Archive for ‘Parliament’ Category
Citizens of mature democracies frequently complain about politics and politicians, whether it is the influence of money in politics, the rise of corporate lobbyists, or outright corruption, but they often simultaneously retain a strong faith in the actual political institutions that govern over them. The citizens of the United States are no exception in this regard. More often than not they hold a genuine belief that their system of government itself, framed as it is by a constitution written over two hundred years ago, is fundamentally good.
What exactly is it that our American friends believe to be good, even superior, about their system of government? It is founded on a division of powers that is supposed to guard against radical or rapid-fire policy-making, an in-built conservatism that is compounded by federalism. Presidential power is checked by Congress, and presidentialism, it is argued, is further superior to parliamentarianism because electoral terms are fixed, meaning that they can’t be messed about with for political purposes. Supporters of the US system will even work to defend the politically appointed nature of the public administration in terms of democratic accountability, cutting across the power of the career bureaucrat who runs rings around members of parliament in an effort to expand his or her own power base.
The Trump presidency has defied those conventions to the point that people are talking about an incremental or “quiet coup” in the US. The concern is that his circumvention of traditional White House practice is designed to consolidate power in the Oval Office at the expense of the legislature and judiciary. But there is more to it than rule by decree: the problem with President Trump’s behavior rests partially with him and partially with the system that allowed him access to power.
Beyond the pernicious influence of corporate money and the venal nature of the Beltway elite, the first two weeks of Donald Trump’s presidency shows that something is rotten about the state of the US political system. Institutions are only as good as the customs, practices, and arguably even the wider political culture in which they are embedded. The rule of law, it turns out, is not as robust as the myth would have it, at least not when it comes to placing restraints of Executive Authority. What many have assumed were legal requirements surrounding the behaviour of a US president are in fact only long-term practices, traditions, and even “understandings” that President Trump has wasted no time ignoring. Add the fact that every other President in modern history was disciplined into exercising political self-limiting behaviour through experience with public service of some kind, which Trump does not have as a personal or professional attribute, and then it is fair to say that the system of government itself is in a state of decay.
The premise upon which the US presidential edifice once stood was the notion of executive self-limitation (or self-restraint). A core tenant of democracy, self-limitation in the presidency means that the president will not stretch or ignore customary norms to advance his own agenda, nor will he put his interests above those of the nation. The assumption is that once president, individuals will subordinate their own interests to those of the nation even if it means refraining from taking advantage of the office for personal or abjectly partisan gain. Even if historical practice has shown that presidents push the margins of this tradition, none have shown such a blatant disregard for it as has Mr. Trump.
This points to a fundamental weakness of the US presidential system. Rather than being constrained by strong institutional boundaries and legally defined limits to what can and cannot be done, the US presidency assumes goodwill and an interest in consensus and compromise in pursuit of collective good on the part of those who occupy the Oval Office. In past practice, that has largely been the case. Those who have taken the oath of presidential office have voluntarily fitted into the strait jacket of institutional weight and national history and have generally conducted themselves within the customary limits of Executive Authority.
The customary limits of US presidential authority rest on horizontal and vertical accountability. The former involves executive accountability to the other branches of government. The latter involves presidential accountability to the electorate, the media and the federal bureaucracy under executive control. The assumption is that presidents will acknowledge their responsibilities on both dimensions and act accordingly when it comes to issues of transparency and oversight.
That is not the case now. President Trump has set out to redefine limits of presidential authority in order to implement his campaign platform unchecked by either form of accountability. He has ignored Congress, challenged (and vilified) the courts and federal agencies when signing executive orders or pushing his version of events and has selectively turned on the media with the full weight of his office (since, among other media-related issues, providing such things as regular and open briefings to the entire White House press corps is a courtesy, not a requirement). He claims that he speaks directly and answers to “the people” alone and that his actions in office are justified by his electoral mandate. This represents an example of what Spanish political sociologist Juan Linz called the “authoritarian temptation” of presidential systems: those in presidential office can, if they wish, use that office to impose by executive fiat unilateral approaches to policy-making while ignoring the conventional trappings of presidential accountability (before dispensing with them altogether). As the first amongst equals, the president can ignore or by-pass Congress when expedient and can seek out judges that will uphold his policy vision under legal challenge (and look to replace replace those that do not). And since it is the president who appoints senior staff throughout the US federal bureaucracy, it is the president’s unvarnished wishes and desires that are channeled first when it comes to translating policy into practice.
In other words, presidential systems facilitate the rise of what is known as “electoral authoritarianism” whereby a freely elected democratic president uses the privileges of office (such as Executive Orders and Decrees) to consolidate power at the expense of the other two branches in order to then unilaterally impose undemocratic policies on society. From Peron to Chavez to Dutarte to Mugabe and Putin, the historical record is replete with cases of presidential systems that started out as freely elected but inevitably turned authoritarian while maintaining a façade of electoral legitimacy and some measure of populist appeal.
This is an inherent flaw of presidential systems as much if not more than that of any one individual.
In the case of president Trump there is a twist, and its name is Steve Bannon, the president’s closest advisor. The former publisher of the white supremacist, anti-Semitic conspiracy web site Breitbart, who was a link between Russian operatives and the Trump camp during the campaign, has been appointed White House chief strategist and made a Principal of the National Security Council at the expense of the Chairman of the Joint Chiefs of Staff and Director of National Intelligence (both of whom were demoted). Having previously spoken of “smashing the system” and author of the phrase “draining the swamp,” Bannon sees Trump as an empty vessel into which he can pour his ideological agenda. It was Bannon and another former Breitbart editor, Steve Miller, who wrote both the dark Inaugural Address (“carnage in America”) and the Executive Order banning refugees and citizens of seven Muslim-majority states. It is Bannon who shapes the Trump worldview and who sets the policy agenda in the West Wing.
Bannon sees the world as immersed in an apocalyptic struggle between traditional Western values and usurpers from Asia and the Middle East. He sees liberal democracies as weak and ineffectual, trying to be all things to all people and masters of none. His vision foresees a final confrontation between the dark forces aligned against the West and the last bastions standing to defend it: the US and Russia. In fact, he has predicted and advocated for US wars with China and Islam on the premise that the US has arrived at its “4th Turning:” a period, like the Revolutionary, Civil and Second World Wars, where the US remakes itself via existential conflict into a new and revitalized state after a period of economic, cultural, social and political decline. Since Bannon believes that the US retains a measure of strategic superiority over both of these perceived rivals at this point in time but is at risk of losing that advantage, his timeline for war is short and his preferred approach is to initiate conflict while the US strategic advantage still holds.
Bannon understands the weakness of presidential systems that rely on self-limiting voluntarism for commonweal governance. He knows that presidential systems allow for much more executive initiative and discretion when pursing policy, including the use of force. He sees a window of opportunity in the form of a Republican controlled Congress with a self-serving leadership and a disorganized Democratic opposition.
In view of these institutional conditions, rather than honor tradition he has moved to exploit it. Trump serves as the perfect vehicle for his shadow agenda and the Republican Party plays along because it feels that it can get something in exchange (such as presidential support for its legislative agenda, including repeal of abortion rights and the Affordable Care Act as well as pro-business tax reform).
Bannon would not have as much influence if he was not operating in a presidential democracy in which custom and tradition rather than legally defined codes of conduct were the norm. In fact, without legally defined institutional constraints, norms are not enforceable when incumbents decline to engage in self-limiting behavior.
In the US presidential system the only real check on executive authority is the court system. Although Congress can pass laws that compel or otherwise restrict aspects of presidential behavior (like the current bill requiring Steve Bannon’s appointment to the NSC be subject to Congressional approval), the highly partisan nature of the US federal legislature, including on the subject of presidential impeachment, makes passage of such legislation difficult and subject to legal challenge and/or reversal. In the unlikely event that Congress orders the president to adopt a specific norm or practice, the matter will inevitably wind up in court.
So the court system has the last say on how US presidents should behave, but that is on a case-by-case basis. Moreover, in truth US courts are more arenas of contestation that determinants of adjudication. The real check on executive behavior comes in the form of litigation (and the threat thereof), but in order to litigate the limits of presidential power, legal challenges must be phenomenally well funded and argued. Even state governments may find themselves unable to sustain legal challenges to executive action in the face of the federal authorities’ determination to defend presidential prerogatives. Public interest groups, law societies, religious,ethnic, business and labour organisations, NGOs and CSOs have even less resources with which to fight the Executive Branch, so the path of legal challenge is institutionally skewed in the president’s favour.
All of which is to say that Donald Trump’s behavior as president is as much due to the nature of the political system into which he is inserted as much as it is due to his sociopathic personality.
This does not mean that parliamentarianism is always the preferred democratic system. Many variables come into play when determining which system of representation is best suited for a given polity. But what is clear is that custom and practice are no substitute for the rule of law when it comes to government institutions as well as citizens, and in that regard, it is the system not the people who have failed when it comes to preventing the excesses now dominating the White House.
This essay began as an exchange of notes with Kate Nicholls, who teaches at AUT.
So, John Key decided to resign rather than lead his government into an election for a fourth term. Some amongst the opposition are gloating and speculating about the reason why. As someone who did not appreciate the US Right gloating over Drumpf’s election, I would simply say to my Lefty friends that there is such a thing as decorum, and that the best thing to do now is to be gracious and plan for a hard run at winning the 2017 election.
