Notes on free speech
November 1, 2018
The debate on free speech at the moment seems pretty unproductive, with industrial quantities of right wing outrage directed at phenomena as varied as blasphemy laws, student no platforming of campus speakers, social media terms of use, identity politics, political correctness, internet trolls and abuse, left wing editorial decisions, and people being rude about things they dislike on twitter, all criticised under the banner of ‘defence of free speech’. The left tends, in general, to be unimpressed with this ‘defence of free speech’ discourse, in part because of the understandable suspicion that it is a discursive tool that will in practice be used to promote right wing political opinion and the speech of the privileged, while attacking left wing political opinion and the speech of the more marginalised. Nevertheless, I’m increasingly strongly of the opinion that left reluctance to defend free speech in general is an error both of principle and of tactics: in my view a credible case can be made that the left generally benefits from broad free speech protections; that even if it didn’t such protections would be good in themselves; and moreover that it’s just a bad tactical idea to allow the right to own this issue.
I don’t really feel competent to wade into the trenches on these debates – but as is my habit, I do at least want to have a go at producing a preliminary and under-informed typology, plus some general remarks. So, here are some broad categories of constraints on free speech, with some unorganised remarks attached.
- Legal restrictions on speech. These come in a lot of forms: restrictions of political speech; on incitement to violence; on threats; on hate speech; on offensive speech; on blasphemy; on libel; and others. I think almost everyone agrees that it’s appropriate for various forms of incitement to violence to be illegal; there’s a fairly widespread view that libel is a legitimate legal category, even if there are a lot of disagreements about how broad libel laws should be; but there’s a lot of disagreement about what other forms of speech should be legally restricted. I don’t feel I have any very nailed down opinions here – but I do think that the left is being altogether too sanguine about state powers to restrict speech. In general the left is rightly suspicious of police powers, and doesn’t take very seriously reassurances that those powers will be used wisely and well. I don’t really understand why this scepticism is not more broadly applied when it comes to the policing of speech.
- Platform restrictions on speech. Sometimes you’ll see people argue that the only real issue with respect to free speech constraints is legal constraints (see this well known XKCD comic strip, for example), but I don’t think this is right. If major platforms refuse to host specific forms of speech, then this is a meaningful and substantial constraint on people’s ability to engage in that category of speech. Here, again, I think the left is being altogether too sanguine about the idea that vast private corporations should exercise much greater censorship over the forms of speech that they host. Why should we trust Facebook, or Twitter, or WordPress, or whatever company, to decide which categories of speech it is acceptable to publish? It’s not at all clear to me that we should.
- Employer sanctioning of speech. One of the various ways in which the exercise of free speech has real world consequences is people getting fired for speech. Sometimes this is appropriate – if a person is employed as a prominent public representative of a company, say, it may be one of the conditions of employment that they comport themselves in a certain way in the public sphere. Similarly, in their internal interactions within the company they may be held by their employer to certain standards of professionalism; etc. Nevertheless, in general I think it’s an important workplace right that employers are not entitled to fire employees on the basis of not liking what employees do in their lives outside their professional role, and there should be significant workplace protections on what employers are entitled to ask employees to do, or not do, within their role as well. Again, I think the left is often being too sanguine about defending workplace rights in this area – and in general I think a significant portion of the ‘free speech’ debate could usefully be reconceptualised as a workplace rights debate. (This applies to many of the debates over ‘academic freedom’, for example, a category which sometimes seems to imply that academics are uniquely entitled not to be fired for expressing political opinions in the public sphere, which doesn’t seem like an idea the left should be supporting.)
- Editorial decisions. A surprising amount of the free speech debate orbits around editorial decisions by publications. It seems like a safe principle that editors do not have an obligation to publish any given content on free speech grounds – an editorial line is an editorial line, and publications have the right to adopt whatever editorial line they want (again with constraints around incitement to violence, etc.) Nevertheless, there is a point here, in the sense that publications are a platform, and if certain categories of speech systematically cannot find a platform that has implications for the shape of our public sphere. This issue may not always be best discussed under the heading of ‘free speech’, but it is an important issue that merits serious discussion.
