Showing posts with label court of public opinion. Show all posts
Showing posts with label court of public opinion. Show all posts

Thursday, 11 July 2013

Ed's Clause Four Alarm?

As my euphoria at the spectacular sporting summer was finally dampened yesterday by an abject batting
display from England, I noticed so wrapt have I been this past month with the Lions, Wimbledon et al, that I have been rather remiss with my blogging. There are a few worthy candidates for centrepiece of July's first rant...

It will have come as a massive shock to everyone I am sure to find out the jobs-for-your-leftie-mates wonderful public service (which a recent survey shows is less well-regarded than a decade ago) that is the Beeb has been throwing your tax pounds around like a drunken student on loan day. Or like the public sector in general, really. Overly generous compensation packages for those leaving the BBC have been hitting the headlines of late, and no wonder. It appears the fat cats at the Beeb, who they insist have to be paid so generously to lure them away from the private sector (well, thank God we are paying them so well - they've been so good recently; think Saville, Hall, McAlpine scandals to name a few), have been stuffing the pockets of their chums with wads of cash as they leave.

Presumably this is so it becomes generally accepted practice so when they next make an enormous balls up themsleves, nobody bats an eyelid when they walk away with a cool half million of so including pay in lieu of work they were actually paid for in the first place. It would almost be funny if it were a private company that would obviously only be hurting itself by depleting its cash reserves rewarding failure (or the quite magnificent compensation given to Caroline Thomson to make up for her not being considered good enough for the top job - what's the point of getting promoted when you can fail to get promoted and still get the higher salary to make up for your hurt feelings?). But it's not funny because we are forced to pay for them, whether we like them, watch them or not. Rather like having to donate to the Labour party regardless of your political persuasion... more on that in a bit.

There has been some totally expected politically correct quota-based nonsense over company recruiting. It is unsurprising in today's climate in which where you come from isn't your fault, unless of course you come from some degree of deemed 'privilege'. Yes, we are back beatng the class envy drum again and making sure we socially engineer our workforce. A study by the Association of Graduate Recruiters shows one in six leading companies are vetting the socio-economic status of their applicants, and predict it will soon be a quarter. Why? So they can make sure they have the 'right' mix of poor kids, rich kids, kids from state school, kids from private school, kids with university-educated parents, kids with barely-educated parents (vast tracts of the last two of which will in years to come merge together the way we are going). Apparently we have a 'need to diversify our workforce'. Yup, it is not just our universities that shouldn't any more have anything to do with meritocracy, but companies too. The best companies aren't run by the 'best' people, they're run by the politically correct 'right' people. Everyone knows that.

Under what banner is this positive discrimination taking place - "social responsibility is becoming higher on the HR agenda, so professionals are pushing this forward more". I know we've been here many times before, but imagine for a moment a world where this exact thing were happening but instead of saying we didn't want well-educated rich kids of well-educated parents, we had companies actively discriminating against better candidates on the basis that their parents didn't go to university, they don't earn much money and they sent their children to a state school. There'd be riots. But of course, as ever, class discrimination is ok as long as it harms the supposed higher echelons. Two wrongs apparently make a right. Absolutely barking.

The human rights fiasco barely needs touching on because it has all been said before. The laws are written in far too loose a way which thereby fail to recognise that firstly there will obviously be cases where different articles are competing on opposite sides of an argument (e.g. freedom of speech vs. right to respect for family and private life), and secondly it fails to fully elaborate on the caveats which allow for the limiting of human rights (e.g. fair imprisonment and the knock on effects). Clearly the most recent judicial horror show where the European Court of Human Rights have somehow sunk lower in eveyone's estimation is their ruling that whole life tariffs breach the human rights of the convicted multiple murderers and rapists in question. Utter horse shit. Illogical judges trying to be controversial to gain a name for themselves twisting the wording and interpretation of the poorly scripted laws to justify an obviously incorrect decision. Nothing more. What should we do?The same as we should do with the rulings over prisoners voting, or conjugal visits so prisoners might be allowed to father children. Ignore it, tell Europe to go hang and if they kick up a fuss, take our ball and leave. Same thing the French do with every ruling they don't like. We just need to stop being so British - stop being the only ones who queue at the great European ski lift.

But the winner is Red Ed and his 'Clause IV moment'...

The Tories have had a lot of fun this last week of so with the embarassment that is the Union stranglehold on the Labour party. Everyone knew it, as everyone knows the only reason brother Dave's taking his banana and heading off to America is that the Unions also choose the Labour party leader, and they wanted push over lefty Ed. Milliwho is doing his best shot at righteous indignation over the underhand tactics he has undoubtedly known about forever. The Falkirk scandal has brought the dead hand of the unions to the fore and with it their funding of the Labour party.

