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Diary Note /0061

Wednesday 26 June 2002 

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Immigration
Strategic Faults exposed at Seville

Immigration straddled the Seville EU summit last weekend.  Every elected European leader is running scared of racism within his own electorate.  Thank heavens for France and Sweden, who retained some semblance of composure in the face of populist pressure, even if they were also animated by the wrong principle.  It would have been awful if Britain and Spain had got their way.

But they still got the principle wrong.  "Fortress Europe" is misconceived.   Only a radical change of policy direction will spike the guns of European racism and migraphobia.  Arguing for such a change, I have set out my stall at     Quadas: Quantum, Domicile, and Asylum.  We must find a new solution which does not retain the concept of illegal immigrants at all.  I accept that each society needs a defining sense of membership, and I equate that with full Citizenship, defined by each country in its own terms.  Members should enjoy the full benefit package of citizenship.  Everyone else should be treated as a Visitor, with significantly lesser entitlement. 

Treaty negotiations should establish the irreducible minimum entitlements of Visitor status, although each State would be free to add to them.  All arrivals would be treated as Visitors in the first instance, and therefore lawfully present in the country: see my later thoughts at Twin Track State

The key legal line would thus be drawn between Visitors and Citizens (not between legals and "illegals" at all).  This would confront and confound many of the superficial resentments of resident populations.  Annual sample population surveys would also establish reliable and current population statistics, enabling migration to be openly and rationally debated: that would remove another card from the racist pack.

Above all, migration policy would be conceived in terms that were liberal and humane, appealing to the best in people, not the worst.  Seville, sadly, still pandered to the worst.  "Fortess Europe" still firmly commanded the agenda, even if France and Sweden blocked the extremist measures initially planned for its delivery.   In the UK, opinion survey evidence simply does not support the image of an intolerant racist majority, although there is certainly a substantial intolerant and racially-prejudiced minority, and that is a major political problem which must be addressed.

Labour should trust the majority.

Where do your political instincts take you, on this one
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German Animal Rights

I can already hear the harrumphing in the Pall Mall gentlemen's clubs.  "What will these Germans think of next?  How can animals have rights?" 

German society, and German political culture, is certainly legalistic (see German Legalism).   They seek to give formal expression to all the key values of their society, in their Basic Law (Grundgesetz).  And now that so many animals rights issues are being brought before the Courts, they have decided to amend the Basic Law accordingly. 

This is my translation of the report I have just taken down from the Bundestag website, thanks to the WWWeb - it shows German legalism at work -

  • The need for new statutory provision had been clearly established, in the course of inter-Party discussions.  In Germany, the constitutional protection for animals as living creatures is still unsatisfactory.  For that reason, animal protection should be enshrined in the Constitution as a requirement that humans, in conducting their affairs, should take account of animals in a morally responsible way. 

  • Any ethical minimum should take account of animals’ capacity to experience pain, and of other sensitivities, particularly with the more highly developed species.  Contemporary scientific research, including animal cloning, has established that the specific animal protection legislation is ineffective, in the achievement of these objectives.  

  • As compared with other constitutional considerations, such as the freedom to conduct research and scientific investigation, animal protection is given scarcely any weight.  The need for minimum standards in the human treatment of animals has been demonstrated in the fields of animal transport, and in functional breeding programmes, and is reflected in a wide range of judicial decisions.

So let's do something about it.  I confess I have a sneaking admiration for the openness and boldness with which all parties in the Bundestag have addressed this issue.  It is a good advertisement for the habits of maintaining a written Constitution...

  • PS  ... quite like old times .. when I was a young Barrister I used to make a bob or two translating European Court judgments from German and French into English - poorly paid drudgery, it was.

What do you think?

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No symbolic message here, except the transient nature of weblogging, the evanescence of our opinions. But you must admit: it is a pretty picture...

 

Armageddon Approaches

Some of you, I know, think I'm barmy to advocate the drastic reduction of the rail network  Keep it simple, Darling  All environmentalist common sense seems to argue against me.

But the signs continue to accumulate that the costs of bringing the entire rail network back into safe and efficient use will be politically unsustainable.   Drastic cuts will have to be made, and the policy emphasis shifted to highway improvement.  The top international civil engineers Bechtel warned this week that the £6.3 billion estimate to renew the main West Line from London-to-Glasgow would double, to £13 billion.   And the costs of getting a Railtrack settlement with the shareholders continues to escalate too.