Let’s be honest. John Key is a formidable politician. When it comes to the Opposition, he came, he saw, he kicked a** and took names, then quit while he was on top. His timing is impeccable. He never lost an election and his party never lost a general election while he was leader. He saw off Helen Clark, then dispensed with Phil Goff, David Shearer, David Cunliff and Andrew Little. In fact, at times it seemed like he was just slapping the Opposition Leader around like a cat plays with mice. Nothing burst his matey aura and kiwi-style “aw shucks,” charisma–not inappropriate touching of women, not his his radio lechery and vulgarity, not his ineptitude when it coms to responding to natural and man-made disasters, not influence peddling by his cabinet, not his going to watch high school baseball games in the US instead of attending the funerals of NZ soldiers killed in action in an (some would say futile) Afghan conflict that he sent them to, not selling off state assets, not negotiating trade agreements against the popular will. The guy is the ultimate Teflon John.
For that reason his resignation is a huge gift to the Opposition, as National would have won easily had he stuck around. Now the issue is whether this was a long-planned move, in which case National will have a succession strategy in place, or whether it was a sudden move forced by something like a serious illness in the family. If it is the latter, then the Nats have no strategy in place and the knives will come out amongst the various factions vying for the leadership. Just think of it: Collins versus Bennet versus Joyce versus English versus Bridges versus Coleman versus Brownlee versus assorted lesser lights and hangers-on. It will be epic, but Labour needs to just let them fight it out while it develops a sound policy platform for all Kiwis (capital gains tax, infrastructure development, immigration policy, etc.).
If this is a planned move and a succession strategy and electoral agenda is already in place, then Labour and its potential allies are behind the eight ball. Whoever is chosen as next National Party Leader will want to make a positive policy impact in an election year, and with National controlling the purse strings while in government until then, it is clear that it will use the advantages of incumbency to the fullest. It is therefore imperative that Labour and other opposition parties anticipate and develop a counter-proposal to whatever is going to be offered. That is a big task.
Gloating about Key’s departure just shows a lack of class, just like going hysterical about Michael Wood’s win in the Mt. Roskill by-election is reading waaaay too much into it. The general election next year is still for National to lose, and quite frankly from what I have seen of Labour recently, it is not as if it is positioning itself as a fresh alternative with a raft of innovative policy ideas. That is why it is time to get cracking on the latter.
Not so sure what the Greens intend to do, but if the announcement of their new candidate in Auckland is any indication, they are regressing rather than progressing. Time to re-assess my party vote.
It is said that the Mana and Maori parties are in talks to merge. Cue Tui ad here.
Winston First is already bleating about sinister reasons behind the PM’s departure. I say who the **** cares? He will be gone by the time the s**t hits the fan if it in fact does, so the best course is to offer viable prescriptions for a better future rather than assign blame. But then again, that is what Winston does.
I do not much like the Mr. Key or his government. His “attack the messenger” tactics of smearing decent and honest people grates on me because among his targets are people I know, including friends of mine. His politics are retrograde and money changers are about profits rather than average people, so his was a government destined to reward the upper crust rather than the plebes. But I know a good politician when I see one, and John Key was a very, very good politician.
So lets thank him, however forcedly, for his service, recognise his domination of the political landscape while in office and concentrate on making sure that his would be heirs never get close to Level 9 of the Beehive.
PS: Key says that there is no scandal and that everyone’s health is fine. So his decision to suddenly leave was deliberate and yet done as a surprise. He has, in effect, shafted his own caucus. Some think that doing so before Xmas leaves Labour in disarray. I would argue that Labour is no worse for the timing of his announcement and instead has more time to get its election campaign platform together. For whatever reason, it is National that was the target of Key’s move. Either the lure of a lucrative Blair-type post-politics career was to too much to resist, or perhaps he just got sick and tired of his National fellow travellers.
Posted on 12:05, September 22nd, 2016 by E.A.
It might be the pain medication talking, as I have spent the last few days off work with tooth “issues” (googling “home dentistry” and popping pain medication like candy), but it seems like our current round of infighting in parliament occurred only because the PM was out of the country.
Like the plot of a bad teenage movie, the parents are going to be out of town and the kids have some high-jinks planned while they are away.
One can imagine John Key giving his parliamentary spawn one of those “looks” that parents give to their kids before he hopped on his plane and jetted out of NZ.
But as the plane departs into the sky one can also imagine the kids slowly turning to each other before breaking into wild grins and running around, like dogs off their leashes, free to get into whatever mischief their little heart’s desire.
Of course parents often leave one child in charge, bearing the responsibility of making sure the house does not burn down, no one kills anyone else and to prevent the squabbling that occurs when enough childlike egos congregate in one place, without any parental oversight, to achieve critical mass which descends into the inevitable ruckus where parents are then forced to wade into.
But, like the plots of the afore mentioned movies, the ability of the one responsible voice to keep calm in a sea of chaos, is but a momentary note before dark clouds gather and the whole tea party goes over the cliff.
So what are we to make of the current flap between Winston Peters, the Maori Party and National; the Kermandec issue and the MPI scandal?
First and foremost it’s very clear that Winston has taken the opportunity to flex his political muscles and remind the government who will be calling the shots in 2017 if National does not make a clean sweep of the polls. It might not have been deliberately timed to coincide with Key being away but it sure looks like it.
And while the government and the Maori Party have good reason to be miffed they have played into Winstons hands by publicly firing back at him. Winston gets to bank some more credibility with the NZ First faithful by sticking it to the Nats and “those bloody Maori” while giving all and sundry a taste of what will happen if Winston is kingmaker in next year.
Meanwhile Bill English, hereby designated as “the responsible one”, rapidly shoved Nick Smith aside as what seemed like a done deal on the Kermadec Marine Sanctuary turned to custard and Smith proved about as useful as a chocolate fireguard on the negotiating front over fishing rights for Iwi.
Now again it might be the meds twisting my perception but my reading of the Governments logic behind the situation was this: “Maori and the Maori Party wont deal with us on the fishing rights issue and don’t agree with it so we won’t bother consulting them and just keep on trying to run this through”.
If this is the case can someone please explain what exactly were they thinking? Were they just simply unaware of this being a potential minefield of an issue or were they expecting Maori to just simply go along with this and say nothing.
In many ways it was a delicate issue from the get go with definite winners and losers no matter how it was played out and in effect, as others have pointed out, may be foreshore and seabed of this government.
Add to this Andrew Little suddenly deciding to pull Labour support for the sanctuary, and in the process giving Chris Finlayson and backhanded compliment by calling him a talented Treaty Negotiations Minister when queried about what Labour would do if they became government (which translates into “they got themselves into it, they can get themselves out of it”) and you have a right royal muck up with National now caught between its own supporters, the Maori Party and other opposition parties and with no easy solution to fix this.
And if that was not enough we have the MPI scandal just coming to a boil with phrases like “industry capture” being thrown around and NZ First making further political hay by calling for a commission of inquiry as well as other parties swinging the bat at the government piñata.
Based on a leaked report there now seems to be enough ammo to fire off more than a few shots at government, MPI and the fishing industry (including Maori owned fisheries) to make headlines well into 2017 (although I fully expect the government to throw MPI under the bus much like the CERCO prison scandal except that Nathan Guy won’t get corn holed as badly as Sam Lotu Liga was).
None of these issues are directly related but in my medication clouded mind they seem to have some linkage simply because it’s either fishing rights, fishing, Maori or the Treaty as the common thread between them all.
What is clear is that John Key will have a mess to clean up when he gets back (if he can).
Its a rant, no denying it.
I tried, I really tried.
Firstly I ignored all the reports coming out of Dunedin in the wake of Winstonfest 2016 that it will turn into a cat fight between Ron Mark (long serving but foul mouthed NZ First 2IC) and political mercenary Shane Jones over who will succeed Winston when he finally steps down (whenever that actually is) in one of the more interesting cases of “get your hands off my man!) We have seen in a while.
I turned the other cheek to Colin Craig’s sleazy behaviors being exposed in the press. If his chances of being an MP were slim to none before they are effectively nil now as it looks like his fellow party members (Christine; she of the extravagant spending while a civil servant, Rankin) are more than willing to publicly twist the knives in his back; also the man writes love notes with about as much passion and enthusiasm as a politically conservative Christian businessman running for office, oh wait…
But it got harder after John (I for one welcome our new reptilian overlords) Key blamed kiwi workers being lazy and drug addled as the reason for National having the immigration policies it does. Key (no pun intended) point: importing low skill workers under the guise of student and other visas allows employers to drive down wages and places anyone not willing to work for the same pay and conditions in employment limbo*. This is the equivalent to shooting someone in the foot and then complaining that they can’t walk.
By Wednesday it was getting much more difficult to tune out the noise when the government announced that it was spending 24 million dollars on housing in Auckland when the average house price was now “one meellion dollars” (which as many commentators gleefully pointed out) meant that there would be just another 24 houses up for grabs; Winston Peters decided that hypocrisy was the better part of valor (by taking someone’s money and then accusing them of being a front for the National Party); the Auditor General cleared the Niue hotel deal (but did admit that their hands were tied and their range of investigation limited); the Chiefs found themselves unable to say sorry to the one person they really needed to say sorry to (showing how much our sporting culture remains a bastion of macho BS); the blather about Helen Clark at the UN continued despite it being made clear she is not the preferred candidate (get over it, she is not going to be Sec Gen); Andrew Little called for Nick Smith to resign (about as useful as firing the captain of the Titanic after it hit the iceberg) and our beloved PM now saying NZ and OZ are still BFF’s (despite OZ deporting back all those its deems no longer BFF and treating kiwis living there like second class citizens). I had to laugh though when the Stuff article reporting this had to include an explanation of what a BFF was.
