…is not that they try to make us think as they do, but that they try to make us do as they think - HL Mencken

Hey look, lads, Claire Curtis-Thomas is back again with her top-shelf campaign, this time using the Graun’s right to reply facility to try and pitch her legislative wares.

Shall we see what she’s got to say this time?

I want you to buy a copy of the Daily Sport, Zoo and Escort, and then find yourself a comfortable and discreet seat and have a good look at them: try and work out why it is that only Escort finds itself on the top shelf, yet the Daily Sport and Zoo are legally and freely available to minors.

Well, Claire, I am guessing here but I think it may just have something to do with the copious amounts of minge on display in Escort. I’m tad hazy on this, admittedly, but I’m still fairly sure that law does tend to draw the line at split-beaver shots, in fact even a hint of pubes, Brazillian-waxed or otherwise, tends to be enough to push magazines over the top into the realms of pornography.

The bill that I presented in the House of Commons this month concerning the appropriate regulation of sexually explicit material was described by Zoe Williams as "specious", "utterly daft", and "a bid for attention over a superficially controversial but ultimately minor issue" (Tactics of the Top Shelf, June 28). This type of reaction is not the exclusive preserve of Williams, but is normally expressed by individuals who either haven’t been able to find the time to read the materials I am concerned about, or who are locked into an age-old "page three" argument. But the debate, like the material, has moved on.

The material certainly has moved on - Escort is actually pretty tame by today’s newsagent’s top-shelf standards, but then oddly enough I would have thought that the kind of people who are mostly likely to consider your arguments to be specious and superficial would tend to be the one’s who do buy things like the Sport, Zoo and - dare I say it - Escort, not those who really haven’t got the first fucking clue what you’re wittering on aboout.

For those of you who cannot bring yourself to buy these publications, let me inform you of the item that came across my desk which precipitated my interest in sexually explicit material.

Brad Pitt in Playgirl?

Actually you must be what? Mid-forties at least, and you’ve been an MP since 1997 - not that  any of us have actually noticed - and you’ve only just developed an interest is sexually explicit material?

Yeah, right - we believe you…

Actually, Claire, you have piqued my curiousity rather, in the sense of wondering why bring this up and why now - you’ve had more than nine years to bring this up after all…

…which is why I thought I’d take a bit of a look at the Boundary Commission’s proposals for changes to constituencies in Merseyside before the next elections…

…and fuck me if your seat (Crosby) isn’t the one that disappearing - now there is a surprise…

An advertisement in the Daily Sport on May 4 2006 described a porn DVD as follows: "A group of very beautiful girls are taken to a wine bar and a gym where they are subjected to a severe major gang bang. Deep cock sucking, fucking in the pussy & ass plus extreme dp’s. If this isn’t enough the dirty little chics [sic] are pushed and forced into drinking very huge amounts of piping hot cum …. Mmmm!"

Really? Whatever floats your boat, Claire.

Having read this, is anybody going to defend the right of publishers and newsagents to display this material where children have easy and legal access to it? In addition to this type of narrative the Daily Sport carries thousands of photographic adverts for escorts, hardcore porn DVDs, and live internet sex shows daily. Similar material can be found in most ladmags.

So it’s not actually the content of the magazines you’re concerned about as the adverts they carry, in which case shouldn’t you be complaining to the Advertising Standards Authority?

My bill is not about censorship. I simply believe that material like the Daily Sport and other equally sexually explicit publications should be placed on the top shelf and only sold to adults.

Yrs, Claire, of course it is, that’s why you had this to say when the Indy gave you a slcie of op-ed to play with…

Women in these publications are shown only as cheap, contemptible sexual commodities, fit to be subjected to a range of exploitative, violent and degrading activities.

That’s not really a line of argument that has much to do with kids, is it? But do go on…

The newspaper and magazine industry has been invited to regulate itself to ensure that this type of material is out of children’s reach, but the industry has clearly failed to do this and continues to put profit before child welfare.

This is article 5.2 of the ASA’s CAP code on non-broadcast advertising…

5.1 Marketing communications should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability. Compliance with the Code will be judged on the context, medium, audience, product and prevailing standards of decency.

If you’re that bothered by the ads for porn DVDs in the Sport, then you have the same right as everyone else to lodge a complaint with the ASA.

As things stand, a search of the ASA’s website turns up precisely zero complaints about advertising in the Daily Sport, one complaint about an ad in FHM (not upheld) which complained about alleged drug references in advert for Rizla, and Zoo magazine got busted for TV advert which featured bikini models on space hoppers - not exactly subtle but onyl enough to cause the ASA to rule that it couldn’t be shown before 7:30 in the evening… not exactly a ‘top-shelf’ time.

It seems very much that the reaction of the public to the kind advertising in the Sport et al is pretty much, who cares?

As a nation we have rightly become concerned about child safety and have put in place measures which keep our children away from harm. Control of the media has been inextricably linked with this campaign: the 9pm TV watershed was introduced; films are classified by age; DVDs carry specific warnings; the internet can be managed through parental controls and is monitored by police. These measures are designed to ensure that children are not exposed to unsuitable material which may harm their emotional or physical development. The time has come to extend these measures to the written word and to age-classify publications accordingly.

You mean that as a nation we’ve become paranoid about child safety, the watershed applies only to television, films have been classified since 1912, the warnings on DVD are just plain patronising - you really think U certificate kid’s films need to carry warnings about ‘mild peril’ and ‘mild slapstick’ - parents are responsible for keeping an eye on what their kids are up to on the internet, not the government, and the police are only interested in kiddie porn and grooming.

Still don’t see an actual argument, here, Claire…

Oh, and another thing, when you say that..

The time has come to extend these measures to the written word and to age-classify publications accordingly.

How far does that go? Should Waterstones start putting bouncers on the entrance to their erotic fiction section to keep the kids out? Should we be moving Lady Chatterley’s Lover to the top shelf, perhaps, and have age classification of all literature?

Or should politicians like yourself just butt out, shut the fuck up and make a real effort to accept that while there are plenty of kids out here in the real world, there are even more adults - so many, in fact, that we don’t need political non-entities like you coming over all Mary-fucking-Poppins because the Sport tries to flog a few of its owners porn DVDs.

Maybe you shoudl get out a bit more often and talk to real people - you know us proles - because then you’d find that out here in the real world we do have braincells, and moral values, and strangely enough, we also manage to bring out our kids without your fucking assistance.

In arguing for the status quo, Williams has collaborated with, and sought to justify, an industry which profits from peddling obscene material to children. I fundamentally disagree with her.

Oh, and you haven’t yet provided a shred of evidence to show that kids are buying either the Daily Sport or Lads Mags or, if they are, what age groups are involved - you do realise that the vast majority of 13 and 14 year olds have a basic vocabulary (when their parent’s aren’t around) that’s pretty much identical to that you’d find if you encountered a bunch of pissed-up squaddies on a stag night?

All of which means you have no real factual basis for your claim that they’re peddling obscene material to children.

If and when the Sport starts giving away Dora the Explorer DVDs or FHM starts doing cover shoots with Angelina Ballerina, then you’ve got a point but as things stand you arguments come down to nothing more than speculation.

You know, Claire, you are right when you say things are very different now than they were when Clare Short tried to get a ban on Page Three - she was at least honest about her motives, a quality that seems rather lacking in your campaign.

The last word in this piece goes, deservedly, to HL Mencken…

I am not only wrong, it appears, I am also immoral - the familiar step in Puritan logic.

3 Comments »

The traditional election night could come to an end because of new voting laws, the elections minister has said.

The new laws mean election officials have to check signatures and dates of birth of postal voters - something they say cannot be done in one night.

Democracy Minister Bridget Prentice said there were good arguments for delaying the counts until the next day.

There was "ongoing discussion" about the idea but candidates also had strong reasons for wanting results quickly.

No.

Sorry, Bridget but that’s a bad idea.

Election night is part and parcel of the democratic process, one of primary means by which democracy is seen to be done by the electorate. Delaying counts until the following day and putting on the ‘election special’ on Friday afternoons, when everyone’s at work will only serve to make our democracy that little bit less visible to the electorate and feel that little bit less open, transparent and relevant.

Look Bridget, it works like this - you are member of the government, so when election officials come out with crap like this:

Malcolm Dumper, executive director of the Association of Electoral Administrators, says it will take an "inordinate amount of time" to check the signatures and dates of birth in many constituencies.

