It’s Tony Blair’s favourite trope when it comes to the subject of law, order and criminal justice; the suggestion that what is needed to modernise Britain’s approach to criminal justice are measures that ‘rebalance’ the system in favour of the presumed ‘rights of victims’.

But I wonder, on hearing this, just how many people thought that this all too seductive idea might mean turning victims of crime into criminals?

What? Surely not, you might think. Well not only is this being suggested by a senior police officer in today’s Guardian but it already happened - and no one seems to have noticed.

To begin at the beginning, today’s Guardian features an article on gun crime in which the Chief Constable of Merseyside police, Bernard Hogan-Howe, makes the frankly staggering suggestion that witnesses to, and even victims of, gun crime should be subject to criminal proceedings if they refuse to give evidence, even in circumstances where they fear for their life:

One of the UK’s most senior police officers has called for new laws that would compel the public to give information to the police about gun crime - whether they want to or not.

In an interview with the Guardian, Bernard Hogan-Howe, the chief constable of Merseyside police and a contender to be next commissioner of the Met, said it was clear that more and more young people were getting involved in gun crime and that they were being protected by a wall of silence.

He said the only way to address this was to adopt laws similar to those in Australia “where people have a duty to report information about gun crime to the police”. He also believes the laws should extend to victims of gun crime who survive being shot but refuse to make a complaint because of fears of reprisals.

“The challenge is: people who survive do not want to complain and the best witness is quite often the victim who can help provide a description and motive. By refusing to help it can put the investigation on to the back foot.”

Now you’ll forgive me if I’ve got this wrong, but I’ve always had the impression that the role of the police is to protect the public from crime, not put members at risk in order to improve their clear up rates and secure convictions, but evidently Hogan-Howe doesn’t see things in quite the same way that I do, hence this absolutely staggering suggestion - testify or go to prison.

Aside from the very obvious civil liberties issues that raises - frankly there is the stench of Star Chamber justice about the whole suggestion - I can see one rather obvious practical problem here.

What Hogan-Howe is suggesting is that we take people who’s testimony could put a criminal in prison for a very long time but who refuse to testify for fear of reprisals, into prison with other criminals, some of whom could quite possibly be associates of the individual against whom the witness/victim is asked to give evidence.

It should be obvious, even by now, where this is heading, especially where the shooting in question was related to gang activity and/or organised crime - putting a witness in prison for refusing to testify stands a very good chance of resulting in the police finding themselves with a dead witness on their hands, if by mischance or oversight they are imprison alongside an associate of the criminal against whom they’re being ordered to testify.

Hogan-Howe, so the Guardian suggests, is a contender for the position of commission of the Metropolitan Police, when this next comes open. On the evidence of his comments to the Guardian, I would suggest that he should be considered to be a contender for early retirement instead, such is is apparent disregard for the most basic and fundamental of all police duties.

If that were not a frightening enough prospect to begin with, then a lead from this article by Henry Porter led to an Act of Parliament that passed into law in 2004 that already has the effect of potentially treating victims of domestic violence as criminals.

Here’s the relevant passage:

But the guilt by association - or proximity - which he suggests echoes new measures in the Domestic Violence, Crime and Victims Act under which a person may be charged for simply being in a household when a serious crime is committed and failing to report it.

What? Surely not?

So far as I was aware until today, the only Acts of Parliament containing provisions of this general nature deal with terrorism, however on further investigation of the Act referred to by Porter, I discovered this (please forgive the length of the extract - all will be explained in due course):

Causing or allowing the death of a child or vulnerable adult

5 The offence

(1) A person (”D”) is guilty of an offence if-

(a) a child or vulnerable adult (”V”) dies as a result of the unlawful act of a person who-

(i) was a member of the same household as V, and

(ii) had frequent contact with him,

(b) D was such a person at the time of that act,

(c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and

(d) either D was the person whose act caused V’s death or-

(i) D was, or ought to have been, aware of the risk mentioned in paragraph (c),

(ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and

(iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.

(2) The prosecution does not have to prove whether it is the first alternative in subsection (1)(d) or the second (sub-paragraphs (i) to (iii)) that applies.

(3) If D was not the mother or father of V-

(a) D may not be charged with an offence under this section if he was under the age of 16 at the time of the act that caused V’s death;

(b) for the purposes of subsection (1)(d)(ii) D could not have been expected to take any such step as is referred to there before attaining that age.

(4) For the purposes of this section-

(a) a person is to be regarded as a “member” of a particular household, even if he does not live in that household, if he visits it so often and for such periods of time that it is reasonable to regard him as a member of it;

(b) where V lived in different households at different times, “the same household as V” refers to the household in which V was living at the time of the act that caused V’s death.

(5) For the purposes of this section an “unlawful” act is one that-

(a) constitutes an offence, or

(b) would constitute an offence but for being the act of-

(i) a person under the age of ten, or

(ii) a person entitled to rely on a defence of insanity.

Paragraph (b) does not apply to an act of D.

(6) In this section-

“act” includes a course of conduct and also includes omission;

“child” means a person under the age of 16;

“serious” harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (c. 100);

“vulnerable adult” means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(7) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine, or to both.

6 Evidence and procedure: England and Wales

(1) Subsections (2) to (4) apply where a person (”the defendant”) is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death (”the section 5 offence”).

(2) Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 (c. 33) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant’s failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty-

(a) of murder or manslaughter, or

(b) of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,

even if there would otherwise be no case for him to answer in relation to that offence.

(3) The charge of murder or manslaughter is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (unless the section 5 offence is dismissed).

(4) At the defendant’s trial the question whether there is a case for the defendant to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).

(5) An offence under section 5 is an offence of homicide for the purposes of the following enactments-

sections 24 and 25 of the Magistrates’ Courts Act 1980 (c. 43) (mode of trial of child or young person for indictable offence);

section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons);

section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power and duty to remit young offenders to youth courts for sentence).

This horrific piece of legislation was put in place to deal with a difficult situation, one in which a child or vulnerable adult is killed in the family home as a result of an unlawful act in circumstances in which is it impossible or near impossible to ascertain definitively which member(s) of the family is/are directly responsible for the actions which cause their death.

The ‘classic’ scenario is therefore that in which a child dies of injuries inflicted by a parent or step-parent, resulting in the arrest of both parents, who then either refuse to testify again each other or, as likely, plead not guilty and claim that the responsibility for the child’s death rests with the other.

Now, if we ignore - for the sake of simplicity - the question of other individuals over the age of sixteen who live in or visit the house on a regular basis, which these provisions also cover, and focus only on the simplest possible scenario, that of two parents (or parent and step-parent) plus dead child, then that scenario presents us with two possibilities - either both parents were party of the abuse of the child at various times, irrespective of whose actions actually resulted in the child’s death, or only one of the parents (generally male) was an abuser, while the other (generally female) was themselves a victim and subject to abuse by their partner.

What this law does is introduce a catch-all offence of causing or allowing the death of a child or vulnerable adult that operates on the basis that even if an individual (an abused partner) took no part in the abuse that resulted in the death of the child (or vulnerable) they can still be held criminally liable for causing/allowing their death to take place by failing to act to prevent it if a jury decides that they might reasonable have foreseen that the child might die as a result of the actions of their partner, an offence for which the only permitted defences are that the child’s death could not have been forseen, that it would have been unreasonable for them to take the actions necessary to prevent the child’s death or insanity - and the Act pulls another interesting and largely unnoticed rabbit of the hat on that by altering the manner in which pleas of insanity are dealt with, across the board, so that these are now decided on solely by a judge and not be a jury, as was previously the case. So yet again, another long-standing element of criminal justice practice and procedure relating to juries has been done away quietly and without anyone noticing.

So far as the law is written, the question of whether an individual charged with this offence was themselves a victim of the abuser whose actions actually caused the death of the child is entirely immaterial, but for the question of whether it was reasonable for them to have acted to try and prevent the child’s death. The upshot of this, one would very strongly suspect from the kind of public attitudes and prejudices that surround such cases, is that a parent face with such a charge would have to try an convince a highly unsympathetic jury that their life would have been at risk has they attempted to take action to prevent the child’s death and that nothing short of such an argument would result in an acquittal - and even that might not be enough for some jurors who would take the view that a parent would, and should, put the safety of their child ahead of their own.