But what finally sent me over the top was watching parliament go into melt down over the housing situation with question time being cancelled and the government fumbling the ball as the process was hijacked by the opposition. Of course it’s not one of those overseas style parliamentary melt downs like they have in Taiwan or the Philippines with legislators throwing chairs, starting bonfires in the middle of the chamber or fist fighting in the aisles (although I would have tuned into parliament TV if such things were scheduled) but just some filibustering which will peter out sooner or later.
The reason why this particular event, in a week of hard core political gibberish sent me over the top was that it perfectly encapsulates the reason why we are in the situation in the first place.
The Housing Hernia continues to grow and the chances of all this shouting and filibustering (or for that matter any wet-paper bills) actually producing a solution are zero. We have been there and we have passed the point where this process is manageable by some quick fixes or legislative tweaks and we are now heading into territory marked more by backbiting, squabbling, lots of weasel words and no actual action on the matters at hand.
You would almost think that campaigning for the 2017 election had started but this is really just a small hint of what the 2017 election will be like. If you thought that vapid hot topics and political push button issues were going to have our politicians shouting, parading and grandstanding like no tomorrow now then you ain’t seen nothing yet!
And this is the state we are in today: political ineptitude and inaction; corruption and tabloid sleaze; empty political gestures over any genuine action; political infighting; low quality political journalism as a substitute for discourse (I get the irony of writing that) and issues which need genuine attention not more political verbiage.
The summation of the situation came to me last week, as I and several co-workers were in a taxi crawling out of Auckland’s CBD towards the airport, knowing that we had given ourselves over an hour to get to the airport but still not sure if we would make it, by the taxi driver who summed up Auckland’s transport problems in one succinct sentence.
“Auckland’s roads were built when Auckland had about 800,000 people living in it, today its about 1.4 million people and by 2020 it’s expected to have 2.2 million people but all attempts to fix the roads or improve transportation have been blocked or failed.”
Even if those numbers are out somewhat the metaphor remains painfully correct and applicable to NZ at large.
In areas like immigration, housing, the environment and all the rest we are now in a state where what we had is no longer able to cope with what we have got and the people responsible for sorting these problems out (those we elect to run this country for us) remain either unwilling (in the case of National clearly captured by those who are making coin of our current misfortune) or unable (in the case of Labour being too busy sucking up to potential voters and their mortgages to ever rock the boat) or putting their own personal gain over the general welfare of the country (Winston, Peter Dunne and the rest of the gumboots) to do anything about it.
So with that in mind I am no longer able to refrain from comment (I really wanted to keep on with research on Asia for upcoming posts and not get sidetracked). I assume that this week is a combination of moon, tide, weather, biorhythms, the stock market and all sorts of other factors which have produced the political crapfest this week has been so far, and its only Thursday!
And it’s the tone of events which is the most ugly, like other countries the problems are piling up and those supposed to be in charge are turning out to be incompetent middle managers at best and corrupt clowns at worst (I favor the latter).
All of this points to the 2017 election being a real watershed election as these issues won’t go away between now and then and will surely continue to worsen while the clowns continue to bicker over ticket prices to the circus while the tent burns.
I won’t play the doom scenario card too much but we live in interesting times to say the least and calls for action continue to grow. Our current political model is not working very well but will we get any viable alternatives?
Come campaign time I expect all of these little hot potatoes to remain hot and a lot of promises to be made to fix them to an electorate which will be in an ugly mood and in no mind to hear political and economic catamites parading around shouting dogma as solutions to rising waters. Dirty politics will be front and center and media manipulation will be all over the place.
The outcome? Polarization and a parliament less and less able to address the issues (under a minority Green/Labour government with Winston staying neutral) or worse Winston backing our dear leader Key followed by further economic shenanigans from his minions for another three years (imagine the housing hernia in three years time!) or the unthinkable and a Green/NZ First/Labour hate triangle of rivalries and poison looks until its inevitable implosion.
But we kiwi voters are not blameless in this, we tolerate this state of affairs and we continue to vote for the same ugly faces, their ugly messages and their ugly acts. We are as stained and muddled as those filthy beasts in Parliament. Politics has made monsters of us all!
*- The fact that Barry Soper in the Herald felt that such a position had some merit shows how pernicious such BS attitudes are as well as highlighting how out of touch Soper is to the reality of situation (but then I never really liked his reporting anyway).
When people think about coups d’etat, they tend to think about armed interruptions of the constitutional order, usually perpetrated by the military against an elected government. Such was the case with the abortive coup staged by elements of the Turkish military against the government of Recep Erdogan last July. Note that I do not say “democratically” elected governments, as usurpations of the constitutional order can also happen in electoral authoritarian regimes such as that of Hosni Mubarak in Egypt in 2011 (only to be followed by a “full” coup against the subsequently elected Muslim Brotherhood government of Mohamed Morsi in 2013).
The traditional origins of such forms of regime change, known as golpes de estado in Spanish, do in fact hark back to military interventions against civilian governments, and that remains its most common form. But another form of coup has emerged, minus the bloodshed and state of emergency so often associated with military-led coups (I say military-led because it is very seldom the case that the armed forces act alone when moving against the government of the day). Rather than an interruption and suspension of the institutional process by military means, it is a usurpation from within the institutional order by constitutional means. Rather than bullets fired by soldiers it is ballots cast by politicians that overturn the will of the people prior to scheduled elections. The insurrectionists belong to and work within the political system. This is what is now known as a constitutional coup. In order to understand this new form of “golpismo” we need to consider two background factors.
First, liberal democracy comes in two forms: presidential and parliamentary systems. Although they are a possibility in parliamentary systems (such as having the government dissolved by the Governor General, as occurred in Pakistan in 1953 and Australia in 1975), constitutional coups most often happen in presidential systems. By their very nature parliamentary systems have built-in insurance against constitutional coups because there are established means to remove a government, specifically via votes of no-confidence followed by snap elections. The rules governing both the vote and the election may vary from country to country, and there may be a ruckus surrounding such events, but they are an integral part of parliamentary democracy and, some might argue, a much finer tuned aspect of democratic governance than that allowed by its alternative.
Presidential systems provide no such mechanism for the removal of governments prior to their end of term. By definition, any such move constitutes an institutional crisis as the system is based on a separation of executive power from legislative authority. In parliamentary systems the executive (in the form of cabinet) continues to act as a parliamentary faction, to include ministers discharging responsibilities as members of parliament. In presidential systems that is not the case and executive authority can often be confronted by or exercised against legislative majorities (as is currently the case in the US). No matter what the majority in the legislature may wish, it cannot simply call for a vote of no-confidence in the government of the day. In fact, it has no legal basis to do so.
When the legislative and executive branches in presidential systems are locked in impasses or stalemates over any number of potential issues, the resolution mechanism boils down to supermajorities in the former and veto powers in the latter. Ideally, in bicameral legislatures the resolution sequence is usually this: the president introduces or supports a bill submitted for approval by the legislature. The opposition obtains a supermajority against the bill in the lower house, which is vetoed by the president, which is then upheld or overturned by a supermajority in the upper house. In unicameral legislatures the sequence is either one and done or a second legislative supermajority vote is taken after a veto in order to ratify or overturn the veto. Neither of these resolution paths provide a mechanism for the removal of the executive.
This process is cumbersome but offers the benefit of providing space for compromise between the executive and legislature as a bill winds its way through the ratification process. But what about removal of an elected government before its term is up? That is where the second key backdrop factor comes into play: disloyal opposition.
Long term KP readers will recall my earlier writing on this subject. But for those who are not, here is a nutshell refresher on what constitutes loyal and disloyal opposition in a democracy (there is no point in using those terms in authoritarian regimes).
Loyal oppositions are those that, having been defeated in elections or confronted by an opposing party in executive office (remember, the problem is unique to presidential systems), abide by the rules of the political game and wait for the next electoral opportunity to gain executive power. During the meantime they work as much as possible to find areas of compromise so that the machinery of governance can continue to serve the public good (or at least be seen as doing so). Even if token, concessions are exchanged so that consensus on issues of policy can be achieved. Only in the most egregious case of executive misconduct, usually involving criminality or gross negligence, does a loyal opposition begin to contemplate the unthinkable, which comes in the form of impeachment (that is, forcing the resignation of the executive under pressure from the legislature backed by the authority of law enforced by state security agents).
Disloyal oppositions are those that refuse to accept the outcome of elections and/or the legitimacy of a particular government and use their political influence and power to bring down that government by any means short of force. This includes being deliberately obstructionist when it comes to passing legislation, flaunting rules governing acceptable political discourse, manipulating or colluding with media to plant false accusations against incumbents, refusing to authorise budgets and confirm executive appointments, and generally acting in every possible way to stymie government policy initiatives, make it impossible for the executive branch to function effectively within the tripartite, separation of powers framework of constitutional government, and to promote discontent with and distrust of the government and its political supporters.