- Social sanctioning of speech. Finally, quite a bit of the debate around free speech revolves around the issue of informal social sanctions. It’s common to see the argument that if people in the public sphere express strong disapproval of an opinion, publication, or individual this may lead to a ‘chilling effect’ on speech. This argument is often greatly overstated – expressing strong disapproval of opinions and individuals is, typically, part of the free speech defenders of free speech should aim to defend, rather than a threat to it. Nevertheless, there is again a point here: informal social sanctioning does sanction – that’s why we do it. The more intense and widespread the sanctions, the more they disincentivise the speech they aim to sanction. So social sanctions do have an impact on the shape of our public sphere, and it’s not silly to want to debate or assess that impact.
Ok – those are some categories of constraint on speech, and some thoughts connected to them. Now for a few more general remarks.
First up, I think it’s worth seeing constraints on freedom as a spectrum, where the sanction for an action varies in degree. If you’re going to be arrested and imprisoned for something, that is a very substantial constraint or disincentive, and it seems clearly and entirely legitimate to call that a constraint on freedom. If you’re going to be politely criticised for something, that is a social sanction and therefore a disincentive, but it doesn’t seem a disincentive substantial enough to call a meaningful constraint on freedom. But there is a spectrum here, and the point at which responses to speech shift from “disincentives within a space of freedom” to “actual constraints on freedom” is muddy. (This point obviously applies to all kinds of actions, not just to speech.)
Second, free speech is a formal value, but like all formal values the interpretation of its content necessarily and constantly draws on non-formal but rather substantive judgement. This is one of the reasons the debate over free speech (and formal liberal values in general) is so controversial – different people impute very different substantive content to the same formal principles. It seems like a general issue of liberalism that formal liberal values can be ‘filled in’ in a huge number of different ways by different people – and that those substantive commitments fall along lines of ideology and interest. This is one of the reasons I’m so keen on Charles Mills’ analysis of different kinds of liberalism – the idea that liberalism ‘as such’ is not the problem, but rather liberalism the substantive categories of which are in large part determined by racism, sexism, class domination, etc., allows us to more easily see how liberal principles are compatible with radical politics (as I believe they are).
So I think we need a double commitment in these debates over liberal principles like free speech: on the one hand, we need to understand that formal principles aren’t `innocent’, but are to a very substantial extent determined in their application by the substantive commitments of those doing the implementing. On the other hand, we need to also understand that this fact does not evacuate formal principles of their value or meaning as formal principles. It’s not the case (contra some on the left) that liberal principles are nothing more than a mask for the substantive commitments – of ideology or interest – that shape them.
My worry with the free speech debate, then, is that it’s one of a range of areas in which the left is overweighting the ‘substantive’ dimension of the debate, and underweighting the ‘formal’ one. Yes, many of the most prominent current arguments in defence of free speech are transparently bad faith efforts to push a particular political line or defend a specific set of interests, and shouldn’t be taken seriously – but we also shouldn’t generalise from that to the idea that ‘free speech’ in general is nothing more than an ideological mask for political interests. The left gains from broad commitments to free speech too. I think we’re in danger of the left endorsing – or indeed pushing for – the broad legitimation of substantial free speech constraints, in part as a response to bad faith right wing ‘weaponisation’ of free speech discourse, in a way that will near-inevitably rebound on the left itself, as left wing speech – and the speech of the marginalised – bears the brunt of new, more substantial censorship regimes.
Left antisemitism – preliminary remarks
August 6, 2018
The debate over antisemitism within Labour and the broader UK left has often been pretty unedifying, but I thought this twitter thread by Edmund Griffiths was valuable. I’ll quote it in full, then make some remarks of my own:
One point I don’t think gets made often enough in the antisemitism conversation is that the things antisemites say aren’t true. The Rothschilds don’t run the central banks; British & US foreign policy isn’t made by a Jewish lobby; Jews don’t control the media; the Holocaust did happen. Maybe it seems too self-evident to bother saying. But if you’re newly politicized, & you’re angry with the way things are, & you’re looking—especially online—for answers, then it’s pretty easy to come across those untrue claims & perhaps it is not going to be self-evident to you that they’re wrong. You’ll see antisemitic arguments made on explicitly far-right sites, but you may well see them being put forward in left spaces too; & you won’t always see them being robustly countered by the left. And, on top of that, leftists sometimes choose to express themselves in ambiguous language (“global elites”) that can be understood in antisemitic terms even if that isn’t the intention. And, to the extent that antisemitic propaganda gains any traction, it does great harm: it encourages people to direct their anger against a minority who are not really to blame, and it lets the capitalist class & its institutions off the hook. As a movement, we need to do much much better at producing propaganda & educational materials—especially online—to expose antisemitic scapegoating as lies & misdirection. We need to ensure that anybody who is looking for political answers encounters clear, convincing rebuttals of antisemitic ideas. Obviously convinced antisemites are unlikely to be persuaded, & need to be fought; but the people who are exposed to their propaganda do need to be persuaded. And I think the form of our rebuttals should be less “You mustn’t say that because it’s antisemitic” than “That is untrue, & it scapegoats a minority, & it shields the actual ruling class from criticism, & therefore it is profoundly anti-socialist”. The Labour Party & Momentum both have the resources to do this on a large scale, & I hope they will; but there’s nothing stopping other organizations & even individuals doing it to, & I mean to do it more energetically myself. The main objective isn’t to prevent antisemitism generating bad headlines for the Labour Party—it’s to reduce the actual prevalence of antisemitic ideas, in society as a whole but particularly in spaces where the left can get a hearing.