Now I for one think it's absolutely fine for the unions to try to influence policy - surely much of their raison d'être. As I have written before, I don't want politicians to exist in a bubble. They are meant to be being lobbied - which means trying to influence (the key word is 'trying'). We are then meant to pick the ones who we think respond in the best and most upright manner to said lobbying and produce votes, decisions and policies designed to help the country. People campaign for more attention (and normally more money) to be directed towards things they hold dear to themselves; it is human nature. People with relations with rare diseases form charities and pressure groups and lobby Government to get more funding for research. Communities lobby Government to say they don't want a massive power station built in their green fields. Business lobbies Governments to make business easier ahnd cheaper to do. Workers unions lobby Government (supposedly) on behalf of their workers to get things their workers would like. This also extends to funding political parties who they think will in general promote policies their interest group will like. It is barmy to have an issue with this.

What Miliband is trying to do though is make it seem he is breaking from the Unions and cleaning up political party funding. He is not. All he is proposing, at some unidentified future date, is that he will stop mandating anybody whjo joins a worker's union (which offer various benefits and are generally not a bad idea whatever your political leaning) paying money direct to the Labour party. It's one hell of an assumption to make and it is good that it will stop. What won't stop is the unions donating vast sums "on behalf" of their members (who don't vote on this - it's down to their self-important Gernerally-Thick-Secretaries). So union influence won't stop, nor will the money. However, because Ed has apparently cleaned up his side of the house he can now apparently assume the moral high ground and demand that political party donations from individuals be limited to £5,000.

Ridiculous. As everyone knows, the vast majority of donations Labour gets it gets from the unions who will still not qualify as 'single donations' despite it being a donation from a single entity generally run by a single person. The Tories differ in their funding, with far more coming from large individual donations. So Ed thinks he can somehow trade removing a disgraceful forced stealth donation for slashing the funding of the Tories. Not a chance. Anyone is free to give as much money as they want to poitical parties. All you need to do is have a system which mandates you to declare it all properly so the electorate can make a decision whether the party in question is being overly influenced by said donors against the best interests of the country. It is the same check against a millionaire oil tycoon donating millions to the Tories and naturally wanting less tax on oil as it is against the enormous workers union donating millions to Labour and naturally wanting more pay for its workers.

The other bizarre mandate from Ed, all pumped up from his showdown with Big Len is his stance on second jobs for MPs. Apparently not having checked that it might affect some of his senior MPs too, Ed has declared no Labour MP can have a directorship or consultancy by 2015, nor earn more than 15% of their Parliamentary salary elsewhere. Another barb aimed at the Conservatives who have many more MPs who have outside interests of note, it is a pathetic attempt to ride the swell of public opinion against MPs. It is the same swell that sees those in handsomely paid ministerial roles denouncing Ipsa's proposed basic salary increase. Easy for Cameron, Miliband and Clegg  (paid around £400,00 between them and each worth millions) to say that backbenchers on £66,000 shouldn't get another £6,000 or so; it's peanuts to them.

You can't have your cake and eat it boys - you wanted an independent body to set pay; you've got one. Yes, it is poorly timed but the grown up response from all of them should have been that the correct level of pay should be some degree higher. In comparison to similar public sector roles, their pay really is rather low - think about the Beeb, think about NHS managers, think about civil servants, hundreds of whom get more than the PM let alone a lowly backbench MP. They should acknowledge what everyone knows - that there have been years of refusing to increase headline pay because it is bad press but stealthily increasing benefits in lieu. It was what in part caused the expenses scandal. I'm not advocating a "pay them more so they don't have to steal" concept but you have to see on a basic level their salary is relatively low. It is better to have ourselves rid of the obfuscation of the expenses system and just pay them an appropriate upfront salary.

Ed is as plain wrong on this second job ban as he is on individual donations. MPs should be encouraged to be actively involved in the country they run. We don't want canned professional politicians, believe me - there are enough already. I want doctors, soldiers, teachers, lawyers, businessmen. MPs whose sole life experience is of politics is a recipe for disaster - political spin, survival over achievement, zero subject matter expert knowledge in policy making or on committees. I could go on. Earn what you want, declare it all and let the public decide. If they think an MP spends too much time in their private hospital surgery and not enough in their constituency surgery, boot them out. If they think an MP spends too long writing articles for papaers and magazines and not long enough writing replies to their constituents' letters, boot them out. If they think an MP is making decisions on his defence sub-committee based on the whims of his masters at a defence firm, boot him out. The answer is not banning influence, it is not banning our MPs from the right to earn more than their parliamentary salary, and it is certainly not banning them from having any interaction with the society they are meant to represent.