Throw into the mix the fact that these provisions cover anyone over the age of sixteen living in the household in which the child dies, or visiting it and the child on a regular basis - which would draw an older sibling of the child into the ‘circle of liability’ even if that sibling no longer lived at home and even if they had left home because they were themselves abused by the parent/step-parent who caused the child’s death and had left home because of it, and you have a veritable smorgasbord of possibilities for a blatant miscarriage of justice tied to an offence that carries a maximum sentence of fourteen years imprisonment.

Under this law, it would be perfectly possible for the 18 year old sister of a child, who was killed by their father, to be sent to prison for anything up to fourteen years for failing to take action to prevent their sibling’s death in circumstances in which the 18 year old no longer lived in the family home - simply visited their sibling on a regular basis - was themselves a victim of abuse by the same parent and was not even present in the house at the time the actions resulting in the death of their sibling took place.

Does that sound much like rebalancing justice in favour of victims to you?

To add insult to injury, the provisions of section 6 of the Act are as nasty a piece of legislative legerdemain as I have had the misfortune to see in a very, very long time.

What section 6 does is as follows.

First, it prevents judges from throwing out the charge of murder or manslaughter in cases where a parent is charged with both the murder or manslaughter of their child and with the section 5 offence of causing or allowing the death of their child at the conclusion of the prosecution’s evidence, even if the judge is of the opinion that the prosecution has failed to provide sufficient evidence to establish that the parent has a case to answer for murder/manslaughter.

Second, it expressly permits a judge/jury to make inferences of guilt based on the refusal of the defendent in such a case to take the stand and give evidence or answer a specific question put to them by the prosecution in relation to the offence of causing or allowing the death of their child and apply those same inferences to the question of whether they may guilty of the murder/manslaughter of their child.

Only after the defence has presented its evidence/testimony, if any, is the trial judge and/or permitted to consider whether there the defendent has a case to answer for murder/manslaughter.

In short, in such cases, the defence is compelled to present a case to the court irrespective of how thin or insubstantial the prosecution’s case for murder/manslaughter may be, specifically to provide the defendant with with the opportunity to incriminate themselves in the eyes of the jury by refusing to take the stand entirely or answering specific questions in relation to the charge of causing or allowing the death of their child.

The effect of this is to make a complete mockery of the right to silence and turn it into a catch-22. Should the defendant refuse to give evidence or answer questions that might cause them to incriminate themselves for the offence of causing or allowing the death of their child, that refusal can be used by the court to infer that they are guilty of the child’s murder/manslaughter. Find yourself charged with both offences and you damned no matter which way you turn.

This is not only already on the statute books - and has been there for getting on for three years, but so far as one can tell it passed into law without comment from even Liberty, who appear not to have noticed even the changes made to handling of insanity pleas by the courts, even though these changes apply across the board and not just to this specific offence.

Women’s Aid did notice and their briefing on the Act includes the following, very pertinent note:

Women’s Aid recommended that a victim of domestic violence should not be regarded as having caused or allowed a child or vulnerable adult to be killed unless there is clear evidence that this person actively contributed to the injury or killing of a child or a vulnerable adult. This was rejected.

Consequently, we are left to good offices of the judiciary and the common law (again), as it applies to the question of what constitutes steps that a victim of domestic violence could reasonably have taken to prevent the death of a child at the hands of their own abuser, to prevent his appalling piece of legislation turning victims of domestic violence into criminals in the most horrific circumstances one could possibly imagine.

One can easily come to hate a government that passes such appalling and incompetently-framed legislation of a kind that satisfies none of the principles of justice and all of the desire of the tabloid press for a witch-hunt in such cases.

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I know that speeches to party conferences are traditionally long on rhetoric and short on detail but reading through some of the speeches published on the Labour website from this year’s conference I couldn’t help but notice this one, from Jack Straw, which stands as a genuine masterpiece of the art of speaking for ages and saying absolutely nothing of substance or consequence.

Am I, perhaps, being a little uncharitable here. Maybe, maybe not, but when I see a report of a ministerial speech which carries the headline "Straw sets out plans for reform of Lords and party funding" my expectation is that it will show some evidence that there are actually plans in place for those reforms…

…tell you what, just read the speech (and my own annotations) and decide for yourself whether I have a point here.

Straw sets out plans for reform of Lords and party funding

Conference, we were bottom of the G7 economic league in 1997 - now we are second; we have job creation rates which the likes of France and Germany would die for; record investment and record results in education and health; 800,000 children out of poverty, a fairer and more equal society through the minimum wage, new trade union rights, the Lawrence inquiry, race relations act, the Human Rights Act, and much more.

We have doubled our international aid programme and are leading the world in tackling climate change.

We are, on any measure, one of the most successful peacetime governments of the last 100 years.

Okay, so that the obligatory opening panegyric out of the way, now what’s Jack actually got to say for himself.

We’ve done all this - more, not less, than we promised - and yet the state of our party and the overall health of our democracy do not reflect these tangible achievements.  Indeed, the reverse is true.

Our membership is down, so is that of all parties; a halving in 25 years. Spending has trebled; and turnouts are dramatically down. 

*Cough* Errrm, Jack? Don’t you mean a halving in ten years when it comes to our own party?

I’m sure you know the figures - our could at least as Hazel for them - but just to remind you Labour Party membership stood at around 407.000 in 1997; our last reported official membership figure was 198,026, this being the figure reported to the Electoral Commission at the end of 2005 and looks to have fallen even further since, if the number of ballot papers issued for the recent NEC elections (178,889) is anything to go by.

There are many things we have to do to put all this right. We need fresh policies for sure; but politics is as much about heart as it is about the head. Decisions about which party to support are not made through irrational flights of fancy, but nor are they just a matter of arid calculus.

Okay, yes, I’ll give you that…

For too many, politics is a turnoff, something to look down upon, apparently not relevant to their lives.

That too…

But none of the things which have changed Britain in the last 100 years could have happened without the work of the political parties.

Hang on a second, Jack. We seem to be skipping on a bit here.

You’ve started out be identifying the problem - many people find politics a turn-off and fail to see how its relevant to their lives - which is fine. No problem with that. After all, if you’re going to tackle a problem you should at least have some idea of what the problem is before you start…

…but having identified the problem you’ve then pushed straight on to eulogising the work of political parties over the last 100 years without any sense of how this might be relevant to issue of declining political engagement amongst the wider population.

Sorry Jack, but the immediate impression you’re creating here is one of ‘ we know there’s a problem but we haven’t got the foggiest idea what to do about it?

Political parties are the very lifeblood of our democracy.

Well Jack would say that, wouldn’t he - after all his job depends on it, even though that’s really a rather arguable point.

Any number of things have been referred to over the years as the ‘lifeblood of democracy’. Lyndon Baines Johnson considered voting rights to be the lifeblood of democracy while Thomas Jefferson thought it was education. In Edward Kennedy’s opinion…

Integrity is the lifeblood of democracy. Deceit is a poison in its veins.

…while Rosa Luxemburg’s, amongst others, identified dissent and the freedom to voice dissenting opinions as occupying that role…

Freedom only for the members of the government, only for the members of the Party — though they are quite numerous — is no freedom at all. Freedom is always the freedom of dissenters.

Elsewhere, one can find the epithet ‘the lifeblood of democracy’ applied variously to information, to freedom of expression (and particularly to freedom of the press), to justice, to competition for power, to dialogue, to participation and deliberation, to the processes and procedures of democracy. Even the Internet has been referred to in this fashion.

As far as anything being the ‘lifeblood of democracy’, the most one can say with any real certainty is that its whatever an individual wants it to be, according to their own particular preference, prejudices and personal/political agenda.