I think this is right, and although I don’t myself feel very comfortable producing propaganda and educational materials (in general, who am I to propagandise and educate?) I do feel comfortable writing about ideas.
Left, political antisemitism functions not just as a prejudice but also as an explanatory system. Stigmatising antisemitism as prejudice is unlikely to be persuasively effective if its explanatory components still seem compelling – and so the rebuttal of left antisemitism requires not just the exclusion of antisemites from the left (if that’s even possible), or the emphasis on the political undesirability of prejudice (of course prejudice is bad, but people who hold prejudiced attitudes often don’t regard them as prejudiced – they regard them as true), but also the explanation of why antisemitism is (as Griffiths says) wrong – and not just factually wrong, but also explanatorily wrong: wrong as a way to understand the world.
One of the obstacles to doing this, I think, is an inadequate ‘map’ of left antisemitism as a system of ideas. In particular, a lot of the analysis I’ve read of left antisemitism writes as if it is a single thing, rather than a set of quite distinct commitments which can be bundled in all kinds of different ways. Moreover it is common, I think, to write as if antisemitism is intrinsically associated with political commitments with which it is in fact only contingently – and yet non-accidentally – associated.
Thus for example two recent pieces in the New Statesman suggest that left antisemitism is in some sense an intrinsic feature of Corbynism’s current political project. Writing in March, Matt Bolton and Frederick Harry Pitts argued that:
the anti-semitic tropes which pervade the Corbyn-supporting “alt-media” and activist base, as well as Corbyn’s own dubious brand of “anti-Zionism” and “anti-imperialism”, are not mere contingencies, but the logical outcome of the movement’s morally-charged, personalised critique of capitalism as conspiracy.
More recently, in July, David Bennum argued that, for the anti-imperalist left:
the West is always bad, no matter what its civic virtues; anybody opposed to it, no matter how awful, is better, or certainly no worse. Capitalism becomes part of a grand, overarching, unified conspiracy, to which Jews invariably prove to be integral. Anti-Semitism is thus not some random blight that affects all sectors of society and opinion roughly evenly. It is utterly enmeshed in far-left thought, just as it is in that of the equally conspiratorially-minded far-right.
In my own opinion both of these pieces significantly overstate the extent to which antisemitism is a core or necessary feature of the kind of political project pursued by Corbyn and ‘Corbynism’. At the same time, though, these pieces are correct that left antisemitism can’t or shouldn’t be understood simply in terms of prejudice, but also as part of a broader ideological perspective or political explanatory system.
Carefully differentiating the non-antisemitic dimensions of radical left political positions and projects from their antisemitic variants is therefore I think important for two reasons. First, it makes it harder for (for example) anti-imperialist politics in general to be written off as antisemitic – which is important if you (like me) regard anti-imperialist politics as valuable. Second, and probably more importantly, it means that people who are interested in (say) anti-imperialist politics are less likely to be persuaded by antisemitic variants of these political positions.
One of the things I’d like to do, then, over the coming… however long, is write a bit about the common left explanatory frameworks associated with left antisemitism, and why they’re not good as explanatory frameworks. For reasons articulated by Griffiths’ twitter thread, the primary argument here is not that they’re not good because they’re antisemitic, but rather that they’re not good because they fail as explanatory frameworks. This failure of the explanatory framework then carries through to the inadequacy of any political antisemitism grounded in it, in addition to the fact that such perspectives are also bigoted.