While some postal votes can be counted ahead of polling day, some people just hand in their postal ballots at traditional polling stations.

Mr Dumper says the new checks meant the prospects of a Thursday night election countdown will go "out of the window".

In Southampton, there were more than 30,000 votes - and in other areas there were many more, he said.

Your basic response should go something along the lines of, "quit whining and do your fucking job"

This whole business about "some postal votes can be counted ahead of polling day, some people just hand in their postal ballots at traditional polling stations" is complete bullshit - if someone can get their arse down to the polling station on the day to hand in their postal ballot then the lazy bastards can fucking well stand in line and vote the same way as everyone else.

Postal ballots should be reserved for people who, for whatever reason, cannot get to the polling station on the day not for those who can’t be arsed to hang around for a few minutes to get their vote recorded in the normal
manner.

Look, this is not fucking difficult to sort out - I’ll spell it out for you…

Step one - Give yourself enough time to do the job properly, which means imposing a statutory minimum period between officially calling the election and  polling day - six weeks should be more than sufficient.

Step two - Close the electoral roll and applications for postal ballots four weeks before polling day - if someone can’t be arsed to register to vote or ask for a postal vote by then, then why should we hang around for them. It’s not as if they won’t notice an election has been called, as the MSM will be talking about nothing else.

The only exception to this rule is where a postal ballot is required after that date due to unavoidable extenuating circumstances, things like hospitalisation, etc.

Step three - All postal ballots should be issued not later than two weeks before polling day, to be returned for checking not later than three days before polling day. If you can’t get your postal vote back by then, then tough shit, get down the polling station on the day itself - and two weeks is more than sufficient time to allow for the issuing for postal ballots.

Step four - Postal ballots should then be checked on the day before (and on polling day, itself) during the day. Each candidate should be allowed one observer to ensure nothing untoward takes place, and have the right to scrutinised and challenge any suspicious/rejected ballot papers - before they go on to the count.

Step five - Once postal votes have been checked, they are stored in sealed ballot boxes until the count, and counted with the rest of the ballot papers as normal.

Easy.

Look, this is not difficult, in fact it’s pretty elementary project management - you have a deadline and a series of tasks that need to be completed in a particular order each of which needs a particular amount of time. so you start with the deadline and work backwards, arranging your tasks in order, at the end of which you can fucking well tell in an instant when you need to start in order to meet the deadline.

And please, do give me any of this crap about the European elections and how the count in those is delayed until sunday to fit in with everyone else - last time out the turnout was 37.6%, which shows just how much people give a shit about those elections.

And as for this…

"I know there is a group amongst the [election] administrators who would be keen for us to move all counting to the Friday," said Mrs Prentice.

"They have put up good arguments about people being fresh and having done a 15, 16-hour day at polling stations and so on.

I take it that no one amongst the election administrators have ever heard of fucking shift-work…

1 Comment »

Episode # - shit I’ve lost count - in the new reality show that’s sweeping the nation, the commentariat -vs- bloggerati, and it’s time for the Indy’s Yasmin Alibhai-Brown to wade into the fray on the side of the pro’s…

Yasmin Alibhai-Brown: Hounded by assaults from cyberspace

Where do blog writers find the time? Do they never go to the theatre, read books, make love?

Since the train bombings in Mumbai, the Indian government has barred access to designated blogs, apparently in order to prevent intercommunal eruptions. Blogging aficionados are most upset by this restrictive intervention, which they claim is an infringement of their rights. One condemns the action as "fundamentally wrong and morally reprehensible". Is it really?

Democrats have to be watchful of government censorship, but after Rwanda, when broadcasters incited Hutus to massacre Tutsis, even the most fundamentalist libertarian surely must understand the need for restraint during exceptional times or when crimes are involved. The internet has already become a coffee shop for paedophiles and violent fantasists. Most of us don’t think this freedom is a wonderful liberation, not even if it remains in the realms of ideas and unfulfilled hideous desires. Most free countries already have sensible (and minimal) laws to curtail rabid expression. The internet - which opens up the skies of knowledge and exchange - is harder to monitor and even harder to constrain. Attempts to discuss the chaotic fallout are foiled or silenced.

I’d usually offer up a link, but like the rest of her colleagues at the Indy she’s safely tucked away behind the Indy’s pay-per-view firewall where us nasty wickle bloggers can’t get to her…

…and has any one else noticed how, with the exception of Nick Robinson’s recent bout of tetchyness over the Prescott story, it’s mostly the female commentarati that’s doing most of the whinging about bloggers?

I’ll get back to that observation in a while, but first we really ought to see what Yasmin’s whining about…

… which, sorry, doesn’t really amount to much.

Moan number one, as you’ll see from the intro, is about Indian bloggers getting pissed-off about ISP’s rolling over in the face of demands from the Indian government that the block access to a few somewhat inflammatory blogs in the aftermath of the Mumbai train bombings…

…except Yasmin rather missed the whole point of this story, which wasn’t just about a small number of [allegedly] extremist bloggers getting officially unpersoned but about the screw up by ISPs, who were falling over themselves to do their govenment’s bidding, in which access was blocked not just to a few individual blogs but entire domains, including Blogger and Typepad, temporarily blocking access to thousands, if not millions, of otherwise inoffensive blogs.

Still, never being one to let the facts get in the way of a good old moan, especially when one can throw in a few damning irrelevancies along the way…

The internet has already become a coffee shop for paedophiles and violent fantasists. Most of us don’t think this freedom is a wonderful liberation, not even if it remains in the realms of ideas and unfulfilled hideous desires. Most free countries already have sensible (and minimal) laws to curtail rabid expression. The internet - which opens up the skies of knowledge and exchange - is harder to monitor and even harder to constrain. Attempts to discuss the chaotic fallout are foiled or silenced.

You’ll notice, already, that one of the classic fallbacks of the professional commentator has already brought into play; the sweeping generalisation - Most of us don’t think this freedom is a wonderful liberation, not even if it remains in the realms of ideas and unfulfilled hideous desires. Quite how Yasmin knows the thoughts of ‘most’ people is not made clear, but not to worry, this is an opinion piece and one should never allow trivial matters like an absence of facts and supporting evidence to get in the way of a ‘good’ opinion, should one.

And as for this - The internet - which opens up the skies of knowledge and exchange - is harder to monitor and even harder to constrain. Attempts to discuss the chaotic fallout are foiled or silenced. - one has to wonder quite how it is that one could silences efforts to discuss the ‘chaotic fallout’ of a largely unconstrained medium when that medium is… well… largely unconstrained. Even without the benefit of a personal online ‘history’ stretching back to the days when Usenet was king, one should be able to see the inherent contradictions in suggesting that discussion of any topic could be prevented, let alone when that topic is censorship, a subject of constant debate amongst internet users since its very earliest days.

Moving rapidly on past a few grudging panegyrics to past glories - the online scalping of Trett Lott and the oh-so-brave bloggers of Iran and China, we finally get back to the whinging…

But with 35 million bloggers worldwide, there is also a glut of pathetic drivel and idiocy. And increasingly, anonymous blackmail and intimidation is appearing. Individuals and groups are vulnerable, even if they can create a counter-blog and play the un-winnable game.

Yes, the commentarati have finally noticed the existence of anonymous internet trolls, and being professionals, this is a completely new phenomenon that couldn’t possibly have existed until they deigned to grace us all with their online presence- it has to be otherwise they’d have noticed it before now, wouldn’t they…

…and Yasmin hasn’t finished there as she goes one to say…

Sometimes I wish we could turn off this global mayhem. In the last 10 days, I have found myself plunged into blogland, an even more perplexing warren than Alice’s wonderland.

Yes, there’s finally a point coming…

A week ago on Sunday my phone came alive for hours. A foxy blogger had claimed I was being interviewed by the police over the cash-for-questions investigation.

Cash-for-questions? Surely you mean loans-for-peerages, that or you’re having an acid-flashback to 1994.

Oh dear, naughty old Guido strikes again - that’ll mean another round of door-widening in the Fawkes household…

Yep, t’was Guido what did it, by posting this on his site…

Yasmin Albhai-Brown Talks to the Yard

 

Some say she has committed many serious crimes against reason, but the police actually wanted to speak to her about the evidence she withheld when she was in front of the Select Committee on Public Administration.

According to Guido, what Yates of the Yard wanted to talk to Yasmin about was the following section of here testimony to the Public Administration Committee.