Feel free to correct me if I’m wrong, but I’m starting to get the distinct impression here that whatever the actual problems are that are turning people off politics and participation and engagement in the democratic process, you view is that political parties are the answer, irrespective of whether their is any actual evidence to support such a view. And that, in turn, seems to suggest that far from genuinely seeking to address the questions raised by the decline in party membership across all the main political parties and, in particular, the overall fall in political /democratic engagement in the wider electorate, what’s actually emerging here is little more than an exercise in self-justification in order to preserve as much of the present status quo as possible.

All very conservative (small ‘c’) is seems and hardly in keeping with the party’s aspirations towards being ‘radical’ and ‘progressive’.

I know that political parties are often adversely compared to single issue pressure groups.

People are understandably drawn to such groups.

They are more accessible and their messages are so much simpler.

Well, quite… but what of it?

But it is only political parties which can make the essential choices between tax and spend, between security and liberty and between the market and the state.

Really? So, for instance, a hypothetical parliament consisting of 640 or so rational adults of independent mind and sound, rational judgement, would be incapable of debating issues such as the choice between tax and spend, security and liberty and the market and the state on the basis of a simple democratic vote?

Membership of political parties is not only essential to democracy, but noble, while giving money to those parties is not dodgy but honourable.

Now hang on a second there, Jack. When one comes to consider whether the giving of money to political parties is either ‘dodgy’ or ‘honourable’ one has to consider the motives of the giver and the circumstances in which the giving took place. If all one expects to receive in return for a donation to a political party is a little personal satisfaction from having contributed to a cause one believes in then, yes, one can happily consider that to be ‘honourable’. On the other hand, if one is making a contribution to party funds on the understanding that the quid pro quo will be a measure of influence over government policy, favourable treatment in tendering for government contracts or even a permanant seat in the upper house of the legislature then not only is that not honourable but its rather more than just ‘dodgy’ - in fact the word you’d be looking for is corrupt.

Yes, conference, there are a few professional politicians in every political party.

I’m one of them - but 99% of members of all parties are volunteers, unpaid, often involved in many other aspects of a community’s life, working all hours and in all weathers for no other reason than a belief in their cause.

And how I resent, on their behalf - on YOUR behalf - the denigration of parties’ ordinary members.

Well that’s very noble of you, Jack, but to be honest if I feel I’m being denegrated as party member then I’m well capable of sticking up for myself and, to be honest, I’ve never felt particularly denegrated when it comes to my own humble monthly contribution to party coffers.

We could not have survived as a party, still less have gained office, without the generosity of our members and supporters.

We should be profoundly grateful to the scores in each constituency party who give according to their means, and grateful to the so-called "high value" donors - people who have made some money, but instead of spending it all on themselves give some of it - often in large amounts - to our party.

They’ve done it to put something back, to fulfil their sense of their civic duty.

And for an encore, they’ll be getting together at the end of the conference for a rousing chorus of ‘A Spoonful of Sugar’…

And then, conference, there are the trade unions.

So you’ve remembered? Well done…

Now don’t be taken in by what the Tories tell you. For there’s a shocking secret about the trade unions and Labour’s funding.

The 17 trade unions affiliated to our party have not given us a penny; it’s their members who have - two and a half million of them, who voluntarily choose to pay the political levy.

We should thank them too, from the bottom of our hearts.

Well, yes. That would be a good idea for starters…

The trade union link means that the funding arrangements for the Labour Party are the most heavily regulated of any party and they always have been.

Yes, can’t fault you for accuracy there…

But conference, it is worth reflecting that when political parties first got going - in the nineteenth century, there were no rules about party funding.

Bribery and corruption were rife. No rules - and no Labour party.

Our party, the party for working people; the poor the dispossessed, had no chance until some fairness in funding was introduced.

Again, that’s fair comment… It doesn’t really advance your argument much but it is fair comment…

In modern times, Labour has been at the forefront of measures better to regulate political finance, most recently, with an Act in 2000.

That Act imposed much needed controls on national campaign spending.

But in the eight years since it was first drafted, the world has moved on.

…You’ve missed a bit out there, Jack… you know the bit about us getting caught bypassing the very rules on transparancy in party funding that we put in place.

The internet, customised mailings, and phone banks mean that the old distinction between national and local spending has gone.

Yes…

Campaigning no longer just takes place in the so-called election periods.

Sure, although I can’t think that this is anything particularly new in politics…

So we have to regulate national and local campaign spending at all times and end forever the "arms race" in spending between the parties.

Okay, fine with that as well, but how, exacty are you planning to do that? What is the actual plan?

I hope that the current inquiry under Sir Hayden Phillips is able to secure a consensus between the parties, as I did with the 2000 Act.

Ah, I see. so the plan is to cut a deal with the Lib Dems and the Tories which tries to keep everyone sweet and preserves a status quo that suits the established political parties…

But that consensus will require the Tories to lay off those two and a half million trade union members who pay the political levy.

Let the Tories instead stick to what they told the Standards Committee in 1998:

Quote: "The question of trade union funding of parties is not a matter of direct concern to the Conservative Party. We [the Conservatives] recognise the historic ties that bind the trade union movement with the Labour Party…."

The Standards Committee itself – backing the Tories in this regard – said:

“No change should be made in the law relating to trade unions and their political funds.”

And there’s absolutely no evidence since then of any need to change.

Ah yes - a bit of Tory bashing always goes down well at the party conference, but…

…Jack, you still haven’t actually put forward any concrete or substantive plans for reforming party funding.

As it turns out, the party has published its submission to the Hayden Inquiry, which you can download here (pdf) - just don’t expect it to be a rivetting read. I should also say, to be fair, that of the three main political parties, Labour is the only one (to date) to openly publish its submission to the inquiry, which it describes as being based on three basic principles…

Respect for the differing structures of political parties;

Ensuring parties are able to fund core activities in a level playing field; and

Maintaining public confidence and encouraging wider engagement

As for what it actually proposes over and above the obvious - closing the loophole on loans that both Labour and the Tories have exploited since full disclosure of donations was introduced in the 2000 Act and a cap on campaign spending at general elections - amounts primarly to asking the state to the pick up the tab for the costs of running the party machine in between general elections, although this all dressed up in proposals for a Foundation for Democracy and liberally salted with plenty of aspirational talk of increasing democratic participation.

As pitches, its quite cleverly put together, not least as a result of the party having realised that the taxpayer would seriously baulk at any suggestion of them couching up for the kind of hugely expensive campaign activities that are part and parcel of a modern day general election. Nevertheless, the one thing that runs most clearly through the whole submission - and I would expect to see the same from both the Tories and Liberal Democrats - is a clear intent to preserve the present status quo vis-a-vis the position of the three main political parties.

To understand how the status quo will be preserved one has to dig through the section on financial transparency where one finds this statement…

There is an important decision to be made about how any new framework of donation caps and extended state support should be applied. We believe that the public would not support a general extension of state support to all political parties, which would raise the possibility of parties being created solely in order to obtain these resources from the state. We therefore argue that extended state support should be available only to those political parties which meet a certain threshold based on the number of seats contested at a general election. Such thresholds are common in systems of party funding overseas. In return, to ensure fairness parties which do not meet this threshold should not be subject to the donation or expenditure caps, although they would of course still be subject to all the other rules on reporting.

Although Labour submission does - rather as an afterthought - go on to recognise that the Hayden Inquiry needs to take into account matters such as devolved government in Scotland, Wales and Northern Ireland (if it ever gets back up and running) and the existance of parties which operate only  in specific area - i.e. the SNP, Plaid Cymru and, of course, the unique nature of the political system in Northern Ireland, the implication of this passage is clear; state funding is to remain, as much as possibly, locked firmly into the established framework of mainstream political parties such that access is controlled by a simple, yet extremely effective method - the election deposit.

I must admit that I do appreciate the deft manner in which the party has neatly sidestepped the issue of extremist parties tapping into state funding by couching their support for access restrictions based on seats contested in terms of the ‘possibility’ of parties being created solely to obtain funds from the state, nevertheless one cannot help but feel a little uneasy about a situation in which access to a key part of the democratic process; i.e. the capacity to run for office, is quite so obviously and readily controlled by a mechanism as crude as the use of deposits to effectively price potential opponents out of the ‘marketplace’ for votes.

