Tuesday, June 30, 2009 

Legislation which doesn't amount to a hill of beans.

One of the more cutting attacks of recent months on the government came not from the Conservatives but from that other continual provider of friendly fire, Frank Field. Writing about government business which was slowly winding its way towards conclusion, he said "week after week MPs have been turning up but with almost no serious work to do. There is the odd bill to be sure. But there is no legislative programme to speak of ... the whole exercise is vacuous."

The problem with Field's criticism is that it assumes that fresh legislation is the be all and end all of government, and it has indeed become one of the key measures by which they are judged. This misses the point that it is not the quantity of bills which are passed, and New Labour has in the past been rightly accused of legislative mania, but rather the quality, on which Labour again falls down on. The immediate answer to passing frenzies and quick to evaporate moral panics is always to get something on the statute book, regardless of how those laws will end up being used and the overall effect they will have. The shining example remains the Dangerous Dogs Act, passed after a tabloid campaign and which outlaws entire breeds of dog, regardless of the dog's own nature. Last year's knife panic brought demands for anyone carrying a knife, regardless of age or reason, to be sent to prison, something which most judges are still rightly either ignoring or evading.

With this in mind, some criticism of what amounts to the next Queen's speech announced yesterday would be unfair. Who can blame a government in uncertain economic times, when it doesn't frankly have a clue how much money it will eventually have to play about with, from not having the most ambitious legislative programme mapped out? Added to this is that we are now less from a year away from an election, where the real big reforms and changes will doubtless be held over to put into the manifesto, and you're likely to be left with what is tinkering around the margins, dropping some of the more unpopular formerly proposed initiatives, with part-privatisation of the Royal Mail postponed and ID cards now not to be forced on anyone (although the real problem all along, the database, will still be around) while also attempting some populist gestures such as allocating more money to social housing building.

As of course this though is New Labour, they can't help but add some very real stings in the tail. The added measure in the housing commitment to make sure that "local residents" are first to be considered for new council homes has only one target, and that is the persistent myth, mined ruthlessly by the BNP, that migrants, asylum seekers and foreigners have the first crack of the whip. It's true that all councils have to bump up those who are in genuine need, whether homeless or otherwise, up towards the top, but asylum seekers and migrants are excluded from the very beginning until they are given leave to remain. Only 5% of social housing is allocated to foreign nationals, but this hasn't stopped the repeated claims that this isn't the case. That the government has now given succour to the idea, regardless of whether or not they also point out at the same time that it isn't true, it's the sort of legitimisation which the BNP and other discontents thrive upon and which they will be pointing out for years to come. It might not be entirely fair to call this "British homes for British workers", but it's not far from it.

Much the same is the case with the kind, generous, selfless gesture which is the offer of a job or training to the young who have been unemployed for over a year. Not a new announcement, but the stick being wielded is. Those who refuse a job, presumably regardless of what it is, will lose two weeks' benefit, and so on and so forth. The opposing argument will be that beggars can't be choosers, but putting someone into a job which they simply aren't suited to do is no solution at all. This conditionality was inherent in James Purnell's welfare reform bill, and it was just as damaging and potentially pernicious there as it is here. Most of those currently out of are work will welcome the possibility of a job, but not any job. One explanation for why this is especially being targeted at the young and out of work is that there is the potential to save money: tax credits, which eat into the savings made when the older out of work find employment, are not payable to those under 24. The government is therefore a winner regardless of whether a job is taken up or not.

Alongside the welcome retreat from the targets culture ingrained in the public sector under Blair, to be replaced by various rights to treatment or private tutors, although where the money's coming from is unclear, the most conspicuous absence is any real reform neccesitated by the expenses scandal. This might be for the better, as the beginning of this post argues, as legislation cobbled together in haste often fails all those involved, and it seems the current bill being rushed through is no exception, but for a prime minister who came in promising further constitutional reform, the final flushing out of the hereditary peers from the Lords is about as tame as it gets. It just confirms that as with the banking sector, parliament is getting back to normal, and far quicker than the City did. It can be argued that the public themselves didn't want major reform of Westminster, just an end to the gravy train, but at the same time it fails to answer the now critical insult that all politicians are more or less the same.

