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I couldn’t resist making up that headline and I’m surprised some journo has not used it yet (perhaps it’s not tasteful enough).

Its not literal of course but by saying his lawyers email was “sloppily written” he has in effect done the usual Key thing, except that he cant say he didn’t know about it and instead shifted the blame to someone else.

I wonder if John Key is still planning to keep said lawyer (Ken Whitney) on as his lawyer because if my lawyer (an occupation which is expected to be fastidiously correct about words and wordings and stuff like that) was sloppily writing things I would be looking for another legal counsel quick smart.

My guess is he will keep him on as (for those with long memories going back to the Winebox) spurned lawyers can make dangerous enemies or worse leak embarrassing secrets like a sieve.

If I appear gleeful its because in the modern gladiatorial arena of politics its always fun to watch political parties go at each other and actually try and draw blood or politicians sacrifice all and every to save themselves; such buffoonery (although often depressingly tragic) is, in the least, entertaining and provides the illusion of political process/democracy. In such an analogy Keys lawyer is akin to a Christian being fed to the lions but I think the Bus analogy works better. At least the christian can hope that the lion is well fed or feeling sick, with a bus its Shove, Splat, SCREEEECH!

But seriously this is as close as I think the opposition will get to getting though Keys defenses, he always plays it safe and will simply stonewall, obfuscates and lie if needed to protect himself and the rich he has been appointed to serve.

And finally lets try a few taglines on for size shall we: @Taxgate, @Trustgate, @Lawyergate, @Keygate, @Sloppygate etc etc

The Week That Will Be?

datePosted on 08:09, May 2nd, 2016 by E.A.

I see from NZ Newswire that Labour, NZ First and the Greens are gearing up to go after John Key and National this week over various Panama Papers related issues.

This in interesting for a few reasons.

The first is that this will be a good test of how well the Teflon on Key is still working on such sensitive issues (given his own ultra wealthy background and somewhat dodgy actions by sending his lawyer into bat for the trust business in NZ) and second if this will be a coordinated action against Key and National or individual shots by each party.

Personally I think the Greens will give the best in this situation as Labour and NZ First seem less willing to really go for the jugular as opposed to the other two (possibly due to their own compromising financial circumstances) but I will be back on Friday to see how it went.

This is also a golden opportunity for Labour to make some hay while the sun shines as there is fodder for all in what the Panama Papers have revealed, what they may reveal and NZs connection in all of this.

If they have any brains they will spend the week running non-stop interference on the government with the other two parties playing spoiler on the side.

Of course NZ First and the Greens will also be seeking to get into the spotlight so again if this is coordinated then there should be enough to go round, if not expect a little bit more chaos than normal but also some one upsmanship as each seeks to get in the blows ahead of the other.

Over the last few months National have definitely started looking like they have a case of third-term-itis as the blunders and attitude is starting to become a constant and the media seem to be running nothing but negative articles about them.

Of course NZ Newswire may have jumped the gun and lead me astray and nothing will happen this week but I will be back here on Friday to see how things went.

I Wanna Be Dirty: James Shaw and Greens

datePosted on 10:50, April 29th, 2016 by E.A.

I write this only partially tongue in cheek and my original title was going to be a reference to a Kermit the Frog song*

A final piece of the puzzle fell into place this week with the announcement in the paper that Andrew Campbell, the Green party chief of staff, was leaving to allow “some fresh ideas and new legs” to take over in his role.

The funny thing was that he had been in the job less than a year after replacing Ken Spagnolo, the previous chief of staff for over eight years, in a direct move by co-leader James Shaw, to bring in new blood and ideas in preparation for the expected 2017 election (and probably clear the decks of any not down with Shaw’s new business friendly approach to the environment).

But that comment flies in the face of co-leader Metiria Turei’s statement about Andrew wanting to leave after the 2014 election but agreeing to stay on to help Shaw settle into the role. Has James settled in yet? If so why is Campbell the third senior party staffer to leave in short order? Coms and Policy Director David Cormack (a person some believe to be the actual brains behind the Greens) and Chief Press Secretary Leah Haines both immediately preceded him.

Personality conflicts in politics are not new and party staff generally know not to contradict the leader but when key staff are either removed (as in the case of Spagnolo) or leaving in droves (as with the other three) it takes more than claims of “coincidence” to assuage the growing feeling that something is not right in the good ship Green.

The obvious cause is new male co-leader James Shaw himself, who with his corporate background with HSBC (the money launderers bank of choice) and PriceWaterhouseCoopers (an organisation with so many scandals attached to its name I will not relate them here but encourage any who are interested to have a dig themselves) seems an extremely unusual choice for a party whose charter explicitly states “unlimited material growth is impossible” in two of its four articles.