I think there’s a pretty high chance that this will be one of my many projects that never goes beyond its preliminary remarks, but in the spirit of hope I’ll make a few comments here and sketch what I might want to write about next.
First – obviously in this approach I won’t be dealing with left antisemitism as a whole, but rather with its explanatory dimensions. There are some thorny metatheoretical issues that I don’t want to get into in this preliminary post, and which render the remarks in this post a little over-simplistic – but I intend to largely ignore the issue of whether any given explanation is itself antisemitic, and just focus on the issue of whether it’s any good as explanation. This usefully lets me sidestep issues of intention and affect, which are always a nightmare regardless.
Second – I’ll attempt here a preliminary broad schematisation of left antisemitisms. I think you can broadly speaking see antisemitic variants of the following positions, on the left:
– Conspiracism (that is, conspiratorial explanations for political-economic events);
– Anti-imperialism;
– Anti-capitalism;
– Critiques of Israel.
None of these categories of political stance are intrinsically antisemitic, I would argue, but all of them have antisemitic variants that are sufficiently common that some care needs to be taken when discussing these issues.
I myself don’t feel qualified to discuss the politics of Israel and Palestine, so I expect to mostly leave that aside altogether in this (possible) series of posts (which is unfortunate, because this is the most central issue in current debates within and about the UK left – but I see no point in moving far outside my areas of competence.) Still, I think I have something to say on poor explanatory approaches to anti-capitalism, anti-imperialism, and the discussion of conspiracies, and it’s these that I’ll focus on.
My plan, for what it’s worth, is to start with anti-imperialism – and specifically to start with two texts that express rather different explanatory frameworks that give disproportionate explanatory weight to Jewish actions: Mearsheimer and Walt’s The Israel Lobby and U.S. Foreign Policy, and Hobson’s Imperialism. Then (if I ever get that done) maybe I’ll move on to anti-capitalism and conspiracism. My ultimate goal is to assemble a collection of quite short posts that together form a potentially useful ‘ideological map’ of the different explanatory frameworks often associated with contemporary left antisemitism.
As I say, I don’t rate particularly highly my chances of getting far with this project – but one can’t get anywhere at all if one doesn’t make a start, so, here’s a start.
Labour’s Brexit Policy
June 8, 2018
There’s been a lot of debate recently about what Labour’s Brexit policy actually is – that is to say, what are the generative principles underlying the Labour leadership’s Brexit policy announcements and parliamentary tactics. One popular narrative is that Labour’s Brexit policy amounts to de facto support of ‘hard Brexit’, and that the Labour leadership’s strategy is to pursue a ‘hard Brexit’ while pulling the wool over the eyes of its core Remain support. Another narrative is that Labour’s strategy is to gradually shift its position towards a strongly pro-EU stance, while trying to minimise the electoral support it loses among Leave voters in doing so. A third narrative is that Labour doesn’t really have a Brexit position at all – that it is simply trying to hold its electoral coalition together by any means necessary. And there are of course a large number of more complicated and nuanced alternative narratives out there too.
In this post I’ll aim to lay out my own interpretation of the ‘generative principles’ underlying Labour’s Brexit policy. Obviously my goal here is explanatory, rather than normative. My own preferences (“open borders Bennism”) are briefly outlined towards the end of the post, fwiw – but the main goal here is just to sketch the political terrain.
Ok then. To understand Labour’s Brexit policy, one needs in my opinion to understand that the Parliamentary Labour Party has four major interests or constituencies in relation to Brexit.
- Don’t blow up the economy. This position enjoys more or less complete consensus in the parliamentary Labour Party (PLP). Moreover, there is considerable consensus as to what this means in practice: don’t damage UK-EU trade too much. Unlike the Tory party, which has a significant number of MPs who believe that reduced trade with the EU can be more than compensated for with a bonfire of regulations and a series of alternative international trade deals, Labour MPs are in general of the opinion that the final Brexit deal should disrupt UK-EU trade as little as possible. This position is captured by the 2017 manifesto commitment to “prioritise jobs and living standards”.