The classic modern instance of a disloyal opposition was the Christian Democratic led opposition to Salvador Allende’s Unidad Popular government in Chile from 1970-73. The result of that disloyalty is well known. But not all disloyal opposition need result in full fledged military coups. Instead, they can veer down the path of the constitutional coup. Consider the case of Bill Clinton’s impeachment in 1998-99. In late 1998 the Republican controlled House of Representatives voted to impeach Clinton on two counts of perjury and two counts of obstruction of justice. The charges related to his accounts of the affair he had with White House intern Monica Lewisky, the salacious details of which were vividly spelt out by Independent Counsel Ken Starr (Starr has recently been forced to resign from his position as president and chancellor of Baylor University for his role in covering up sexual assaults on females by football players). Mr. Starr was appointed by the Speaker of the House at the time, Newt Gingrich, he of the three marriages and many affairs (including with subordinates).
In 1999 the Republican controlled Senate held a trial and voted on the charges. Needing a two thirds (67 seat) majority for the impeachment to succeed and with 55 Senators on the Republican side, the impeachment vote failed when 50 voted in favour on the obstruction charge and 45 voted in favour on the perjury charge. Clinton remained in office, albeit significantly hamstrung by his near-miss.
The issue here is that the impeachment was over a private sexual affair, not an act of public malfeasance . It was led by people who themselves had similar skeletons in their closets and who did so in part just to weaken the president even if their efforts to impeach him failed (given media coverage of the story). More specifically, it was not about gross incompetence, criminal behaviour, military mismanagement, or even lying to Congress about any matter of policy. Instead, it was about the president receiving fellatio from and using a cigar as a sex toy on Ms. Lewinsky during trysts in the Oval Office, then trying to cover it up. It is doubtful that the founding fathers, in Article Two (Section Four) of the Constitution, had this in mind when they wrote that impeachment was to be used only in exceptional circumstances involving “treason, bribery or other high crimes and misdemeanours.”
That is a slippery slope. And nowhere is the bottom of that slope more evident than in the recent impeachment of leftist President Dilma Rousseff of Brazil.
Brazil has history with impeachment. In 1992 then president Fernando Collor de Mello resigned after Congress voted in favour of his impeachment on charges of bribery and misappropriation of funds. Similar charges of “budgetary mismanagement” were brought against Ms. Rousseff in 2016 by a Congress dominated by the center-right PMDB, Brazil’s largest party, which has the most seats in Congress (66) and is the one to which her vice president Michel Temer belongs (the coalitional aspects of Brazilian politics are too complex to get into here but suffice it to say that Rousseff was trying to keep her friends and allies close and her enemies closer. That did not work out as planned). By the time the first reports of fiscal irregularities surfaced in 2015, the PMDB-led majority in Congress had gone full-blown disloyal in a context of economic stagnation and assorted crises (Zika, lack of Olympic preparations) and were itching to find a reason to remove Rousseff (who was not anywhere as popular as her Workers Party predecessor Luis Ignacio “Lula” da Silva). The investigation into financial wrongdoing gave them their window of opportunity.
The charges against Rousseff stemmed from “Operation Car Wash” (Operacao Lava Jato) into bribery and corruption involving the state oil monopoly Petrobras, assorted construction firms, politicians, bureaucrats and financial entities. Without going into the details, let’s just say three things: First, corruption is a way of life in Brazil, not just an aspect of how the economic and political elite behave (hence the phrase fazer jeito, or ” a way of doing things” on the sly). Of those legislators demanding her impeachment and who voted against her at the Senate trial, over a dozen are being investigated or have been charged with corruption themselves, including now-president Temer. Included among the luminaries who voted to oust her is a former Army officer who was involved in her torture when she was imprisoned by the military dictatorship in the early 1970s, and who said during the proceedings that it would have been best that she were killed while in custody.
Secondly, creative accounting by Brazilian governments is a time-honoured tradition that crosses party lines. Most reputable political and financial analysts agree that not only was Ms. Rousseff not personally involved or benefitted by dodgy Treasury figures, but that in the scheme of things the book fiddling done by her government was not criminal but in fact par for the course in Brazil. Unfortunately for her, Article 85 of the Brazilian constitution and the Fiscal Responsibility Law specifically prohibit mismanagement and disregard for the federal budget. This was the seldom used rope that Congress hung her with.
Thirdly, no impeachment in Brazil can occur without the tacit assent of the armed forces. Of all the sordid aspects of Rousseff’s impeachment, this is the most sobering one. 30 odd years after they returned to the barracks, Brazil’s military still sees forced removal of elected presidents as a viable option–so long as it does not involve them directly.
This is why what happened in Brazil a week or so ago was a constitutional coup. Impeachment is the weapon of choice for the constitutional coup plotters, but their intentions are disloyal and their objectives sinister at heart. Their motivations have nothing to do with honesty and transparency in government or defending democracy. Instead, they are about playing the system for tactically opportunistic partisan gain.
Brazil is not the only Latin American country to have suffered a constitutional coup. In 2012 Paraguayan President Fernando Lugo was impeached and removed from office, ostensibly because of his mishandling of a land occupation that ended in violence. He was given two hours to prepare his defense, and was replaced by his Vice President, who sided with the legislative opposition against him. Subsequent publication of US embassy cables by Wikileaks revealed that as early as 2009 opposition leaders had begun to discuss using impeachment as a way of ousting Lugo from office (Lugo was elected in 2008). They eventually succeeded.
There is a problem with this strategy: more than one side can play that game, and learning curves may teach that rather than the exception, the use of impeachment in pursuit of a constitutional coup can become the new norm. That in turn can spur a contagion effect, whereby politicians in other democracies with presidential systems see merit in pursuing similar courses of action. Worse yet, repeated recourse to constitutional coups as partisan weapons can lead to outright military intervention, at which point the return to the traditional form of coup trumps any constitutional niceties.
One should take this into account when pondering the activities of political actors in presidential-system liberal democracies, be they big and small. Because in a world where military-led coups are considered particularly thuggish and therefore distasteful, the constitutional coup is the genteel authoritarian’s game.
I get taking a stand on principles but…
So the Intelligence and Security Bill has passed its first reading in Parliament with a majority supporting it (106 votes to 15) and now goes back to select committee for further work.
The two parties who did not vote for it were the Greens and Peter Dunne (United Future).
For myself, I have read the Cullen/Reddy report that spawned the bill (170 pages), the bill itself and the all-important Regulatory Impact Statement (70 pages), followed the progress of the bill as it moved through the various layers of government and related agencies as well as talked with several of those who will be directly affected by it, should it go through, and it’s a rare day that I find myself in genuine agreement with John Key and the Government on a matter such as this.
Historically I have not been a fan of the Squirrels (one of the unofficial names used in Wellington for the intelligence services in general*), not because I do not believe they have a function in New Zealand but because my dealings with them though my current and previous work inside government has been a relatively vexing process and due to the fact that I don’t believe that these agencies remain fit for purpose in the modern world (I am an advocate of intelligence reform). Also because there is something about a high security clearance that often makes people inflate their own self-importance simply due to having said high security clearance and these agencies output seeming to have less to do with the actual security of NZ and more to do with supporting US hegemony though the Five Eyes agreement (also known as the “Anglo Saxon white peoples business empire protection club”).
Don’t get me wrong, I have several good friends and acquaintances in the squirrels, and there are many smart and dedicated souls slaving away for the greater good whose work will never be acknowledged but most of these agencies should have been shut down and replaced with something new and better a long time ago (something the report mentioned but was outside the scope of the report itself).
Unfortunately the mystique of intelligence work, as detailed by Victor Marchetti and John D. Marks in The CIA and the cult of Intelligence (and many other books**), is something that remains by virtue of people being dazzled by the idea of such work being something like a James Bond movie or by the fallacy that because something is a secret it therefore makes it special and those people that handle such material are therefore also special.
In the end the work is the same as that in many government departments but with a blanket of secrecy draped over it. Squirrels go to work, sit at desks, write reports and do many of the same things that other civil servants do. Much of the work is as mundane as that of other bureaucrats in government because they are bureaucrats also.
It’s also an atmosphere which can include a preference for ex-military intelligence personnel over talented staff already in house and a club like atmosphere in senior management characterized by the most venal examples of patch protectionism*** I have ever seen.
In my previous work the easy answer to dealing with squirrelly issues was to work around it rather than try and get them to do anything about it and it is worth relating the mechanics of such an issue to give readers an idea of how bloody obstinate these agencies can be to change or doing anything about problems or issues that exist simply because it would highlight their own failings.
In my previous role in government, my small team dealt with one of the squirrel agencies on a regular basis as part of our work processing and assessing risk cases. The process went something like this: We got a case, we assessed the case for risk using our standard measures and if certain criteria were met we then sent the case off to the appropriate section of the squirrels for comment (sometimes more than one). We then waited for that comment to come back and once it did we would complete the process and make a decision in regards to the case and the identified risk.
The problem was that once we sent the file off to the nutty clubhouse for comment it was the equivalent to throwing the file into a black hole or some sort of temporal vortex.
Once it went in there was no reliable way to predict when it was going to come out, it could be a few days, a week, a month, several months, six months, a year or in the most drawn out instances, well over a year and attempts to find out what was going on were usually met with the blank wall of secrecy.
And when I took over the team I soon found that the black hole was a real problem for our work simply because we did not know when a case was going to come out of the black hole and hence we could end up with half of the files in our cabinets waiting for the Squirrel Nutkin seal of approval and our workflow slowing down and often grinding to a halt while we waited for a result.