Shaw won the co-leadership showdown in mid-2015 when Russell Norman moved off to greener pastures (pun intended) to work for Greenpeace NZ. An impressive feat for a first term MP and one, at least in my mind, had shades of the Brash Coup run on National in the 2000’s about it.

Shaw himself is pro-market and believes that it can be reformed to be sustainable, which is a laudable sentiment for a member of the young Nats but not in a party like the Greens. These kind of ideas, Shaw’s background and the recent statements from the party about doing and end run around Labour to work with National on some issues show that the Greens of the past may soon be replaced by the “Greens” of the future.

But perhaps it’s just my paranoia that I see all of these things as being connected, perhaps it’s just me, but somehow I don’t think so as various other in the blog sphere have also noted these changes and the fact that it warranted mention in the mainstream media leads me to think that we are on the cusp of a major change in the Greens.

In my previous “analyses” of Labour, National and NZ First I focused mostly on the failings of the past to illustrate the potential/possible issues in the future but in the case of the Greens I can’t do that.

The Greens currently stand alone in NZ politics as being an actual party of virtue in a parliament full of corruption, incompetence, nepotism and just plain criminality. They are a party which has a genuine political agenda which it has been willing to stand up for, which is why almost every other party in parliament hates them and why several sections of government keep their eye on them.

If any political party has ever been under watch by the SIS; monitored by the GCSB, infiltrated by the SIG, loathed by the Police and hated by Labour it’s the Greens. It’s a party which grew from the Values party in 1972, lived through the tumultuous years of the Alliance in the 90s before going it alone in the 2000s. This is a party that has explicitly argued for the removal of the Security Services as they currently are and our exit from the Five Eyes agreement as well as being an active and persistent thorn in the side of any government which doesn’t prioritize the environment or fails the social contract (Gareth Hughes blistering rebuttal to John Key’s recent parliament commencement speech is a fine example of this).

The Greens are a party which has taken the moral high ground from Labour in the wake of the leadership squabbles after Helen Clark departed (although some say Labour just gave it up when they started the reforms of 1984) and has wielded it ever since, using it like a magic cloak to deflect any criticisms.

And there have been criticisms aplenty over the years from the usual pat dismissals by politicians of their policy or position (often with no actual substance to back up why they don’t agree with them) to the all but outright taunts of being “governmental virgins” to the “bloody hippie tree hugger” comments which spew forth from many regular Kiwis when asked about the Green party or their policies. And that’s not even discussing the hate Labour has for the Greens.

If John Key could have all dissenting views in parliament rounded up and shipped off to a re-education “resort” the Greens would certainly be on that list but it would be “just business, nothing personal” to him. And, with only a small sprinkling of fantasy dust could one imagine members of the Greens and National meeting for a beer in Pickwicks after a “hard day” in the debating chamber. One could not imagine such a picture between the Greens and Labour no matter how much magic dust was going round.

If Labour could have all Greens rounded up it would not be “re-education” that they would receive but low altitude skydiving lessons from Air Force helicopters sans parachute out over Cook Straight at night, if it is business with National its personal with Labour.

The Greens owe a large part of their vote base to disgruntled Labour voters and Labour knows it. Labour has treated the Greens like vassals from the earliest days and given their position on the political spectrum expected them to back Labour no matter what (which is why the Greens extension of the hand of friendship to National, even on minor issues has further enraged Labour and provided a pragmatic, but also very dangerous, way to cut through the Gordian knot of being to the left of looser Labour on the political spectrum.

Worse still, the Greens are almost certainly going to gain at the polls as the 2017 election approaches (current polls have them riding high along with NZ First while Labour sags to 26% and National slips closer to 40%) and have proven to have no concern about exposing Labours (and specifically Helen Clark’s) hypocrisy (as its widely believed that they were responsible for the leaks that led to Seeds of Distrust; Nicky Hagar’s expose of Labours cover up of GE contamination in NZ) to get votes.

So in dissecting the Green party at this current time it’s not the past to which I am concerned but the future and to put it simply it looks like the Greens are about to (take a deep breath and say it with me) compromise. In daily use compromise is not a bad term but in politics it almost always means abandoning your principles to reach a short term expediency at the cost of both your long term supporters and policy goals.

For parties like National and Labour compromise (also known as sitting on the fence, seeing which way the wind blows and “flip flopping”) is easy as both have no morals and long since abandoned their core principles in pursuit of power for individual party members and rabid accommodation of whatever orthodoxy is being touted at the time but for the Greens this will not be so easy.

