and to seek licences for these drugs They will then have that Kitemark,

:46:38.:46:41.

of a licence to be able to be routinely prescribed, together with

:46:42.:46:48.

a Nice technological appraisal. What it does is plugs a gap

:46:49.:46:54.

in the market, where there is a market failure, for

:46:55.:46:58.

our Government to step in, and to make the prescribing of these drugs

:46:59.:47:01.

are consistent across the country. If a drug, though,

:47:02.:47:04.

has been discovered to have benefits beyond its original intention,

:47:05.:47:08.

but is no longer in the license, what is to stop the NHS doctors,

:47:09.:47:11.

using it anyway? Could they just say, well, actually,

:47:12.:47:16.

it turns out this does something It can theoretically happen, and

:47:17.:47:19.

in certain sphere - a good example is paediatrics -

:47:20.:47:25.

it does happen. But it doesn't happen

:47:26.:47:29.

consistently across the board. That is because in the system we

:47:30.:47:32.

currently have, there are disincentives to

:47:33.:47:35.

prescribing off-label. Just to give you an example of that,

:47:36.:47:42.

for example, a physician would have to take a personal responsibility

:47:43.:47:45.

for doing that. There may be information that

:47:46.:47:47.

just simply isn't available in that very short period

:47:48.:47:50.

of time that physicians have to make And what this bill does

:47:51.:47:52.

as it seeks to address that and replace it with an actual system,

:47:53.:47:59.

so that these drugs can be routinely the body that gives the OK to use

:48:00.:48:03.

these drugs, unless it has that sort of Kitemark

:48:04.:48:10.

of being able to give it, the doctors then won't use

:48:11.:48:14.

the drugs unless Nice approve it? As I said, they can be prescribing

:48:15.:48:20.

of-label, but clearly, the licence, and the Nice technology appraisal

:48:21.:48:24.

would introduce a system whereby it could be done consistently.

:48:25.:48:32.

-- off-label. I want to say, as well, that this

:48:33.:48:34.

is a nonparty political bill. It has a breadth of support

:48:35.:48:37.

across political parties, It got some support from

:48:38.:48:39.

the Medical Royal Colleges, 40 top clinicians have written

:48:40.:48:43.

a letter in the Daily Telegraph The Association of

:48:44.:48:50.

British Pharmaceutical Industry says it prefers the legal system that is

:48:51.:48:54.

in my bill, to a situation where drugs would be routinely prescribed

:48:55.:49:00.

off-label, where there was The National Health Service

:49:01.:49:03.

Commissioning Centre, which, of course, the body of the

:49:04.:49:08.

Clinical Commissioning Groups So I would suggest that this bill is

:49:09.:49:11.

a common-sense solution to a problem The Welsh and UK Governments have

:49:12.:49:18.

been slugging it out this week over the latest plans for further

:49:19.:49:27.

devolution - the draft Wales Bill. In the red corner, Carwyn Jones,

:49:28.:49:32.

and in the blue, Stephen Crabb. The Secretary of State for Wales

:49:33.:49:37.

says the bill would give the Assembly more powers

:49:38.:49:39.

and greater clarity on its devolution settlement, but

:49:40.:49:42.

the First Minister says it amounts In a speech in Cardiff this week,

:49:43.:49:46.

Mr Crabb said he was totally open to ideas about improving the draft

:49:47.:49:52.

bill, but wanted to draw a line There is a real danger in Wales that

:49:53.:49:56.

our full economic potential is being hamstrung by a never-ending

:49:57.:50:06.

constitutional debate focused on a largely theoretical discussion about

:50:07.:50:10.

powers, which is entirely divorced of what these powers can actually

:50:11.:50:14.

achieve. But Mr Jones told BBC Wales it was

:50:15.:50:18.

the Welsh Secretary who had been "I haven't mentioned it once,"

:50:19.:50:21.

he said. What he needs to realise,

:50:22.:50:27.

is that what he has produced is a rusty old banger,

:50:28.:50:30.

given it a paint job and then tried That's not what the people of Wales

:50:31.:50:32.

want. At the end of the day, we have to

:50:33.:50:36.

sit down and happy settlement that's that's going to work, so the people

:50:37.:50:40.

don't have to talk about it in the future. What he has presented

:50:41.:50:44.

so far is something unstable. We could be talking about the

:50:45.:50:47.

constitution for ever. Some strong words,

:50:48.:50:50.

and a lot of heat. Let's try and shed some light

:50:51.:50:52.

on it now, with Cathy Owens, a former Welsh Government adviser,

:50:53.:50:55.

and Craig Williams, the Wellcome. Cathy, very emotive,

:50:56.:51:07.

colourful language this week about some pretty dry constitutional

:51:08.:51:10.

issues. What is going on? It is an interesting bill. There are

:51:11.:51:14.

some areas I can agree with, like the fact we should make sure the

:51:15.:51:19.