In addition to this broad consensus position there are then three distinct factions:
- ‘Continuity Remain’ – this position advocates for as close ongoing participation in EU institutions as possible. Ideally this would take the form of a second referendum that would enable parliament to reverse Brexit, but in terms of Brexit negotiations it means ongoing full participation in the single market. This wing of the party is most vocally represented by liberal or Blairite MPs like Chuka Umunna and Chris Leslie.
- Bennites. This is the old socialist Euroscepticism, which sees the EU as a capitalist club enforcing constraints on economic policymaking at the national level, to the benefit of capital. There are three major areas of contemporary Bennite objection to EU rules: constraints on state aid policy, public procurement policy, and nationalisation – Bennites want to break European Court of Justice jurisdiction over these areas of economic policymaking. There aren’t all that many Bennites in the party, but the position occupies the leader’s office (Corbyn) and shadow Treasury (McDonnell), and is therefore very influential.
- ‘Very Real Concerns’ border control advocates. These MPs see the Brexit vote as driven in significant part by ‘concerns about immigration’, and believe those concerns need to be addressed in the Brexit negotiations – or be seen as being addressed – by a Brexit outcome that reduces – or is seen as reducing – immigration. Yvette Cooper and John Mann are (quite different) representative figures for this tendency within the PLP.
Clearly these categories are not as sharply drawn in real life as this schematisation suggests. There are different strengths of feeling and variant positions within each group; moreover there is considerable overlap between some of the positions. There are plenty of liberal pro-EU advocates who nevertheless believe that greater border controls can and should be a feature of the final Brexit outcome – Tony Blair and Gordon Brown are both representatives of this opinion, as is Stephen Kinnock. At the same time, there are liberals who advocate a ‘full liberalism’ ideological package which sees freedom of movement as one of the major benefits of the EU. There is also plenty of overlap between Bennite and ‘border controls’ Euroscepticism, grounded both in an economic argument that free movement of labour undercuts the rights of domestic labour, and in a ‘Blue Corbynism’ effort to tie Bennite economic policymaking to a nationalist or communitarian ideological package. At the same time, there are socialists for whom open borders (for some value of ‘open borders’) is a core component of their socialism (Diane Abbott is the most influential advocate of this position within Labour). In addition to these ideological overlaps, there are also factional alliances of convenience, on which more in a moment.
In parliamentary tactical terms, the Labour leadership has two goals: to inflict damage on the government, and to maintain a Brexit line that will be satisfactory enough to enough of the parliamentary party to minimise major rebellions. In electoral terms, the leadership has a single goal: to adopt a Brexit policy that can sustain its electoral coalition, which is majority Remain but includes a large minority of Leave voters, including in a large number of electorally fragile current Labour seats. Finally, in substantive terms, the goals of the leadership are to balance “don’t blow up the economy” with Bennite Euroscepticism, with different bits of the party obviously contributing additional, different substantive goals, as enumerated above.
How do these different goals play out in practice in the determination of Labour’s Brexit policy? The overriding goal of the leadership has been to sustain its parliamentary and electoral coalitions. That has meant, in the first instance, a policy of ‘strategic ambiguity’, which has been able to sustain the possibility of an outcome compatible with as many different Brexit goals as feasible. Under pressure of a series of parliamentary votes, however, this strategic ambiguity has slowly been clarified – and the nature of this clarification is informed by the substantive balance of forces within the party.
As I wrote above, the leadership’s major substantive goal is in my view to balance “don’t blow up the economy” with Bennite Euroscepticism. Bennite Euroscepticism does not enjoy much support within the parliamentary party – if this were the only form of Euroscepticism in the party, the leadership would be in a very weak position indeed. Fortunately for the leadership (and, one could argue, unfortunately for the broader public discourse), there is a much larger block within the PLP of ‘Very Real Concerners’. The Bennite leadership has therefore made an alliance of convenience with the ‘Very Real Concern’ border controllers, to form a (moderately) Eurosceptic block within the parliamentary party. (Moderate because both factions still believe in the underlying “don’t blow up the economy” position, and take this to require keeping disruption to UK-EU trade as low as is feasible given their other policy goals).
This moderately Eurosceptic block is then opposed by the liberal/Blairite wing of the party, who want a stronger commitment to ongoing participation in EU institutions. This conflict (between the Bennite and Real Concerner alliance on the one hand, and liberals on the other) can plausibly be presented by the liberal wing as a disagreement about ‘open’ versus ‘closed’ politics (free movement of goods and people on the one hand; closed borders, nationalism and a tendency towards autarky on the other). It can equally plausibly be presented by the Bennite wing as a disagreement about socialist versus neoliberal approaches to economic governance (state intervention in the economy on the one hand versus neoliberal regulatory constraints on state action, on the other). One of the complexities of the ideological terrain around left and liberal Brexit debate is that, because of the way the various factions and institutions align, both of these ‘framings’ are true.