To begin with the Greens capture of the moral high ground is a strategic part of their appeal. They can take positions and advocate issues which would get other parties in hot water; lambaste the government of the day and catch the wind of popular but politically problematic issues (like the TPPA) only because they have this high ground, without it they would be another fringe party which would get whipped senseless with their own past faults and misdeeds if they dared to speak out. Truly they are the hand which can cast the first stone.

Another is that while Shaw himself may be a champagne environmentalist (the 21st century equivalent of Labours champagne socialists) many of the core rank and file are not. Every new voter to the Greens that is merely running from the nitwit antics in Labour will run straight back if either Labour shapes up and flies right (geddit?) or the “sustainable” future Shaw is presenting doesn’t allow people to continue to live their lives under the economic and social model they are accustomed to (for example if rising sea levels did actually require we give up driving cars and banning dairy farms). The core supporters of the greens will likely support the policy measures which reflect the party’s charter but angry voters seeking revenge on Labour or National by voting Green will not.

So the Greens are now at a crucial juncture and with the 2017 election approaching its clear that the Green brain trust has decided get into the game and dispense of the one thing that holds them back which is (pardon my French) governmental virginity. By taking the sandals off, combing the dreadlocks out and with a nice suit or sweater/skinny jeans combo from Hallensteins the Greens will be ready to go to the 2017 Ball and get their cherry popped by that nice Jewish boy from Christchurch or any other potential suitor (perhaps even giving a second chance to that boy next door after his previous sweaty fumbling’s and cloddish behavior).

But there are a few problems with this scenario and Shaw would do well to heed the lessons of history when it comes to playing with fire. The fate of the Lib Dems in the UK, the Maori Party and NZ First should serve as warnings to any minor party leader willing to put short term expediency ahead of long term progress.

Of the three the fate of the Lib Dems is probably the more pertinent. They spent 20 years building up a respectable position in UK politics, under a FPPs system no less, getting 20% of the vote and seats in the house only to piss it all away when in 2010 they supported the Tories in a hung parliament and began to abandon their core principles (as well as break a few key election promises). The voters, predictably, did not like this new direction and the party was slaughtered at the polls in 2015.

In retrospect it probably looked like a bad move to the Lib Dems, but only in retrospect. To everyone else it was clear from the get go that it was a bone headed move and a clear sell out.

Closer to home Winston Peters brainless stunt in 1996 (discussed in my earlier post) and the Maori Parties deal with the devil in 2008 saw both suffer for letting their leadership sell out the voters for a seat at the cabinet table.

It would be unfair though to pin all the blame on Shaw though. He was elected through the Greens relatively fair leadership selection process (one not as convoluted as Labours or as secretive as Nationals) so it appears that he is not the only Champagne environmentalist in the Greens and perhaps many in the party itself want to stop being the wallflower of NZ politics and run naked through the streets singing “Touch-A-Touch-A-Touch-A-Touch Me!”

If this is the case then James Shaw and Metiria Turei are the Brad and Janet of NZ politics while Key is Frank N Furter (with possibly Winston as Riff Raff, Andrew Little as Dr Scott and yours truly as the Narrator). I will leave you to fill in the rest of the cast roles as you see fit.

But the puzzle I referred to at the start of this post has not yet been solved but I think the picture is becoming clearer. If we discount the “coincidence” argument in favour of a more holistic approach we see that new leadership with new ideas, mass changes in key staff and indications of attempts to exit the political corner that the Greens have painted themselves into shows a party on the cusp of a major political shift, a party that is smelling the winds of change and planning to take full advantage of them.

The dangers of this course of action are not always clear and while I personally don’t subscribe to the following rumors (at least not yet) I feel they are worth mention here just to add some zest to an otherwise dull analysis and to indicate just how problematic the issue is.

They are: a) Shaw is a corporate Trojan horse (ala Don Brash in both the National and ACT coups); b) Shaw is an agent provocateur in the pay of the security services (not so astounding once you realize that it’s a known fact that the security services have had paid informants in environmental groups since the 90s; or  c) the Greens have a serious case of political blue balls and are now prepared to do anything (and I mean “anything”) to get into power (this one could be answered a lot easier if we knew who exactly is funding the Greens, not something I have had time to do yet but if anyone wants to let me know I would be grateful).

But at the end of the day the Greens are still a party which is currently fighting the good fight and with an entirely justified moral stance and matching policy prescriptions. When you match up any doubts about the party with the generally disgusting and loathsome behavior of the rest of the rabble in parliament a few potential worries about their direction pale into significance. Only time will tell if it stays that way.

* Its Not Easy Being Green/Bein’ Green.