So being a solutions not problems sort of person I spent several months politely trying to get the fury rodents responsible for the black hole to give some time frame or indication of what was going on and soon found out that my counterparts on the other side were as over worked as much as myself and they themselves were beholden to processes much larger which were dictated to them by bigger rodents several pay grades above theirs (or my) own.
So I got my manager to arrange a meeting with their manager and we put forward a simple business case to improve the process by putting in place some simple workarounds in the form of queue streams (high and low priority) and more effective communications to enable the Stygian depth of the hole to slightly less opaque.
It was a sound proposal, would have required almost no extra effort by themselves (as we would have done most of the grunt work) and had demonstrable benefits for both parties. There was no risk of information leakage or any security being breached. All we were doing was fixing the mechanics of a process that was clearly broken.
But did squirrel management accept even one smidgen of our proposal? Noooooo, they did not and their reasons for refusing the proposal? They did not have any, they simply refused to do anything or say anything further on the matter.
So in the end I re-organised the entire process at our end to speed up all work before and after we flung the file into the back hole and made sure that our management were well aware of why time frames for files were dragging out so we could point to us having done all we could when the inevitable complaints came rolling in about “the status on these 23 files being on hold for more than six months”.
Sadly if this was an isolated example I would not be writing about it here but it’s not; time and again myself and others I have spoken with have had nothing but praise for the hard working individuals inside the shadow tailed services and lots of scorn and derision for their senior management and their archaic and byzantine practices simply because its “secret”.
And if my previous example is a bit too esoteric for the reader let me give a much clearer and more concrete example of the problem: Security Clearances.
For many people who work in government a security clearance (confidential, secret, top secret, top secret special, super- top secret, Umbra, grey alien etc) is a standard requirement for their job and these clearances range across government departments, many of which people might not imagine would need one (The Ministry of Education being a good example).
Unfortunately the process of getting a security clearance is often loooooong and sloooow which means that most people will start their jobs without the clearance the job description says they need. Now this is not an issue in itself because many clearances (such as a low level Confidential) have a minimal risk or exposure associated to them that the choice has been made to get the person into the role and proceed towards the clearance in due time. A reasonable workaround in such circumstances.
In other cases all manner of people have been in roles with all manner of documents and information with all manner of security levels passing across their desk and not a security clearance to their name in sight.
My favorite example of this is a previous manager I knew who handled a range of sensitive material but who never had the appropriate security clearance until her last week on the job and it was believed this was given to her only so it could be said that she had held the appropriate clearance rather than actually having been genuinely vetted. Nothing more than a box ticking exercise.
And again this is not an isolated incident; I have seen and herd all manner of similar stories from others in government. Much of it is due to limited staff and massive workloads so vetting has to be prioritized but still clearances don’t get given in the right circumstances.
So it’s with these thoughts in mind that I find myself reading through the Cullen/Reddy report and nodding in agreement with much it recommends and then continuing to nod my head when the government decides to take on most of these proposals with the new bill.
Will the new bill fix the technical problems noted above? No it won’t but as the report notes there is a serious fracture in the rules and regulations the various agencies use and how they work together and by having one system for both (as the new bill only really affects the SIS and GCSB with the NAB tabbed in on the side and does not affect the Police or the scoundrels in DDIS at all) with tighter rules for warrants things will actually improve all round by virtue of clarity around the rules and unification of output.
I won’t be going into the bill much further here as I intend to discuss it in greater detail in another post after it has been though a few select committees and the current issues have been worked out.
What I want to look at today is why the Greens are so opposed to the intelligence services in general and I have used my examples of some of the genuine issues with the squirrelly systems to illustrate that changes are needed but it seems that the Greens are not opposing the bill for any practical reasons.
The truth is that the Greens are opposed to the squirrels and their activities mostly on principle AND by having been subject to the intense scrutiny and machinations by sections of the squirrels in the past (and possibly even today). Such treatment would have left a rather bad feeling which is all fine and dandy but a rather strange position in this case because there are genuine issues with the squirrels which this bill could fix and it appears that the Greens are being blinded by principles rather than seeing the situation for what it is, in short principles before pragmatism.
As I noted in my Green Party post a few months back no other party in parliament would have had the level of monitoring and infiltration, in modern times, than the Greens. In the Cold War it would have been Labour and there are stories about party members (including Norm Kirk before he became PM) being watched, monitored and bugged by the SIS which when compared to the known behaviors of similar services elsewhere (MI5 in England) are more than likely to be true.
Also the traditional position of such parties is to oppose expanding the powers of the security apparatus so no surprises there. But if the Right has an ideological blind spot when it comes to social policy and viewing people and society as nothing more than crude inputs for their half-baked economic models then the Left often fails to see the very real Hobbsian argument for a strong state actor and that security is a key aspect of such a state. Hoping that we can all just get along or wishing to impose some sort of communal security arrangement ignores that security risks are real and few if any nations are immune.
So is it just really personal and the Greens can’t see that the bill might actually reign in the behavior of the squirrels rather than letting them of the leash leading to a wholesale expansion of their power (ie spying on Kiwis)?
Certainly if this rather testy exchange between Metirei Turei and IG Christopher Finlayson is to be believed, as while Finlayson has all the personality and people skills of prison camp commandant this would be one of those rare times where I can see that Turei’s questions are just point scoring and grandstanding rather than genuinely about the bill and Finlayson’s frustration and droning out the same answer again and again are entirely justified.
Then again, we expect our Green party candidates to hold and believe certain ideological positions just as much as we would expect National party members to be all for the Neo-Liberal death march to prosperity for the ultra-wealthy at the expense of all others; and the ideological position of the Greens is defiantly opposed to the intelligence services.
Which leaves me in a curious position as I usually like the policies of the Greens, ideology or not, and I myself do have issue with much of the structure and behavior of the security services in NZ but after having picked over the bill and related documents I see that the recommendations of the report are in generally sound (centralization of rules, tighter oversight and protections and clearer definitions) albeit with the need (as identified by Labour) to tighten up some of the details in the select committee process (clearer definition of “National Security” and around the levels of warrant/safeguard etc).
But that’s the details, the bill in and of itself will actually do a lot to bring the services around and in line as well as make them fully part of the public service (and subject to all that being in the public service means) but for some reason the Greens are not going to go for it and for once I find myself onside with John Key and National and genuinely wondering why the Greens hate the squirrels so much?
For those with the time I recommend reading the report (it’s very easy to read and was deliberately written that way as well as defining the issues in clear and simple terms) along with the related documents.
I do get that there are probably deeper concerns if you dug into the Greens on this issue but that’s not how it’s coming out in the media and their website also has little to say beyond their opposition to the bill and such matters.
If the Greens oppose the Squirrels for personal reasons I get that and also I support their being back on the ISC (Intelligence and Security Committee) despite Key’s protestations that their opposition makes it pointless to be there (I believe a dissenting opinion is a useful thing to guide the discussion not matter how contrary) but their voting against it, while a principled stand, really does little and ignores the opportunity that the bill presents to fix part of the problem they are moaning about.
*-So called after a 1960’s cartoon about a squirrel that was also a spy (here)
**-Decent Interval, The Big Breach and Spy Catcher being some other good works which highlight these issues.
***-As seen by myself and related to me through friends and acquaintances inside the wire. For whatever reasons such behavior seems to occur a lot more in the intelligence, risk and compliance spaces than elsewhere in government.
Updated by me after I had a nap and realized that I had missed some pertinent details, I’m on school holiday leave and chasing kids has left me zonked.
Well the announcement has been made and the policy revealed and while I have not had time to dig all the way into things it seems on first look to be a clear and measured response to the housing “situation”.
What is on table are a combination of 10,000 new houses a year until things are “better” (under a revamped Kiwibuild program) and a policy to limit housing speculators (a penalty for anyone selling a house in the first five years after purchase which is not their only or first home).
The extra homes seems an obvious fix and the anti speculation policy seems to be on the mark as well, given the almost immediate howls of outrage from sections of the market. Whether they will work or not remain to be seen but that’s the fate of any policy so such a worry is a moot point at this time.
There are some extra details hidden in the main read which appear to be that the 10,000 new houses will be paid for in the long run by their eventual sale to their tenants which appears to be a neat way to dovetail state housing into actual home ownership. If this is the case then this seems to be a rather pragmatic, dare I say win/win, mix of state and market.
I would love to know who in Labour actually come up with these ideas as they seem to be less political bombast and more actual soundly thought out policy, probably not any of the actual MPs. If this is the work of some Labour policy wonk then well done to them.
In short its a mix of state housing (something I predicted) and market controls (something I did not).
But in my last post I noted that for this to work we would have to have a comprehensive policy AND it would have to have some uptake with the voting public.
So while we have the first the second has yet to show itself but the next round of public polling should provide some clarification there.
And if it does show up in the numbers (even if small) then its a solid first step on the road to electoral victory for Labour in 2017.
Yes it is a big prediction but as an “astute political analyst” we get the kudos and the big bucks for seeing things before they become clear and despite the obviousness of Labours low political polling I think things are heading towards the usual situation we get with every third term government in recent memory.
And I dont think I am alone in this as a recent article in the media about National needing to think about a post Key enviroment echoing my own comments from a few months ago seems to indicate that while Key retains his personal popularity the fortunes of the party are now starting to take a beating under a constant barrage of grumbling in both the public and media regarding it’s inability to have a coherent response to anything except vomit forth political and statistical double speak.