It’s well worth contrasting this situation with the commentary in chapter six of the Power Inquiry report, which looks specifically at political parties and which addresses the causes and implications of both the decline in party membership and the growing democratic deficit in British society to a depth that appears entirely absent from the thinking of the Labour Party and, one would certainly suspect, that of at least the Conservative Party if not also the Liberal Democrats, given that the proposed framework for a Foundation for Democracy in Labour submission looks suspiciously like something on which concensus amongst the three main parties will be easily reached.

As a Labour Party member, I ‘m aware that I’m thinking heretical thoughts here, but in skirting the issue of extremist parties gaining access to state funding, which for all its explicit absence I would think is far more of an influence on Labour’s submission that any suspicion that parties may be contrived purely to gain access to state support, the party has, perhaps inadvertantly, raise an altogether more fundamental set of questions.

If the state (i.e. the taxpayer) is to be expected to finance the day-to-day operation of political parties then why should should that financial support be restricted only to a very limited range of existing mainstream political parties? Just under 39% of the total electorate did not vote at the last general election, so why should they be expected to contribute (via taxation) to the maintenance of political system and framework of political parties which does not appear to engage or represent their interests sufficiently to motivate them to take a short walk to the local polling station once every four or five year?

Why should state funding of political parties be structured in such a way to benefit almost exclusively the three main political parties, whose combined membership now totals less than 600,000, which is around 1.3-1.4% of the total electorate, and more to the point, if the state is to provide substantive funding to political parties, why should it not provide some funding to support both existing and new political parties that offer alternatives to the current big three, especially when the single largest voting ‘bloc’ at the last general election was ‘none of the above’?

The argument that Labour puts forward is simply that ‘the public’ would not support a general extension of state support to all political parties, an argument that is put forward without evidence to substantiate such an assertion and what little evidence there appears to be on the subject of public funding of political parties seems completely inconclusive when to comes to the question of providing state funding to small political parties.

What I have been able to find, in terms of opinion polls, also appears to rather contradictory. The Taxpayers Alliance, in its own submission to the Hayden Inquiry point out the following:

Polls have shown that the public are opposed to taxpayer-funded parties. An ICM poll in April 2006 showed that by 77-20 percent people think that public money should not be used to finance political parties. A poll by Populus, also in April 2006, found that even when the question was loaded heavily in favour of taxpayer-funded parties, the public remain significantly opposed. By 53-43 percent the public disagree with the statement “Political parties should be funded by the state out of taxpayers’ money to eliminate the risk of corruption” (our
italics).

However a different ICM poll, commissioned by the Joseph Rowntree Foundation offers up a rather different picture of public opinion, one in which there would appear to considerable public disquiet over the influence that high value donors (including trade unions) can exert over political parties, a fairly even split on the question of state funding (41% in favour, 37% against on an obviously loaded question - "Political parties with significant public support should be provided with public funds to reduce their dependency on donations from wealthy individuals, trade unions and businesses") and strong support (60%+) from both capping the size of voluntary donations and for state funding (if it is expanded upon) to be targeted toward local rather than national party activity.

Nowhere, in any of the polls cited above, is the question of state funding for minority parties explicitly addressed - it could well be the case that the public would more readily support the provision for state funding for alternatives to the the three main parties than it would for Labour, the Tories and the Lib Dems - we don’t appear to know as that question doesn’t appear to have been asked.

In reality it would be, and is, extremely easy to stir up public sentiment against state funding for minority parties either in the manner that Labour has adopted in raising the spectre of ‘undeserving’ parties being created as an artifice for obtaining public money without an honest ambitions towards playing a part in the overall democratic process, or by the rather more obvious of tactic of throwing the usual political bogeymen in the ring - the far right, far left and, in today’s febrile climate, the possibility of openly communalist parties emerging out of minority ethnic communities. However that misses a rather more fundamental point - if state funding is deemed necessary to support and sustain a healthy democracy in the UK then it must surely follow that the manner in which those funds are allocated to political parties must be democratic, equitable and must not confer an undue advantage on any individal political party or indeed, group of political parties.

Or, more simply, money should not be a barrier to active participation in the democratic process, because that is, well, undemocratic.

With that I’ll move on, having said plenty on the subject of party funding for the time being - after all the headling also promised us Jack’s thoughts on reform of the House of Lords, which is precisely where we’ll picvk up his speech…

Conference, tackling the health of our democracy also means reform of Parliament.

Well, yes, that would be part of it…

Thanks to my predecessors as Leader of the House, not least Robin Cook, we’ve been making many improvements in the way parliament connects with our citizens.

I’m continuing that work.

Good. I’m glad to hear that you’re doing your job as Leader of the House?

A new Visitors Reception Centre will open this Autumn, to make Parliament far more welcoming.

Once you get past the concrete barriers and armed guards… Is it just me or does it seems a touch incongruous for a member of a government that’s slapped a statutory exclusion zone around Parliament to be boasting about making the place more welcoming by putting in a new visitors centre?

There’s a big investment in education in citizenship to make parliament more comprehensible.

An interpreter for Boris wouldn’t go amiss while your on, Jack…

And we’re changing the way Parliament works to make it more effective.

Why do I get the horrible feeling that that’s a rather oblique and disingenuous reference to the Legislative and Regulatory Reform Bill?

One part of that is modernising the House of Commons and the other is reforming the House of Lords.

Ah, finally we get to the bit about reforming the House of Lords…

Our 2005 manifesto says that we will end the right of hereditary peers to sit in the Lords, and we will do just that.

Didn’t we also say that in 1997 and 2001? You’ll forgive me if I don’t hold my breath…

And then there is the question of exactly what a reformed House of Lords should look like.

Yes…

Elected, appointed or a mixture of both?

Yes…

Conference, there is a myriad of opinions in the party on the composition of a reformed second chamber.

Yes…

So I simply say this:

Please, let us not again make the best the enemy of the good.

What the fuck are you on about, Jack???

Deadlock again will be easy, but reform will require compromise on all sides.

We should not throw away this golden opportunity to make a reform for which the original members of the PLP were fighting 100 years ago.

So what you’re basically saying is that you haven’t actually got a plan at all…

Conference, those early Labour MPs were the pioneers of a movement which has changed Britain for the better.

And that’s it?

They took their seats on the green benches of the House of Commons to fight for workers rights, and above all against grinding poverty and unemployment.

Yep, looks like it. We’re into the valedictory by the looks of things…

They, and all the millions of unknown heroes who have worked so hard for our movement down the decades, through dark days and often without reward, would be so proud today to see their party in its 10th year of successful government.

Oh fuck me, he’ll singing ‘Jerusalem’ in a minute…

Conference, we owe it to them as well as to the British people not to throw these achievements away. 

Ah, I see what you’re doing - you’ve changed the subject because you’ve nothing you can actually point to as an achievement as Leader of the House…

We must inject fresh energy and fresh momentum into our policies and our mission.

An actual honest to goodness idea or two might be nice as well…

Labour is the only party which can continue to change Britain for the better.

Yeah, and Daz is the only washing powder that gets clothes whiter than white - or is that Ariel? Persil? Surf?

Look, I know this the kind of thing you’re expected to say at a party conference, its just that it all rings a bit hollow at the end of speech that’s completely devoid of any meaningful content.

Labour is the party which has to lead the renewal of faith in politics.

Sorry to be a bit picky here, Jack, but how are you going to do that?

Labour is the party whose values are enduring and whose job is far from done.

And we’ll be getting on with it just as soon as we’ve managed to work out exactly what the fuck it is we’re actually going to do.

So to summarise, Jack’s ‘plans’ for reform of party funding and the House of Lords amount to cutting a deal with the Tories and Lib Dems to screw a big enough cash out of the state to pay for the party in between elections and cutting a deal with the Tories and the Lib Dems on reform of the House of Lords, although he has got the foggiest idea what that deal might actually be.