Assembly can make it on rules. There is a bit in the middle that is

:51:20.:51:25.

complex, about having consensus with UK ministers, and an extra layer of

:51:26.:51:33.

expedient and necessary consensus, and the third bit, the reservations.

:51:34.:51:37.

You can have a bit of this but not less. It is complex.

:51:38.:51:42.

And that is the bit causing the conflict?

:51:43.:51:44.

It is actually the middle bits, about the consent. I think everybody

:51:45.:51:49.

realises that Stephen Crabb, complete with its predecessor, is

:51:50.:51:53.

relatively strong on devolution. He has been seen as a bridgebuilder. He

:51:54.:51:57.

can build a good relationship with the Welsh Government and I think...

:51:58.:52:02.

The public at home know that. A lot of the big infrastructure of things,

:52:03.:52:05.

a lot of investment requires good relationships. Either end of the M4.

:52:06.:52:11.

The strange complexity of the legal system here, the extra consents,

:52:12.:52:18.

which means the UK Government would have to give consent in perpetuity.

:52:19.:52:23.

That will inject conflict into the system, and that is the opposite of

:52:24.:52:28.

what people want. Craig Williams, there has been

:52:29.:52:30.

conflict in the way they have been speaking to each other through the

:52:31.:52:34.

media over the past week. It is damaging, isn't it, but they're

:52:35.:52:37.

talking to each other on those terms?

:52:38.:52:41.

It could be damaging to the process. It has been emotive and I am not

:52:42.:52:46.

sure why. There has been an Assembly election, a political environment,

:52:47.:52:53.

but the first word of the bills draft is... Stephen Crabb is the

:52:54.:52:56.

most pragmatic politician I have met and he will sit down and build those

:52:57.:52:59.

bridges. Wendy has not been building bridges

:53:00.:53:02.

this week. He set out the draft and I think he

:53:03.:53:07.

was expecting mature debates around the bill. Some of the comments from

:53:08.:53:10.

the commentators and politicians must be seen in context of the

:53:11.:53:14.

Cardiff Bay bubble. If we had the same emotion when Cadwallader was

:53:15.:53:21.

put into the situation G is in... If we had the same emotion around

:53:22.:53:26.

education, I would have time for the First Minister. But the back you can

:53:27.:53:30.

get so emotive, and furious over the draft Wales Bill, giving the final

:53:31.:53:36.

project, is ridiculous. It is political code for what I have

:53:37.:53:40.

been able to get out of Whitehall so far. If you don't agree with me, you

:53:41.:53:43.

don't agree with me, you're putting the constitution ahead of prosperity

:53:44.:53:45.

and the health service. That is an issue here.

:53:46.:53:51.

But is it is not emotive to say the help of the nation, the economy is

:53:52.:53:55.

not your priority? It is political code. The same way

:53:56.:53:59.

that one politician will say to another, you are playing politics

:54:00.:54:02.

with the people of Wales. This is the political code and what we could

:54:03.:54:04.

do here is happy sensible conversation where people get to

:54:05.:54:08.

agree. That is not what happened here. This is effectively what

:54:09.:54:13.

Whitehall will allow. Perhaps we could... We have this election

:54:14.:54:17.

coming up which will make it more heated. Perhaps we need a rethink.

:54:18.:54:22.

It is this consents that is causing a problem. We might have a situation

:54:23.:54:27.

where we have a different colour of Government, either end of the M4,

:54:28.:54:31.

possibly for five or ten years. We have to make sure there is a system

:54:32.:54:35.

where you cannot have one Government is giving a veto to watch the

:54:36.:54:38.

directly elected Senedd would like to do.

:54:39.:54:45.

Candy resolve these issues? The committee at the start of this

:54:46.:54:48.

process, are starting a way of coming down to this, and a joint

:54:49.:54:53.

committee between the Welsh affairs and the legislation committee in the

:54:54.:54:57.

