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Diary Note /0058

Sunday 16 June 2002 

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Join the Police
and see the world

Ponder the TV scenes of thug-less English football crowds, sanitised in Sapporo and Yokohama, accompanied by beaming Japanese policemen.   For the phenomenon symbolises the extent of the managed world.  In a different manifestation, my middle-of-the-night train journey to London this week was punctuated by a group of fast-talking Japanese couples studying at Swansea University.  That was the other side of the coin.

§       NB  I always get the 3.20 am train because it allows me to buy a Supersaver Return, reducing the Swansea-London fare to just £27.70p, with Senior RailCard…that’s cheaper than the coach.. 

All the indications are that this exercise in international crowd management, by the various police-forces, was a success.  Many hundreds of known football trouble-makers from the UK were prevented from travelling by banning orders, made by the English Courts.  Japanese policemen visited the UK to learn the ropes.  UK Police were seconded to Japan, to help with identification and crowd-control.  And there were presumably similar reciprocal links with other national police-forces.  It mounts up to a formidable network of police cooperation.  And to cap it all, the validity of the UK banning orders was upheld, on the grounds that banning was not to be equated with a punishment for crime, and that there had therefore been no unacceptable abridgement of anybody’s human rights.

All around us, cooperation between police-forces is proceeding apace, and is bound to go much further.  Within the EU, Europol provides an integrative policing framework whose agenda is steadily growing and is bound to develop much further – in the sectors of fraud, pollution, money-laundering, counter-terrorism, immigration, tax-evasion (to name but a few….)  Then there is Interpol, which is more shadowy and less accessible, but no doubt active in the war against terrorism

These are all manifestations of “The End of Infinity”.  We now confront a finite and managed world, and that brings with it a raft of new political challenges.  Who would have imagined, twenty-five years ago, that Japan/UK police cooperation in football-crowd management would have been regarded as routine?  We shall soon see the phenomenon of “foreign” arrest warrants being given automatic effect within the UK, in an effort to speed up and simplify the law enforcement process.  All these changes pose particular difficulties for the civil rights lobby, which has traditionally been content simply with resisting state interference.  Drawing that line, keeping the State within acceptable bounds, a caged Leviathan, has been the dominant rationale of the civil liberties sector. 

That old-liberal formula no longer fits the bill.  State management is everywhere, in every nook and cranny of society.  We in the civil rights movement face the challenge of having to devise new institutional protections which acknowledge the primacy of overall societal management.  The rationale of permissible intervention must be hammered out in positive terms, and rendered accessible to popular debate. 

One example this week posed this question

  • “Is it permissible for the Authorities, when faced with a mentally-ill patient who is incapable of giving consent, to authorise major frontal-lobotomy brain-surgery, of a kind that offers real hope of permanent improvement, even if there are also risks of failure or deterioration?”

The question arises in Scotland, where the Scottish Parliament is considering authorising Court intervention where such consent cannot by definition be forthcoming see Scottish move on brain surgery. 

For traditionalists, this is a key question of principle.  Traditional civil libertarians argue that it is only actual consent which, in the case of an adult, can authorise such a profound “assault” on a fellow human-being, however serious the mental illness.  Traditionally, the absolute sovereignty of the individual is pitted against  encroachment by an overweening state.  Yet the Scottish change will probably be approved, and it will command general public assent.  Nobody will treat the issue as a big deal.  Times, they are a’chang -- in’…  Just as most people will applaud the football-fan travel ban, in spite of the risks of injustice to those banned.  Things must be competently managed…

The truth is that we now face a policed world, a managed world.  This presents a new paradigm of governance, because it lays responsibility for the entire system at our political door.  There is no hiding place., no old-Liberal bolt-hole.  What matters now is the not a mere restriction of the scope fo government, but rather the quality and humanity of governance generally.  And it is to those issues that the civil liberties lobby must now turn.

