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New Socialist Settlement >> Globalise the Left! >> Bevan Re-visited, In Place of Fear >> Psst! Wanna volunteer..?


New Topics for Today Managing Migration --- Legalise all Drugs ---  Devolution within Wales --- Abolish the Census --- Sharing Patent Profits
                                   Market Denial --- Taming Corporations --- Limiting Limited Liability ---  Rugby Amorality  --- Founding New Schools




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Diary Note /0052

Monday 27 May 2002

Did you miss the previous DiaryNote? Check it out 
 

Managing Migration

Labour is panicking over immigration.  We have lost our sense of perspective.  The so-called moves to the Right on the Continent are taking their toll.  UK politicians, including Government Ministers, strive to be seen as "tough on immigration", and that means voicing a degree of intolerance of foreigners.  On immigration, the hawks vastly outnumber the doves

Leaks from Downing Street about using the Royal Navy to intercept bogus asylum-seekers in the Mediterranean are sadly believable, if essentially absurd.  The barmy Blunkett Plan to build a new generation of super detention centres (which do not legally detain at all, you understand) is taken seriously.  Under electoral pressure, Labour is losing perspective.

This panic is demeaning, a failure of political imagination.  Several commentators this Sunday, including Andrew Rawnsley in  The Observer, have pilloried on the Government'a populist reaction.  And David Blunkett is praised by Lord Tebbitt - these are dark days.  By seeking electoral approval for their "toughness on immigration", our leaders promote internal ethnic tensions.  And the reduce the "political space" available for the expression of decent, balanced, humane views of the process.

The right course for Labour is to embark straight away on a diplomatic campaign for an international, humane, framework capable of working for the modern world as a whole.  There is no point in striving for a mere "European" solution: Fortress Europe would be no better than Fortress Britain.  Only a humane, UN-wide solution will do. 

We should gather our composure, and start thinking.  I suggest our analysis should run like this.

First:  Acknowledge that recent election results, both on here and on the Continent, confirm that disruptive migration is considered by the electorate to be a major problem - even though the statistics tell a different story.  Such apprehensions should not be ignored or minimised.  And it is wrong to categorise a resentment of immigration as a swing "to the Right": it is a common perception, across much of the electorate (and among Labour Party members, as among others).  It is that perception which must be addressed, as must the underlying migratory pressures.

Second: a modern society must be statistically equipped to put population-change into perspective, with reliable up-to-date data.  This argues for the abandonment of the cumbersome full-enumeration ten-year Census (operated since 1801, long before the emergence of modern statistical reasoning) and the introduction of an annual 10% Sample Survey, which would be equally authoritative for many purposes. With a Census Date of (say) 1 March, it should be possible to have basic data available by 1 October in each year.  Economical solutions should be available, by combining this Survey with other regular investigations. The coming debate must develop a numerical dimension, and the numbers must be reliable.

Third:  UN multilateral treaty agreement should be sought upon a Common Migratory Reception Rate, namely a percentage of each State's preceding year's population which it would be reasonable for that State to accept within the ensuing year.  This would relate to overall immigration, not merely to the accommodation of political refugees, "asylum seekers". The UN should seek agreement upon a common percentage (e.g. one-half of one percent per annum) which every State would be committed by treaty to accept.  This would ensure that the electorate of each State could rely on the other States' accepting a common reception commitment.  This would reduce internal tensions, and provide a clear framework for the long-term international management of migration.

Fourth: The UN (through the UN High Commission for Refugees, UNHCR) should be given responsibility for making all asylum adjudications, by way of a new system of international tribunals.  This would remove from each signatory State the responsibility for making its own separate adjudications.  And it would be for the UNHCR to "place" confirmed asylum-seekers  with signatory States, within the limits of their CMRR, and to ensure the honourable repatriation of unsuccessful applicants.

Such an international framework would reduce the threat of ethnic conflict, and minimise internal ethnic tensions. These reforms would have to be combined with the revision of rights-of-abode and the laws of full citizenship.  That is an even broader issue, which I will return.

Your thoughts?
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High, and Free

I commend to you A C Grayling, writing about drugs reform in The Observer, trailing his address to the Institute of Public Policy Research on Thursday 23 May. 

Last week's public debate prompted his ringing call for full drug legalisation Why a high society is a free society - do read it, it makes compelling reasoning.  With drugs, as with immigration, our political leaders are plainly scared to lead.  And that throws into high relief the courage of the ten  MPs who have committed themselves to full legalisation, by signing the Angel Declaration.  You can check out the full list, and do the same yourself, by signing on-line at Angel Declaration  


Weaker Provinces Stronger Regions

I was also lecturing on Thursday 23 May, to the Cardiff Fabian Society, condemning the "salarisation" of Wales' 1270 local unitary Councillors, in particular the 125 "frontbenchers" who are to receive salaries under Labour's new system (Local Government Act 2000).  Labour has created a new Welsh political salariat of c 250, up from 45 in 1997.