I should have realized that once I turned my jaundiced eye on Labour and National and started spouting my biased opinions about them I would have to “analyze” the rest of the denizens of the NZ political ecosystem. So here we go.

 

It’s been nearly 40 years since Winston Peters first entered parliament as an MP (1978) and over 40 since he entered politics (joining National in 1975).

In that time he has run the gamut of politics many times and held almost every position in government imaginable (MP, party leader, cabinet member, Minister, opposition MP, leader of party with no seats) as well as been investigated (and cleared) by the Serious Fraud Office, censured by parliaments privileges committee and been the recipient of secret donations from wealthy businessmen.

The man was also the instigator of Winebox Inquiry, fought and squabbled with more than one Prime Minister, been exiled from various cabinets, left one political party, formed one of his own and rumored to be the patron saint of one small special branch of a larger government department.

Winston Peters is the James Brown of New Zealand politics: a skilled and dynamic entertainer who always gives good show but is a dictatorial bandleader who overworked and under paid his backing bands (The Tight Five is to Winston as the Famous Flames are to James) all to enhance his own reputation.

To be sure he (Winston not James) is highly entertaining and rarely fails to provide an entertaining quote or attention grabbing headline but the substance of his actions have rarely lived up to his hype (unlike James) and his effect on politics or NZ as a whole (super gold card aside) is divisive at best and possibly toxic at its worst.

But like him or loath him he has survived many of his friends and critics and seen off more than one challenger to his rule of NZ First. At its simplest Winston Peters is a political survivor.

He survived the 2008 blowout of NZ First which saw many write him off only to come back in 2011 (with a respectable 8% in the polls) and then pull off one of the most astounding upsets in New Zealand Politics by not only breaching the walls of National stronghold Northland but taking it convincingly (over 50%) in his first ever time campaigning there.

But what Winston is really known for and what has made him such an enduring figure on the New Zealand political landscape (one littered with wanna-be greats, has-beens and also-rans along with many forgettable politicians and PMs) is the fact that he has been instrumental in maintaining not one, but two minority governments (National in 1996 and Labour in 2005) in their hour of need and in doing so set them up for their later defeat by allowing them to succumb to third term arrogance.

Few who lived through 1996 can forget how heated the election campaign got, the visible anger on Bolgers face during his and Peters famous shouting matches. Winston all but pledged on his mother’s grave that he would never go with National and that it was time for a change and then went with National after nearly two months of protracted negotiations haggling in New Zealand’s first ever MMP election; thereby denying Helen Clark the chance to be the first ever female PM and dooming New Zealand to three more years of the National Governments neo-liberal frenzy of privatization, deregulation and Business Round Table gibberish.

Still the glove was on the other foot when in 2005 Winston was back and this time doing what said he would do nine years earlier, supporting Labour in a collation government. But things had changed as it was now Labour that was struggling to maintain its lead and National under Brash managed to get 39% of the vote and would have been government had Winnie gone with his old alma mater like previously. Instead he backed a grateful Helen, got a swag full of political spoil and set Labour up for the very same fall National got when he supported them in 96.

It’s an interesting counterfactual to consider how things would have been like had Winston gone the other way (Labour in 1996 and National in 2005). Would things have been any different? The persistent and apocryphal myth around Wellington is that in the wake of Nationals disintegration in 99 and the early 2000’s Helen Clark was thankful that Winston had gone with National at the time, only forget the warning of history when she turned to him for support in 05 (and suffered the same fate as Shipley and Co).

You would almost think he had done it just for some sort of kinky thrill and with an election in 2017 looming and NZ First currently holding at 9% in the polls Winston may again be in the position to decide who is in power and who is PM. But the hand of support he offers has proven to be short term political expediency followed by long term electoral toxicity.*

But unlike 1996, 2017 will not see National desperately trying to get a third term or deeply unpopular in the polls (not unless John Key is found out to be an extremely skilled chatbot between now and then) and with no clear pretenders to the throne (Labour in disunity at 28% and Greens at 10% would not be enough to do it alone against National at their current polling of 50%) the key figure under current polling projections is the one, and only, Winston Peters.

But there are some complications in the script which Key and National are sure to try and exploit and one of those likely to get exploited if they are not careful will be Winston Peters.

To start, Winston is genuinely opposed to the Greens and has previously mooted going into coalition govt with them. That means that NZ First would not back a Labour government if the Greens were also part of the package. This leaves Labour with the near impossible task of making up the missing support (getting around 40% of the vote) to enable it to form a government with the Greens if NZ First will not support them.

So if Labour cannot get enough support to jettison the Greens (something they would love to do anyway) and Winston will not come to the party and this leaves him with only two options: stay independent or support National (either in coalition or tacitly) because if Labour cannot form a government then John Key will rule for a fourth term by default.