Or more simply, two matters of considerable constitutional importance will be nicely stitched-up by a cosy little political cartel in Westminster and fuck what the public think because they aren’t getting a say in matters - or rather not one that actually matters - and that’s British democracy at work for you…

…and they wonder why nearly eighteen million people can’t be arsed to vote for any of them…

2 Comments »

Like a number of other bloggers, including Blairwatch, Curious Hamster, Many Angry Gerbils, D-Notice and Dahr Jamail’s Iraq Dispatches (plus others listed at LCFM) I’ve decided to provide a mirror for a series of a documents, published by Craig Murray, which the UK government are trying to suppress by mean of using Crown Copyright.

You’ll find my own mirror by clicking the ‘Murder in Samarkand’ link in the sidebar.

For the record, although this a UK-based blog, in the sense that that’s where I live, it and all associated data and datafiles are hosted in the US by a US-based firm and under US law.

It is, therefore, my view that unless proven to the contrary in a US court of law, the mirror page and its contents, including the disputed documents, all of which were obtained legally, are made available on this site on the basis that that their publication here constitutes ‘fair use’ in line with US copyright law and the US First Amendment.

Update:

Add Pickled Politics to list of mirrors.

4 Comments »

I should preface this post with a rare - and brief - autobiographical note.

Although I work in community development, and have done now for more than ten years, I actually trained as a psychologist (organisational/human factors, not the ’sit down on the couch and tell me your problems’ variety). And like many people who trained in one profession only to move on and take up another, I still keep my hand in, from time to time, by skimming the professional/academic journals for items of interest, a couple of which form the basis for this article.

Ask most people to list the things that routinely driven them into a state of screaming frustration and somewhere near the top of the list you’re sure to find the word ‘incompetence’, more often than not this will be cited in the context of ‘bureaucratic incompetence’ and encounters with the kafkaesque world of officialdom where anything and everything seem purposely designed to prevent the individual obtaining a reasonable solution, answer of response to even the most basic of problems.

Over the years, much has been written, said, filmed and blogged on the subject of bureacratic incompetence..

It has influenced our common language - the term ‘jobsworth’ entered the English language sometime during the late 1960s/early 1970s, rapidly becoming the standard methods of describing one of least endearing denizons of the bureauicratic environment,  the minor functionary for whom ‘the rules’ are everything such that any deviation from them is ‘more than their job’s worth’.

It has spawned a language all of its own, one rich in euphemisms, disingenuity and dissembling: bureaucrats don’t have skills, they have core competencies, they never lie, although they may be economical with the truth, and, of course, no one is ever fired, sacked or made redundant, they are merely downsized or redeployed outside the company. And this, in turn, has spawned a game, which is called either buzzword bingo or bullshit bingo depending on your personal prefence, and given rise to the cultural phenomenon that is Dilbert, which manages to both take the piss unmercifully and yet still prompt people to put forward their own stories of real-world bureacratic incompetence and stupidity that are every bit as bizarre as anything that Dilbert’s creator, Scott Adams, can concoct for his cartoon strips or books.

Yet, for the most part, what captures the attention of most people are the bureaucratic systems that support and sustain the kind of incompetence on regularly encounters in bureaucratic organisations. It seems almost to be taken as read that in dealing with bureaucracies you will encounter people who are incompetent, stupid, venal and occasionally bordering on corrupt, and yet when we complain about such things we invariably blame the system for housing these people and for failing to hold them to account rather than the individuals themselves.

One can readily see how ‘the system’ works to avoid accountability and personal responsibility from this BBC report of Cabinet Secretary Sir Gus O’Donnell’s response to questions from Parliament’s Public Administration Select Committee about the recent foreign prisioners fiasco:

The UK’s top civil servant [O’Donnell] was questioned about the controversy by the Commons public administration committee.

He said it was sometimes difficult to divide policy, which was the responsibility of ministers, from "delivery".

"If you ask Charles Clarke, he was clear he takes responsibility for the department and all it does. Certainly from the civil servants’ side mistakes were made and we need to learn from that," he said.

Asked if civil servants should have resigned over the controversy, Sir Gus replied: "I’m not clear that there was sufficient direct accountability for that to be appropriate.

"This would have been assessed by line managers along the way and people will be looking at what lessons to learn and what staff changes are necessary."

A "wide range of officials" were responsible for "a number of jobs", he added.

Look carefully enough and you can sense the mental subtext behind O’Donnell’s comments:

Good god, man. If we had to get rid of everyone who screwed up we’d end up sacking half the damn department!

While it is certainly true that bureaucracies have, over time, evolved any number of subtle and sophisticated methods of avoiding responsibility for getting this wrong - amongst my personal favourites are collective decision-making, which ensures that no one is ever blamed for getting things wrong as no one person can be identified as having taken the decision that caused the problem, and process management* under which projects are judged successful if they follow the right kind of process, even if they fail entirely to deliver anything of consequence - this does not remove the personal dimension from consideration. Bureaucracies are staffed by people, and its the people that make the actual mistakes - the system only serves to cover-up these mistakes, allowing the incompetent to avoid any responsibility for fouling things up.

*Process management is, of course, the basis of the majority of ‘quality systems’, many of which aren’t actually worth the paper they’re written on. To give a perfect example, the Community Legal Service Quality Mark, which was set up by the government as a quality standard for providers of information, advice and legal services, assesses applicants on their processes and how well these are documented/implemented - the one thing it doesn’t assess, however, is whether the information/advice given is actually any good.

All of which brings me to what I really wanted to discuss here, the personal dimensions of incompetence and to two research studies: -

Unskilled and Unaware of It: How Difficulties in Recognizing One’s Own Incompetence Lead to Inflated Self-Assessments (pdf) by Justin Kruger and David Dunning of Cornell University, first published in 1999 in the Journal of Personality and Social Psychology, and

‘Why People Fail to Recognize Their Own Incompetence’ (pdf) by Dunning, Kerri Johnson & Joyce Ehrlinger (Cornell University) and Kruger (now University of Illinois),which was published in 2003 in Current Directions in Pshycological Science.

Of the two, the second ‘Why People Fail…" is a little more accessible being more of a review paper than ‘Unskilled and Unaware…", which is more strictly reseach orientated, and yet both make for fascinating reading.

Both deal with what might colloquially be referred to as ‘David Brent Syndrome’, where one encounters an individual with seeminging unshakable belief in their own ability despite it being patently obvious to the outside observser that they are manifestly incompetent and what both show is incompetence packs a double whammy in these people: not only do they consistantly over-estimate their own ability, skills and job performance, but they also consistant under-estimate the ability, skills and performance of competent people around them. They are, quite literally, blind to their own failings being neither capable of recognising their own incompetence or recognising competence in others, from which they could otherwise identify benchmarks against which to the assess their own ability, as the Kruger and Dunning study notes:

In essence, we argue that the skills that engender competence in a particular domain are often the very same skills necessary to evaluate competence in that domain—one’s own or anyone else’s. Because of this, incompetent individuals lack what cognitive psychologists variously term metacognition (Everson & Tobias,1998), metamemory (Klin, Guizman, & Levine, 1997), metacomprehension (Maki, Jonas, & Kallod, 1994), or self-monitoring skills (Chi, Glaser, & Rees, 1982). These terms refer to the ability to know how well one is performing, when one is likely to be accurate in judgment, and when one is likely to be in error. For example, consider the ability to write grammatical English. The skills that enable one to construct a grammatical sentence are the same skills necessary to recognize a grammatical sentence, and thus are the same skills necessary to determine if a grammatical mistake has been made. In short, the same knowledge that underlies the ability to produce correct judgment is also the knowledge that underlies the ability to recognize correct judgment. To lack the former is to be deficient in the latter.

Factor in a ‘business culture’ that insulates such individuals from criticism and personal accountability for mistakes and you have a perfect recipe not only for failure, but for repeated failures.

Consider, for a moment, the abysmal record of the public sector and particularly central government when it comes to large-scale information technology projects - a field in which, over the last few years, words like ‘on-time’ and ‘on-budget’ are almost unknown. In report after report by external auditors, the Audit Commission and the Public Accounts Committee, government departments have been castigated again and again for making the same basic mistakes in commissioning IT project to the point where government and the civil service are near legendary for their inability to adequately commission and project-manage technology-based projects.