It's an attack which sticks, because all this latest package confirms is that Labour and the Conservatives are fighting a battle not over ideology, but over the little details. The key differences seem to be that the Conservatives will be slightly tougher, whether on law and order, foreign policy and the welfare system, and cut slightly more, except on health and foreign aid, and possibly education than Labour will. Little else really separates them. Neither is prepared to be honest about what they would cut, whether it's Labour who don't seem prepared to admit that they'll cut anything, or the Tories, who have no intention of telling just how harshly they're going to cut public spending. Here is where Alan Johnson's suggestion that there could be a referendum on voting reform at the same time as the election could have made so much difference. The promise that you would no longer be forced to decide which is the lesser of the two evils, with the Lib Dems joining the fray in certain areas, could have helped to suggest that there will shortly be a real choice. Instead we're fobbed off with the same old leftovers as before, regardless of which party is proposing what.

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Monday, January 26, 2009 

Bad law day.

Not just one, but two incredibly bad laws came into effect today - the reclassification of cannabis to Class B, which will inevitably result in more otherwise completely harmless individuals being prosecuted and potentially having their lives ruined just because they smoke one weed rather than another, and the criminalisation of "extreme pornography", which will inevitably result in more otherwise completely harmless individuals being prosecuted and potentially having their lives ruined just because they get turned on by things that others might find repulsive or sickening despite no harm being done to anyone in the making of said arousing images or video.

Next on Labour's agenda is naturally making the buying of sex from someone "controlled" for someone else's gain equivalent in the eyes of the law to rape. To suggest this might be a slow process building up to an even more unpleasant final reckoning might not be any longer being paranoid.

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Wednesday, December 03, 2008 

New Labour in rude decline.

Perhaps the government had the Queen herself in mind when it limited this year's parliamentary legislation to just 12 bills, leaving Liz to expel just below 700 words in the yearly parade of inanity, tradition, and as the Queen inexorably ages, insanity of getting her to dress in full ridiculous regalia to read line after line of jargon written on goatskin vellum. On the one hand, you have to admire her refusal to start reading it in a funny voice, or break wind or belch after the bills she doesn't think much of, such is the onerous and ludicrous nature of the state opening of parliament; then again, perhaps if you'd lived in the lap of luxury for your entire life, only having to make the occasional trip to meet Johnny Foreigner in-between state banquets and shooting small/and or large animals unable to defend themselves, you'd put up with the occasional indignity as well.

In any case, this latest Queen's speech, due to the paucity of any real eye-catching initiatives, perhaps lays bear what has driven New Labour since its establishment better than any pretentious newspaper article or even book attempting to explain their success. While the economy boomed, and especially up until the Iraq war, most managed to either shut out New Labour's worst social and illiberal excesses, or they were helpfully covered by education and health reform bills which came as thick and fast as the crime ones. This time round, with the government boasting that its main priority will be dealing with the busting economy, and with the focus on the public services perhaps rightfully jettisoned to actually allow the reforms that have been put in place to take root, although a NHS constitution is proposed, the vindictiveness and general unpleasant nature of the crime, welfare and citizenship bills stick out to a far greater extent.

The main criticism being thrown at the government, as it always is at those coming towards a general election, is that it has run out of ideas. This is not the case in this instance: New Labour has ideas, it's just that they're epitomised by their intellectual poverty. You would have thought for instance that the first recession since the early 90s would be a bad time to start out on the most "radical" and punitive welfare reform of New Labour's three terms. You don't cut the safety net when a far greater number are either jumping or being pushed, unless of course you intend to keep the rise in benefit payments down to make up for your lackadaisical and far too late gestures at making those who prospered during the boom pay their fair share. Instead we have James Purnell, who has never had a job outside of wonkery and a short stint at the BBC, insisting that New Labour is rude health and that a recession is the perfect time to "increase the help" to those who need it to find work. This "increasing of the help" is the line which the government has taken, intended to suggest that it won't be cutting benefits or abandoning anyone or making them do unpleasant things such as unpaid work if they're useless enough not to be able to find any.