Assembly. We will have a mature debate on the point that the chair

:54:58.:55:00.

of the amity and Stephen Crabb have been making, is that this is

:55:01.:55:05.

scrutiny, this is ongoing. If you have a body of evidence out there,

:55:06.:55:10.

the jurisdiction of our Government. Come forward and present that

:55:11.:55:14.

evidence, because at the moment is there is no evidence behind some of

:55:15.:55:17.

these assertions. Let's not forget that Stephen Crabb is delivering the

:55:18.:55:21.

reserve bubble that everyone jumped up and down about. Now delivering

:55:22.:55:24.

that, you do not hear everyone going, great step forward.

:55:25.:55:30.

That is because these added layers have been included. The perpetual

:55:31.:55:34.

consent veto and the issue about necessity. We have had over the last

:55:35.:55:38.

five years, the UK Government and Secretary of State for Wales

:55:39.:55:40.

challenging nearly every bill that has come out of the Assembly. We

:55:41.:55:46.

must try and stop that. Do you think it will become law in

:55:47.:55:49.

the end? The powers that is the important

:55:50.:55:54.

bit. Then we will start getting onto some of the really interesting

:55:55.:55:58.

reservations, where you have got Wales well now, after this bill

:55:59.:56:02.

comes through, be able to decide on speed limits for Wales, and able to

:56:03.:56:08.

incentivise people in terms of energy efficiency, but not a

:56:09.:56:11.

disincentive. And in the end, you think the First

:56:12.:56:16.

Minister will have to take what we've got?

:56:17.:56:18.

There is no doubt there will be enough people in terms of the

:56:19.:56:21.

leadership and members of various parties in Wales will say, let's

:56:22.:56:26.

take the bits we can out of it, like the electoral system, but I'm afraid

:56:27.:56:30.

I don't think there are not enough people in terms of consensus that

:56:31.:56:33.

will allow for the perpetual veto to be included. That Israel out of the

:56:34.:56:36.

decisions need to be done. We can fix other things later -- that is

:56:37.:56:41.

where a lot of the decisions need to be done.

:56:42.:56:45.

One example, to take that one power, and actual power the SMB will get.

:56:46.:56:52.

It will have legislation for enforcement of that law as long as

:56:53.:56:55.

it is appropriate. That is for you to choose whether it

:56:56.:56:58.

is appropriate? Know it is for the Assembly to

:56:59.:57:02.

choose whether it is appropriate and four Whitehall to step in if not.

:57:03.:57:06.

You should not for example say someone should be jailed for ten

:57:07.:57:10.

years for committing a 30 mph... What we must remember in the

:57:11.:57:13.

difference with Scotland as we have got the Welsh and English legal

:57:14.:57:18.

system. This is a quick fix. Any landlord tenant would say there is a

:57:19.:57:23.

Welsh jurisdiction for a law at the moment. I have seen no evidence

:57:24.:57:27.

anywhere that says that there has been a problem.

:57:28.:57:30.

In one word, do you think it will become law in the end, as it

:57:31.:57:33.

stands? Not in this current position.

:57:34.:57:34.

Thank you. Don't forget, you can follow all

:57:35.:57:35.

the latest on Welsh politics To you both,

:57:36.:57:38.

thank you very much indeed. Now, each year the House of Commons

:57:39.:57:47.

holds a debate to coincide with But should the same courtesy

:57:48.:57:52.

be extended to men? That was the question posed

:57:53.:57:59.

by the Conservative MP Philip Davies when he appeared in front

:58:00.:58:01.

of the backbench business committee His suggestion was met with

:58:02.:58:04.

disbelief by the The opportunity

:58:05.:58:09.

for men to raise issues that are Just to give you a flavour,

:58:10.:58:14.

Mr Chairman, of the type of things which may come up and which will be

:58:15.:58:27.

part of international men's day, I am not entirely sure why it is so

:58:28.:58:30.

humorous, but to discuss issues such as men's shorter life expectancy,

:58:31.:58:33.

wider male health issues, many of which go unreported through

:58:34.:58:36.

embarrassment of men to go along You'll have to excuse me

:58:37.:58:38.

for laughing but the idea that men don't have the opportunity to ask

:58:39.:58:44.

questions in this place is a frankly laughable thing and I say this as

:58:45.:58:46.

the only woman on this committee. The idea that this chamber,

:58:47.:58:51.

these Houses, both of them, in any way reflect gender equality

:58:52.:58:54.

is to me a laughable thing. And Philip Davies joins me now

:58:55.:59:02.

from Leeds. Welcome to the Sunday Politics. Jess

:59:03.:59:15.