Milliwho's announcements this week have sought to impress some kind of leadership upon the unions who elected him and tried to turn the tables of debate onto donations to the Tories and their outside interests. It is not as Blair and some commentators suggest, a defining moment of leadership, though it might be a defining moment in his leadership. Ed has highlighted the overbearing influence the unions have on his party and picked a fight with McClusky he cannot afford to lose. With the IMF upgrading the economic outlook, the Labour lead slimmed to mid-single digits and still no coherent policy other than 'we'll copy the Tories plans but be really miffed about the unfairness of it all' there are better odds on Len still leading Unite after the election than of Ed leading the Labour party. This looks less like a Clause Four moment and more like a c(l)ause fo(u)r alarm (sorry, best I could do)...

Sunday, 2 December 2012

Full Court Press

So what do we all think of the Leveson report? Or perhaps more importantly, what do we think about what the important people and politicians of various colours are saying about the Leveson report? That's the key point really, seeing as not many of us will have read the 2,000 page dossier.

I did however, watch Hugh Grant's disarmingly charming performance in his new rom com on Channel 4 - "Taking on the Tabloids". I thought the initial storyline was good - principled, slightly rough around the edges but good looking nonetheless, foppish bloke in underdog struggle against big corporation. Unfortunately the love interest curiously never made it into the frame. I assumed she would work for said corporation; they'd initially hate each other but realise love is more important than their political differences and live happily ever after. Like the Coalition. But that didn't happen. He just talked about the press for ages. Some good stuff though.

Hugh and I agree that there's a difference between "in the public interest" and "of interest to the public", thought I don't know if he signs up to my idea that if you effectively make a contract with the press and those who read it that you make your money by their interest in your life (the Kerry Katonas of this world, for example), you have given up some of your rights to privacy. A Venn Diagram here would be most helpful, but I can't be arsed to draw one.

Before you get too tetchy, the long and the short of it is that if you are Jane Q. Taxpayer, the Sun or whoever has no right to publish photos of you topless on a beach on holiday. Yes it is a public place, but by living a non-public life you have a right to things that you put in the relative public space not being broadcast to the world. If you make money as a pop star or somesuch, and you are on the same beach, I reckon it's fair play for the Paps to snap you pups. This is because you put yourself in an overtly public place having got everyone interested in you.

It doesn't stretch to anyone naked anywhere (like for example the poor old Duchess of Cambridge) - if telescopic lenses etc are required to see you, you have gone to enough trouble to remove yourself from the public eye. That has to be then respected as private. And it's not just nudity, but details about your lives etc too. Private is private for everyone, but what is fair game from what is public is down to your 'contract type' and behaviour. It's a shades of grey argument (no, not that like that) which I covered in far more detail here.

So what do I think about press regulation? I'm not a fan. I would also point to the fact that most of the things we think are terrible that the press did were illegal already. Hacking phones is illegal. You don't need new statutes. Use the existing ones. The privacy law idea is always going to be hard to delineate. My 'common sense' approach might make sense (or not) but I imagine it would be hard to enshrine in law.

The press does some pretty despicable things, and there certainly appear to have been very few heads to have rolled, and often not the right ones. I would love to see a better watchdog rather than editors sitting in judgement of themselves. Putting the cat in charge of the cream rarely ends well - just look at the ongoing farce with MP's and IPSA as they continue to stick their snouts in the trough until they are found out (at which point they will apologise for our error in interpretation of their honest mistake and add some transparency that might not have been there before).

But I do not think statutory press regulation is right. Hague makes a very good point that it would do us no favours when trying to take the moral high ground overseas. You could go on forever with examples of when some aberration allowed Parliament to legislate at the thin end of the wedge with only the best of intentions but over time we wandered slowly to the thick end. Income tax started as a one-off levy to pay for the Napoleonic Wars - we all enjoy beating the French but this is taking it a little far (a childish example but you get my drift). Press regulation, as they say, is like pregnancy, and you can't be a little bit pregnant.

But what I really wanted to talk about, partly because I don't have an answer to the press problem; just a gut feeling that statutory regulation is wrong, will be a slippery slope, will have myriad unforseen negative ramifications and is in most cases unnecessary due to existing law, is who is talking about it.