Then again, you shouldn't really have expected much else from a government who employed an investment banker who boasted he knew nothing about welfare prior to writing a report on it (not entirely true: he begged for a state subsidy of £1.2 billion over the Channel Tunnel, which is roughly 10% of the annual incapacity benefit bill) and which isn't willing to admit that its proposals were based on the preposition that the number of jobs available would continue to increase. The other fatal flaw is that it's completely uncertain whether these plans will actually result in any overall savings, due to how the government intends for the private and voluntary sector to pick up the slack, paying them for every individual they manage to get into a job. Then, just to add the cherry on the cake, it comes up with such obviously barmy and offensive ideas as how single mothers should be preparing to return to work as soon as their child hits the ripe old age of 1; obviously caring for the baby comes second to attending interminable meetings at the local JobCentrePlus (sic). If you thought that was bad, then extending lie detector tests across the country after their apparent success in trials, all to weed out the fraudsters that cost the Treasury far far less than those who avoid their taxes really ought to convince you of how a Labour government is intent on betraying those it is meant to represent. Similarly, it doesn't matter that proper polygraph tests are often no better at detecting whether someone is lying than by chance, and that is after decades of research and developments, ones based on voice alone are considered reliable enough to be used to dock benefits from people often already anxiety-ridden or depressed. Some might suggest that if it's good enough for the dolescum, why can't politicians be permanently hooked up to the same machines in the public interest? Couldn't that potentially save us far more in the long run than any harassing of some of the most vulnerable in society?

Much of this isn't being pursued out of anything as noble as sorting out a system which certainly does have its problems and which can be abused, but rather because Brown is intent on continuing the doomed Blair agenda of at least gaining the right-wing tabloids' acquiescence by being as right-wing socially and on criminal justice as the party can manage without setting off mass internal protest. Crucially, this has recently coalesced with the feminists remaining in the party, resulting in the almost farcical reforms on prostitution, where someone who fails to determine adequately whether the person they're paying for sex is controlled for another person's gain can be charged and potentially convicted of rape. This coalition of opportunity was never more accurately described than by john b:

I’m especially impressed/depressed by the bit where they effectively admit that government policy on prostitution is based on the Venn intersection between Julie Bindel and Nick Griffin. That’s basically a summary of the current lot’s policy on everything, isn’t it? - if you can find something so bloody stupid that gibbering rightwingers *and* gibbering Trots think it’s a good idea, they’ll promote it.

It isn't just that though which makes you despair of the other crime policies outlined in the speech, but instead the government's apparent determination to stamp out almost anything that might resemble the citizenry daring to enjoy themselves. Hence lap-dancing clubs, something truly making people up and down the country rise up and demand change, will be reclassified as sex establishments, same as sex shops and sex cinemas (which don't exist, to the best of my knowledge), and so increasing the numbers that will oppose them opening up, just as the same individuals oppose any change in their area regardless of what it is. Likewise, local authorities will have the power to ban cheap drink promotions, anyone selling alcohol will need to sign a now compulsory code of conduct, while measures to further clamp down on anyone drinking in public or underage will be introduced. As usual, there is no inclination to look to why we have such an apparent drinking problem or binge culture, which might well pose some unwelcome questions about quality of life, working hours and wage slavery; instead just roll out the bans, the higher fines and the new powers. That in a recession some might well think the government ought to lighten the burden and even encourage you not to sink in a depression akin to the economic one seems to be anathema; instead it's time to attack all the bugbears of the rightwing press which only simmer during the boom but explode in indignation during a bust.

So it also is on the introduction of rules towards gaining citizenship. No longer will it simply be enough for you to show a rudimentary understanding of English, know enough about the country to outwit some of the contestants on the Weakest Link and pledge allegiance to our unelected monarch; unless you want to wait an extra two years, you'll have to perform voluntary work as well. Paying tax and not breaking the law it seems are no longer enough; they have to show they really want to enter our glorious multicultural society where all are welcome and no one is discriminated against by err, having to jump through as many hoops as the most jaded official can come up with. No one seems to have an idea what this voluntary work will be: it can't be picking up litter or cleaning off graffiti, as that's what those who can't find a job are going to do, equally taking that job off those newly having to declare that they are on "Community Payback", who have already also taken that off those paid by the council to do it.