Do you agree?  Do you think I have got this wrong?
Drop me a line > < Top 


Chinese
Puzzles

As living-standards rise, more and more Chinese want to travel.  And the Chinese Government wants them to travel, too, for good business reasons.  But only if the appropriate management systems are in place.  They can visit only countries of which the Chinese Government approves, and where treaty arrangements are in force.  So the Chinese Government has embarked upon diplomatic negotiations to secure tourist visa quotas in the other countries of the world – deals have now been done with Australia and New Zealand, South-East Asia, Japan, South Korea, Hong Kong – and Malta.  A further set of negotiations is with the European Union, focusing on the Schengen countries, between whom there are no border controls, no vestigial passport checks.

So far so good.  Extending tourism must be in everyone’s interests. 

  • “But,” says the Brussels Commission, “the majority of illegal immigrants come over the Europe perfectly legally – and then outstay their welcome.  They do not enter illegally at the outset.  They are overstayers.  The agreement with China should contain a re-admission clause which would facilitate the immediate return of Chinese visitors overstaying their visa period”

China refuses to agree, simply because they have concluded all their previous agreements without conceding such a clause - although they have agreed with Australia to accept returning “boat-people” and others who entered Australia illegally in the first place.  Hence the impasse

This is yet another bit of global management going on, beneath the political surface.  The UK Government now wants to make the acceptance of rapid repatriation terms a condition of foreign grant-aid, that’s another example of managerial dealing.  The civil rights lobby must move quickly, to re-draw its lines in the sand.

Do you agree
?
Drop me a line > < Top 


Might the
"War on Terrorism" unravel corporate secretiveness?

Strange connections are being made Last week, the OECD complained that many counter-terrorism measures were bad for business, and should be reconsidered - see Terrorism, Bad for Business.  This week it was the turn of Governments to complain.  The Americans complained that only slow progress had been made with unravelling Al-Quaida financial networks, because of corporate banking secrecy.  Far greater openness was needed, they said, if terrorism was to be detected and countered.

That’s a gem.  It is in the same class as the Financial Times’ endorsement last week of the need for a decent State Old Age Pension.   For the truth is that national legislatures should indeed be imposing much tougher disclosure requirements on corporations already.  For my part, I favour an open-books presumption in the case of all companies with publicly traded shares subject to a Board discretion to preserve bona fide commercial secrets. 

Most of the company scandals of the last thirty years would have been prevented, if the cloak of legalised secrecy had been removed from Management.   Exploitation flourishes in secret.  We should strip away that legal protection.  It would be deeply ironic if it took the War on Terrorism (coupled with Enron) to bring the US Government to its senses, persuade it to confront Corporate America, and to drive the management crooks from the Boardroom.  But in politics, stranger things have happened...

Where do you stand, on the question of radical company law reform  ?
Drop me a line > < Top  

Who will rid us of
this troublesome copper?

Sir John Stevens is a pain.  A disloyal, troublesome public servant - commonly referred to as "Britain's top policeman".  His office, as Commissioner of the Metropolitan Police, deserves that accolade.  His conduct does not.  I am indebted to Mark Lawson of The Guardian for highlighting yesterday the misleading set of "crime statistics" published by Sir John last Thursday, and made the subject of a special Press Conference by him - see  Crime and Punishment by Numbers  

These "statistics" related to a single London day - "one crime every 5 seconds"  - the tabloid headlines screamed.  Yet "the day" was 1st May 2002 - May Day - the day of the anti-capitalist marches, when Sir John massed his men in Central London.  As Mark Lawson points out the one-day figures "... are a statistician's trick, by a man understandably trying to increase the share of tax-revenue coming the way of his Force".