Phillips is right, Parliament is still dominated by men? Business is

:59:16.:59:21.

dominated by men. Most power centres are dominated by men, you do not

:59:22.:59:26.

need a separate day or debate? There is a difference between how many men

:59:27.:59:31.

are in Parliament and the debate about men's issues. There are

:59:32.:59:35.

serious issues such as the high suicide rate among men, the

:59:36.:59:45.

underachievement of boys in school, the low life expectancy of men, the

:59:46.:59:48.

underreporting of health issues like testicular cancer, the

:59:49.:59:50.

underreporting of male victims of domestic violence. You could bring

:59:51.:59:52.

that up at any time, there are not many in the Commons, to bring that

:59:53.:00:01.

up whenever you want? -- there are enough men. There are few

:00:02.:00:07.

opportunities to bring up these particular issues. There are few

:00:08.:00:09.

times when these issues have been debated. Lots of women are concerned

:00:10.:00:13.

about these issues. Lots of women are married to men, they have

:00:14.:00:18.

fathers and sons. These things should be important to everybody.

:00:19.:00:19.

These are serious issues. Are you surprised at the appalling

:00:20.:00:32.

abuse that clip about? I am not suggesting you did it, but are you

:00:33.:00:36.

surprised at the abuse Jess Phillips found herself on the end of? I very

:00:37.:00:42.

much hope she has reported some of these people to the police. We have

:00:43.:00:47.

a democracy and a debate and she is perfectly entitled to her opinion. I

:00:48.:00:52.

do not agree with them, but she is entitled to her view. Maybe you need

:00:53.:00:57.

a debate about men not behaving in that way over something they do not

:00:58.:01:01.

agree with? We should have debate about what we should do with these

:01:02.:01:06.

morons who contact people in the way they contacted Jess. It is

:01:07.:01:10.

unacceptable, I hope she goes to the police, but that should not take

:01:11.:01:14.

away from the importance of the issues that I want to debate on

:01:15.:01:21.

International Man's Day. You spoke for 90 minutes this week on a bill

:01:22.:01:29.

that would have allowed carers, just carers, to have free parking at

:01:30.:01:33.

hospitals. You talked it out for 90 minutes soak it did not get any

:01:34.:01:38.

further. Why did you do that? I do not know if you have read my speed,

:01:39.:01:42.

but I made it clear why I did not support the bill and what might

:01:43.:01:47.

objections were and they are all there on public record for people to

:01:48.:01:51.

read. It would mean higher car parking costs for other people like

:01:52.:01:56.

disabled people and other vulnerable groups. It would mean a reduction in

:01:57.:02:00.

revenue for hospitals which would mean they would not be able to

:02:01.:02:04.

employ as many doctors or nurses. Why should carers...? They do

:02:05.:02:15.

not... They do have to pay. There are many hospitals that do not

:02:16.:02:20.

charge carers for parking, or hospitals are free to not charge

:02:21.:02:24.

carers from parking if they choose. My view is it is best described at a

:02:25.:02:29.

local level. I have got the picture of you in June holding up a banner

:02:30.:02:35.

and speaking up for carers. I do not think this is what they thought you

:02:36.:02:41.

should be speaking up about. You have not read my speech. I have read

:02:42.:02:47.

bits of it, 90 minutes is a long time. Read it all because I spoke up

:02:48.:02:56.

warmly about carers. OK. Do not say OK, I spoke about things that would

:02:57.:02:59.

have been far better for carers than that ill thought through piece of

:03:00.:03:06.

legislation. If you think I did not speak up for carers, that is a

:03:07.:03:11.

complete and utter lie. Let me move on to Mr Cameron and the European

:03:12.:03:15.

Union. He is now warning about life outside the EU and an associate

:03:16.:03:23.

tight relationship with the EU. Is he really pre-empting the

:03:24.:03:27.

renegotiation? He has really made his mind that he has to do what ever

:03:28.:03:32.

it takes to stay in. Is that a fair conclusion? Yes, absolutely. He will

:03:33.:03:40.

get next to nothing from his negotiation, but will come back and

:03:41.:03:43.

say it was a great triumph and based on that we should stay in the EU. I

:03:44.:03:48.

have never yet come across any Prime Minister in history that has come

:03:49.:03:52.

back from a renegotiation and said, I got nothing out of it, but I did

:03:53.:03:57.

my best. They all claim it is a triumph and we all know it is not

:03:58.:04:02.

going go anywhere. He will campaign for us to stay in. My job is to tell

:04:03.:04:08.

people that any claim of re-negotiation has been a complete

:04:09.:04:15.

farce. On Europe what is the logic other than a sense of panic that the

:04:16.:04:20.