I thought it was brilliant that Ed Milliwho has recently become clairvoyant. He didn't even need to read Leveson's report before he knew, he just knew, that everything in it would be just perfect. Nope, Ed wasted no time working out that Leveson would most likely suggest some form of statutory regulation that would be as unpalatable to the Tories as it would be impractical to apply. So he committed the Labour party (traditional defenders of liberty and freedom, no?) to supporting everything Leveson said and promise to enact any and all recommendations made. Why? Two reasons:

1. He doesn't have to make those decisions as he is not in power so he can make grandiose statements of intent safe in the knowledge they will simply remain just as that (traditional Lib Dem think).

2. It will make for discomfort for Big Dave.

Yup, the bit about Leveson I'm happy to say I have a view on is the behaviour of Red Ed, his party and many Lib Dems. No debate on what is a crucial political topic that could define an entire era, no sensible discourse in Parliament over potentially eradicating 300 years of press freedom. Nope, just political positioning for short term points scoring. One can only hope the British public are intelligent enough to see this and they are punished at the polls. My magic 8 ball suggests the outlook for that is gloomy.

Ed is also one of those who throws all his weight behind people like the McCanns, Christopher Jefferies, Hugh Grant - those who have suffered at the hands of the press. And they have. I should put that front and centre. I have the utmost sympathy for this category of people. I lamented in these pages the court of public opinion's riding roughshod over due process when Christopher Jefferies was essentially convicted of Jo Yeates' murder by the press before he was found totally innocent. But their very intimate involvement with press regulation, or lack of it, if anything makes them totally the wrong people to have at the forefront of statutory legislation.

We put people on trial before an unbiased jury of their peers and subject to the sentencing of a qualified, independent judge for a reason. We don't let the plaintiff adjudicate guilt nor set the tariff. We don't do an eye for an eye. This is not to say that people touched by something are not ever able to be impartial, but it certainly means they are unlikely to be.

People who's loved ones die from a particular disease will often fundraise solely for the charity representing the fight against it; it's human nature. I give more to fighting Alzheimer's and cancer because they are the ones closest to my heart. It doesn't mean that I'm a bad person, or that fighting cerebral palsey is not a noble cause. It just means I probably shouldn't be put in charge of the budget for  disease research for the whole UK: I'm likely to be biased.

People clearly have views - that's fine. MPs might feel one way or another about different diseases or nuclear deterrents or whatever. So might judges. They are expected to put aside their subjective views and examine everything objectively, from the point of view of their constituents and the country. If we think they are sucking at this, we vote them out. Pretty simple.

But the fact remains that those most affected by an issue will in general find it hardest to be objective about it. Which means they shouldn't be the people influencing law. So I say no to Sarah's Law, Megan's Law, Madeleine's Law or any others. Not what is in them - they have fine intent and may be perfectly good pieces of legislation (I am not an authority), but I think composing their content is better left to those professionally obliged to be impartial and experienced in the process of law-making. Is that crazy? I think not. If you would like all of that summarised in a much funnier 1 minute and 42 seconds - listen to Mitchell and Webb's view on it here. I suppose I should have just put that bit at the top and be done with it...

Monday, 23 July 2012

A Timely Ketchup on Recent Events

So it has been rather a while since I put pen to paper. I suppose it is not really that I could find nothing interesting to blog about in the political nanosphere, it is that too much of it falls into the category of 'same shit, different day' and it tires me to drag out a new example of the same argument I (and many others) have already made. I now realise that the hard thing about journalism isn't making current affairs interesting to the public, it is making them seem different to the current affairs you've been spewing out forever.

I could write about banker bashing, but we've been there before. Bottom line we need a thorough look at the regulatory system because it allows far too much shenanigans, but we must realise that the sector as a whole is one of the few areas of world politics and commerce (as if they were that different) where we are still at the top table. Indiscriminately attacking everyone and everything in the sector will only hurt us, especially with the British public's new-found hatred of money and anyone who has it or produces it.

Which I suppose brings me nicely onto the subject of the court of public opinion and its apparent role in people accepting bonuses. I think Stephen Hester (way back) and Bob Diamond (more recently) should have told the Government and the British people to go take a long walk off a short cliff. Their pay packets are none of our business. They are also none of the shareholders' business once they've had their say in agreeing remuneration packets. Ultimately, if Boards fail to include penalty clauses like "If you mismanage the bank so wildly the Government will have to rescue us by buying 80% of our shares, which incidentally will plummet to a tiny fraction of their original worth" then more fool them. Clearly Big Steve came in after the RBS crash and didn't preside over it, but you get the idea.