This then is New Labour in apparent rude health. Instead it's a party exposed, something long overdue, as lacking in any rigour and exhausted by its own long-term policy manoeuvres, reduced to just a husk of its former self, its true nature fundamentally apparent. This could well be the last Queen's speech before a general election. It ought to be Labour's last. The sad thing is that the Conservatives will only offer even worse.

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Wednesday, May 14, 2008 

Tax cuts and yet more almost irrelevant legislation.

For what most of the press have presented as a panic measure, yesterday's move by Alistair Darling, or rather Gordon Brown skilfully manipulating the chancellor's strings, to raise the personal allowance by £600 to £6,035, a tax cut in effect worth £2.7bn, was reasonably inspired and probably the best option to mostly end the 10p tax cut debacle. It was what plenty have been arguing for all along: a honest, transparent and simple move that takes more of the working poor out of paying tax altogether, whilst not penalising middle earners at the same time. This was the opposite of what Brown, the supposed champion of anti-poverty measures had done in his last budget, the about-turn performed by his weak puppet. If this is the sort of thing that weak chancellors do, then we could do with more of them.

This isn't to forget about the downsides of the move. Firstly it does to a degree show the government panicking over the possibility of losing the Crewe by-election, but it also shows them genuinely listening to people's concerns, as Brown and others less than convincingly promised. More important though was compensating those who have lost out who should never have done in the first place, and if it just so happens to be done prior to a by-election which has become almost a referendum on Brown's stewardship of the country, then so be it. Secondly is that it sadly won't be fully compensating everyone that did lose out, with up to 1.1 million only getting half back. More must be done for them come the pre-budget statement in the autumn, but the issue does now seem to have been firmly closed, something that previous attempts at buying off both the rebels and the country at large had failed to do. Thirdly it puts the government perilously close to breaking its 40% of GDP borrowing rule, the tax cut coming as it does through lending, but almost any other means of compensating would have been either seen through for the con it was, left many still feeling short-changed even if they hadn't been or taken the best part of two years to come through, something entirely unacceptable. It has the added bonus for Labour of shooting the Tories' faux-plight for those who lost out under original change stone-dead, with Cameron always making clear that he would make no promises to restore the 10p tax band. Darling hasn't done that either, but he's done something better that the Tories at no time suggested.

If that was part one of the planned fightback, then part two was today's announcement of the draft Queen's speech, and understandably it had none of the dramatic effect or chutzpah of yesterday's gamble. Instead we have an almost congealed gloop of left-over, stolen or back of the fag packet style bills that hardly present a coherent programme of government. That is to be somewhat expected half-way through a parliament, but when it's also meant to be kick-starting Labour's hopes of getting re-elected in two years' time, it was mostly a squib of the damp variety.

One of Labour's worst tendencies has been to legislate, legislate, legislate and reform, reform, reform then think of the consequences later. We can see this in the continuing attempt to force through longer detention without charge, the use of various parts of Home Office legislation for purposes which they were not intended, the hospitals and schools sick to the back teeth of new initiatives when they haven't gotten used to the last one, and most egregiously, the banning of demonstrating within a mile of parliament, now due to be repealed in the latest constitutional renewal bill. The best political idea of recent years was the Liberal Democrats' pledge to have a bonfire of the very worst illiberal legislation placed on the statute books, and both Nick Clegg and Vince Cable have been making the same argument again today on the quantity rather than the quality of new bills. Their list at the time of what to repeal would still be a great start today, although you can also add the now tragically passed "extreme pornography" sections of the last crime bill to the things to burn.