I am campaigning for the statutory functions of the 22 unitary councils to be transferred hook line and sinker to three substantial Regional Councils, using the existing Assembly boundaries -

  • South East Wales  1.450m
    South West Wales    650k 
    North/Mid Wales     800k

Check out the speech at  Summary.  Each Constituency should elect a single Regional Councillor, and the Assembly Members and Members of Parliament should ex officio be full voting members of their Regional Council.  This would reduce the number of salaried politicians in Wales from 250 to 140, all assigned to their respective Regional Councils. 

New civil service  The administrative staff of the unitary councils in each region would be streamlined and forged into a high-quality Regional Civil Service.  And the Regional Councils would receive their block-grants direct from Westminster, rather than through the Assembly.  The Assembly would, however, continue to exercise all its other present statutory functions.

Your thoughts? Drop me a line > < Top  


Keeping track
on ourselves

The data revolution touches us all, at every moment of the day.  Both public agencies and private corporations now hold so much data on each of us that the concept of "privacy" is becoming tenuous.  And the issue has the most enormous implications for the civil liberties of future generations.  This week's particular issue has been the wrongful use and retention of a person's DNA, triggered by the paternity proceedings against the US film producer Steve Bing.  His DNA sample was obtained from a piece of dental floss, recovered from his dustbin.

But "data" covers everything - and there's the rub.  For it is largely the integration of data which poses the threat to civil liberties.  And more specifically, the major threat comes from the State, which holds the most intimate and detailed information on most of us.  With the abuse of personal data by private corporations, it is not difficult to imagine the development of civil and judicial remedies.  But the implications of an all-knowing all-seeing State are very scary indeed.

My solution would be to vest all public databases in an independent authority charged with their proper custody.  It is vital that we created new "Chinese wall" between the operating agencies and the national data-archive.  We need a new constitutional check, a new balance.  While each agency would be entitled to access its own data, generated legitimately for its own purposes, reasons would have to be given for all forms of cross-agency access, and permission granted by the Data Authority.  Criminal investigation, tax evasion, and money-laundering would be common reasons, but others would arise and and a new case-law would rapidly evolve.  Requests for the mere integration of impersonal data for statistical purposes would not of course be problematical. 

The data revolution represents a grave challenge to a free society.   The whole process must be managed, rather than ignored.  I am dimly aware of a "paradigm shift" going on in my political thinking, from the conceptual model of a society of free-standing individuals, intermittently subject to legitimate state "interference", to one of a society which is "managed" in all materialrespects, and where the real political challenge is to ensure the fairness and humanity of its managerial procedures.

Your thoughts?
Drop me a line > < Top 

Workers' Right to
share patent profits

I am rarely surprised by any provision of English law. My general knowledge of the law is good, even though I have been away from legal practice for well over thirty years.

But this week I was gobsmacked.  The first-ever legal action was launched under Section 40 of the Patents Act 1977, passed under the Callaghan Government.  It revolutionised employment law - and I had not noticed!  Nor had any legal action been taken to enforce it, until this week, 25 years later. 

It has always been a principle of UK property-based common law that if an employee has a good idea, that idea becomes the property of the employer.  That certainly covers copyright  and all registered items of intellectual property (patents, registered designs, plant rights).

But in 1977, Parliament under Labour declared that if a patent proved to be of "outstanding benefit" to an employer, a "fair share" should be returned to the inventing employees.

Colin Waters and Edward Raynes are scientists who used to work for the Ministry of Defence (its Defence Research Agency), and in 1985 they registered a patent for the liquid crystal display, the idea which revolutionised small-screen presentation.  It made fortune for the Government, and subsequently for its privatised offshoot QinetiQ.  Best estimate? £100m.

But not a penny has yet gone to Waters and Raynes, in spite of protracted negotiations.  They have now lost patience, and issue a writ.  The Courts will be asked to determine a "fair share" of whatever profit is proven to have arisen.

Will you tell your friends?  Because if someone like me did not know about Section 40, there will be many others similarly suffering in ignorance.  This could trigger a wave of legal actions, to enforce workers' rights. There will be some very worried research employers this week, frantically checking their records.

Your thoughts?
Drop me a line > < Top


Market Denial

Let me introduce you to a concept which has, I think, a great future before it.  It will play an increasing part in the management of the global economy.  Nation states will, I believe, make increasing use of market denial in "taming the corporations", and countering the worst forms of corporate abuse.

The reasoning is simple.  What is the single most important objective of the trading corporation?  To trade.  What is the best sanction, to impose upon a trading corporation?  To deny it the opportunity to trade.  How is that best done?  By denying it access to entire market systems, namely markets falling physically within the jurisdiction of a nation state.

Forms of market denial are already practised. The Port of Baltimore, fearful of oil pollution, already forbids entry to tankers without double-hulls.  This week the US Senate will amend the conditions of duty-free access to the US market for third-world products, to require an assurance that no employment discrimination has been practised, in the production of the imported goods. 