Q356 Kevin Brennan: But you have got a big bee in your bonnet and what I am saying to you is that that is fair enough, but are you saying that things are worse in this country than they are in comparable western democracies? I am not trying to make a comparison with a country that might be run by a dictatorship.

Ms Alibhai-Brown: Why does that matter? We can do better. We should do better. We are in the 21st century. It does not matter if Italian politicians are more corrupt than ours in a different way from ours. I think the level of unwholesome influence is greater than perhaps people realise and it is not just money. There are, for example, votes. If you go to certain localities in our country where there is supposed to be a proper democracy where people make individual choices about where they want to vote, henchmen deliver votes en masse and often they find themselves honoured or given all sorts of very privileged positions.

Q357 Kevin Brennan: Could you give me an example of that?

Ms Alibhai-Brown: In the last election I went to all of our northern towns during the whole ten days of the election and followed the candidates. It was a very interesting experience because of the kinds of deals that were being done, and because I speak a number of Asian languages they could talk to me in those languages while they were saying something else publicly. All the public meetings were entirely male. Deals were being done as you watched, that "We will deliver all these votes to this particular party". I asked some of the women whose homes I went into, "Who do you want to vote for? Who would you like to vote for in this?" "Oh, it is not up to us". It is up to not the husband but, if you like, the henchmen who are constantly being named. Some of those henchmen have done very important deals one way or another. I think it should disturb us that we are not as good as we could be.

Q358 Kevin Brennan: But could you give us the name of a henchman who has received an honour after corruptly delivering votes to the Asian community?

Ms Alibhai-Brown: I cannot do that but you can look at some of the people who have done well since the election. I cannot do that, obviously: put a name down. There is confidentiality.

Q359 Kevin Brennan: Why not?

Ms Alibhai-Brown: No, but it seems very clear to me that lots of politicians—and they know who they are—in certain localities are privileging—

Q360 Kevin Brennan: Do you not think you do have a responsibility if you make a serious accusation of that kind?

Ms Alibhai-Brown: It is what I observed. I observed it; I interviewed people.

Q361 Kevin Brennan: It is a serious matter, possibly criminal.

Ms Alibhai-Brown: I have written what I have observed in my columns many times.

Q362 Kevin Brennan: But you will not say who is responsible?

Ms Alibhai-Brown: I cannot do that in an open meeting, but it is very clear to me. It is not just money. We like to think of ourselves as not as bad as A, B, C, D, but I think we should be very careful.

Q363 Kevin Brennan: You have parliamentary privilege while you are here. It is a good opportunity.

Ms Alibhai-Brown: No, I cannot. But as an example and without prejudice, I would like to know, what was the reason for Lord Patel getting his position.

Now on this occasion it seems that Guido was a bit wide of the mark but then, reading the testimony, one has to think that the more interest question is here is not whether she was interviewed in connection with the current loans-for-peerages investigation but quite why Mr Plod hasn’t taken more of an interest is her comments in light of the several documented cases of a electoral fraud in and around Asian communities in recent years, which is what she is actually referring to here, especially as there are those, like myself, who tend to be inclined to consider the possibility of honours begin doled out as rewards for gerrymandering to be just a tad more serious than simply buying your way into a day out at Buck House.

But never mind all that, Yasmin has rather more than a few phone calls from nosey journos on her mind…

Then on two live radio broadcasts, I found myself arguing with fanatic [sic] Islamicists. One barked: "You cannot talk about this, you are a Bahai, a secret Bahai, we all know you are not a reel (I spell his pronunciation) Muslim."

Bloggers apparently have put this misconception about.

Okay, first thing’s first - Yasmin isn’t a Baha’i,  in fact she doesn’t appear to be able to spell it properly (unless that’s a sub-editor’s error). However, you’ll note she says that bloggers apparently have put this misconception about - in other words having had a moan at Guido for not checking his facts, she hasn’t bothered to check herself whether bloggers have really ‘fingered’ her as a secret Baha’i, she merely repeats a rumour that she’s heard…

…which rather undermines her complaint about Guido’s behaviour as searches on both Google and Technorati for any blog post - or anything at all - linking her to the Baha’i faith turn up a big fat zero.

Good morning, Mr Kettle. Hello there, Mr Pot.

From here on in Planet Yasmin gets even more bizarre…

Other Muslim bloggers are trying to discredit a story I wrote about a woman in a burkha who followed me home. She was covered up to to hide the most appalling attacks on her by her father and two brothers.

The story she’s referring to here was published in the Evening Standard and on her website here

…and while I’ve no reason to doubt the veracity of the story in this article, which is sadly all too plausible, what I have been able to look into is the assertion that Muslim bloggers are trying to discredit this story.

And guess what?

Yet again, neither Google nor Technorati have turned up a single blog or even forum article referencing this particular piece either by searching for the URL of the article or by a combination of her name and the words ‘burka’ and ‘niqab’ used in the article, other than for a few fawning ‘Yasmin, Fuck Yeah!’ comments at Harry’s Place and Dhimmiwatch.

Now that doesn’t prove that Muslim bloggers aren’t trying to discredit Yasmin’s story but if they have been trying to do that then any discussion on the subject certainly hasn’t been conducted in English. On this point I’d have to be honest and say the jury’s still out, but I would be interested to know if anyone’s spotted this story being discussed on any of the Arabic or Asian language blogs, just to satisfy myself on this one way or another.

It’s worth noting that Yasmin’s also in a bit of snit about the reaction to last week’s spectacularly ill-considered piece on Zionism and Anti-Arab racism which, apparently, led to an explosion of abusive blog denunciations.

On reading this, I recalled that Norman Geras had a few things to say on this particular article.

In the Independent on Monday, Yasmin Alibhai-Brown posed the question ‘how the Israelis can do what they do’. Her answer: ‘it is racism’. Money quote (subscription required, but see here):

    [T]he politicians, generals and soldiers on this mission, and their supporters, are consumed with burning revulsion for all their non-Jewish Semite neighbours. Serbian killers who turned on Muslims in Bosnia were similarly hate-filled, as were the Hutus who massacred Tutsis in Rwanda, and the murderous Muslims who want to destroy every Jew on the planet. In 1935, Goebbels said: "Many intellectuals are trying to help the Jews with the ancient phrase, ‘The Jew is also a man.’ Yes, he is a man, but what sort of man? The flea is also an animal." Today, Semites treat the Arab brother as the flea, or the "other".

You see, not merely ‘burning revulsion’, not even merely racism - but genocidal racism as in Rwanda and Nazi Germany. Alibhai-Brown tries to reinforce herself somewhat by linking her own view to the words, first, of a Jewish mentor and those, second, of a Jewish friend. But that these two were and are Jewish doesn’t render the above paragraph any less poisonous, or any more valid. She gives no serious evidence for what she says there. Of course, Alibhai-Brown isn’t among the brightest of the daughters of the morning. So perhaps one should just laugh it off (I’d rather be an ‘other’ than a flea, etc). But this appears in a major national newspaper, where presumably some editorial control operates. The discourse of Israel as a genocidal state takes another step towards the centre of acceptable left-liberal discourse.

A reponse which, for Norm, i pretty much as irate as he generally gets.

If that’s Norm’s reaction then I think it fair to say that explosion of abusive blog denunciations is likely to be a pretty fair description of the reaction of other less gentile supporters of Israel, so she maybe has a bit of point here…

…except that the kind of reaction that one is likely to get when one starts equating Israel’s treatement of Palestinian Arabs with the Serbs in Bosnia and the Hutu’s in Rwanda is - or certainly should be - a known quantity to most bloggers, just as anyone whose ever spent time on American political forums knows full well that the quickest way to kick of an unholy row is to suggest that the reference to ‘militia’ in the US second amendment (which cofes the right to bear arms) means that Jefferson et al had the National Guard in mind not widespread public gun ownership.

Comments like that are generally referred to as ‘trollbait’ because everyone knows damn well what kind of ruck will kick off as soon as such a comment appears - except Yasmin, seemingly - which is why I’ve got no real sympathy for her complaint on this one.

As the saying goes, if you stick your dick in a hornet’s nest then you’re going to get stung, and right now the whole situation in the Middle East is about as big a hornet’s nest as you’ll find anywhere.

What this shows is one of the more obvious differences between bloggers and the professional commentariatt. The interactive nature of blogging means that you learn very quickly which topics serve as almost guaranteed trollbait (abortion being another big favourite) and adjust accordingly. Bloggers will either steer clear of such contentious subjects or, alternatively, write about them in the full knowledge that they’re in for a fight and will need to mount a robust defence of their views and just get on with things without whining about the reaction they provoke.