This means that when Key leaves (and takes his high polling with him) National had better have a Plan B beyond allowing the various mutants and misanthropes in Nationals cabinet to descend in a power struggle similar to what has marred Labour in the last two terms (although I must admit I relish watching that ugly scenario play itself out and National return to its dead duck status of the early 2000s; with a forest of knives sticking out of various Cabinet members backs).
A good example of this is the recent Housing NZ furor with Steven Joyce’s $92 Million tweet sounding less like a pre-planned policy or decision and more a bunch of school kids trying to hide the body before teacher finds it. Did he jump the gun, did he misspeak, who knows but I can only assume some angry phone calls among the minions as things were sorted out.
I would add here that if it is victory for Labour it wont be alone as even with a rising tide of public opinion Little and Co are unlikely to get across the line without the help of their “good buddies” the Greens and Winston so while a good policy is a start Andrew Little had better still be watching what their mood on this is.
So for me, and I remind readers that I am not a fan of Labour anymore than I am of National, this announcement is the start of something. The usual nine year itch is starting to manifest itself in a persistent rash of grumbling about “the government” and its dealing with whatever is the “problems” of the moment (I dont know what it was under Helen Clark in 2007 as I was living in Asia at the time) and we are still a year out (at least if the recent slip by the President of the National Party can be believed about National calling an early election).
So where to from here? For me I will await the next round of polling to see if this new policy has actually sparked any interest in the public. And even if its only a low jump in the polls it will be enough of an indicator for me as the political environment in NZ is starting to flux and Nationals policy of keeping its head down is looking more like a head in the sand attitude than anything else.
If no change in polling the its back to the drawing board and expect another tilt at the windmill some time soon.
But for those with a yen to know the future now is a good time to think about what schemes and plans National will be cranking out in its Dirty Politics division to shut down Labour and its message (also deflecting on the lack of anything National is doing), as I don’t think National will be able to roll out any positive policy between now and whenever we go to polls, as it had numerous chances, in the last six months to shine and has botched them all to one degree or another.
So expect those evil little minions in the PMs office and adjoining spaces to start digging for dirt and loading the muck throwers. Already there has been a rather bitter remark from Steven Joyce that all that Labour has announced they (National) have already been doing but I see little to support that.
But muck or not this is a rather good start from Little and Co and if followed by more could be a good base for going into 2017. Seems like I was not the only one to think Labour needed to take a page from Norm Kirk’s good times school of vote mongering if it wanted to get back in the game and address the current problem/situation/crisis (you choose) regarding housing in NZ.
But crisis or not the market in Auckland (and the rest of NZ) needs cooling and more houses ASAP and Nationals infrastructure policy was so politically lightweight as to not even be trying. Labours new policy, if actually enacted, appears to be a more direct and immediate reaction but requires Labour to be in government to enact it.
In one way its a rather shrewd policy as it addresses the immediate situation but has a rather subtle “Labour has to be in government for this to happen” aspect to it which is as good as it gets for sneaky electioneering.
So consider this a rather prolonged scratch at that particular itch of nine years of the same government going to seed, becoming increasingly detached from the electorate and now officially asleep at the wheel.
Posted on 15:15, July 1st, 2016 by E.A.
Word around the campfire (several campfires in fact) is that Peter Dunne is a good minister.
I open with this little bit of information to be fair in the information I present (yeah right!) and to balance out my following assessment of him.
You see, unlike my other research into political parties and the individuals that compose them (a process which usually consists of me trolling the internet, checking my library, badgering my sources and “polling” those around me for a general opinion of the situation) I did not turn up the usual treasure trove of data, Wellington gossip, internet foot prints or scathing rants attached to the Peter or the United Future Party.
Oh to be sure there were some juicy slabs of salacious gossip abounding but none which could be verified beyond even the merest rumor and as such I decided to leave such things out and focus on what I actually could confirm by more than one source.
Which lead to a surprising amount of people, from many places in government, having nothing but praise for the man in his role as both current (DIA) and previous (IRD) ministerial positions (and various sub and acting ministerial roles).
It seems that Peter Dunne is the kind of minister that Chief Executives and Permanent Secretaries like (except for those truly aspiring to be Sir Humphrey Appleby) as he is intelligent enough to know the material, studious enough to know it in detail, pragmatic enough to take advice given and principled enough still make decisions in line with the party ideals and general values.
Dunne is not one of those ministers that require vast amounts of baby-sitting (Sam Lotu-Liga in the wake of the Serco debacle and his rapid removal from the corrections portfolio to something much much safer (and far less important); the Local Government portfolio); is a power hungry profiteer (Steven Joyce); dangerously ignorant (Murray McCully and Jerry Brownlee) or one of those empty political vessels which then become an avatar of greed, avarice and naked ambition (Judith Collins and most of the remaining vermin in cabinet).
All of which soon overwhelmed my own preconceived notions of him as a bow tie wearing political hack who simply went whatever which way the winds were blowing and who was now a dangerous relic helping to prop up an increasingly unpopular government.
It was my good friend Q who pointed out one night over drinks that while Dunne was all of those things that I believed he was (and Q should know having spent a good deal of time actually walking the halls of parliament playing nurse maid to its many skeezy denizens in both Labour and National governments) he also had many of the better points I have listed above and while still a political creature he could be considered “one of the better examples of the breed”.
On first hearing this I nearly choked on my drink as Q, while the perfect example of the legal/rational devil’s advocate type that can be found in Wellington if you look hard enough, was not known for laying out such glowing endorsements for MPs without an equal measure of dirty laundry culled from his time as first hand witness to their grubby behaviors.
But there was no skid marked Y-fronts to be found this time and I had to accept the fact if I was looking for examples of the usual slimy tendencies that politicians display I would be better suited to look elsewhere.
And so it went, time and again, over drinks, dinner and in the tea-break small talk between meetings which make up the bulk of the time any actual work in Wellington is achieved (for further details I direct the reader to Parkinson’s Law). Same story, again and again; competent minister, rational individual, good to work for and such and so forth.
Which meant that by the time I came to write this I felt compelled to open in the manner I just have which for me is a hard thing to do. I rate politicians just above pedophiles and just below lawyers.
But the subconscious nag which kept running in the back of my mind that accepting Minister Dunne as some sort of silver slipper bobbing among the turds in the parliamentary toilet bowl was wrong just would not go away.
So it was time to put some Jazz on the turntable, pop open a few beers, lie back on the couch in my usual meditative (or just plain lazy) position (fingers in the traditional Monty Burns “excellent!” manner) and think things through.
So after a few Montheiths and several sides of Donald Byrd I felt I had a handle on things and it went a little something like this.
Peter Dunne has been in politics, and parliament, for over 30 years. First as a member of the Labour Party (he entered in 1984) and later as an Independent MP and then as part of various assemblages of parties which eventually ended up under the banner of United Future.
And Dunne, like his significant doppelganger Winston Peters, has been in coalition with both Labour and National, supporting both governments and holding ministerial positions in both. Both have developed into one man band operations, despite the veneer of party structure each has assembled around them.
Both men have seen various bills through parliament and both have had their moments of controversy (although Winston could claim a lot more) and both have fallen afoul of the particular government of the day (Peters with both National and Labour and Dunne with National in 2013 over his leaking of documents to journo Andrea Vance).
But NZ First, as a party, appears a lot more coherent, if more sycophantic (I am always impressed when Winston storms or is thrown out of the house and his drones obediently follow) while United Future is a shell party assembled to give the illusion (for those who remember the de-registration saga in 2013) of coherent support outside of Dunne’s immediate staff so he can continue to receive government funding and allow Dunne to remain in parliament.
Where the symbiosis ends is that while Peters has championed the cause of the proverbial, and possibly theoretical, Kiwi, Dunne has not. Peters has retained a constituency outside of any particular electorate despite his win in Northland and his loss of his previous long held seat in Tauranga while Dunne has only ever held one seat (now by the slimmest of margins), Ohariu in Wellington.
From the Numbers side United Future has sunk in public polling from 6% in 2002 to 0.27% in 2014 while Dunnes margin in his home electorate has shrunk to a few percentage points ahead of Labour (36% to 34% in the 2014 election) and with National and the Greens holding healthy shares as well (National at 16% and the Greens at 7%).
NZ First on the other hand stole 54% of the votes in an electorate in had not really polled in before (Northland) and NZ first holds at around 7% to 10% on any given day in the party popularity stakes.
This means that as a political party United Future is a non-existent entity with no mandate of any kind and with a single MP who holds his electorate by the barest of margins due to a fractured makeup (the previously grumbles by Charles Chauvel of Labour in 2011 that Dunne had won the seat due to a deal with National to feed voters to United Future was probably sour grapes on Chauvels part but to me it would be less a case of National doing a deal with Dunne and more National simply encouraging its voters to “vote strategically” by supporting Dunne without any conspiracy needed to keep Dunne in power knowing that they could not win it themselves and to keep Labour out).
And the party website reflects all of this with sparse (if any) policy prescriptions, a list of members which appear to be entirely composed of all the individuals who care about the party (when you read their bios) and tag line “Economically responsible, socially conservative” all of which screams “dead man walking” in our current political climate. Granted it’s not as bad as ACTs website but that is a matter of degree not difference.
And Dunne is a dead man walking, he is a statistical anomaly who exists because he has carefully created a niche in the MMP ecosystem where he can remain and exploit his position in governments which require minor party support to make a majority.
He has played key roles in getting many pieces of legislation through the house and none worse than his deciding vote in making government asset sales a reality (which for me was the turning point where I went from seeing Dunne as a true inhabitant of the middle ground to a servant of the power).