My forecast is that, in spite of the trends within the World Trade Organisation, Governments will in future years develop market denial as a means of countering the success of rogue corporations, those lacking transparency and guilty of internal exploitation.  As we move towards a more managed world, and more managed societies (itself a major political theme, with huge constitutional implications) then market denial, even on a single corporation basis, will become more and more attractive, as a political device.  Watch this space.

Your thoughts?
Drop me a line > < Top


My Bridgend
Conscience

I feel guilty.  At Bridgend last Friday 24 May, at the Bridgend Fabians meeting, I was pigeonholed by two keen local Labour Party members wanting to hear progress with my earlier Bridgend address, about tackling global corporate power - check it out - Taming the Corporations.  And I felt completely inadequate, because I had not been able to make any progress at all.

The subject seems so massive, so complex, so inaccessible, so slippery, that it seems to defy political confrontation.  I feel like that hapless Marine Commander trying to find the Al-Quaida troops.  I know that there are real enemies in the hills, but I have no means of engagement.  Is there any reader prepared to join me, in an on-line Discussion Group, in an attempt to formulate a strategy?  I have set up a Yahoo Group simply called Group X, but you will need to E-mail me first so that I can give you access to this secure, non-publicised, group.

Please join me
Drop me a line > < Top


Deny Limited Liability
to the Corporations

In 1856, the Victorians decided to adopt the idea that a natural person acting as shareholder should be allowed to limit his risk-exposure to the sum he chose to invest.  Private citizens would invest, they reasoned, even if they knew they might lose all their money - but not if they could be faced with unlimited additional claims.  So they invented the idea of limited liability, with liability limited to the amount of the investment commitment.

That principle remains sound.  What is scandalous, however, is that shareholders which are artificial persons are being allowed to limit their liability in the precisely the same way.  There is no foundation in principle for such a proposition. The Football League is being decimated by the abandonment of ITV Digital by its two dominant shareholders, Carlton Communications and Granada.  Carlton and Granada should never have embarked upon this venture if they were not prepared to stand by its commitments.   They will argue that they acted "within the bounds of commercial convention", and it is true that much business morality is decidedly fragile.  But they have not behaved openly, honestly and honourably - and we are entitled to expect such behaviour from major companies.  In my view, the law should ensure that such standards are observed.

Last week the Football League launched a full-scale legal action against the two defaulters, Carlton and Granada.  It is a brave bid, no doubt intended to strengthen their bargaining position - but sadly, they will lose, if the cases ever reaches the High Court.

For my part, I do not believe that the defence of limited liability should be available to artificial persons.  The device is widely used in the construction industry, enabling parent companies evade the liabilities of insolvent subsidiaries and cheating trade creditors, even where a subsidiary has been wholly-owned by the parent.  The practice is wrong, morally wrong. 

Parliament, let me make clear, has never decided this matter. There has never been any deliberate legislative decision permitting this perfidy.  It has simply flowed from the lawyers' application of routine legal reasoning to the wording of many statutes.  But it would take Parliament, acting in conjunction with other national legislatures (initially within the European Union) to change the law which has been developed internationally by the Courts.  If Labour were ever to move from an ethical foreign policy to an ethical company-law policy, it would be quickly reformed.

Your thoughts?
Drop me a line > < Top


Maradona Back

The good name of Rugby was blackened on Saturday, not by the play of the infamous Neil Back (who deserves the same opprobrium as Maradona, for the hand of heaven) but by the amorality of the sports commentators, both on BBC-tv and in today's sporting Press

At a critical moment of Munster's last assault on the Leicester line, the forward Neil Back clearly knocked the ball clean out of the hands of the Munster scrum-half, just as he was about to put in to the scrum.  It was a nasty, deliberate "professional foul", and should have been condemned by everyone.  Instead of that, the BBC commentators (including, sadly, Jonathan Davies) applauded to a man the ingenuity of Neil Back, when he knew that the Referee was not looking.  "He did what he had to do, and that is why Leicester are a great team" - that was the unanimous conclusion.

Rugby cannot survive such a manifest lack of principle.  No game can survive such cynicism, such lack of moral content.  25 May was a dark day for rugby.

Your thoughts?
Drop me a line > < Top

Founding New Schools

I agree with Iain Duncan-Smith.  Parents, and indeed other citizen groups in the community, should be entitled to initiate new-school formation, particularly primary schools.  The ingenuity of the whole community should be engaged in that process. 

But unilateral initiatives would not be practicable. We need a new procedure to enable groups to petition the local Education Authority, and to have professional guidance in the formulation of proposals.  The idea is raw, but sound, and a constructive aspect of participatory democracy.  I would like to see the idea developed.

Your thoughts?  Drop me a line > Top


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You are in the company of Roger Warren Evans