That seems to be a lesson that some in the professional commentariat, like Yasmin, are having problems coming to terms with and which, I strongly suspect, has much to do with the current spate of whining about blogs in the MSM.

After another short whinge about blogs and gossip - The truth is out there. Like Hell it is - Yasmin makes a frankly extraordinary statement.

Bloggers disseminate stories that are trusted by millions. Newspapers and broadcasters are vastly less respected, although they are carriers of checked facts and considered opinion. As the public gets mistrustful of politicians and the media - with some justification - the can believe conspiracists, mavericks and feed their inclinations to anxiety and disbelief.

I’m beginning to wonder whether she hasn’t been spending a bit too much time hanging out with Mad Mel, but do go on…

The people who believe the Da Vinci code is the truth, and the fiction a lie the writer was obliged to veil it in, will believe almost anything. They are like scared little old ladies who buy unnecessary security systems from blackguards because they have convinced themselves they can trust nobody.

Yes, there are a lot of dumb people out there who will believe even the most bizarre stories… but what’s that got to do with bloggers?

Soap operas are watched by millions of people, some of whom believe that what they see on the TV is real and act accordingly - rarely does a meaty storyline go by in Corrie or Eastenders without the ‘villain’ of the piece turning up on daytime TV with an ‘amusing’ anecdote about how they were attacked in the supermarket by some confused old dear who can’t tell the difference between real life and TV drama.

Erich Von Daniken’s Chariots of the Gods sold millions of copies, as did Baigent, Leign and Lincoln’s ‘The Holy Blood and the Holy Grail’, on which the Da Vinci code is loosely-based - both have been demonstrably debunked over the years, as has much of the work of Carlos Castaneda, who still remains popular in ‘new age’ circles and don’t even get me started on Whitley Streiber and the whole business of alien abduction.

I mean come on. Tom Cruise is a scientologist, FFS, what more proof does one need that PT Barnum was right on the money when he observed that there’s a sucker born every minute.

There may be bloggers out here who post the kind of crap that fuels the delusions of the terminally stupid, but then there are easily as many spending their time challenging and debunking that same crap - internet users have even evolved their own ‘language’ to describe such scenarios - wingnut, moonbat, fisk, idiotarian and the ever popular tinfoil helmet are all terms that relate directly to a culture of disbelief amongst bloggers which directly challenges the wingnuts, moonbats and idiotarians to back up their tinfoil-helmeted ramblings with facts and logical, rational arguments.

There is a curious sense of inversion about Yasmin’s comments here. I doubt very much that bloggers are genuinely trusted by millions - very few of us get that kind of audience with the exception of the Drudge’s and Kos’s of this world, and few of us would, I suspect, have any real pretensions of being trusted to that extent - Guido may be the one major exception amongst the Brit-crowd. Rather it seems to be the professional commentariat, Yasmin and her contemporiaries, who expect their opinions to be trusted by millions only to be rather taken aback when that doesn’t happen and the great unwashed start answering back.

We’re into the home strech, now, in which Yasmin runs through all the usual stuff…

- Where do bloggers find the time to blog?

All the usual why aren’t they doing x, y and z instead and doesn’t make them look like a bunch of sad bastards who need to get a life crap that invariably turns up when a columnist runs out of arguments with another 250 or so words to fill to keep the editor happy - yes you;ve seen it all before.

- And, of course, that other old chestnut the ‘who’s interested in the views of ordinary people anyway’ which is no more than the usual ‘But I get paid for my opinions’ professional snobbery that we’ve heard before.

And would be that, we it not for the fact that Yasmin’s still a couple of paragraphs short of an article and has time to take a bit of shot at a current ‘celebrity’ blogger - no, not Guido but La Petite Anglaise, who’s currently making the news for being fired for blogging…

A young Englishwoman in Paris has been sacked by her firm for her internet thoughts on life and sex. Yet her readers seem to love this kind of pap: "The Frog won’t marry me [and] owns a baa-ing sheep thong… sadly he doesn’t have time to read this blog too often."

I guess Yasmin’s non-too-keen on ‘pap’ like Bridget Jones’ Diary - the latest installment of which is currently being serialised weekly by…

… the Independent - which also runs a weekly second-tier ‘Sex in the City-of-London’ dating column on Tuesdays, just in case your personal tastes run to a weekly infusion of ’shagging and the single journalist’.

She also appears to think that the most successful bloggers are ex-politicians or very well known public figures afflicted by insufferable vanity, which I would guess is, in part, a bit of veiled shot at Iain Dale who, by complete coincidence, noticed another of the Indy’s commentators, Janet Street-Porter, taking her own shot at bloggers (and presumably getting in some practice for the next series of ‘Grumpy Old Women’) in yesterday’s Independent on Sunday (again from safely behing the PPV firewall)…

But at least Peter Preston doesn’t fall into the trap Janet Street-Porter has tripped into today teeth first.

She devotes her column in the Independent on Sunday to sneering down her ample nose at the whole concept of blogging. She reckons "blogs are for anoraks who couldn’t get published any other way." She desribes the blogosphere as "the verbal diarrhoea of the under-educated and the banal." Hmmm. Well I suppose I must plead guilty to having had a comprehensive school education and got a 2-1 degree from the University of Easy AccessEast Anglia.

What is it with the Street-Porters of this world that they feel they are so intellectually superior to the rest of the population? In twenty years I have never heard her express a view whcih has changed my mind on anything. In fact I can’t recall ever reading anything she’s written which has stimulated me to think further on the subject or find out more. But I can think of several blogs which have done that.

The only think Street-Porter has achieved by her attack on blogs and new media in general is to ingratiate herself with her editor Simon Kelner, who is also doubtful about the relevance of the internet to the future of newspapers. He made a SPEECH this week to a Press Gazette dinner in which he criticised the Guardian for putting stories on its website first, rather than in the printed newspaper. Kelner admits that he may be viewed as a Luddite, but he reckons it would be madness for the Independent to go down that road. He may be right, but his rivals on The Times and Telegraph are pouring money into their online operations in a belated attempt to vcatch up with The Guardian. From what I have seen so far, not a lot has changed.

As I mentioned right at the start of this piece, the curious thing in all this is that muchof the generic and mostly ill-informed whinging about bloggers seems to be emanating from the female of the [commentariat] species - long before JSP and Yasmin decided to get in the on the act both Jackie Ashley and La Toynbee took their own shots at bloggers through Comment is Free, the latter being notable both for shooting herself in the foot by referring to Tim Worstall as a ‘Pendant’:

"Tim Worstall you pendant, what on earth is your life and view of the world? Do you ever see the light of day?"

A comment that Polly has since erased, entirely, from her article - which is altogether considered bad form amongst bloggers who tend to have no problem in openly acknowledging their errors, especially when they come in the form of inadvertant but highly amusing typos - in case you haven’t figured it out, she meant ‘pedant’.

Again there seem to be a bit of curious inversion going on here.

It would certainly be fair to say, I think, that the likes of La Toynbee, Yasmin Alibhai-Brown and other female members of the professional commentariat do tend to attract quite a bit of flak from bloggers, perhaps more so than most male commentators with the odd notable exceptions like Robert Fisk, Noam Chomksy and George Monbiot.

Is this just the innate sexism of a male dominated medium, a thought which you suspect will have crossed the minds of Polly Pot et al at some point?

I’m not so sure. You see while it may be true that professional female commentators do appear to get a bit of rough time all around, that doesn’t really follow through that much onto female bloggers - but for the occasional spat about gender politics -  many of whom, like Rachel North, tend to held in pretty high regard by other bloggers.

I wonder if that says something not about bloggers but about the MSM and the kind of things that they look for in, particularly, female columnists, where it does sometimes seem as though the ability to piss people off is prized rather more highly than the ability to construct a reasoned and logical argument of a kind that makes you think things through.

One of the great shames of the Indy’s PPV firewall, BTW, is that one of the best columnists around at the moment, Dominic Lawson, rarely gets much of a mention on blogs - I can’t say, presonally, that I agree with him most of the time, but I do enjoy reading his material as he does have the knack of puting up arguments that are both concise and logically argued.