His competence as a minister is commendable but not a saving grace in such a situation. And while I do believe that he is a genuinely principled individual (as his willingness to criticize the government of the day can sometimes show) his position in the system (and the actions he takes) comes at a far greater costs to the country than any service he has given to his electorate or imaginary party supporters.
Where Winston Peters is an out and out political showman demagogue grandstanding on issues to cynically get votes and keep punching his meal ticket Dunne has quietly enabled the slow motion train wreck (although he is not alone in this) that New Zealand politics has become by being one of the “silent majority” that has helped keep the neo-liberal reforms in place and the machine oiled and running.
It’s all there on the United Future Website where it tells the visitor that they are part of a “global movement” under which the flag of neo liberalism is proudly flown and in his own history when his move out of Labour in the 1980s came after Rodger Douglas and the other right wingers had already exited and Dunne was left alone in a party with blood on its hands and trying to rid itself of the remaining guilty candidates (of which Dunne was one).
But let’s compare further with his significant other. Winston’s great(est) moment in the political spot light was the Wine box inquiry which saw him expose the seedy underbelly of New Zealand for all to see through his uncanny ability to grab an issue and extract maximum fury from it while Dunne’s was his refusal to handover all his emails to a government inquiry which saw him vilified for a short while by National (and many in public) and then let back into the beehive clubhouse. Winston remains a potent threat to any government in that he will scramble their entire agenda if it warrants or he does not get what he wants.
Dunne can occasionally express mild upset or disapproval at various tweaks of government policy (as his rather entertaining twitter feed shows) but his protestations usually amount silent farts of apathy and reek of a schizophrenia of morals rather than any real outrage or protest.
And it is there that the difference shows, as a true centrist Peters remains a threat to either side and retains his King maker mystique while Dunne is an accomplice to whatever government will pay his price but without any real threat value. I admit that it’s a small difference but in MMP politics it’s a crucial one; that of unpredictability and exposure vrs predictability and acquiescence.
Some had said that Peter Dunne died in the 90s along with Jim Anderton and the Alliance (yes I know he was an MP till 2011 but he was another example of a MP leeching off his electorate) and was resurrected in 2002 by the “Worm” used to monitor the statements made by MPs during the televised debates (and lets not start on the Worm right now, a more blatant example of election engineering I cannot think of).
If that is the case and Dunne owes his current existence to a cheap TV gimmick then he has done well from this quirk of fate but in the final analysis he, like Peters, Anderton and ACT, is a child of MMP and the system allows for such creatures but unlike Winston, Dunne is on borrowed time as the only thing holding him in place is the fact that any push by Labour to unseat him might drive voters in his electorate in the arms of National as much as themselves. But a desperate Labour might just be tempted to risk it to get one more “easy” seat come a tight 2017 race.
But I leave the final words to my good friend Q who in his measured tones noted that despite all of the vitriol I could muster Peter Dunne may actually be the “most successful politician in NZ politics today” having served both as a MP continuously for over 30 years (Winston has 40 but it has gaps out of office and his limited time helming actual portfolios weakens his legacy) and for long stretches as a minister in many governments which is not a feat that many politicians can boast of.
Of course that was a pure measurement on the scale of politics devoid of morality of anything else (Q is a trained lawyer after all) but grudgingly I would have to agree with him.
It seems that Labour might have finally gotten the memo about getting it’s A into G but perhaps not quite digested the content. Still it’s a start. The last month has seen a steady stream of both Labour and Little in the media, highlighting issues in the electorate and proposing solutions (Panama papers, housing, hotel deals, house prices, fishing quotas etc)
National continues to say that is nothing but “slogans” which is rich coming from them but let’s put the bitterness aside for the moment and have a bit more of a look at the situation.
On my first post about Labour I referred to them needing to come up with something new and that trying the same old policy routine was not going to win them the election from an entrenched National. A few weeks ago I noted that Andrew Little needed to be on the attack if he and the party was actually going make traction in the media and with the electorate.
The rationale behind these two points is simple and my “scouring” of both the mainstream media in NZ and the blogsphere has turned up similar sentiments, the key points of which are that Labour needs to get back to its real roots to atone for the heinous betrayal of 1984 and that a dug in National wont be giving up points easy so Labour needs to take the initiative and hone its policy and pre-election stance through trial by fire rather than more party retreats.
In effect its fat camp, a makeover and a whole new wardrobe for Labour and the effects may have already started to show but I have heard and read several people slag the whole thing off as pointless and a waste of time.
There is some truth to the assertion that it’s too early yet to really see a change in Labour, so far its policy platforms/ideas are still just not hitting the nerve with the electorate but the party seems to be putting out more press releases about the state of affairs in NZ and linking the government to it and that’s a start.
The idea is less about scoring points against National, although a few would be nice, but rather get the party name back in the media and start positioning itself again as the true party of the opposition.
But here is where I would be earning my money if I was a party spin doctor. So far the prescriptions are standard and predictable (ie get the name out more, provide alternatives etc) but the real reason for getting out and about in the media is that it starves National of air and either forces it to burrow deeper into its bunker or come out and fight on core issues or risk having Labour take over the narrative.
And it’s here where a well-planned and prepared policy and media ambushes would work wonders. The current state of New Zealand is full of low hanging fruit just begging for a solution to the problem of the day. National has had eight years in power and it’s clear that nothing is getting better. It’s also clear that Labour has started to think like that and started to gear its message along those lines. But it’s not enough.
The race to November 2017 is not a short sprint and National has banked on the long haul, saving its shots for a John Key led media blitz in the actual campaigning phase. This makes sound sense if Labour wallows in apathy and can’t get out of its own funk as National just has to play it safe and compare itself to Labour to win the prize.
This won’t work if Little and Labour go and stay on the offensive from here until December 2017 but to make this work requires more than just a slew of media releases and trotting out the same old arguments (and MPs) as before.
The key factor in this is Labour shedding all its 1984 to 2016 baggage and emerging anew from the cocoon of policy it has woven itself into and to do this means that the party has to re-cross the Rubicon of sorts and return to ideological roots, albeit with a 21st century spin.
And to return to my original point it looks like Labour has started a charm offensive by running a range of media attacks on National but without the bigger ideological transformation National can continue to say that it’s just slogans because that’s all it will be.
Little does look to be getting some stones with his standing by his comments about hotel deals in Niue (although if you read through his statements you can see the lawyer in him inserting the escape clause at the end) and various senior MPs appearing in the media attacking this and that of govt policy.
It’s an encouraging start but it’s just a start and this race to November next year will require something special to keep the momentum going and to begin wresting back those wayward Labour voters and that is the monumental policy/ideology shift required to sustain the party for the long haul. In short a swift step away from the center and back to the Left.
It’s easy to see why the party has balked at this suggestion in the past but the 1984 to 2016 period has been poison to the party and ammunition for National every time Labour opens its mouth to point out how bad things are under the current government.
The vital point in this whole plan is to differentiate itself from National in every way shape and form, no more squabbling over the scraps of the middle voter demographic, which is now beginning to wither and die anyway under National Policy, but instead a return to easily identifiable core values which come pre-packed with a message and a meaning that is in opposition to everything National stands for.
And the messages have, for most part, avoided Key and gone for Nationals weakness, its bloody awful polices and record across the board with its stewardship of NZ which is key (no pun intended) to defeating National.
This is clever as if they dont fight Key head on, but make National wheel out its golden boy to defend on all and any issues it will take the shine off his royal behind between now and polling day and prep the ground for the whole new message that Labour should be unveiling in the next few months as there have been indications here and there and Labours new general secretary, Andrew Kirton, dropped some tantalising words in the Listener a while back which sounded like there were bigger plans afoot.
This strategy has some other benefits as its will not only starve National of air but it will also do the same to both the Greens and NZ First. If there is any chance of Labour/Winston coalition Labour will have to be the biggest dog in the yard come polling day, not after, and that only comes from being the big dog, picking fights and scrapping it out in public, the the media and not just the benches with all and any challengers.
It’s a risk, I admit, but the issues that bedevil Labour will remain, if not get worse, if they lose this election and by the time the 2020 election comes round could be way too late to salvage the party. It’s the same dilemma National face once John Key decouples from the party
So if Labour has its eyes set on getting the gold in November next year it’s going to have to take things to the next level. My concern is that just as it’s getting its mojo back the party will hold there and try and run a half-baked policy platform through the election and get beaten with predictable results.
Posted on 14:06, May 11th, 2016 by E.A.
After previously examining the big four of NZ politics we now turn our eye to the first of the lesser denizens of the swamp called parliament and look at one species of creature soon to be extinct. Also apologies for the length, I swear I try and keep them short.
If there was a time when ACT was a genuine political party, those days are past. In the late 90s and early 2000s ACT could indeed claim to be a such a thing as it polled respectably and had yet to be tainted by the scandals, squabbling and power struggles which have now left it dead in the polls and relevant only because the Auckland electorate of Epsom has developed a rather strange fetish for it.
The fact that the party has visibly withered in the last decade is almost entirely down to its own deceitful actions and the fact that it’s championing of the neo-liberal agenda and as a mouthpiece for the ultra-rich and corporate entities has gone from distasteful to downright loathsome.
The question that always interested me was in trying to figure out if ACT really believed the gibberish it was spouting or if they were just happy being mouthpieces for one of the most vile ideologies of our time; that of a happy return to feudalism under corporate masters rather than blue bloods.
