As the two UK by-election results last night demonstrate, Blair cannot hold on to power for much longer – but just what will his legacy be?

By HENRY PORTER in Vanity Fair

In the guise of fighting terrorism and maintaining public order, Tony Blair’s government has quietly and systematically taken power from Parliament and from the British people. The author charts a nine-year assault on civil liberties that reveals the danger of trading freedom for security’and must have Churchill spinning in his grave.

In the shadow of Winston Churchill’s statue opposite the House of Commons, a rather odd ritual has developed on Sunday afternoons. A small group of people’mostly young and dressed outlandishly’hold a tea party on the grass of Parliament Square. A woman looking very much like Mary Poppins passes plates of frosted cakes and cookies, while other members of the party flourish blank placards or, as they did on the afternoon I was there, attempt a game of cricket.

Sometimes the police move in and arrest the picnickers, but on this occasion the officers stood at a distance, presumably consulting on the question of whether this was a demonstration or a non-demonstration. It is all rather silly and yet in Blair’s Britain there is a kind of nobility in the amateurishness and persistence of the gesture. This collection of oddballs, looking for all the world as if they had stepped out of the Michelangelo Antonioni film Blow-Up, are challenging a new law which says that no one may demonstrate within a kilometer, or a little more than half a mile, of Parliament Square if they have not first acquired written permission from the commissioner of the Metropolitan Police. This effectively places the entire center of British government, Whitehall and Trafalgar Square, off-limits to the protesters and marchers who have traditionally brought their grievances to those in power without ever having to ask a policeman’s permission.

The non-demo demo, or tea party, is a legalistic response to the law. If anything is written on the placards, or if someone makes a speech, then he or she is immediately deemed to be in breach of the law and is arrested. The device doesn’t always work. After drinking tea in the square, a man named Mark Barrett was recently convicted of demonstrating. Two other protesters, Milan Rai and Maya Evans, were charged after reading out the names of dead Iraqi civilians at the Cenotaph, Britain’s national war memorial, in Whitehall, a few hundred yards away.

On that dank spring afternoon I looked up at Churchill and reflected that he almost certainly would have approved of these people insisting on their right to demonstrate in front of his beloved Parliament. “If you will not fight for the right,” he once growled, “when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.”

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