The careless way in which ministers destroy freedom

The freedom to live our lives as we choose has become a secondary consideration for Labour

IN SCANNING the news of the past week or so, I've begun to notice how often the stories have involved restriction of personal freedom. Later today, for instance, Jack Straw, the Home Secretary, is due to announce plans to lock up people with personality disorders who have committed no crime.

He thus raises an issue of civil liberties. As did the Prime Minister when he stated recently that fox-hunting would be banned. As did Merseyside Police when they arrested an old soldier and charged him with racially aggravated criminal damage for allegedly displaying posters of the UK Independence Party on the front of his house, along with flags of St George and the injunction, scrawled in paint: "don't forget the 1945 war". As, finally, did the social services and local police in Gateshead earlier this month when they prevented another old soldier, Bill Wallace-Carthew, from retrieving his 81-year-old wife, Edna, from what was described as temporary care for senile dementia.

This former drill sergeant was also arrested (he was later to be released) for wanting, as he said, to "be with [Edna] and care for her in my own way". They had got married during the war.

In each of the examples, good reasons have been offered for going ahead with a restrictive policy. The new approach to handling people with severe personality disorders was prompted by the killing of Lin Russell and her daughter Megan by Michael Stone, now serving a life sentence. Just before he did his dreadful deeds, he had asked to be taken to hospital. His request was refused because he had no criminal record and his condition was judged incurable. In the case of a ban on hunting, the present House of Commons voted in favour of an earlier Bill by a large margin, and public opinion polls are strongly supportive. In Liverpool, the police are giving much higher priority to what they consider to be racially motivated crimes than hitherto. And it may be that an old gentleman can no longer adequately look after his elderly spouse when she is seriously ill.

However, if questions of personal freedom have come to have a low priority in the day-to-day work of the Government and its organs, we can be encouraged that there are substantial estates of the realm that notice and make a fuss. First among these is the law. While in the past judges tended to support the government of the day, the development of judicial review, a process under which the courts can declare the actions of an official body contrary to natural justice, has become a valuable safeguard. In the work of the two public bodies with which I am involved, I have occasionally found myself restrained - rightly so - by the possibility of judicial review.

Next in the list of countervailing powers are lobby groups. When I put on my official hats, I have to take notice of them. Indeed, they will undoubtedly comment vociferously on the Home Secretary's plans, in terms both of mental health procedures and civil liberties. Then finally there is the so-called fourth estate, our remarkably vigorous, aggressive, well- resourced press. Typically it has been newspapers that have given plenty of coverage to the problems of the two old soldiers.

Having been put on notice, what should we look for in Mr Straw's scheme? A medical legal panel would be given powers to order forcible and indefinite detention of hundreds of innocent people who are believed to have dangerous personality disorders. Known psychopaths in the community would be assessed by a team of probation, health, prison and social services staff. Those detained would have their cases regularly reviewed and could appeal.

Assuming that the leaks are accurate, the first thing I notice is the likely expense of the scheme. It might involve 200 disturbed people. Prison costs about pounds 25,000 annually per head; specialised facilities might require three or four times as much. This suggests expenditure of an additional pounds 15m to pounds 20m of public money on supposedly incurable schizophrenics. By all means let us invest more heavily in the alleviation of mental illness, but is this the most effective use of such a large sum? A further question is whether the proposed panel is to be the final tribunal so far as somebody's liberty is concerned, or whether a court of law will have to ratify its decisions.

Let us remember, too, that the diagnosis of personality disorders is not a straightforward science. The understanding and evaluation of mental illness is far behind the assessment of physical diseases. Schizophrenia is not like measles, where you have either got the disease or you haven't. The spectrum from normality to abnormality has many gradations. That is why, in everyday conversation, when we say that an acquaintance is a bit of a psychopath, meaning that the person can behave in a heartlessly violent manner, we don't necessarily mean that he or she should see a doctor or be sent to hospital.

Furthermore, the provision of a right to appeal may lack substance. The person concerned has already been classified as being of unsound mind so, presumably, the demand for a review would have to come from relations or friends. That in turn requires skills and experience that may not be available. All Mr Wallace-Carthew could think of to do was to ring the staff of the home where his wife had been confined to tell them that he was coming to take her away. As he went to take hold of his wife, the police burst through the door. This pathetic story is true to life.

The big picture, I think, is this: When an opposition party comes into office, its experience may well have made it sensitive to issues of personal freedom. For example, New Labour swiftly arranged to incorporate the European Convention on Human Rights into English law as the Human Rights Act, 1998. It has recently published a draft Freedom of Information Bill which, much criticised though it has been, represents a significant improvement. Then, when the new government settles down, it becomes managerial rather than principled.

As a matter of fact, I don't take the items I have listed above as proof that the Government has quietly become anti-libertarian as a deliberate act of policy. Rather, it is a reminder of how quickly a new administration can become careless of people's rights and adopt the same authoritarian attitudes as its predecessors. The freedom to live our lives as we choose, provided we do not adversely affect our neighbours, becomes a secondary consideration. That is the present situation.