It is interesting to note that the female side of the professional commentariat does tend to throw up more than its fair share of professional irritants, not just Polly Pot, Yasmin, JSP and, of course, Mad Mel Phillips, whose febrile rantings are often so far out there that she gets left alone by bloggers - just in case whatever she’s got is catching? - but there’s also Julie Bindel, who seems to make a habit of pissing people off, and on the US side you have Michelle Malkin and Ann Coulter, who are possibly the only women on the planet who make Mad Mel look sane.

Why that should be the case, possibly only the newspaper proprietors know for sure but with all their recent whining about bloggers one can’t help but find oneself thinking that maybe, just maybe, if you were to wander in particularwine bar somewhere in Central London at just the right time and on just the right day of the month - probably a Friday - one might just come across a gathering of female newspaper columnists, including Polly, Yasmin, Julie and Janet, all getting slowly pissed out of their faces while regaling the other punters with a stirring rendition of that old Millwall classic…

…No one likes us. We don’t care…

UPDATE - Over at Bloggerheads, Tim Ireland’s also noticed that the Indy’s in a bit of snit about bloggers…

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I’ve just finished watching tonight’s Panorama, which was a follow-up to a programme earlier this year about continuing care for the elderly.

If you didn’t see it, you can find the link to watch the show online on this page - go on, watch it. In fact if you’re a Labour Party member then you have no excuse not to watch the programme, so go watch it now and I’ll see you in about 45 minutes…

Now you tell me just how the fuck do we, the Labour Party, justify what you’ve just seen?

It’s impossible, isn’t it.

In fact I’ll go a bit further here - if you’re a Labour Party member and can watch that programme without getting angry then you’re you’re in the wrong fucking party!

If you possess even a shred of compassion, then you’ll have started to get angry about 2-3 minutes in and by the time the programme got the story of the woman with dementia who had to pay for her own care after the NHS had kindly ’stabilised’ her condition by amputating her gangrenous leg you’ll have been more than ready to kick the living shit out of whichever bureaucratic tosser came up with that little gem of a decision.

As a party member I really don’t want to dwell on the footage of Blair at the 1997 Party conference announcing that he didn’t want this to a country where older people have to sell their homes to pay for their long term care - I guess that’s one pledge that never made it onto a poxy bit of plastic card so I doubt he loses too much sleep over the knowledge that nine years on that something he’s done absolutely fuck all about.

What I did take note of was the contribution of Ivan Lewis MP (Bury South), who is now the Parliamentary Under Secretary of State for Health, particularly the distinction he drew between health care, which should be free, and means-tested social care, which he appears to think is the kind of care that is provided to enable older people to continue to live independently.

Now, as far as I can see that’s a fair distinction to make - if only that were the actual test being used to decide whether NHS should be footing the bill for long-term care. Sadly, as Ivan may have realised (hopefully), if he watched the programme, that’s patently not the test that’s being used in practice as not a single one of the older people shown the programme could even remotely have been considered capable of living independently.

Well, Ivan - you suggested the test we should have, now get your arse in gear and get it sorted.

Oh, and if anyone’s off to this conference and thinking to tabling a motion - there’s one here that needs putting forward.

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It hasn’t taken long for some the wrinkles in Dr Demento’s grand plan to appease the tabloids… err, I mean rebalance the criminal justice system in favour of better headlines… err, I mean victims, to start emerging

I cannot go one day without having to confirm to a Court, or make a note in my own files, that I have advised a Client that if they plead guilty they will be given credit for their early guilty plea.

Why do the Courts give credit for early guilty pleas? Well, it is to reward a Client for being honest with the Court and to reduce their sentence to take account fo the fact that a timely and costly trial has not taken place.

If Dr. Reid does want to take away the idea of discount for a guilty plea then he is likely to find lawyers advising Clients that they have nothing to lose by pleading not guilty. If the sentence will be the same whether the person is convicted after a trial or pleads guilty then what is the point in pleading guilty? If there is no carrot being dangled to intice a guilty plea defendants are likely to plead not guilty.

Yeah, that’s pretty much what I’d expected.

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So Dr Demento (hat tip to Simon Carr - needs ‘you know what’ juicing) has resurfaced with his 24 point plan to straighten out the criminal justice system, for which the Beeb have helpfully provided a handy little summary/guide.

Yes, all very useful - although I must admit that I’m struggling to make sense lof one or two of his proposals, probably no more so than Dr Demento, but struggling nonetheless.

Take this one, for example…

Rules which mean offenders who are re-sentenced when the government appeals against lenient sentences should see their time in jail cut to take account of the distress of being sentenced again.

You what?

So what we’re saying here is that when Mr Scumbag Rapist gets hauled back in front of a court for re-sentencing because the Daily Mail decided that he wasn’t banged up for long enough the first time around, he’ll be getting a bit of time of for being a tad pissed off at having his sentence increased?

Who’s going to be doing the sentencing here, Chris-fucking-Tarrant?

"Well, Mr Rapist, there’s youe sentence of five years… go on take a good look at it… you could take that and go to prison with it straight away…

…but we don’t want to give you that… let’s take a look at the next sentence…"

Hell, why not go the whole hog on sentencing and make it entertaining. Just get shot of the judges, bring in Noel Edmonds and settle the whole business with a game of ‘Deal or No Deal’.

"In front of you, there are fifteen boxes with sentences ranging from a conditional discharge to life imprisonment… ah, yes, that’ll be the banker, Dr Demento, on the phone… yes… yes… okay, you’re sure about that…

Well, Mr Rapist. The banker thinks you look like a man who might be willing to do a deal, so he’s prepare to make you an offer of seven years… Now it’s your choice but that looks like a reasonable offer to me, so what do you want to do? Is it deal or no deal?"

Then there’s this one…

All prosecutors will have to take a new pledge to protect the interests of victims

What the fuck is that all about? Is this what they have in mind…?

I pledge of allegiance to the victims of the United Kingdom and to the tabloid headlines for which they stand, one sentence under Blair indivisible with ASBOs and summary justice for all.

And also…

Ministers also plan to make violent criminals pay for their victims’ medical treatment

Interesting idea… although I do wonder how the private sector might respond to it…

Err… Hello..? BUPA? Good… Look, I’m interested in arranging insurance cover for medical expenses…

You do…? Well, that is good news…

Accident cover..? Err… that’s not quite what I had in mind, not accidents anyway…

Look, let’s cut to the chase, here. Do you cover muggings, ABH and wounding with intent…?

And then there’s also…

Ministers are to consult on how to ensure people who the courts agree are guilty cannot go free because of irregularities in procedure.

That should be the shortest consultation in history then…

Minister: How can we ensure people who the courts agree are guilty cannot go free because of irregularities in procedure

Public: Try doing your fucking job properly in the first place, you half-baked twat!

There, that was easy…

Meanwhile, sneaking out of the backdoor of the Twatcave, the BBC also noticed this

Extended use of on-the-spot fines and faster magistrates courts are expected to be announced by the Lord Chancellor, Lord Falconer.

Now Dr Demento’s had his say, its time for his crime fighting buddy, the Minister for Shite, to get in on the act with…

Friday’s plans are expected to build on existing pilot schemes in four areas where courts have been trying out procedures designed to speed up justice by removing delays and dealing with most trials within a few weeks of first hearing.

Other moves could include allowing police officers to issue instant anti-social behaviour orders.

Crown Prosecution Service prosecutors based in police stations could hand out fines and conditional cautions, while thousands of driving and TV licence offences could be dealt with outside the courts, freeing them up for more serious matters.

Instant ASBOs? Prosecutors handing out sentences? This is Alice In Wonderland stuff isn’t it? Would any MP care to ask the Minister for Shite just exactly when the Queen of Hearts became one of his special policy advisors?

BTW, folks - try googling for Minister for Shite - go on, I dare you…

All in all, I think we can safely sum up the government’s criminal justice policy in one single sentence…

“Justice is incidental to law and order.”

Oh.. should mention… it was J Edgar Hoover who first said that… not that I want you to worry or anything…

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Just noticed a hit on my logs from a webmail account belonging to casino operator ‘Sun International’ - that’ll be the Prescott stuff then,,,

If you are looking in guys - hi! Justthought I’d point out that everything where your name crops up is a matter of public record…

See ya - and enjoy the site…

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I haven’t done a full-on fisk for a few days, and with everything going on in the Middle East at the moment I really haven’t got the stomach to look in on the fifth horsewoman of the tabloid apocalpyse, Mad Mel Phillips, to see whatever it is that she’s shrilling on about at the moment; so I was quite pleased to come across this eminently fiskable piece of intellectual flotsam from a charity called the ‘Christian Institute‘, not least because charity law and the current Charities Bill is a bit of speciality of mine.