I’m not going to go down the road of quoting large chunks of some of these reports in failed and failing projects but you can trust me that if you do track down and read a few of them you’ll find the same failings and same criticisms repeated over and over again, and yet nothing seems to change.

Why?

In part the system is to blame insofar as it protects individuals from the full consequences of failure - in the public sector, in particular, screw-ups that would result in an absolute blood-bath of sackings in a private company will often get written-off as ‘learning experiences’ while those responsible are either left in place, redeployed to other departments, taking their failings with them, or sometime even promoted on the basis of little more than having achieved the requisite ’seniority’ to merit a move up the ladder.

But equally it would not be true to suggest that such reports are simply ignored and not acted upon - they are. Departments are reorganised, recommendations are considered and implemented, systems are put in place, policies are written, action plans are drawn up and staff are redeployed and given training - and all to little or no appreciable effect.

Why? Because all the system, procedures, training and action plans in the world will not overcome the basic problem of incompetence, because non of these things actually teach people the one key skill they lack, the ability to distinguish between good and bad judgement, between accuracy and error.

One could ask, I suppose, why these people aren’t weeded out earlier their careers; why their incompetence is not  noticed sooner. Well that’s where the ‘Peter Principle’ comes into play, which holds that:

successful members of a hierarchical organization are eventually promoted to their highest level of competence, after which further promotion raises them to a level at which they are not competent.

Or more simply that:

In a Hierarchy Every Employee Tends to Rise to His Level of Incompetence.

However, this is not simply a function of promotion placing individuals into a more difficult or complex job, which they then fail to cope with, rather promotions may take an individual into a role which requires different skills to their previous job(s); skills that they don’t possess - the classic example of the Peter Principle is the worker whose excellence in their jobs gets them promoted from the factory floor into management, only for it become apparent that they are completely unsuited to such a role.

In short, incompetence only becomes apparent once an individual is placed in a situation where their failings are exposed and not before - they may even have been in a particular job for several years when that happens having either had their deficiencies masked by the work of colleagues/subordinates or simply never having faced a particular situation in which the skills they lack are some obviously essential.

There is much of interest to be gleaned from these two studies - just consider these passages for a moment:

However, we have found that people’s estimates of their performance arise, at least in part, from a top-down approach. People start with their preconceived beliefs about their skill (e.g., “I am good at logical reasoning”) and use those beliefs to estimate how well they are doing on any specific test. This strategy at first seems to be a good one—people who believe they have logical reasoning skill should have some basis for that claim—except for one fly in the ointment. People’s impressions of their intellectual and social skills often correlate only modestly, and sometimes not at all, with measures of their actual performance (Falchikov & Boud, 1989). Indeed, and perhaps more important, people just tend to hold overinflated views of theirskills that cannot be justified by their objective performance (Dunning, Meyerowitz, & Holzberg, 1989; Weinstein, 1980). Therefore, preconceived notions of skill can lead people to err in their performance estimates.

And…

The top-down nature of performance estimates can have important behavioral consequences. Women, for example, tend to disproportionately leave science careers along every step of the educational and professional ladder (Seymour, 1992). We began to wonder if topdown influences on performance estimates might contribute to this pattern. Starting in adolescence, women tend to rate themselves as less scientifically talented than men rate themselves (Eccles, 1987). Because of this, women might start to think they are doing less well on specific scientific tasks than men tend to think, even when there is no gender difference in performance. Thinking they are doing less well, women might become less enthusiastic about participating in scientific activities.

We put these notions to a test by giving male and female college students a pop quiz on scientific reasoning. Before the quiz, the students were asked to rate themselves on their scientific skills, and the women rated themselves more negatively than the men did. The students’ estimates of their performance on the quiz showed the same pattern, with the women thinking that they had done less well than the men thought, even though there was no gender difference in actual performance. Later, when asked if they would like to participate in a science competition for fun and prizes, the women were more likely than the men to decline the invitation. This reluctance correlated significantly with their perceptions of performance on the quiz, but not at all with actual performance (Ehrlinger & Dunning, 2003, Study 4). Perception of performance, not reality, influenced decisions about future activities.

This line of argument is one that has clear implications for the ongoing debate about the ‘gender pay-gap’ on which both Tim Worstall and Chris Dillow have made a number of interesting and rather sceptical observations about what often passes as the ‘accepted wisdom’ in this area - a selection of Tim’s commentaries can be accessed via this link while Chris’s take on matters can be accessed here - both links take you to Google search results, which is the quickest way of tracking down these articles - not least as it suggests that the observed differential, in women, between perceived and actual performance may well act as form of internalised ‘glass ceiling’ that influences women’s educational/career choices to the detriment of their real economic potential.

Intruiging as such lines of inquiry are, they are one’s that I much prefer to leave to those, like Tim and Chris, whose knowledge and understanding of economics far outstrips my own - if nothing else I can recognise the boundaries of my own competence in such matters. What I find more interesting is how these studies and question of individual and systematic incompetence may relate to certain facets of our currrent political and governmental culture and how they shape that culture in terms of what seems increasingly to be a prime objective of all those working in government - the avoidance of responsibility and accountability.

By tradition, when screw-ups happen in government, the buck stops at the relevant Minister, as Gus O’Donnell stresses here:

If you ask Charles Clarke, he was clear he takes responsibility for the department and all it does. Certainly from the civil servants’ side mistakes were made and we need to learn from that

This is an all-too typical response in such situations - civil servants must ‘learn from their mistakes’ but the Minister is the one who bears the actual responsibility for the foul-up.

Sometimes this is undoubtedly true - Politicians make policy and when it all goes pear-shaped, its found that policy if the cause of the problems. However it is still more often the case that when government screws thing up badly, the real fault lies in the incompetence of civil servants than in the failing of Ministers. By and large, the British political system remains relatively free of wholesale pre-meditated corruption/deception - few of the more notorious/egregious examples of governmental cover-ups over the last 30-40 years began with political decisions and/or politically driven conspiracies before the fact - the one fully documented case of such a conspiracy we have is that of the Chagos Islanders. Most such cover-ups develop after the fact and are devised to conceal cock-ups and errors of judgement committed by public servants - one thinks of the business of ‘arms to Iraq’ and the Scott Inquiry, Chinook ZD576 and ‘Gulf War Syndrome’ or even the furore over the sinking of the Belgrano*, where a simple failure to appraise Parliament of the true circumstances of its sinking at the first reasonable opportunity led to an entirely unnecessary cover-up and subsequent scandal out of all proportion to the actual event itself.

*The Belgrano has to be one tof he most unnecessary scandals in British Parliamentary history.

The short version of what happened was that a battlefield decision to sink the Belgrano was taken by a commander in the field who judged that its simply being at sea constituted a serious enough threat to British Forces to warrant its sinking. In the aftermath of the sinking an innaccurate narrative of events was given to Parliament - misleading the House being entirely permissable when British forces are engaged in combat on the grounds that one simply does not provide information in a public arena that may be of use to ‘the enemy’.

Where things went wrong was after the Falklands War was over. The Conservative government, faced with questions about the sinking of the Belgrano, chose to stick to the earlier, misleading, narrative of events rather than provide an accurate account of the real circumstances leading to its sinking, dug itself a hole in process and then kept digging in the face of further questions and speculation as facts emerged which contradicted aspects of the official line, not least the position and direction of the Belgrano at the time it was sunk.

Everything that followed, including the unsuccessful prosecution of civil service whistleblower, Clive Ponting, could have been avoided had the government simply told Parliament what had actually happened and explained that they could not give them the full story earlier as this would have compromised the safety of the British Task-Force.

The problem here is that the doctrine of Ministerial accountability often mitigates against holding civil servants to account for their own acts of incompetence.

Why?

Because Ministers rely on their civil servants for information and answers to questions about departmental performance and service delivery - in answering a probing question tabled a backbench MP, the answer given by a Minister has almost always been supplied to them by a civil servant whose interests, when it comes to matters of incompetence, are likely to be anything but that of giving a full, open and transparent response to the original question.