Prime Minister goes to Iceland and talks about the Norwegian option and

:04:21.:04:23.

does not mention the Icelandic option because 80% of the Icelandic

:04:24.:04:30.

people like it. The logic is he can drive a wedge into the anti-EU

:04:31.:04:35.

movement by bringing to our attention that they cannot agree on

:04:36.:04:39.

what being out means. Does that mean being completely out, Donal Meech

:04:40.:04:45.

and model, the Swiss model, a mythical third or fourth option

:04:46.:04:47.

which Britain negotiates for itself? The more the Cameron talks

:04:48.:04:58.

about it, even though it is quite specious, the more attention he

:04:59.:05:01.

brings to the fact that being in means something quite clear. Does

:05:02.:05:07.

it? We do not know which way the eurozone is going to go in the

:05:08.:05:10.

future and Angela Merkel and President Hollande have been talking

:05:11.:05:13.

about greater integration in the eurozone. We do not know what it

:05:14.:05:20.

means in five years' time, but if you voted yes to stay in, you know

:05:21.:05:24.

what the world would be like the following day, but you would not

:05:25.:05:28.

know what it would be like if you voted to stay out. The burden is on

:05:29.:05:37.

the Eurosceptics to say what being out would mean literally

:05:38.:05:42.

immediately. I do not think you can sustain a referendum campaign

:05:43.:05:46.

without having a strong position on that. Is there a sense of panic in

:05:47.:05:50.

Downing Street about Europe? They are losing a sense of control. They

:05:51.:05:56.

do not want out and they think they might end out against their will?

:05:57.:06:01.

That is true. There was a complacency around on all sides of

:06:02.:06:06.

the people in favour of staying in. Business, the CBI, common sense, but

:06:07.:06:11.

the polls are going the wrong way. The longer he leaves it to the

:06:12.:06:16.

referendum the worse the migration crisis is going to look and that is

:06:17.:06:23.

at the heart of this. Nigel Farage was rather convincing earlier today

:06:24.:06:26.

on television, and if he can persuade people, in my opinion

:06:27.:06:32.

wrongly, but somehow that the migration crisis can be solved if we

:06:33.:06:36.

are out of Europe, he might be onto a winner. This has dawned on Downing

:06:37.:06:42.

Street. It is not going away any time soon. The migration crisis is

:06:43.:06:49.

likely to get worse as we get closer to the winter and these asylum

:06:50.:06:55.

seekers, refugees, families, whatever you call them, that will

:06:56.:06:58.

stay on the screens and the moment Mr Cameron tells his party what he

:06:59.:07:03.

is looking for, that is another crisis because they will not be

:07:04.:07:07.

happy. Yes, they will not be happy and Theresa May was putting the big

:07:08.:07:11.

question over the UK's involvement in terms of freedom of movement and

:07:12.:07:18.

Prime Minister will not get that fundamental point changed. David

:07:19.:07:20.

Cameron came out of the election and he thought he could concentrate on

:07:21.:07:24.

his re-negotiation and he would achieve a success and make the case.

:07:25.:07:31.

What they have now realised is that the in campaign and the ad campaign

:07:32.:07:34.

are on the pitch and the government is not. They are running a very

:07:35.:07:41.

effective insurgent campaign. What the government is trying to do is

:07:42.:07:46.

hit on the head the fundamental weakness of the leading campaign is,

:07:47.:07:51.

which is what Janan was talking about, is they cannot say what the

:07:52.:07:56.

future will be. When you leave you trigger Article 50 of the treaty and

:07:57.:08:06.

you leave the European Council. It .2 member states to negotiate with

:08:07.:08:10.

you your departure. That takes two years and that is voted on not by

:08:11.:08:17.

you, but by the other 27 on the basis of a qualifying vote. The UK

:08:18.:08:22.

could not count on friends like Germany to rally to our support. The

:08:23.:08:26.

Prime Minister is trying to say you have no ability to say what sort of

:08:27.:08:31.

arrangement we will have and that is where they are finally coming onto

:08:32.:08:36.

the pitch. George Osborne goes to Berlin this week to make speech on,

:08:37.:08:44.