With only 7% of all passenger journeys tmade by rail, principally in (and to and from) the wealthy South East, Labour's political Armageddon is rapidly approaching.

Would you be prepared to commit these resources, just to preserve the rail network?
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Incomprehensible maze of pension provision

One of the tragedies is of spin is that the public, having been spun the anticipatory story, rarely get to read the real thing.   Having been spun the Government line on pensions, on Thursday, I did not catch any full report of what actually happened on Friday (see The spinning must stop!  I picked up only the next day's Guardian leader A Pension Labrinth  

Andrew Smith, in his first (and first-spun) speech as Pensions Minister, spoke of the "incomprehensible maze" that confronts workers today.  Andrew - hold onto that phrase!  Because it contains the clue to what you should do now. 

You should create a simple and comprehensible State pension system. You should renounce the Government's love affair with the private sector in pension provision, and create a simple two-tier system of State provision.  Stand back, and take a look a simple, customer's eye view of the situation.  And I mean simple.

You should continue with the present means-tested Minimum Income Guarantee, linking it to (say) 15% of the individual average wage.  And should introduce a decent Old Age Pension pitched simply at twice that level, namely 30% of average wage, for those who make NI contributions for their full required period.   Labour's message should be a simple one -

  • "If you fritter your life away, and do not save, you will get just X% of the average wage, when you are old.  We will help you, because of your membership of this society - but the support will be minimal. If you pay your NI to the full, you will get a State Old Age Pension of 2X%, double the minimum guarantee.  In addition, you will get the fruits of any private savings you have been able to make."

Everybody would understand that.  The incomprehensibility is itself a grievous wrong, and a source of anxiety and insecurity.  It is your destiny to grasp the nettle, and disperse it.  You must devise a differential system, which moves dynamically according to the success or failure of the wider society - that is why the promises must be made in terms of proportions.  And the guarantee to everyone should be identical, regardless of means.  Old age is the Great Leveller, a sobering antidote in our society to the ravages of youth and ambition.

I would understand if you were extend the full-entitlement service period, to (say) 43 years, which would help the sums a little.   That would mean a full-pension retirement age of 67 or 68, for some people, although it could be tapered for earlier (or later) retirement.  But you must not let yourself be bamboozled by the mumbo-jumbo of the actuaries profession - they can prove conclusively that anything is too expensive.  This will be a test of our (and your) political leadership: we must decide what our fellow-citizens are entitled to expect, and then find ways of delivering to a new Pensions Promise.

Let me know what you think
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Socialism, or Protectionism

The Russian Duma (Lower House of Parliament) is just about to ban "foreigners" from the ownership of farmland in Russia.  The Bill is of momentous importance, because its primary purpose is to confirm, at long last, that farmland can be the subject of private ownership.  That has been constitutionally in doubt since 1917, when private property rights were collectivised by statute - indeed, this ambiguity has been one of the factors inhibiting the rise of the Russian market economy, during the 1990s.  The institutions of private property are fundamental to the success of capitalism, after all.  So the omission is at last going to be made good.

Yet the new property regime will cause mayhem.  Gorbachev, realising the key strategic significance of the land ownership issue, struggled (at the time of perestroika) to retain the principle of State freehold, to be combined with long-term private leases.  That would have been (for me, given my politics) the ideal solution.  Just like Henry George, and the socialists of the 1880s...  But Gorbachev lost to Yeltsin, and Yeltsin sold the pass.  It was decided that land would be the subject of private freehold rights. Yet the tussle continues, seemingly in a different form.

There are those who seek by this ban, to prevent the onward march of globalisation and of the corporate sector, in true George Monbiot manner.  There are others who see the new Bill merely as a means of retaining Russian assets for Russian capitalists, restating the timeless Russian suspicion of the foreigner.

Watch out for the Third Reading in the Duma (yes, they have the same procedure) - it is bound to be very interesting.  My suspicion is that, far from being an exercise in Wat Tyler populism, this is a matter of the Russian capitalist Mafia wanting to keep others off their patch.  The device may work for a Switzerland or a Jersey, but it will never work for a massive country like Russia.  The learning process, however, is likely to be painful and disruptive.

Do you have any experience of doing business in Russia?  If so, will you share it with us?
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