The only alternative to this scenario is that Winston swallows his pride and decides to go into coalition with Labour and the Greens. This is not an impossible scenario but it’s less likely than him rejecting anything to do with the Greens.

It would be an uneasy alliance at best and possibly way too volatile, given Winston’s track record of grandstanding and political belligerence, to survive for long. The net result of such a coalition collapsing would be an electoral bloodbath as Labour would have blown its golden opportunity to get back into power while National would swoop like rabid wolves on a straggling sheep.

Finally making this all the more toxic is the question of where he is cobbling his votes from. Conventional wisdom would say from National or the undecided middle (Winston is long past having any credible electoral draw on the Left after his betrayal in 96) but I suspect that the rising theme of electoral insurrection in the world today may end up seeing anyone who promises to “smash the pointy headed bastards in the capital” getting increased vote share based purely on their angry rhetoric, push button messaging and opposition stance. Which is a situation tailor made for Winston Peters.

Winston extracted maximum gain for himself in both 96 and 05 but failed to see out a single governmental term in the governments he kept alive (probably because his support was only a superficial fix for deeper structural problems). In 98, after Jenny Shipley ran her noisy coup on Jim Bolger in public (in direct opposition to National Party tradition of keeping the bloodletting behind closed doors), Winston was kicked from cabinet due to endless squabbling with her and promptly took his toys (read support for government) and went home.

In 2005 he was rather quicker in the courtship but wanted a lot more bling to walk down the aisle only to turn out to be a lethal political liability as he was engulfed in various dodgy scandals that left his legacy in tatters (except for the devout worship in the afore mentioned section of government and the horse racing industry which reaped a financial windfall from his tenure as Minister for Racing which continues to this day) and saw NZ First go below the five percent threshold and Winston get driven out of his long term seat of Tauranga.

In the wake of all this many said that it was the end of Winston but he said it was not and vowed to return. And surprise surprise he was right, after a comeback in 2011 he expanded that in 2014 and then stole Northland from National in 2015.

And if the 2017 election rolls around and current polling continues then the man who may decide the outcome will be the same man who previously keep alive two struggling and unpopular governments in the face of calls for change.

Out of such a situation Winston may walk like a phoenix from the fire; the comeback kid and kingmaker again squarely in the middle and ready to decide the fate of NZ. What his price may be and what costs will be borne by the country are yet not known but the man is no fool and he will have gauged the coming mood well (as his electoral Blitzkrieg in Northland showed) and be playing to get maximum gain for himself.

It would be incorrect to label Winston a simple populist (or demagogue) but neither is he a democrat or man of the people. Any benefits accrued by the electorate from his presence in government are mostly secondary to keeping him in politics. He is a one man political brand and when he does decide to get out of the game NZ First will on death watch but NZ politics will be a lot less colorful.

 

* – I’m not really blaming Winston for the political degradation of both Labour and National in modern times but it makes an interesting hypothesis.

 

Apologies in advance for the hyperbole but once I got on a roll it was impossible to stop.

 

I got bagged last week by some who knew me and read my post about Andrew Little and Labour as I appeared to them (and not all of them would fit into the mold of Left or Liberal) as a closet or crypto sympathizer for National and John Key and all they stand for.

This of course would be far from the truth, as on the political spectrum, I consider myself a fascist anarchist and in no way supportive of National. But as I said last week I am no fan of Labour but some took my last post as a clear vote for the Senor Key and Co. So to keep the karmic balance this post will peel away the blue on National corpse and see what lies underneath (I was planning to write about the security services in NZ but c’est la vie).

The difference between my analysis of Labour and National is that while my focus on Labour was on the failures of the party over the failures of individuals, National is the opposite it’s the failures of individuals that dominates the party and has done so for over a decade now.

To start John Key has been very successful as a politician, so successful in fact that it would be easier to call National the “John Key Party” than refer to them as National. But Keys success as Politician has come at a cost, to both himself and the John Key Party.

Firstly Keys success as politician does not translate well into actual leadership, legacy or being remembered as PM. The multitude of screw ups, gaffs, scandals, dodgy behavior, greedy and corrupt behavior by Keys minions is legion which shows that despite his high polling he has been unable to keep his employees from running amok when his eyes are not directly on them.

This is because that Key has his own version of the Fuhrerprinzip (leadership principle) in play here. He may not have started out as the dictator of National but as the success of the party rests entirely on his ongoing popularity it’s become his show and his show only and much like other dictators Key keeps those under him busy squabbling for power so that they don’t have time to unite against him or do too much damage.