I assume, to outline what he and the government wants from the European

:08:45.:08:48.

Union. But this is becoming a problem for the Chancellor as well.

:08:49.:08:52.

It has not been the best ten days for him. We are told he did not give

:08:53.:08:58.

enough attention to tax credits because he was so worried about the

:08:59.:09:02.

speech on re-negotiation. He goes down with this ship as well if it

:09:03.:09:06.

all goes pear shaped, that is a mixed metaphor. It is easy to see

:09:07.:09:15.

that the Conservative Party will get a radically Eurosceptics leader in a

:09:16.:09:22.

few years' time. There is a personal political problem there. The visit

:09:23.:09:27.

to Berlin is interesting because six months ago it made sense to put all

:09:28.:09:31.

your eggs in Angela Merkel's basket because she was the Empress of

:09:32.:09:35.

Europe and she would do a deal because she has got political cloud.

:09:36.:09:41.

She is the walking wounded. Will she run again? She is in much more

:09:42.:09:46.

trouble than anyone in this country understands. The trip to Berlin

:09:47.:09:51.

makes less sense now. He wants to get the protection for those members

:09:52.:09:55.

not in the eurozone to ensure that on the rules of the single market

:09:56.:10:00.

they cannot be ganged up on and he might get an emergency brake and not

:10:01.:10:05.

a veto. That will appeal to people's heads, but where these negotiations

:10:06.:10:09.

really matter is in people's hearts on issues like migration and on that

:10:10.:10:16.

ban of migrants not getting benefits for four years, it looks like the

:10:17.:10:20.

government is struggling. They are backtracking. Cameron started off

:10:21.:10:26.

saying they were not going to have a referendum. What is more having a

:10:27.:10:31.

referendum at the lowest peak for any government, two years in, they

:10:32.:10:35.

will be really unpopular in the middle of all of these cuts and they

:10:36.:10:42.

will be an antiestablishment mood. People will be voting against

:10:43.:10:45.

government. How is Jeremy Corbyn doing? Not as badly as people have

:10:46.:10:52.

predicted. What about all these people he has been appointing? There

:10:53.:10:57.

is a sense that he is only appointing around Tim people who

:10:58.:11:01.

agree with him, but that is his small, local group. By ministers and

:11:02.:11:07.

leaders tend to do that. It is not a good idea, but it is your natural

:11:08.:11:13.

instinct. They will be watching your back. Will the Corbin supporters,

:11:14.:11:20.

along with Mr McDonnell, will they want their own person in for the

:11:21.:11:26.

Golden West by-election? We shall wait and see and it will be watched

:11:27.:11:33.

by a lot of people in Labour as to whether the momentum movement gets

:11:34.:11:36.

going, which is mobilising all the people who have joined the party to

:11:37.:11:41.

see whether they can select somebody. It is so important they

:11:42.:11:47.

win this by-election. You hope the local party have quite a lot of say

:11:48.:11:50.

in the election and they choose whoever they think can win the best.

:11:51.:11:57.

They will be up against Ukip? Absolutely and Jeremy Corbyn would

:11:58.:12:01.

be in bad trouble if they lost this. They must choose somebody who

:12:02.:12:08.

is a winner. Any inside information on this? It is a 3-member panel of

:12:09.:12:18.

the Ennis -- in EC who draws up the short list. It has Keith Vaz on it

:12:19.:12:26.

and other mainstream people, so I am not sure this is a Trotskyist

:12:27.:12:33.

moment, it is quite an established thing. Is it a significant milestone

:12:34.:12:48.

in Labour moving against Trident? No, because it is a symbolic vote

:12:49.:12:52.

and I find it difficult to believe that Jeremy Corbyn's personal

:12:53.:12:57.

position on Trident will ever carry a party with lots of MPs in the

:12:58.:13:01.

manufacturing constituents with trade unions to the old right. I am

:13:02.:13:11.

not sure the Scottish or even Jeremy Corbyn with a personal mandate can

:13:12.:13:15.

carry that kind of thing. We shall see how the vote goes.

:13:16.:13:19.

We'll be back at the same time next week here

:13:20.:13:23.

on BBC 1 and you can catch the Daily Politics on BBC 2 from noon

:13:24.:13:28.

Remember if it's Sunday, it's the Sunday Politics.

:13:29.:13:38.

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