That is unforgivable.  I do not trust you, Sir John, because you have played these mischievous games before.  You have an anti-Government agenda, and you are prepared to use any device in pursuit of that agenda.  When you abused your authority to announce "16,507 crimes in one day" you must have known that it would grab the headlines and cause gratuitous anxiety to thousands upon thousands of vulnerable and worried Londoners.  You are abusing your position, Sir John - and in this matter, you've got form - you did the same thing back in March - see Police Matter

Does Sir John bother you?
Drop me a line > < Top 

The
Twin Track
State

It must be clear that I am focusing these days on the political implications of a managed world, so dramatically symbolised in the World Cup.  But that's weblogging for you - in these columns you simply get the ideas that are moving me, warts an’ all

And it is clear to me that all States will have to review their conventional pigeon-holing of humanity.  Since this issue first arose (say, since 1850) States have differentiated between –  

  • Their citizens, or “nationals”, or passport-holders, with definitions varying from State to State, some States permitting dual-citizenship, some not;
  • Permitted non-citizens (holding work permits, tourist visas, other permits, time-limited or otherwise)
  • Illegal immigrants, those entering the territory without any of the above rights.

It is this three-way categorisation that is proving problematical, because of the presence of Category C, the "Illegals". The underlying proposition is that migration itself is "unlawful".   And this generates an enormous claim upon Police time and resources.  You can travel back to your country of abode, and you can travel temporarily at other times, with the consent of the host state.  But if neither of those cases apply, your movement is illegal.  That appraoch is proving problematical, on every side.

It is only since the 1960s that immigration, and the related issues of “race relations” within communities, have risen up the political agenda.  The first Wilson Government, under Roy Jenkins as Home Secretary, introduced the first Race Relations Act in 1965, followed by a second in 1968.  I was active at that time, as a national officer (Secretary) of the Parliamentary lobby

Black White
  Equal Rights  

In fact, I think I thought up that title, which became an important slogan in the mid-Sixties – but the memories are hazy now (see my Biog)

That three-way categorisation should be reduced to two.  Each State should remain entirely free to designate those who are its full "members", enjoying its full benefits and holding a right of abode, the right always to return home to its territory.  All others should simple be treated as lawful occupants, whether visiting, touring, studying, or working - and whatever the manner of their arrival.  Each State should be free to use visa-controls, if they wished, and to impose conditions upon their grant - although international competition for tourism would increasingly inhibit such intervention.  But the mere presence of an occupant within a territory should not and would not be considered illegal. 

Occupants would be accorded minimal rights, without having access to the benefits of full membership.  It would be for each State to determine those occupant-rights within its territory, although States should move by negotiation to the formulation of a common international package of rights for occupants.  As our children move around this marvellous world, they should know where they stand.  Provided that occupants made no "benefit demands" upon the host State, they would ordinarily be permitted to remain, quite lawfully.  While remaining, they might be accorded the following rights -

  • A&E medical treatment 
  • Equality before the law 
  • Police protection against crime
  • Right to take up paid employment
  • Right for minors to receive schooling 
  • Impoverishment relief 

As at present, a visitor convicted of a crime could be deported, by Court Order; a claimant for impoverishment relief could also be deported if there were "no reasonable prospect" of self-sustaining financial support, through work or otherwise.  Employers would be relieved of any obligation to "police migration", and would be free to employ whoever they wished.  And occupants would have the right (whether asylum-seekers or otherwise) to apply for naturalisation in accordance with the laws of each State.  And diplomatic negotiation should seek to harmonise naturalisation requirements, in an increasingly integrated, managed world.

The effect would be to draw a new line between those in membership of a State community, and those merely present in the country as occupants.  Migration management would become a matter of civil administration, not criminalisation. This would meet many public concerns, and would be entirely consistent with the Human Rights Act.  It would lay the ground for an honourable and egalitarian system of public and Police administration. 


Earlier this year I developed a slightly different approach, but the thinking comes from the same stable DOMUS

Let me know what you think
Drop me a line > < Top 


Political Top Ten

I have conceived a new game.

And I want you to play it.  It's not like Fantasy Football.  In fact, it is not fantasy at all.  It merely requires you to place in order of priority, the Top Ten issues confronting the UK Government.  My table reflects a UK assessment, although I suspect that the order would not be decisively different for other European countries.  It would be interesting to attract other-country assessments, including the United States.