In lieu of that happening, it has to be said that most of the bills at least have their heart somewhere in the right place. The problem with this pre-Queen's speech announcement is that at best we're given a very shady outline of what's actually going to be in the legislation once it reaches parliament, but on what we know the banking reform and saving gateway bills are steps in the right direction which seem unlikely to come across many hurdles. Of more concern and contentious are bound to be the equality bill, especially the part concerning the all-women shortlists which, despite having the right intention are not the way to achieve equality in parliament; the welfare reform bill, where it's not clear whether the government is "borrowing" the Conservatives idea of needlessly and wastefully re-assessing everyone on incapacity benefit but where they are forcing the long-term unemployed onto "training courses" they have most likely already taken; the policing and crime reduction bill which will introduce yet more crackdowns on "anti-social behaviour", binge-drinking and also "cut red tape", which might well mean the scrapping of the current stop and search mechanism; the Citizenship, immigration and borders bill which will likely toughen still further the steps towards citizenship; the communications data bill, introducing the EU's intrusive demands on data retention on ISPs and the like; and the coroners and death certification bill, where it's still not clear whether the government will relent on its much criticised changes to the coroner's system which mean the Home Secretary can order "sensitive" inquests to be held without a jury.

While this programme might have been intended to add detail to yesterday's decisiveness, it's certainly done nothing to curtail the Tories' spirits, and their response has been emblematic of that. Why, the government is so desperate that it's taking up to 12 of our ideas and putting them to good use was the cry from the opposition benches, and it's one that's not wholly unfounded. While such populist ideas as directly elected representatives that deal with the police can either work well or fail abysmally, there's little here that's immediately going to be opposed on ideological grounds alone, although the pledge to give agency workers the same rights as regular ones, which again needs to be fully fleshed out, might have the Tories pause for thought. There's the saving gateway bill and the social housing plan for government to put up equal amounts as the potential buyer to appeal to the Labour left, but the rest seems almost devoid of colour, limp, lifeless, dull and decent, as someone else suggests.

Some will argue perceptively that that's exactly what Labour needs to do at the moment, to abandon the high risk strategy of eye-catching new initiatives which the Blair years foisted on us time after time, and just concentrate on governing effectively and competently. The other side to the coin is that also suggests a government running on empty, with nothing new to offer, while the increasingly confident opposition only seems to building on its gains. As usual, the reality is split down the middle, with a party that neither knows whether to go all-out or to just carry on. It seems unlikely in the long-run that this latest programme will make any great difference: as before, the next election is now the Tories to lose, and with nothing left in either the kitty or the bag, Brown looks just as isolated and lonely as before.

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Friday, April 04, 2008 

The tabloids always win part two.

To get into the mindset of why exactly it is that Gordon Brown, despite all the evidence, is determined to reclassify cannabis to "Class B", you only have to read the beginning of this Daily Mail article, written by none other than our old friend James Slack:

You MUST reclassify cannabis: Brown gets message from police chiefs, charities, MPs and victims

Gordon Brown was urged last night to overrule his drugs experts and reclassify cannabis.

Advisers are expected to tell him that the drug should remain in Class C and not be moved to the more serious Class B from which it was downgraded in 2004.

But campaigners, police chiefs and opposition MPs said the Prime Minister must ignore the recommendation when it is delivered later this month.

In the words of the Mail's own Richard Littlejohn, you almost couldn't make it up. The drug experts MUST be overruled and the campaigners, police chiefs and opposition MPs, all of whom know far better just how dangerous cannabis is, HAVE to be listened to.

It's also, as you might expect, complete and utter nonsense that it was just the "one" presentation that made the Advisory Council on the Misuse of Drugs decide that cannabis should remain Class C. While we obviously don't know the reasons for its ruling in full, as it's still at least a month off and all that's happened is that the BBC were leaked the hardly surprising news that nothing in the last two years has changed to make them alter their opinions, we can make an educated guess that a panel of experts is hardly going to be swayed by just the one piece of evidence. As it is, this one presentation is still rather important: if cannabis causes schizophrenia at such a level as the critics claim, then you would expect that doctor's surgeries across the land would have noticed a rise in the number of those seeking treatment. This unpublished data from a confidential paper drawn up for the Home Office, based on surveys from 183 GP practices in fact showed that between 1996 and 2005 there had been significant reductions in the incidence and prevalence of schizophrenia. The critics could counter by saying that the "skunk" they so bleat about is a relatively recent development, and that those suffering don't necessarily seek treatment, but it's hardly a ringing endorsement of their continued case for cannabis to be in a higher class.