Unfortunately political golems that comprise the party, such as the reptilian Judith Collins, failed Wagnerian/Faustian Jerry Brownlee and power hungry Steven Joyce, feature regularly in the press but rarely for good reasons.

Collins misdeeds are numerous and not even worth mentioning here except that it’s clear that Key brought her back into cabinet after the scandal of Dirty Politics and who she was dining with in China under the old adage of ‘keep your friends close and your enemies closer’. The smiling assassin wants to see the blade coming and by keeping Collins on a short leash and continuing to utilize her attack dog qualities he keeps her occupied and not with no further time to plot his overthrow, as had been rumored.

Brownlee also has been a useful tool to Key as flak catcher for the growing disquiet around the Christchurch Rebuild (nepotism, shoddy work practices and questionable dealings) but Brownlee is really known for little but his escapades in the media where he tried to start a war with Finland, Flouted Civil Aviation Authority rules and has demonstrated that his mouth is not connected to his brain. Also his placement as Minister of Defense, while seeming important, is actually a demotion to a backwater government department as a way of keeping him busy and out of trouble (much in the same vein that Murray Mcully’s appointment to the Foreign Affairs kept him out of the way by keeping him out of the country as much as possible) with all those “important” meetings overseas.

Meanwhile Steven Joyce oversaw his Frankenstein creation of MBIE (among other misdeeds), cobbling together disparate ministries and sections of government into an unholy (and unworkable) creation, staffed at senior levels with barely competent DCEs and then jammed into a chicken coop of a building complete with opulent surrounds at taxpayer expense. It was a power grab pure and simple and much in the vein of the SS in Germany capturing police and security functions under the banner of “centralization” but it’s become a bloated sagging beast with a toxic work culture and extremely high union membership.

But it’s not only the senior ministers that have appeared in the media as creatures that you’d rather not sit next to on the bus. Arron Gilmore will be forever remembered as for his arrogant outburst regarding who he was in regards to his membership in the John Key Party and current troubles with Todd Barclay’s staff show that the newer members of the party won’t be lax when it comes to acting like they are to the manor born.

And these are just examples that I am pulling off the top of my head. There are so many more that it does seem at times that the New Zealand political press are running a concerted campaign to discredit the Senor Key Party by publishing only the bad news but the truth is that the behavior of the members of the party has long been grossly out of touch with expected standards of decency and behavior. The short lived political career of Pansy Wong springs to mind or the highly inappropriate behavior of Maurice Williamson in calling the police when a rich “friend” was in trouble for are just a few more that freely spring to mind.

But there is a method to my madness in cataloging these examples of nether-spawn here and it’s to place the popularity of Key in clear contrast to the Party (and its dismal inhabitants) he fronts.

Key is the Golden Boy, popular in the polls and able to appear in public during daylight hours. But the shadow he casts is long and dark and it’s in the darkness that things grow and thrive, things which cannot go into the light lest they die from exposure.

This is a tale of horror and dark deeds, of human sacrifice and blood, of a pact with demons, a deal with the devil.

Our tale begins in 1999, after nine years in government (and the last three at the behest of Winston Peters) Jenny Shipley (now being sued as a former director of Mainzeal) steered the party onto the rocks of Defeat and Helen Clark led Labour into power. Nationals performance in 1999 was dismal but was nothing to the beating it got in 2002 (20%; it’s lowest ever election result and a nadir even lower than anything achieved by Labour at the polls).

Then several strange things happened but to sum it up simply the party was taken over/bought out in aggressive coup by right-wing interests fronted by Don Brash and the Business Roundtable (Now known as the New Zealand Initiative in an attempt to re-brand its tarnished image). Bill English (possibly the last real link to National of the past times) was sacrificed publicly and painfully on the altar of political convenience and John Key entered the party (or if rumors are to be believed he was aggressively recruited due to his wealth and connections).

Weather Brash had sold his soul to get the leadership or was a patsy may never be known but it’s around this time that the remaining country elements of the party were being cleared out and put off to pasture (no pun intended). Dark words and incantations had been whispered and evil things summoned and now the life that flowed through the party was no human blood but a mix of money, religion and spin.

Shortly after Brash self-destructed in an orgy of greasy stories about his sex life and revelations from Nicky Hagar’s Hollow Men showed that the party was not only beholden to larger business interests but also rapidly becoming a vehicle for money and religion in ways that mirror the strange nexus of religion and power in US evangelicals. Stepping into the breach in 2006 at this time was John Key and the party’s fortunes mysteriously began to rise (to be fair Brash’s infamous Orewa speech had helped to raise the party’s fortunes but his own personal culpability was still poison to the party).