*There some more interesting information on the Christian Insitute and a little pat its having with the Gay Police Association over at MediaWatchWatch, at the moment - well worth a visit.

The background to my interest in all this is simply that one of the more creditable innovations in charity law that the Charities Bill is due to bring in is the extension of the ‘public benefit’ test to all charities and not just those registered under the previous catch-all category in which they claim to be ‘of general benefit’ to the community.

What this actually means is that where, previously, charities registered under the other three traditional ‘heads’ of charity - relief of poverty and sickness, advancement of education and advancement of religion, were simply assumed, in law, to benefit the public merely by their very existence, in future all registered charities will have to show that they really do operate for the public benefit - and not just new registrations either, as the Charity Commission are committed, at this stage, to conducting a review of all existing charities to see whether or not they shape up under the new legal framework.

This is not that an unusual thing for the Commission to undertake. A few years ago there was a review of Charity Register which looked, in particular, at Armed Forces charities and the charitable status of sports clubs, out of which a number of charities that were no longer doing anything of significant value wound up being deregisteredby the Commission. That’s just the way things go; the world moves on, society changes, and something that looked pretty charitable 50-60 years ago just really isn’t relevant or justifiable anymore.

It also ought to be said that this last review has its positives as well, particular when it came to the review of sports clubs in which the commission decided that simply promoting a particular sport on its own was not enough to justify charitable status, to register a sports club as a charity you had to be promoting sporting activities for a purpose; improving people’s general health is one of the more common ones that many clubs went for, for example, while another good one for sports clubs working with young people is to focus on the positive things they can learn through sport; leadership, teamwork, personal discipline, etc. all the good character-building stuff.

The upshot of all this was that a few old and outdated registrations were cancelled, but the sporting charities that stayed on the register reassessed the kinds of things they were doing and  focussed more clearly on the real benefits that their activities provided with the result that we, the public, and especially the taxpayer started to get much better value for our money.

And yes, there is an element of this that does come to hard cash - one of the major perks that comes with charitable status is the favourable tax regime that registered charities operate under; no corporation tax on surplusses (technical point, charities don’t make profits but they can make a surplus, which is either put into reserves or reinvested to improve, enhance or sustain their work) plus the use of the gift aid system, which allows charities to boost their income by reclaiming basic rate income tax on the donations they receive.

Altogether charities get a pretty fair package of support from Her Majesty’s Treasury - and because it does come from the Treasury and, therefore, from all of us as taxpayers, even if we have no particular personal interest in the charity sector there is legitimate public interest we all share as taxpayers, so we all, in a small way, have a bit of stake in the new Charities Bill.

So, as someone who works in the not-for-profit sector, who has a particular interest in charity law and who appreciates how and where I have an interest in this issue as taxpayer, my general view of the proposed extension of the public benefit test to all charities is that its a perfectly reasonable thing for the government to be doing - in simple terms, if charities want to hang on to the tax breaks they get (and they do) then its entirely reasonable for us, the taxpayer, to expect then to be able to show that what they’re doing is for the public benefit. It’s a simple matter of quid pro quo.

As you might guess, however, the Christian Institute sees things a bit differently, as you’ll see below…

Charities Bill

Removing the presumption that religion is a public benefit

The advancement of religion has always been presumed to be in the public benefit unless the contrary is proved. The Charities Bill removes this presumption. This is a massive change which in our view is likely to seriously damage religious liberties.

Nothing like starting with a good scare, even if there is absolutely nothing in the Charities Bill that would genuinely damage religious liberties. there are certain types of activity that some relgious groups may engage in that Charity Commission considers to be incompatible with charitable status but that does not stop religious groups carrying out such activities, it just means they have to make a choice about to continue with those activities or continue as a charity. They have a choice and its up to them how they decide to exercise it.

Under the existing statutory regime, the Charity Commission largely succeeded in regulating religious charities without passing judgement on their doctrine and ethics. But we sense that an entirely new approach is being adopted. The Commission’s position paper: Public Benefit – the Charity Commission’s approach is very secular in tone. It states that that public benefit must be assessed “in the light of modern conditions” and that keeping up with “modern society” is required if a charity is not to have its charitable status revoked.

All this is alarmingly subjective. The Charities Bill gives the Commission greatly increased powers to reject the applications of religious bodies or even to de-register an existing religious charity. The Commission should not adjudicate on religious beliefs. Removing the presumption creates the risk that it will. Religious Charities are in effect deemed to be guilty until proved innocent. There is nothing in the Bill to ensure that objective criteria are used.

In reality, when you’re trying to scare the faithful, there is nothing in the Charities Bill which would permit them to pass judgement on the doctrine and ethics of a religious charity, although in common law there is certainly a legal test as to whether a particular set of beliefs actually consitutes a religion in law, as this decision on an application for charitable status by the ‘Church’ of Scientology clearly demonstrates.

The ‘religion test’ is actually fairly straightforward inasmuch as it consists of two basic questions…

1. Is there a belief in a deity/supreme being (or beings), and,

2. Do the ‘religious’ practices of the group include a definable act of worship.

Taken together with the requirement that an applicant for charity status must seeking the ‘advancement’ of their religion, that is as much of a view as the Charity Commission is entitled to take in law.

The Charity Commission can, and has, therefore ruled on whether a particular set of beliefs and practices meet the common law requirement for being considered to be a religion but, certainly to my knowledge, has never one issued a ruling on a specific matter of doctrine.

However, a quick search for information on any previous dealings between the Commission and the Christian Institute did actually show a bit of previous form on the Institute’s part…

The Charity Commission has criticised the Christian Institute for breaching the terms of its charitable status in a letter sent this August. It has ordered the Institute to change its subtitle, "influencing public policy", and accused it of engaging in politics. Following complaints and a formal investigation, the commission has told the institute that its aims of furthering and promoting the Christian religion and the advancement of education in accordance with certain Christian doctrines and principles have not been obvious in its campaigns.

It criticised its 1998 publication Homosexuality and Young People for failing to articulate a Christian view. The Commission also criticised the publication Bankrolling Gay Proselytism: The case for extending section 28, which in isolation, it said, "could be viewed as overtly political for a charity publication". "It is not acceptable for a charity to declare particular purposes which stray from [its] stated objectives. Normally a charitable research body is required to analyse and assimilate all the evidence … there were occasions when the link between the charitable object and the publication was not always clear."

The Commission met the Institute in May last year after complaints that it was a political lobbying association for conservative Christian values, and that some of its publications were "of a political or propagandist nature".

What this story refers to is a complaint to the Charity Commission by GALHA (Gay and Lesbian Humanist Association) regarding its campaigning activities on political measures included the repeal of section 28 and the legalisation of adoption by same-sex couples and, in particular, a stunt in which it issued at card to its supporters that read "In the event of my death I do not want my children to be adopted by homosexuals."

The Commission, which did not formally investigate the Christain Institute, did not criticise it for its doctrinal view of homosexuality but for the manner in which it strayed from its charitable objects, which are…

1.THE FURTHERANCE AND PROMOTION OF THE CHRISTIAN RELIGION IN THE UNITED KINGDOM.
2.THE ADVANCEMENT OF EDUCATION.

…into some pretty obvious political activities of a kind which the Commission routinely consider and rule on - a few years back the human rights organisation, Liberty, ran into much the same problem with the Charity Commission as that which the Christian Institute faced in 2002 and were required by the Commission to draw a clear line between the activities of political campaign arm (Liberty) and its charitable arm (the Civil Liberties Trust)

To be absolutely clear, the Charity Commission has no power to rule on doctrinal matters, other than in the context of whether an applicant is genuinely a religious group, but it can (and does) rule on matters where doctrinal views are expressed in a political context that is incompatible with charitable status.

So far, then, every substantive point in the Christian Institutes ‘briefing’ has been inaccurate and based on errors in material fact… time to move on to the next bit…

Missionary minded charities

The Commission has made clear that, as well as applying the test to new applications, they will reassess whether existing religious charities should retain their charitable status.iii This could result in historic Christian charities losing their charitable status and their assets being confiscated and given to another charity.

A particular area of concern to us is that under the new thinking at the Commission proselytising or missionary organisations could lose their charitable status. Virtually all religious faiths seek to convince ‘non-believers’ of the merits of what they believe. For example, Evangelicals, Roman Catholics, and Muslims all have organisations which seek to spread their faith.