To be a government Minister is, to some extent, to become a hostage to fortune - civil servants never knowingly lie to ministers but they do omit information which might prove ‘inconvenient’ or open up lines of questioning that they would prefer to avoid. Ordinarily, one might suppose that such practices are fine so far as they go, until it become apparent to the Minister that a particular account they’ve been given is somewhat less than the truth, the whole truth and nothing but the truth, at which point the Minister in question would start asking a few awkward questions of their own.

But that’s not generally how thing turn out, usually because by the time it becomes apparent to a Minister that the official line they were given by civil servants is some distance from being the full truth, the official line has long since been conveyed to Parliament and entered into the official record to the extent that backtracking becomes near impossible without damaging the credibility of either the Minister, the department or both.

The most spectacular example of this in recent years has to be the case of Chinook ZD576, the history of which is covered here. What makes this case particularly interesting is that it spans a change of government such that the absurdities it demonstrates cannot be attributed to a single political party.

To understand the situation as it still stands today, allow me to quote from a letter written by Sir Malcolm Rifkind and published in the Sunday Herald in February 2002:

Last week a high-powered House of Lords select committee published its report into the 1994 Chinook air disaster that caused the deaths of the cream of British military intelligence. . .The select committee was chaired by the formidable Lord Jauncey, a former Lord of Appeal and a judge whom I know from my own experience to be a person of the highest ability and integrity. He was assisted by four colleagues, two of whom are distinguished QCs. They had no axe to grind and they approached their task with great professionalism.

They concluded, unanimously, that it would be wrong for the Ministry of Defence to maintain the finding of gross negligence against the deceased pilots of the Chinook made eight years ago by two senior RAF air-marshals. . .The immediate reaction of the government was made by armed forces minister Adam Ingram within hours of the publication of the report. He could hardly have had time to read it, but he appeared to dismiss it as containing nothing new. The implication was that the government would not budge.

That in itself would not run counter to any of the previous behaviour of the Ministry of Defence. There has already been a fatal accident inquiry, under a Scottish sheriff, which concluded that the finding of gross negligence was unsafe and should not be maintained. The government ignored that.

The Public Accounts Committee of the House of Commons, its most important select committee, has accused the Ministry of Defence of arrogance and called for the verdict to be put aside. They have been ignored for their pains. There have been various studies of the accident by aeronautics and com puter experts, all of whom have concluded that technical problems may have caused the accident. Their views have been dismissed.

To make matters worse, the RAF has changed its procedures so that never again will air-marshals be asked to allocate blame for air accidents. They will try to identify the technical causes of air accidents but leave questions of blame to the civilian courts. The Chinook case, therefore, remains a hangover from a discredited procedure, but the Ministry of Defence clings to the air-marshals’ decision with all the tenacity of a rottweiler.

I confess I have a personal interest in this case. I was the secretary of state for defence at the time the air- marshals reached their decision. I endorsed it and reported its conclusion to parliament. . .I recall being sad that the pilots were being blamed, but at that time I had no reason to question the conclusion of the RAF that gross negligence was the cause of the accident. These are highly complex and technical matters. A defence secretary has no more specialist knowledge of why an aircraft might have crashed than a health secretary would have on why a heart transplant had gone wrong. One must, to a considerable extent, trust the judgement of one’s senior advisers.

That’s the nub of this case - two air-marshals overruled the findings of the RAF’s own inquiry into the crash and inserted an unsustainable verdict of gross negligence (which amounts to manslaughter) against the flight crew who were killed in this crash and yet, despite a series of independent inquiries, including a House of Lords Select Committee, all which found against this verdict, the MOD has steadfastly refused to reconsider the verdict of the air marshals - a line which Ministers have consistantly followed in the House to the extent that one MP, James Arbuthnot, is still pursuing the matter to this day.

How does one get from this sorry situation to the two reseatch papers on the psychology of incompetence, well perhaps these extracts from the report of the House of Lords Select Committee may clarify matters:

135.  During the course of his evidence Sir John [Day] on more than one occasion emphasised that his conclusions were based on fact and not on hypotheses. It is therefore appropriate to look at some of the matters which he treated as fact. (Page references are to HL Paper 25(i).)

      (a)  "We know that about 20 seconds before impact with the ground the crew made a way point change" (Q 280, p 118 col 1). This figure which derives from the Racal report on the SuperTANS is based on a power down speed of 150 knots and a straight course from the WP change to impact at that speed. It is therefore at best an estimate and not a fact since the only factual evidence of speed at or after the change is the indication from the ground speed and drift indicator of 147 knots at initial impact (AAIB report, paragraph 7).

      (b)  "We know for a fact … that some four seconds before impact the crew started to flare the aircraft" (Q 280, p 117 col 1; Q 1088). Not so. The Boeing simulation, using assumptions now shown to be incompatible, produced this result. On no view could it be described as fact and there is no evidence either way as to what caused the aircraft to impact the ground in the position described in the AAIB report.

      (c)  "They had chosen to fly straight over the Mull of Kintyre, and we know that because they had set up this 1000 feet a minute ROC" (Q 301). There is no evidence that they had chosen to overfly the Mull, and indeed the making of the way point change suggests the contrary. Furthermore the 1000 feet a minute ROC derives entirely from the Boeing simulation with all its deficiencies referred to above.

      (d)  "What is for sure is that they were in a 1000 a minute cruise climb in that last 20 seconds before the final four seconds of flare" (Q 304). This is far from being sure given the deficiencies in the simulation already referred to.

      (e)  "We know they did not pull emergency power" (Q 311). Sir John later agreed that the impact could have destroyed any evidence of emergency power being pulled (Q 1097).

136.  An example of Sir John’s reliance on facts appears in the evidence given on his first appearance before us: "The judgment I have made about gross negligence is not based on what I think may have happened, it is based on what I know happened from the facts I have described to you" (Q 321). The majority of these "facts" were the matters referred to in the preceding paragraph.

However, the select committee had this to say about these facts in its conclusions:

148.  We consider that Sir John’s conclusions on this matter must be weakened by his reliance on matters which he treated as facts but which have been demonstrated to our satisfaction to be not facts but merely hypotheses or assumptions.

The actions of Air Marshals in this case fit the pattern of incompetence identified Dunning et al - he has grossly overestimated his own understanding of the evidence in this case and reached a judgment predicted primarily on his belief that his own experience vastly outweighed the judgment of the RAF’s own investigators - indeed when challenged as to why the Air-Marshals overruled the findings of RAF crash investigators and inserted their own judgement in its place, their reponse was to dismiss the finding of the investigators on the grounds that they lacked experience in such matters.

Chinook ZD576 may be an extreme example of government and the civil service go about the task of protecting the incompetent, but it is far from being unique - indeed one has to wonder just how routine an occurance it actual is?

The other aspect of incompetence I want to raise is directed more specifically at politicians and wider political culture in general, or to be more specific one aspect of that culture which has come to dominate the political scene over the last 30 years or so, and that’s the ‘cult of strong leadership’.

Since the late 1970s politics, and particularly success in elections, has increasingly come to rest on public perceptions of leadership, both here and in the US - all the beginning of this in the US can more properly be traced back to at least Kennedy’s victory over Nixon in 1960. This leads to a rather intriguing observation about winning elections, or more precisely about winning successive elections, which is simply that over the last 30 years, in both Britain and the US, the politicians who have succeeded in winning successive elections have, almost uniformly, been those who most conveyed an image of having almost absolute self-belief in their ability - Reagan, Clinton and George W Bush in the US and, of course, Thatcher and Blair in the UK. Conversely on the two occasions where an incumbent failed to secure reelection , George H W Bush and John Major, both were markedly more self-effacing in character than their opponents, Clinton and Blair.

But, as the research into incompetence seems to demonstrate, this quality of absolute self-belief in one’s own ability is often a sign of incompetence and, in particular of its ‘double curse’ in which one not only fails to see one’s own failing but also cannot recognise the competence of others.