And rise they have but only in relation to Keys personal popularity and when he falls the party will fall with him.

By listing only some of the stains found on the scaly carcass of the party it’s clear that the John Key Party is not only wholly corrupt but incapable of behaving in any manner that requires honesty, decency or integrity and that without the magic of John Key National would have either self-destructed (ala Labour with endless power struggles and coup attempts) or faded into electoral irrelevance by now.

So what’s the plan in the post Key environment for the misanthropes of National? Which of the shambling horrors currently prowling the halls of the Beehive would the average Kiwi voter go for?

The first (and only) name that springs to my mind is Simon Powers. He was being groomed for the role by being chief whip and had the looks, and ability to speak without putting his foot in his mouth but Powers left after two terms (perhaps sensing the poison in the chalice being offered to him) for greener pastures (Run Simon, run!).

Other than that it’s difficult if not impossible to imagine anyone of the current crop of National MPs now sitting at the top level being able to either lead the party without its descending into a hellish power struggle or elicit any positive reaction in the polls to the grotesque suggestion that they may be likable or have any human feelings (or perhaps are even human). Further with the junior ranks either imploding due to swollen hubris or simply because so many National MPs (like Labour’s middle and bottom tiers) are just seat fillers, cautious drones taking their nice salary and doing little for their electorates, no voter in their right mind would be ticking their name on the ballot form either.

A clear example of this hideous electoral dislocation is Winston Peter’s astounding win in the Northland by-election. In what was supposed to be a safe National seat (until Mike Sabine was found to be under investigation by the Police for Assault in another instance of reprehensible behavior) Winston took his traveling medicine show out on the hustings and reaped the spoils of Nationals arrogance and terrible treatment of the electorate.

And if your still reading at this point you may be getting the picture. National is a party that is on life support and that life support is John Key. As soon as he leaves or no longer has the magic touch in the polls the party will be a shambling corpse, an undead husk full of nothing but vile waste and human maggots.

No one is going to vote for Judith Collins, Jerry Brownlee or any of the others grim specters as leader or as PM and the desperate reliance on dirty tricks and heavily manufactured (official and unofficial) spin has left the party desperately hyping and protecting its one and only political life line, John Key.

But zombie parties do not die, they have to be killed and the question is who will do the killing? Vernon Small pointed out in today’s media that John Keys current position in the wake of Panama Papers (the usual Key safe, clean and neat statements) is effectively “handing a cudgel” to the opposition. But who will swing it? Who has the strength?

The Greens and NZ First most certainly have the will but not the strength to really kill National. Labour has the strength but is unable to get its house in order and remains timidly cowering in the corner (in the tradition of many classic horror movies) paralyzed with fear while the beast runs amok among other victims.

Possibly in combination could these three, like some sort of political transforming robot, combine their powers to take out National but that is unlikely (an issue to be explored at a later date) and the odds that come November 2017 we will either see John Key lead his party into a fourth term or a Coalition Government with Labour, NZ First and the Greens in uneasy coexistence are high.

If National is defeated in 2017 then it’s the end of Key, he won’t hang around and will go off to reap the rewards promised by his backers way back in 2002. If National makes a fourth term then all bets are off and Key will rule as long as his popularity lasts.

And that is the final key (no pun intended) to the puzzle, his popularity. As Phil F pointed out in the comments to my last post (and is echoed by the folks over at Redline Blog), a large section of the New Zealand electorate has been docile and passive in the face of the Machiavellian antics of Key and Co.

Voter apathy in the wake of endless scandals by the National party and John Key means that where acts which would have people out in the streets or at least an uproar in other countries have been met with large doses of indifference and ignorance, which are fuel for the polling engine that drives Team Key. Part of the blame lies with the mainstream media but the other with the general public themselves (again fodder for future posts) and it’s rapidly becomes a chicken or egg argument in determining which causes which.

So to end what has again been a long post (I do apologize for the length) it’s worth summing things up. National is a dead party walking as soon as it no longer has John key to prop it up (be it in person or popularity); it’s filled with corrupt individuals and backed by larger business interest for said interests. Its policy is a mild brand of conservatism, watered down to enable it to hold the middle ground and engineered in-line with failed and discredited Neo-liberal principles.

This is a party fighting a holding action to enable those who currently benefit from 30 years of rapacious public policy to consolidate their gains and maintain their lifestyles. The fact that National is literally rotting away before the nations eyes and lead by a necromancer king has yet to generate the fear and loathing that it should in this climate of change shows that we are either under Keys spell or things will remain as they are until history does the job for us and removes the horror for us.