Suggested Topics
Arts and Entertainment
Smart mover: Peter Bazalgette

film
Arts and Entertainment
'Old Fashioned' will be a different kind of love story to '50 Shades'
film
Arts and Entertainment
Tracey Emin's 'My Bed' is returning to the Tate more than 15 years after it first caused shockwaves at the gallery
artTracey Emin's bed returns to the Tate after record sale
Arts and Entertainment

film
Arts and Entertainment
The Great British Bake Off contestants line-up behind Sue and Mel in the Bake Off tent

TV
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
Arts and Entertainment
Beast would strip to his underpants and take to the stage with a slogan scrawled on his bare chest whilst fans shouted “you fat bastard” at him

music
Arts and Entertainment
On set of the Secret Cinema's Back to the Future event

film
Arts and Entertainment
Gal Gadot as Wonder Woman

film
Arts and Entertainment
Pedro Pascal gives a weird look at the camera in the blooper reel

TV
Arts and Entertainment
Public vote: Art Everywhere poster in a bus shelter featuring John Hoyland
art
Arts and Entertainment
Peter Griffin holds forth in The Simpsons Family Guy crossover episode

TV
Arts and Entertainment
Judd Apatow’s make-it-up-as-you-go-along approach is ideal for comedies about stoners and slackers slouching towards adulthood
filmWith comedy film audiences shrinking, it’s time to move on
Arts and Entertainment
booksForget the Man Booker longlist, Literary Editor Katy Guest offers her alternative picks
Arts and Entertainment
Off set: Bab El Hara
tvTV series are being filmed outside the country, but the influence of the regime is still being felt
Arts and Entertainment
Red Bastard: Where self-realisation is delivered through monstrous clowning and audience interaction
comedy
Arts and Entertainment
O'Shaughnessy pictured at the Unicorn Theatre in London
tvFiona O'Shaughnessy explains where she ends and her strange and wonderful character begins
Arts and Entertainment
The new characters were announced yesterday at San Diego Comic Con

TV
Arts and Entertainment
Rhino Doodle by Jim Carter (Downton Abbey)

TV
Arts and Entertainment
No Devotion's Geoff Rickly and Stuart Richardson
musicReview: No Devotion, O2 Academy Islington, London
Arts and Entertainment
Christian Grey cradles Ana in the Fifty Shades of Grey film

film
Arts and Entertainment
Comedian 'Weird Al' Yankovic

Is the comedy album making a comeback?

comedy
Arts and Entertainment
While many films were released, few managed to match the success of James Bond blockbuster 'Skyfall'
film
Arts and Entertainment
Jamie Dornan as Christian Grey in the first-look Fifty Shades of Grey movie still

film
Arts and Entertainment
Sue Perkins and Mel Giedroyc, centre, are up for Best Female TV Comic for their presenting quips on The Great British Bake Off

TV
Arts and Entertainment
Martin Freeman as Lester Nygaard in the TV adaptation of 'Fargo'

TV
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

ES Rentals

    Independent Dating
    and  

    By clicking 'Search' you
    are agreeing to our
    Terms of Use.

    Save the tiger: The animals bred for bones on China’s tiger farms

    The animals bred for bones on China’s tiger farms

    The big cats kept in captivity to perform for paying audiences and then, when dead, their bodies used to fortify wine
    A former custard factory, a Midlands bog and a Leeds cemetery all included in top 50 hidden spots in the UK

    A former custard factory, a Midlands bog and a Leeds cemetery

    Introducing the top 50 hidden spots in Britain
    Ebola epidemic: Plagued by fear

    Ebola epidemic: Plagued by fear

    How a disease that has claimed fewer than 2,000 victims in its history has earned a place in the darkest corner of the public's imagination
    Chris Pratt: From 'Parks and Recreation' to 'Guardians of the Galaxy'

    From 'Parks and Recreation' to 'Guardians of the Galaxy'

    He was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star
    How live cinema screenings can boost arts audiences

    How live cinema screenings can boost arts audiences

    Broadcasting plays and exhibitions to cinemas is a sure-fire box office smash
    Shipping container hotels: Pop-up hotels filling a niche

    Pop-up hotels filling a niche

    Spending the night in a shipping container doesn't sound appealing, but these mobile crash pads are popping up at the summer's biggest events
    Native American headdresses are not fashion accessories

    Feather dust-up

    A Canadian festival has banned Native American headwear. Haven't we been here before?
    Boris Johnson's war on diesel

    Boris Johnson's war on diesel

    11m cars here run on diesel. It's seen as a greener alternative to unleaded petrol. So why is London's mayor on a crusade against the black pump?
    5 best waterproof cameras

    Splash and flash: 5 best waterproof cameras

    Don't let water stop you taking snaps with one of these machines that will take you from the sand to meters deep
    Louis van Gaal interview: Manchester United manager discusses tactics and rebuilding after the David Moyes era

    Louis van Gaal interview

    Manchester United manager discusses tactics and rebuilding after the David Moyes era
    Will Gore: The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series

    Will Gore: Outside Edge

    The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series
    The children were playing in the street with toy guns. The air strikes were tragically real

    The air strikes were tragically real

    The children were playing in the street with toy guns
    Boozy, ignorant, intolerant, but very polite – The British, as others see us

    Britain as others see us

    Boozy, ignorant, intolerant, but very polite
    How did our legends really begin?

    How did our legends really begin?

    Applying the theory of evolution to the world's many mythologies
    Watch out: Lambrusco is back on the menu

    Lambrusco is back on the menu

    Naff Seventies corner-shop staple is this year's Aperol Spritz