Proselytism is where one faith seeks to convert those of another faith. Government Minister, Lord Bassam of Brighton, was asked if proselytising activity would be deemed to be of public benefit. He seemed to suggest it would. However, Charity Commission officials have made clear that they do not take this view. If put into effect, this would mean the de-registration of charities such as ‘Jews for Jesus’.

Example: A Christian group exists specifically to promote the Christian faith to Jews. Elements within the Jewish community vehemently oppose its charitable status. The Charity Commission will be required to arbitrate on this dispute.

Is a charity that does nothing but proseltyze providing public benefit?

Personally I’d say no, but then I’m not the one making the decision on this question.

But lets’ turn this question around and look at it from another direction - should the taxpayer provides funds, in the form of tax concessions, to an organisation when all that organisation does is try to recruit new members?

Does that seem a reasonable proposition to you?

As things stand I doubt very much that many existing organisations will see their charitable status run aground on this particular question. For one thing, in most cases, religious groups will have much the same kind of ‘character building’ aspects to their work to rely on that the Charity Commission have already accepted as being valid in the case of sports clubs.

Next one has to consider the human rights aspects that will come into play - I suspect that the Commission will be reluctant to head too quickly into a face off over the application of Article 11 of HRA 1998, which covers freedom of religion.

And then, finally, any religious group that has a reasonable open relationship with th epublic at large and, particularly, which supplements is religious activities with a traditional Christian approach to ‘doing good works’ will inevitably find itself on solid ground.

If the Charity Commission does move on any particular groups in the manner that the Christian Institute suggests it will only be where a particular group is not open in it dealings with the public - the Commission is generally pretty watchful in applying the public benefit test for anything that looks like a private members’ club masquerading as a charity.

As a result, one of clearest effect that I would expect the application of the public benefit test to religious groups will have is to make it much easier for the Charity Commission to identify and remove from register and groups that operate as religious cults rather than legitimate ‘churches’ - and that is no bad thing at all as far as I’m concerned.

Again, the Institutes claims lack substance.

Conflict with modern values

Of course, the major religions are not ‘modern’ since they tend to base their fundamental beliefs on writings that are thousands of years old. Religious bodies often come into conflict with the values which pervade the modern world. They should not be told to ‘modernise’ their basic beliefs in order to comply with the new thinking at the Charity Commission.

In any case what is currently ‘modern’ soon becomes outdated. It is of the essence of religious belief that an appeal is made to timeless values. The following examples illustrate orthodox religious beliefs that are unlikely to be deemed ‘modern’.

A Roman Catholic educational charity which opposes birth control exists to produce material for sex education which is against use of condoms.

A Pentecostal adoption charity exists to place children with Christian families. It will not place children for adoption with unmarried or homosexual couples.

A group of Muslim doctors want to set up a medical ethics charity that advocates Islamic teaching against abortion, embryo experiments and IVF.

Helpfully, when it comes to trying to scare the faithful about the pernicious evils of ‘modern’ values, the Institute provides a number of examples to shhot down in flames.

Remembering that Commission have no authority to rule on matters of doctrine…

In the case of the Roman Catholic Educational Charity, this would be entirely free to produce its sex education materials provided that its avoids the mistake that the institute, itself, made with its anti-gay adoption campaign and steers clear of politicking. Such a charity is quite within its rights to produce materials that promote its values and ideas as long it does so in a reasonable fashion. In short it is entirely free to explain, in its literature, what the position of the Catholic Church is on the use of condoms.

Whether many schools would be happy to use that literature in the classroom is an altogether different matter.

In the case of the Pentecostal adoption charity, what would happen will depend very much on the exact form that the new regulations of discrimination on grounds of sexual orientation take. Unless these include a concession allowing such a charity to turn aware prospective parents on grounds of their sexuality then they would not be able to legally operate such a service in the manner that the Institute suggests.

Whether this creates problems in terms of its charity registration is another matter, not least because such a charity is not necessarily going to be registered as a religious charity as its primary purpose (facilitating adoptions) has nothing to do with advancing religion.

The question, itself, is a non-seqiteur - in fact a charity of this kind would almost certainly come under general benefit to the community under the existing Charities Acts and have to pass the publice benefit test anyway.

The same applies to our hypothetical group of Muslim doctors - a medical ethics charity is not a religious charity, per se, in that its not set up specifically to promote the Islamic faith, merely a limited aspect of that faith.

Again the question is a non-sequiteur.

In none of these three cases would the religious views on display necessarily compromise theoir application for charitable status, although I’d expect the adoption charity to come under a fair bit of scrutiny in terms of legal complience with the 2002 Adoption and Children Act and the 2005 Voluntayr Adoption Agencies (Amendment) Act.

Sorry folks - wrong again…

Creating uncertainty

There is no sense that the current legal presumption in favour of religion is causing great difficulty. However, removing it will crack wide open the question of what is and is not state-approved religion. There are few precedents on what constitutes public benefit in the context of a religious charity precisely because the existence of a presumption has meant the courts have rarely had to consider the question. The change will lead to immense uncertainty both for existing religious charities and for new applications.

There is certainly no evidence to show that the current legal presumption in favour of religion is causing difficulties simply because that presumption precludes any real questions being asked about the legal status of religious charities.

All they are saying here is ‘we get a free ride and we want to keep it’ - their argument is based solely on seeking to maintain their current privileged status. For that reason alone it is right that religious charities should face a public benefit test if they wish to keep the tax breaks afforded to them by charitable status.

In Britain there is no question currently as to what constitutes state-approved religion - the only state-approved religions are the Anglican Church in England and Wales and, in Scotland, the Presbytarian Church. There is, as I mentioned earlier, a common law test of what constitutes a religion for the purposed of law, but that is not a matter on which the state (i.e. Parliament) has even taken a view - if it had the legal definition of religion would have been codified in statute law and not have been left to the common law.

There may be few precendents on what constitutes public benefit in the context of exclusively religious activities, because religious charities have never faced the public benefit test until now, but there is no shortage of precedent on what constitutes public benefit in general and therefore ample basis upon which the Charity Commission, which has judicial powers in respect of regulating charities, can develop relevant precedents, not least of which is the ruling on public benefit issued in the case of the Church of Scientology.

Creating scope for organised complaints

Religious belief, particularly related to sexual ethics, can be very unpopular in a secular world. Bashir Maan, Scottish Chairman of the Muslim Council of Britain, was recently forced out as President of the Scottish Council of Voluntary Organisations for stating moderate, orthodox Muslim views on sexual morality. Mr Maan was told to resign by the SCVO board for criticising plans to teach homosexual sex in the school curriculum.

In England many Christian charities have been subjected to campaigns of organised complaints to the Charity Commission. Opponents of religious groups routinely use complaints to the Commission as a campaign tactic. Dropping the presumption of public benefit gives them a major weapon in their armoury.

Having looked, I can find no evidence to support the assertion that many Christian charities have been subjected to campaigns of organised complaints to the Charity Commission - okay, so the Christian Institute found itself on the wrong end of a justifiable complaint from GALHA, which I covered earlier, so one wonders if its own experience is colouring its views on this matter.

As far as Bashir Maan is concerned, what he actually said in his letter that got him into difficulties was…

"These politicians, through certain elements of sex education in schools, are motivating young innocent children to indulge in premature sex that is resulting in teenage pregnancies."
 
He went on: "As if that were not enough, gay sex education is also being added to the sex curriculum in schools.
 
"This will encourage experiments of homosexuality among young children and add to the growing creed of homosexuality."

And really one cannot be surprised if you receive complaints after making comments like that - Mr Mann certainly didn’t seem surprised himself…

Mr Maan, who will be 80 in October, has been president of SCVO for nearly six years, and he said last night he was going to retire soon.

This has forced my hand. It is a pity it has to end in these circumstances," he said.
 
"I can understand the SCVO’s point of view; my views would bring me into conflict with the gay and lesbian organisations in their membership, so perhaps I should have retired before I opened my mouth. I did not intend to demean anyone."

*By the way, The Herald, from which those comments were taken, sets new standards in online shittyness, unsurpassed even by the Indy’s pay-per-view firewall, by trying to use a scripted routine in its pages to prevent you from copying the text of its articles. Not only is this blogger-unfriendly but its also a waste of time as its can be easily bypassed using by viewing the page source.