When one thinks about how such a character trait might manifest itself in someone who attains high office, such as becoming President or Prime Minister, one has to think that one of its more striking effects would be to condition the individual to take an extremely hands-on approach to their role, Being far more inclined to trust their own judgement than that of others whose competence cannot be assured, such an individual would inevitably tend to centralise the authority of government on themselves. In fact the more their administration ran in to problems the more they would respond by taking on even more responsibilty for and control of decision-making processes in government - after all, if, for example, the Home Office cannot manage to deport foreign prisioners on release, thereby proving itself incompetent, does that not also prove that the judgement of the Home Secretary responsible for that department cannot also be trusted - and if one cannot trust the Home Secretary’s judgement, well who else’s can you trust but your own.

The US system to some extent mitigates against such scenarios by limiting Presidents to two four year terms of office - even if the American peiople do succeed in electing an incompetent President, they’re rarely around long enough for the full extent of their incompetence to become fully apparent. That coupled with mid-term congressional elections which often leave the opposition in control of the Senate and/or House of Representatives for the last two years of the Presidential term, effectively preventing the President for doing anything that might really stuff things up, tend to the limit the potential damage that an incompetent President might do were they to go the full eight years with their full powers and support intact.

Britain has no such check and balances - a successful Prime Minister can go until either the electorate - or their own party - get sick of them and decide its time for a change…

…which when you look at the circumstances of Thatcher’s fall from grace and Blair’s increasingly difficult situation prompts an interesting question.

To what extent can Thatcher’s downfall and Blair’s current problems be attributed to each of them reaching the point of their own incompetence?

Of course, the clincher in Thatcher’s case was the Poll Tax, but in terms of finding something which both reflects the overall character of the Thatcher government during its final years and which could be construed to support an ‘incompetence’ hypothesis, perhaps this closing section of Geoffrey’s Howe’s resignation speech from November 1990 might prove illuminating:

There is talk, of course, of a single currency for Europe. I agree that there are many difficulties about the concept–both economic and political. Of course, as I said in my letter of resignation, none of us wants the imposition of a single currency. But that is not the real risk. The 11 others cannot impose their solution on the 12th country against its will, but they can go ahead without us. The risk is not imposition but isolation. The real threat is that of leaving ourselves with no say in the monetary arrangements that the rest of Europe chooses for itself, with Britain once again scrambling to join the club later, after the rules have been set and after the power has been distributed by others to our disadvantage. That would be the worst possible outcome.

It is to avoid just that outcome and to find a compromise both acceptable in the Government and sellable in Europe that my right hon. Friend the Chancellor has put forward his hard ecu proposal. This lays careful emphasis on the possibility that the hard ecu as a common currency could, given time, evolve into a single currency. I have of course supported the hard ecu plan. But after Rome, and after the comments of my right hon. Friend the Prime Minister two weeks ago, there is grave danger that the hard ecu proposal is becoming untenable, because two things have happened.

The first is that my right hon. Friend the Prime Minister has appeared to rule out from the start any compromise at any stage on any of the basic components that all the 11 other countries believe to be a part of EMU–a single currency or a permanently fixed exchange rate, a central bank or common monetary policy. Asked whether we would veto any arrangement that jeopardised the pound sterling, my right hon. Friend replied simply, "Yes." That statement means not that we can block EMU but that they can go ahead without us. Is that a position that is likely to ensure, as I put it in my resignation letter, that

"we hold, and retain, a position of influence in this vital debate"?

I fear not. Rather, to do so, we must, as I said, take care not to rule in or rule out any one solution absolutely. We must be seen to be part of the same negotiation.

The second thing that happened was, I fear, even more disturbing. Reporting to this House, my right hon. Friend almost casually remarked that she did not think that many people would want to use the hard ecu anyway–even as a common currency, let alone as a single one. It was remarkable–indeed, it was tragic–to hear my right hon. Friend dismissing, with such personalised incredulity, the very idea that the hard ecu proposal might find growing favour amoung the peoples of Europe, just as it was extraordinary to hear her assert that the whole idea of EMU might be open for consideration only by future generations. Those future generations are with us today. How on earth are the Chancellor and the Governor of the Bank of England, commending the hard ecu as they strive to, to be taken as serious participants in the debate against that kind of background noise? I believe that both the Chancellor and the Governor are cricketing enthusiasts, so I hope that there is no monopoly of cricketing metaphors. It is rather like sending your opening batsmen to the crease only for them to find, the moment the first balls are bowled, that their bats have been broken before the game by the team captain.

The point was perhaps more sharply put by a British business man, trading in Brussels and elsewhere, who wrote to me last week, stating :

"People throughout Europe see our Prime Minister’s finger-wagging and hear her passionate, No, No, No’, much more clearly than the content of the carefully worded formal texts."

He went on :

"It is too easy for them to believe that we all share her attitudes ; for why else has she been our Prime Minister for so long?"

My correspondent concluded :

"This is a desperately serious situation for our country." And sadly, I have to agree.

The tragedy is–and it is for me personally, for my party, for our whole people and for my right hon. Friend herself, a very real tragedy–that the Prime Minister’s perceived attitude towards Europe is running increasingly serious risks for the future of our nation. It risks minimising our influence and maximising our chances of being once again shut out. We have paid heavily in the past for late starts and squandered opportunities in Europe. We dare not let that happen again. If we detach ourselves completely, as a party or a nation, from the middle ground of Europe, the effects will be incalculable and very hard ever to correct.

In my letter of resignation, which I tendered with the utmost sadness and dismay, I said :

"Cabinet Government is all about trying to persuade one another from within".

That was my commitment to Government by persuasion–persuading colleagues and the nation. I have tried to do that as Foreign Secretary and since, but I realise now that the task has become futile : trying to stretch the meaning of words beyond what was credible, and trying to pretend that there was a common policy when every step forward risked being subverted by some casual comment or impulsive answer.

The conflict of loyalty, of loyalty to my right hon. Friend the Prime Minister–and, after all, in two decades together that instinct of loyalty is still very real–and of loyalty to what I perceive to be the true interests of the nation, has become all too great. I no longer believe it possible to resolve that conflict from within this Government. That is why I have resigned. In doing so, I have done what I believe to be right for my party and my country. The time has come for others to consider their own response to the tragic conflict of loyalties with which I have myself wrestled for perhaps too long.

What makes this interesting is not the policy issues - one can easily dispute Howe’s assertions about monetary union and the ERM being right for Britain - but the overall picture it paints of conditions within the Thatcher government of the time, particularly here:

The first is that my right hon. Friend the Prime Minister has appeared to rule out from the start any compromise at any stage on any of the basic components that all the 11 other countries believe to be a part of EMU–a single currency or a permanently fixed exchange rate, a central bank or common monetary policy. Asked whether we would veto any arrangement that jeopardised the pound sterling, my right hon. Friend replied simply, "Yes."

Where she appears to have unilaterally taken a policy stance on the matter that not only do senior members of her cabinet disagree with, but about which they appear to have had no knowledge whatsoever until she made the statement to which Howe refers.

Over the last year, since winning the general election, one can see much the same characteristic emerging from the Blair government. Although no one has, as yet, done a ‘Geoffrey Howe’ on Blair it seems clear that more and more policy is being driven entirely from the Prime Minister’s office with the expectation that even senior ministers will fall meekly into line and simply do as they are told by the PM, whether they agree with him or not - there have certainly been persistant rumours that both Charles Clarke and Ruth Kelly, while Home Secretary and Education Secretary respectively, were extremely unhappy with elements of the policy hand being dealt to them by Blair but had their objections more or less summarily dismissed, meanwhile, as the recent reshuffle made apparent, Blair has chosen to surround himself with as many loyal supporters as humanly possible in a government where there is a heir-apparent waiting in the wings - it may be a little harsh to characterise some of these people simply as ‘yes men’ but it does seem to be the case that Blair has substantially stripped away from the core of government those whose judgment fails to coincide precisely with his own or who are likely to put forward alternatives to his preferred policy position on key issues.

The question has to be asked, therefore - has Blair exceeded his own competence as Prime Minister?

While he obviously retains all his presentational skills of old and remains a formidable performer on the floor of the House, in terms of policy his agenda for his final term in office is much less conservative and much more demanding than anything put forward in the bulk of his two previous terms and this may well be the tipping point beyond which he falls prey to the double curse of incompetence being neither able to correctly assess the validity of his own judgements nor recognise competence in the judgments of others.

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