This is my own selection, reflecting my own assessment of the democratic electoral scene - these are the subjects which I think are occupying people's minds, which are therefore critical to the democratic political agenda - let me know what you think

1.   Governmental legitimacy

2.   Civic disorder

3.   Personal mobility, transportation

4.   Income insecurity

5.   Immigration

6.  Corporate wrongdoing, fat cats

7.   Healthcare

8.   State education provision

9.   Constitutional discontent

10.  Environmental pollution

I surprised myself with this selection! You can  Click through to my reasoning in full, if you have a moment.  And they reflect my particular view of the subjective nature of modern politics, as set out in  Multiple Differential Uncertainty that 1992 Essay which still informs much of my thinking.

And the following issues fail to command any top ten position at all, although some are engaged indirectly in the above table -

  • Europe and the Euro 
  • War on Terrorism 
  • PFI, and various public sector    financing methods 
  • Trade Union rights
  • National Lottery
  • State support for sports

What would your Top Ten be?  If you let me know, I will publish, right here on the Weblog -  Drop me a line > < Top 


The Merrill Lynch Conundrum

Have you been following the Merrill Lynch affair, in New York?  It is a cautionary tale of modern capitalism, rocking investor confidence in the States.  And it has the most enormous implications for our thinking bout capitalism and the corporate sector as a whole.  And the Fat Lady ain't got to sing yet...

  • Just to refresh your memory.  The redoubtable New York Attorney Eliot Spitzer is threatening to prosecute the Merrill Lynch analysts for dishonest share-pushing - they praised shares in public, just to boost their own bonuses, while rubbishing them in private.  The charge is one of criminal dishonesty.  Yet in the American plea-bargaining system, the charges are being "negotiated", with Merrill Lynch seeking to minimize the damage to the firm, by pleading to lesser charges and accepting higher fines.  And until this week, it seemed that Spitzer had done a deal, with Merrill Lynch agreeing to a fine of $100m.  Now read on...  

The problem is that the proposed Spitzer settlement leaves too many loose ends.

Because the settlement is of criminal proceedings, with New York State levying a $100m "fine" by way of punishment for dishonesty.  For those States who sign up to the agreement (because these are States Rights matters in America, not a Federal jurisdiction), there would be a share of the $100m by way contribution to their costs.  South Dakota and Missouri and currently threatening to stay out of the Spitzer deal.   And in any event, what of the investors who lost money when they acted on these dishonest "Buy-Buy-Buy" recommendations from the ML analysts? None of the money would go as compensation to them, because that would provide strong evidence against Merrill Lynch in other potential civil claims for damages.  The Consumer Federation of America is protesting at this exclusion of the real victims.

This goes to the heart of the current debate about the enforcement of company law generally.  The corporate sector lobby is pressing hard to secure the "decriminalisation" of corporate wrongdoing, and many public administrators are tempted to go along with that.  In arcane and secret matters of company administration, it is sometime difficult to prove allegations "beyond reasonable doubt", and it is tempting to settle for the easier civil requirement of proof "on the balance of probabilities".

That would be a mistake.  While there are indeed many aspects of corporate wrongdoing capable of being settled by way of civil compensation (most corporate wrongs are "only financial", after all) it is vital that fraud and dishonesty are always nailed as crimes.  Indeed, it is unsatisfactory that the Merrill Lynch analysts should be allowed to get away with a mere fine on their firm, which would not touch them as individuals.  A junior bank-clerk convicted of dishonestly embezzling £10,000 would be sent to prison for five years, denounced for his breach of a position of trust.  The Merrill Lynch analysts will be free to enjoy their dishonestly obtained $-million bonuses into a happy retirement.

That brings the law and the corporations into disrepute - indeed the taint extends to the authorities who permit such settlements.  Justice should be done and be seen to be done, particularly in the secretive and opaque world of trading corporations.

Do you agree?
Drop me a line >

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