As Steve R on the Transform blog relates, all the motions of the ACMD were went through properly, perhaps even with a slight frustration that they had to yet again go through the risks and arguments over cannabis, something they've had to do at least twice previously in the last four years, only to reach the exact same decision. All of the myths propagated by the tabloids, the Independent on Sunday and those in favour of a return to Class B also continue to be found to be wrong. "Skunk" is not 20, 25 or 30 times more powerful than the old Moroccan resin: it's instead double the strength it was ten years ago, and only 4% of the "skunk" seized has a THC-content of more than 20%, the highest percentage found being 24%. Skunk might now be the type of cannabis seized 85% (other studies suggest 70% to 80%) of the time, but use of the drug has actually fell since it was reclassified to Class C. The reporting of the most recent study that considered the links between cannabis and psychosis was also predictably sensational and wrong: it found that smoking cannabis increased the risk of developing a "psychotic outcome" by 0.4%, duly reported as increasing the risk by 40% by smoking just one joint.

The reasons for why the Association of Chief Police Officers support reclassification to Class B couldn't be much stupider. Rather than being concerned about more time being wasted by beat officers no longer being able to confiscate and warn when most of the rank and file favour legalisation and view any messing about with cannabis users as about as productive as themselves going around on duty stoned, they instead worry that Vietnamese gangs have taken over the trade and are now mass-growing cannabis in factories concealed in houses. Quite how raising its classification would affect this change in the market as the suppliers have realised that's it far easier to grow it here using hydroponics than to risk importing it from abroad isn't clear, but in their warped logic it must somehow make sense.

Admirably, most of those who support reclassifying the drug as B don't relish the subsequent criminalisation of youth that would go hand in hand with it. It seems to only be the tabloids and the Conservatives that favour that, and even they try and hide their vindictive streak by instead arguing that Labour sent "the wrong message" by down-classing it. That no one who has ever smoked cannabis has ever cared what class it is and instead is only interested in the actual effects doesn't seem to have dawned on the old drug-war warriors yet; it might have given the impression that cannabis was legal, but that ought to be countered by a major education programme, as some of the saner voices have long been calling for, not by penalising those who dare to experiment with it, as most of the current class of politicians have themselves admitted. You mustn't now though, because it's an entirely different drug, as even Boris Johnson tediously said today after his belated statement on his own teenage drug use.

The whole point of the exercise of asking the ACMD for its view was to get Brown through the election he still thought he was going to call without having to make an actual decision, while being a sop to the Mail he has so assiduously courted. Once he'd won, he could then get away with going with the ACMD's decision even if the tabloids turned on him. It's all rather strange: there are very few votes either way in reclassifying the drug or not; now, if he proposed legalising it, which continues to be the only sane way to deal with the dreaded Vietnamese gangs and to end the lunacy of prosecuting small time possessors of the drug, then that would be something worth getting properly worked up about. Instead, Brown's likely to further try to appease the Sun and Mail by completely ignoring the expert advice that he commissioned in the first place, just as they too regard it with such utter contempt.

This is what should happen instead. Labour should be honest with both themselves and everyone else by coming out and saying the following: cannabis is potentially dangerous, just like all other drugs. There is a risk of developing mental illness through its use, especially if you smoke it constantly and you're already susceptible through genetic links to health problems, while those whose minds are still developing, such as anyone under 18, should certainly not use it for the same reasons. This is why we're going to decriminalise it, regulate it, tax it and age restrict it, and continue to monitor the scientific research carefully as it continues to be accumulated, all things that are already done with alcohol and tobacco, both of which, according to the Lancet's recent attempt to draw up a rational scale to assess the harm of drugs are higher on the risk scale than cannabis is. At the same time, we'll launch an unprecedented education programme aimed at establishing exactly what the risks are to children of all ages, while making completely clear what the change in the law means to everyone.

That, however, would be evidence based policy making; and in this country, the tabloids always win.

Related post:
Mike Power - What IS he smoking?
Transform - ACMD cannabis report update...

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