If they fail to add the clause "If you preside over an illegal rate-fixing PR disaster that you might not technically be incriminated in, but is sufficiently bad for you and for the company that you resign following a huge share price drop", then the CEO is perfectly entitled to walk away with whatever gains he/she can, ill-gotten or otherwise. This is because…wait for it... THEY HAVE A FUCKING CONTRACT. I wrote that in caps so nobody missed the point. The answer to the issue of massive payoffs for failure is not guilting people in the court of public opinion into waiving bonuses or pay to which they are legally entitled. It is getting people to write contracts properly so if the nuclear power plant blows up, the Board can contractually remove the bonus from the outgoing chief exec of Chernobyl.

But I'm not going to go on about that again.

Nor am I going to bang on about Trades Unions striking at the time most likely to screw everyone over despite their already comfortable pay arrangements and constant underperformance. Today, I would clearly be talking about the Public and Commercial Services Union, to whom the UK Border Farce belong. Obviously you know what I think of them, and what I think should happen to them. Not quite Clarkson style execution in front of family members, but not far off. They have no leg to stand on. They are a joke. And they're trying to ruin the Olympics. But I'm not going to bang on about that.

Nor am I going to make yet another comparison between that dark side of the public sector who blackmail the country into paying them bonuses just to go to work, or not even to go to work over the Olympics (as they are contractually obliged to), and the military, who are yet again filling the gap, not just without extra pay, but in many cases, instead of holiday. That would be going over ground we already well know. So I won't bother.

I could express my dismay at the continuation of our farcical judicial system that places the rights of immigrant terrorists and criminals ahead of British, law-abiding taxpayers, with their deference to the most ill thought out piece of legislation ever, the ECHR, but we've been there before.

I could bang on about the Lib Dems with a massive 8% hold on the UK's votes demanding what are, considering the current climate, irrelevant (and poorly thought out) bits of legislation be pushed through, or else they will bring the whole house down as if they were equal partners. Big Dave knows the Lib Dems can't afford to split because from now until 2015 is the last influence on power they are likely to have for a generation, because nobody will ever vote for them now they've had to deal with the realities of actually being in Government. Problem is, Cleggo knows that the 10 point deficit the Tories lag behind Labour also means a snap election would be bad news for them too. They need the next couple of mini-giveaway budgets and they need their European luck to turn.

Who really deeply cares about Lords reform, or realistically when there is only a limited amount of political capital around, about gay marriage? They are both on a list of things that we'd like to do after we stop the world falling apart. This doesn't mean we are evil Lord-loving, gay-hating Tories, it means we understand priorities. As ever, pollsters will be able to tell you that x and y % of the population are on either side of both arguments. What they fail to point out is that neither topic would make the 'top 10 issues that will influence the way you vote' index for more than a handful of people. But we've done that one to death too.

There are a few more things I cannot bring to mind right now, but which I have got very close to writing about before realising I would simply be nudging you, the solitary reader, to a hyperlink to some crap I wrote last year (which I've helpfully done with the hyperlinks above, in case you're really bored). So I'm going to write about a point of minimal political significance but one which has roused me into action after over 2 months off. Yup, it's time to go to town on condiments as you may have guessed from my genuinely brilliant title…

My quarrel is not actually with condiments, but with when I am in restaurants the timing of their appearance on my table of late in comparison to that of my food. Ditto cutlery. It is totally beyond me why when someone takes an order of fish and chips, they wait until they have put the plate in front of you, hot, steamy and asking to be devoured, before asking if you'd like any of the normal accompaniments or even some fighting irons with which to eat. Amazing.

These are people who earn much of their annual wage from tips. And they don't have the foresight to put knives and forks out, or preposition a likely array of condiments before bringing the food out, piping hot. I can imagine how a competent server might deal with this…

Server: "Chef, how long for table 2's fish and chips?"
Chef: "About 5 minutes"
Server: "Right, I may as well bring them their ketchup, vinegar and cutlery now so I stand an outside chance of a tip."

Alas, they instead deliver your food and ask if you would like ketchup with your chips as if they had asked if you would like a toasted sandwich comprising a walnut whip and a paperback copy of the Homer's Iliad. Dumbstruck at your adherence to nutritional form, they wander slowly back to the kitchen to return with some of your requests just after your food has gone cold.

The blame is owned jointly between the serving staff and the manager. And our current educational standards. Oh, looks like we've been here before too..