To make this factional conflict still more weighted, it has also become a major site of the proxy war within Labour between Corbynite and Corbynsceptic members and MPs. After the 2017 general election result made Corbyn (temporarily) unchallengeable within the party, many Corbynsceptics shifted their activities from overt criticism of Corbyn’s leadership, to specific policy and ideological battles. These proxy battles typically serve, from many Corbynsceptics’ perspective, a double function – aiming both to advance policies that Corbynsceptics support, and to weaken Corbyn within the party. Corbynsceptic pro-Europeans thus aim both to shift Labour’s Brexit policy in a more pro-EU direction and to expose Corbyn’s Euroscepticism, thereby reducing Corbyn’s popularity with the majority-Remain Labour membership. These goals stand in some tension – pro-European liberals within Labour have made a series of pro-EU parliamentary amendments to Brexit bills that have been extremely ineffective in gathering parliamentary support, in part because one of their tacit goals (I would argue) has specifically been to expose the party leadership’s unwillingness to endorse these stances.
Nevertheless, these parliamentary tactics – alongside the more central need for Labour to challenge the government in parliament – have slowly required the Labour leadership to reduce the ambiguity of its ‘strategic ambiguity’ approach. The position that Labour has shifted towards is, as I say, determined by the balance of parliamentary and electoral forces. On the one hand, the leadership wants to retain as strong EU ties are as feasible given its other policy commitments. On the other hand, it has two sets of exemptions from EU governance rules that it wants, in principle, to achieve. First: the Bennite leadership wants an institutional arrangement that enables exemptions from state aid, public procurement and nationalisation policies. Second: the Very Real Concerners on whom the Bennite leadership is reliant want exemptions from single market free movement rules.
The current Labour Brexit preferred initial negotiating position has therefore resolved to something like this: a customs union with the EU, and significant participation in the single market, via the establishment of an alternative EFTA-style institutional framework which gives the UK the ability to negotiate exemptions from some elements of single market rules, while still being bound by the great majority of those rules, in a manner that maximises single market participation.
This is a moderate Eurosceptic position (and as it happens corresponds to the most popular outcome in the electorate as a whole, per recent Opinium polling). However, it remains ‘strategically ambiguous’ in two key respects.
On the one hand, Labour’s position is deliberately ambiguous as to which single market rules the UK intends to prioritise gaining exemptions from, in a hypothetical situation in which Labour is negotiating with the EU. This strategic ambiguity is necessary in order to maintain the opportunistic big tent alliance between Bennites and Very Real Concerners within the PLP. In a situation in which Labour is actually negotiating Brexit, this ambiguity will have to be clarified, and considerable tensions within the PLP will come to the fore.
At the same time, Labour’s current position remains compatible with much fuller participation in EU institutions than either of the two Eurosceptic positions would wish. This is one of the key reasons why Labour’s ‘clarifications’ of its Brexit position can be interpreted as motivated by either ‘pro-Leave’ or ‘pro-Remain’ impulses. What is this latter ‘strategic ambiguity’ about?
In my view, this second category of ongoing strategic ambiguity serves three distinct functions.
First, lack of clarity about how much overlap with existing EU institutions Labour aspires to achieve serves the traditional goal of strategic ambiguity: keeping both Leavers and Remainers within the electoral and parliamentary big tent.
Second, lack of clarity about the exact institutional outcomes Labour aspires to achieve enables Labour the freedom to oppose Tory negotiating tactics on the basis of Starmer’s six tests, on the premise that Labour’s approach would achieve better outcomes than the Tories’, more or less irrespective of what the Tories actually do.