If one looks at the Charity Commission’s inquiry reports section on its website you will certainly find that faith groups attract their fair share of complaints and investigations, although I’ve not checked to how this relates, in terms of proportion to the number of actual religious charities in the overal charity sector - anything more than about 13-14% would indicate that religious charities are disproportionately likely to attract complaints and face investigations than other types of charity, although it difficult to get accurate figures as these figures would not include the complaints that Commission rejects every year for jurisdictional reasons.

Reference to the alleged threat posed by organised complaints has become pretty much a standard feature in the propaganda put out by, particularly, right-wing evengelical Christian groups whenever there’s a piece of legislation they don’t like the look of - much the same scare tactics were adopted in relation to Religious Hatred Bill and is being used right now in their campaign against the upcoming sexual orientation regulations.

What such claims invariably lack, however, is any hard evidence to back up the claim that such groups are really being are subjected to such organised complaint campaigns- although there is plenty of evidence from things like Jerry Springer: The Opera to show evangelical Christian groups using the very same tactics that they’re now complaining about.

This leads me to three basic observations.

1. This is blatant propaganda designed to scare the faithful and create/reinforce a siege mentality amongst their supporters.

2. Letter-writing campaigns have a long and distinguished history in open and democratic societies as a means of expressing legitimate concerns and the real test of the legitimacy of such tactics rests not in whether they’re adopted and used by a particular group in society but whether they encapsulate a legitimate complaint. To peddle scare stories like this, before any complaints have been lodged, seems nothing more than a pre-emptive strike designed to try and invalidate all complaints, however well founded, and is, therefore, thoroughly undemocratic, and

3. This quite obviously indicates that while they can happily dish it out, they can’t take it themselves.

What we have here, then, is a two-page briefing on an aspect of the Charities that contains several errors of fact, plenty of unsubstantiated and erroneous speculation, a bit of propaganda and not one single rational argument to support the contention that religious charities should continue to be enjoy an exemption in Charity Law from the requirement that they show that their activities provide public benefit in return for the tax concessions they receive from the Treasury.

What they want is their privileges for free adn without having to make any effort to justify them to the taxpayer, who ultimately pays for them…

… in which case, not only should the provisions in the Charities Bill extending the public benefit test to all charities stand as the Commission intends but, as far as I’m concerned, their introduction cannot come soon enough.

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It’s Smashy and Nicey time, folks (na nah naah na-na-naah na na na-naaaaah) - yes it’s time for the ‘avoiding the question’ chart rundown…

. And surprisingly - if most of the answers are anything to go by - at number 10 its the Home Office, who’ve knocked back a total of 80 questions as being too expensive to answer over the last five years…

And at 9, its the DfES, who failed the test on a total of 97 occasions…

At 8, its the Foreign and Commonwealth Office with 105 questions left unanswered - few problems getting information there, but just you trying using any of it.

At 7, its the Department of Work and Pensions, who’ve topped the FCO by a single question with a total of 106 unanswered questions…

And at 6, its the Department of Constitutional Affairs who managed to avoid 114 questions in total - and they’re the department responsible for FOIA…

Moving swiftly in the top five we find Her Majesty’s Treasury hanging on in there with a 118 unanswered questions - I know one or two people thought they’d be higher but remember this is beancounter central we’re talking about here - most of these folks are paid to have the answers…

Topping the Treasury at number 4, by a mere two questions, its the little department that punches well above its weight, the Northern Ireland Office

While at number 3, and with a four question edge over the competition is DEFRA

Into the top two, and at number 2 and with a massive lead over it rivals its the Office of the Deputy Prime Minister (plus DTLR and DCLG) which passed on a staggering 646 questions over the last five years, a lead of 522 over number 3 placed DEFRA… and that’s without checking for any answers from Prezza in the general form ‘How the fook would I know that?’

But when it comes to not answering the question, the absolute daddy of them all is…

the Ministry of Defence

And what a record the MOD has - 702 questions avoided and its junior ministers occupying five of the top ten slots in the chart for questions avoided by an individual minister… (ODPM get the other five)

..which should also tell you where everyone who fingered a senior minister as being the top dog in the individual chart went wrong - senior ministers rarely answer written question in any great quantity, that privilege is reserved for their underlings.

When it comes to the individual charts, the top ranked senior minister is Patricia Hewitt, ranked a lowly 20th with 31 questions unanswered, with Ruth Kelly four places lower with 28 unanswered questions - all while serving in the junior ranks.

When it comes to longstanding members of the senior ranks, its actually pretty rare to find them knocking back questions as being too expensive to answer - Blair managed that only 13 occasions in the last five years, as did John Reid. Jack Straw ducked only 24 times, Blunkett on a mere 12 occasions and, I’m sure to DK’s complete surprise, not once has Gordon Brown personally fallen back on the ‘too expensive’ gambit - although that may just be because no one asks him any questions for fear they’ll get an answer…

As for the actual top ten, every single one of them has spent some time as a junior minister either at ODPM or at the MOD, with four of them; Ivor Caplin, Yvette Cooper, Lewis Moonie and Adam Ingram having ducked more questions individually than the third-place department (DEFRA) did in it’s entirety…

So in answer to the bonus question, when the chips are down and you don’t want an answer to your £134 written question then the man you want to be writing to is Armed Forces Minister, Adam Ingram, (nicely spotted, Paul) who, up to Tuesday 18 July 2006, had uttered the immortal phrase "could be provided only at disproportionate cost" on no less than 243 occasions

And he’s not finished yet, is our Adam, as checking back today (19 July), as I write this up, shows that Adam has added another two ‘too expensive’ responses overnight…

Way to go Adam - keep up the good work.

Footnote - Looking at the latest two questions that Adam failed to answer provides an interesting insight into how the MOD goes about it business.

Question 1 - from Tory MP Owen Patterson, asks basically how much its costing us to run the Warrior Armoured car in Iraq and drew this response…

The full capitation cost for the WARRIOR Armoured Fighting Vehicle (all variants) based on peacetime usage is calculated for financial year 2006-07 as £154.04 per kilometre. Specific operational track mile data is not held centrally and could be provided only at disproportionate cost.

So the MOD know what it costs to run its armoured vehicles on training exercises on Salisbury plain, but not it seems, how they cost when operating in combat conditions - I guess they’ll just send Gordon the bill when its all over and expect him to cover it…

Question 2, from Lib Dem MP  is a bit more interesting as he asks…

…how many approved projects fell into each approval category in 2005-06; and what the aggregated approved expenditure was for each category.

And gets the answer…

The following table details the number of approved projects that fell into categories A to C in 2005-06 and the aggregated approved expenditure for each category.

Category

Number of projects

Aggregated approved expenditure (£ million)

A

43

20,247

B

29

954

C

32

456

Records on category D approvals are not held centrally and the information requested could be provided only at disproportionate cost.

Now that does make for interesting reading as, from the MOD’s website, it seems that a category D project is defined in the following terms…

Definition: a Category ‘D’ (Cat D) project is normally classed as a project with a procurement cost of under £20 million. Investment decisions are delegated to the ‘Cat D Approving Authority (AA) which includes the nominated Finance Officer, DEC, IPTL and D Tech representatives.

You get that - the MOD can blow up to £20million a time on these projects without keeping a central record of approved expenditure - I can sense Wat Tyler beginning to fume from here…

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Apropos of my last post and my comments about Steve Moore and Policy Unplugged, I’ve been looking into this whole ‘unconference’ thing he mentioned and turned up this from Wikipedia…

An unconference is a conference where the content of the sessions is driven and created by the participants, generally day-by-day during the course of the event, rather than by a single organizer, or small group of oganizers, in advance. To date, the term is primarily in use in the geek community. Unconference processes like Open Space Technology, however, have been around for over 20 years in other contexts.

The term unconference first appeared amongst techies in an annoucement for the annual XML developers conference in 1998. More recently the term was used by Lenn Pryor when discussing BloggerCon and was popularized by Dave Winer, the organizer of BloggerCon, in an April 2004 writeup. Winer’s unconference is a discussion leader with a topic moving a microphone amongst a large audience of 50 to 200 people.

Right, so its a bit of geek thing is it, where a bunch of them get together and make up the whole event as they go along - no doubt using a venue that would be described on their expenses form as an ‘open access exhiliarative liquid dispensary’ (Pub).

Reading all that, does anyone else get the feeling that if one were to look around you would inevitably find, tucked away somewhere, a patent application on ‘unconferences’ in the name of Bastard Operator From Hell Enterprises Inc

Maybe there’s something to this unconference business after all - where do I sign up?

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