In the 90s the party happily spouted Business Roundtable platitudes while supporting the National government but it also could claim some degree of moral ground under “perk buster” Rodney Hide (who was later busted for abusing the very same system of parliamentary perks and privilege that he had hypocritically been railing against) and having some theoretical pedigree by claiming it was championing individual rights and freedoms.
Today it polls about as popular as a party of pedophiles and its theoretical and political base is worm ridden and compromised (in fact given it currently polls around the 1% mark I see no irony in recognizing the fact that it is has always represented the interests of the 1%). But between 1996 and 2002 it rode high in the polls as part of those heady days of early MMP with a respectable 7%.
The fact that that most of that 7% could be ascribed to the more right wing elements of the National party fleeing in the wake of Nationals dismal results in 1999 and 2002 may have escaped ACT’s attention but despite these high poll results it was never a part of the Labour Government under Helen Clark between 1999 and 2008 (I wonder why?).
But at its simplest ACT was built and commissioned as a vehicle for those who wanted to continue to advance the free market ideology of the 80s into the 90s and beyond.
If my previous analysis of the big four political parties had looked at the failures of each party under the headings of: the party itself (Labour); its individual members (National); personal political advancement (NZ First) and selling out its core values (the Greens: no they haven’t done this yet but that’s what my post about them was warning against) then my analysis of ACT is a combination of all of the above.
The grim state of the party is a warning to all others in the NZ political sandbox of what happens to those who abandon all morality for greed by peddling themselves to clearly self-serving ideologies that reject even the basic tenants of community and commons.
More technically ACT is clear evidence of what happens when a political party is clearly serving a vested interest and staffed with a rouges gallery of goons and goombahs in the best traditions of the SA.
Yes that’s right (no pun intended), ACT were to be the brown shirts of right-wing NZ revolution (an odious tradition continued today by bloggers like Cameron Slater over on the Whale Oil), a vanguard of the free market and like the SA are self-destructing in a queasy orgy of criminal and corrupt behavior (although no night of the long knives for ACT, yet).
It’s worth examining some of the histories of the specters that have made up the party to get a better picture of what exactly went wrong and why the party is no longer a viable entity.
First things first there was Rodger Douglas. In being a key figure in forming a political party the message was crystal clear of what ACT stood for. If you liked the regulatory and free market revolution that his reforms had created for NZ then this was the party for you. Most of the electorate was not a fan but a sizable minority (6%) did vote for the party in 1996 and in part that was on the perceived value of the firm economic policy that ACT seemed to be advocating and the supposed benefits it brought.
In 1996 Douglas was no longer in charge of the economy but with his disciple Ruth Richardson (a known member of the Mont Perlin Society: The John Birch society for accountants) still keeping the ovens going (under a continuation of Rogernomics now termed “Ruthanasia”) his reforms continued and helped to make 1990s NZ a grim and bleak place to live.
With Labour back in government in 1999 it was clear that ACT was not going to be getting a seat at the table and Douglas, never keen on Hides leadership stepped away from the party in 2004 as ACT languished in opposition for most of the decade.
Then in 2008 Douglas, along with Heather Roy, staged a failed coup attempt on Rodney Hide, who survived due to the timely intervention of John Key. Douglas started to fade after this time as several bills he tried to introduce into parliament failed in the house and in 2011 he called it quits.
His legacy as the architect of so much pain and misery is reflected in things like the growing wealth and inequality gaps, the scandal of poor and hungry children in NZ and a merchant banker (John Key) as PM.
Douglas is the reason why the argument that ACT sold its soul to sing for the devil is false. ACT (and Douglas) never had any soul to begin with; they were catamites from the start and an open vehicle for the free-market agenda that has been exploited by a grubby few to almost everyone’s disadvantage.
But Douglas is the just the first of many who would make the party look like the criminal rabble it was rapidly turning into and leave it as the soulless husk it is today.
Stalwart party members like John Banks (accused of submitting false electoral returns, shilling for Kim Dotcom and a dangerous level of religious zealotry among his numerous misdeeds); Donna Awatere Huata (tried, sentenced and jailed for fraud); David Garret (stealing the identity of a dead child in an attempt to get a false passport); Rodney Hide (caught abusing the very perks he had built his reputation on); Heather Roy and Ken Shirley (shilling for big pharma); Deborah Coddington (anti-Asian Immigration) and Hillary Calvert (who makes the list for her delightful quote “we care about people ahead of silly little chickens”) have been the storm troopers of right wing ideology and policy, who have helped turn ACT into the ship of fools that it is but also a refuge for misfits, rejects and political mercenaries of all stripes (Don Brash).
If it was just its cast of ugly criminal characters alone then ACT would be no worse than National with its similar scum pool of human misdemeanors but ACT also fails on the Policy front, ala Labour, but much much worse.
On casual perusal, ACT’s policy portfolio seems to have some merit with its claims of freedom and lower taxes for all but as with all policy the devil is in the details and with further reading, as well as knowing ACT’s pedigree and track record, it’s easy to locate the keywords and decipher their actual meaning.
ACT adheres to the political equivalent of creationism, that of small government; low taxes and private provision of public services (charter schools, Serco run prisons, asset sales and letting the kind and benevolent market take care of things).
ACT’s definition of “core functions” of government ignores the reality that is the highly complex society that we live in and imagines that market functions would be able to contain the anarchy that the market itself has been shown to create (booms, busts, bubbles, cartels, tax havens, corruption, nepotism, market manipulation, offshore trusts and growing wealth and inequality).
At its center ACT’s intellectual pedigree, albeit diluted and watered down, is no worse than the intellectual foundations on which other parties sit, but unlike National and Labour, which have simply let their policy bases fade away in favor of craven appeals to the policy melting pot of “the middle ground”, ACT’s is, and has always been, in the service of those who seek appealing theoretical foundations on which to base their dubious actions.
ACT’s foundations lie in Friedrich Hayek and the Mont Perlin society and more directly the NZ Business Roundtable (now dubbed the New Zealand Initiative). Hayek’s arguments against collectivization were an intense part of my undergrad study in political theory and his was, like many other thinkers, a clear and conscious reaction to the tumult of the first half of the 20th century by attempting to provide solutions to those times problems.
As a political theory this is fine (although I tended to favor the position taken by Polanyi) but its use as a smokescreen for actions by others with agendas which do not really align with the theory they are trumpeting is nothing more than intellectual window dressing for the traveling snake oil show that has been neo-liberalism and its use by global elites to dismantle any organisation or structure which hampers their pursuit of profit and power.
Reading through chunks of policy statements give the impression that ACT is obsessed with saving “the children”, really hates big government and that lower taxes are the answer to many issues but one also can find references to “ACTs advisers”; a distaste for beneficiaries, the treaty of Waitangi, the RMA; and a host of neo-liberal buzzwords like “signalling”, “choice” and “potential”.
The sum of all of this is that the parties’ policy prescriptions sound wonderfully empowering and harmless until you realize that these prescriptions have already been enacted around the world and we have been living in the “utopia” promised to us by the smooth talking acolytes of small government and less taxes.
I could go on forever here in pointing out the flaws in these overly elaborate theories which have never been, and never will, be honestly enacted but the point is clear. The message being preached has failed, it’s been tried and it failed, the desperate cries of “more of the same”, by ACT and National, to solve the problems previously created by “more of the same” now sound like doom cultists chanting.
But what about the current leadership, what about ACT’s philosopher-king David Seymour and his role as free-market mouthpiece?
At first Seymour seems to be a new face for the party but once you dig into his background his links to conservative think tanks, including one which helped shape Stephen Harper’s right wing paradise in Canada (before the inevitable backlash kicked in), it becomes clear and you figure out that someone (read what painfully passes for ACTs brain trust) has been seeking to emulate the safe, white, suit and tie, clean shaven, middle aged male look (ala Key, Cameron, Bush Jnr, Blair et al) but not quite managed to get the facial features right on the identikit robot they ordered from conservatives’R’us.
And with the ACT party webpage now resembling a personal blog (with what appear to be self-written press releases by Seymour about Seymour all over the main page) and his face repeatedly staring back at you with each new post I find myself wondering. His opinions, while few and far between in the press, have given no indication that he has deviated from the party line but perhaps, just perhaps, he realizes its a dead ship he is now captaining and has plans to try and steer it into a safe port for rest and refit.
The odds of that happening rest entirely on Epsom deciding to retain any party candidate as their representative in parliament. Personally If I was Labours campaign manager I would be marshaling forces to get Seymour and Act out of Epsom at all costs even (this could also apply to Peter Dunne in Ohariu) to the point of getting voters to vote National (something that happened in the last election anyway when tactical voting chopped ACTs lead to 6% over National).
Seymour has none of the appeal of Key, personality of Winston or moral integrity of the Greens. It’s almost like he has no soul (a double possibility given his intellectual and political backgrounds) and I will be watching Epsom 2017 with great interest as if ACT loose their seat then its dead and buried and all the grubby refuse that is the party will be swept away.
ACT, unlike Labour and National, does not have a historical background to fall back on when its actions in the present taint it; nor does it have the charisma and appeal of someone like Winston to work their mojo for the crowds; also it does not have any moral stance to support its positions and arguments (ala the Greens) and protect it from criticism.
ACT has been around just over 20 years and its life is almost over. Truly the flame that burnt as half as long was twice as dull.