Third, and perhaps most importantly, Labour’s Brexit policy is, if Labour were to find itself in government, the first volley in a negotiation with the EU. It is unclear what outcome Labour would actually be able to achieve in that negotiation. It seems extremely likely, however, that the EU27 would be unwilling to grant many of the exemptions from EU governance principles that Labour aspires to negotiate. It is therefore extremely prudent for Labour to give itself the ability to back down from its best-case Brexit outcome, to a series of second-, third-, fourth- etc. best case outcomes. The ambiguity over the extent to which the Labour negotiating position overlaps with the liberal ‘full EU alignment’ position strongly suggests to me that Labour intends this liberal / Blairite position to be its negotiating fallback, if the leadership’s preferred outcomes cannot be achieved. More strongly, here is some reason to speculate that something in the space of this liberal fallback position is the preferred outcome of Keir Starmer, the Shadow Secretary of State for Exiting the EU, whose six tests, vague as they are, certainly seem to imply a very ‘soft’ Brexit. One does not need to attribute any specific individual strategy to Starmer, however, to conclude that Labour is preparing the ground for something like this EU-aligned outcome, should it find itself leading negotiations in office.
This preparation for a liberal ‘fallback’ Brexit is in my view the most important way in which Labour’s negotiating position differs from the Conservatives’. The Conservative position on Brexit began with a series of red lines (on ECJ jurisdiction, the customs union, etc.). Labour’s negotiating position began from Starmer’s six tests, which articulate the benchmark of “the exact same benefits” as current EU membership. It is therefore extremely easy for Labour to fall back, in negotiations, on a high degree of alignment with EU institutions, whereas it is very difficult for the Conservatives to do so (though of course they may well end up doing so in practice). It is this latter point that seems to me to give rational warrant to Remainers’ confidence that Labour’s negotiating position is on a Remainward trajectory.
To sum up – I started with three simple rival ‘narratives’ of Labour’s underlying position on Brexit. I’ve articulated my own interpretation of Labour’s position, which implies that all of these narratives have something to them. In my view, Labour’s preferred Brexit outcome involves significant breaks with existing EU governance rules. The leadership wants those breaks to be in the area of neoliberal constraints on socialist policy-making; much of the PLP wants those breaks to be in the area of freedom of movement. In a scenario where Labour is in government without the Brexit deal having been concluded, those two categories of negotiating priority will be in tension. Nevertheless, the tension between those two categories of negotiating priority is (I would argue) not as fundamental as the tension between some of the Conservatives’ commitments. Moreover, unlike the Conservatives, Labour have been quite careful not to articulate any commitments that cannot be backed down from towards greater compatibility with existing EU rules. Thus in a scenario in which Labour were negotiating with the EU, I would expect Labour to make an effort to achieve a set of concessions around EU rules, and if those concessions could not be achieved, to capitulate in the direction of a more liberal existing-EU-institutions-aligned position.
In other words, Labour’s Brexit policy is – contra many pundits – coherent and in my view quite strategically sound.
Is it a good policy? That obviously depends on your own political preferences. My own political preference, as I outlined in this earlier post, is a position that I would characterise as something close to “open borders socialism”. I think the Bennites are right that EU rules are egregiously constraining on democratic socialist policymaking, and I think an optimal Brexit outcome would break with these dimensions of the EU as an institution, while also maintaining sufficiently close regulatory alignment with the EU to reduce the negative political-economic impacts of Brexit on the UK economy. (This post follows the traditional mainstream UK pundit approach of just ignoring Northern Ireland, but obviously a high degree of ongoing UK-EU integration is desirable w/r/t the border.) At the same time, increasing free movement of people is a political good, and the ‘Very Real Concerners’ desire to reduce free movement – as well as the Labour leadership’s opportunistic alliance with this position – should in my view be opposed from the left. If this post is right about the logic of the party’s Brexit position, in a scenario in which Labour actually gets a go at negotiating Brexit, the balance of negotiating priorities between Bennites and Real Concerners will be a crucial factional and ideological conflict within the party. As I see it, this element of Labour’s negotiating strategy remains somewhat open (though it also seems to be that the groundwork has been laid for the rebranding of existing freedom of movement rules as a departure from the status quo).
If one were negotiating Brexit ‘from the left’, then, clearly one ideally wouldn’t start from here. Still, there’s room for left pressure to have impact even within the existing parameters of Labour Party politics, I think. Not, of course, that we need to operate within that framework of Labour Party factional politics in our political advocacy. Nevertheless, it helps to understand what’s going on with Labour’s Brexit policy in order to understand what’s going on with Brexit in general. There’s a lot more than can be said than I have here, and I’m sure there’s stuff I’ve got wrong, but this post is more or less my current take, fwiw.