In times like this a heroine or hero is required, or the peoples will must be manifest, both of which have their dangers but it’s clear that the beehive is now more akin to Dracula’s castle looming over the peasant village below and at nights dark and monstrous shapes can be seen  in the windows.

Kiss her you fool! Andrew Little, Labour and the TPPA

datePosted on 07:50, March 31st, 2016 by E.A.

Thanks to Pablo and the crew for letting me post here and apologies for the length. All opinions are entirely mine and my controllers. :)

Around Waitangi day this year it appeared if Labour had final nailed its colors to the mast in terms of where it stood with the TPPA by stating that it would not sign the TPPA if it were in government*. This was swiftly corrected the following day by Andrew Little stating that while Labour opposed several aspects of the deal it would not pull out of it.

Also at this time several Labour MPs (Phil Goff and David Shearer) broke ranks and came out in support of the TPPA. Goff was allowed to do this (under the pretext of his previously being trade minister) while Shearer was not and subsequently censured for his actions.

In the months leading up to Waitangi day as the TPPA furor built to a head and was then sideswiped by the flag debate both concerned members of the electorate and political press were wondering aloud where exactly the party stood in the issue. More than one commentator had pondered where Labour really lay on the issue and how its failure to make clear its position was hurting the party not to mention that it was losing a golden opportunity to get some traction in the polls on an issue which seemed well suited to a low polling party desperate to climb out of the opinion funk into which it had sunk.

To be fair, Labour and Little have clarified their position after Waitangi and made it clear that while Labour is the “party of free trade” they oppose the aspects of the TPPA which infringe on the sovereignty of the Government to make law in NZ without being beholden to offshore and corporate interests. Some of these had been echoed on the parties own website previously but a party website is hardly the forum to get the message out and its message in the public space on the issue had either been low key or just not getting any traction in the media due to statements lacking substance when compared to the rhetorical bedrock of the Greens and NZ first.

All of this makes sense in a spin doctor sort of way but there is an eerie disquiet around the party and its future in the face of the coming general election, its leadership issues, fall in standing in parliament, ongoing poor polling, the lingering stench of distrust that stretches all the way back to 1984 and the current inability of the party to clearly establish its position as the leader of the opposition.

To be clear, if National wins the 2017 election it will be the first time since Keith Holyoake that any party will govern for 12 years straight and at this time the election is Nationals to loose not Labours to win.

Despite the rising tides of sex toys, mud and vitriol being thrown and dumped on National MPs, John Key remains high in the polling as preferred Prime Minister and the party has based its electoral strategy on playing the PM personality card as strong as possible; going so far as to have Keys grinning mug on all electoral candidates billboards as if it was him and not the actual candidate that people were voting for, which of course was the strategy all along.

Nationals brain trust, despite its inability to stop living in the 90’s, was shrewd enough to realize that no one was going to vote for either the aging party hacks; which have infested the party like a persistent fungus and have dragged the party down time and again in various scandals and corrupt activities; or the flock of pimply faced geeks turgidly swollen with their own arrogance and self-importance without a clear and direct linkage to its one ace in the hole: John Key and his high polling popularity.

This has been Nationals game since Key took over in 2007 and is the only game the party now knows how to play. It’s been fantastically successful for both Key and the party and brought them back from the brink of political oblivion after the Brash Coup and religious/money infiltration in the early 2000s but its success is tied directly to Key’s popularity and the day his polling fails to make the nut is the day that the seat of power is up for grabs.

And this is the problem for both Little and Labour. It became clear after Helen Clark left for greener pastures that leadership in the Labour was not in abundance. As the cavalcade of neutered Clarkites came and went in succession before Little took the job clearly illustrated.

First in the wake of Helen there was the ever smiling Phil Goff, like some grinning Labour doppelganger to Nationals Lockwood Smith, Goff and his ever present smile led the party into the post Clark world and lost the 2011 election due both to his own inability to fight Key on popularity but also due to that ever present factor in New Zealand politics: third term arrogance. Labour after nine years in power had done what many third term governments do, simply forgotten how things work and acted like pompous douche bags (to be fair under Clark it was probably toe the line or get the cut and tuck but none the less) and their loss in 08 was echoed again in 2011.

Then the knives came out and in scenes familiar to those who were watching NZ politics in the late 80’s, the pretenders to the throne made their plays.

Next there was David Shearer, touted as Mr International he failed to make his mark on the electorate and his “sense” of his colleagues was ill judged as less than a year after getting the job the rumours were already swirling about leadership challenges and before he could celebrate the second anniversary of being in the role, and with an election approaching, he was deposed and another David stepped up.

Enter David Cunliffe, and then exit David Cunliffe. At no point was his position ever secured and his mark on the party was to lead it to a hideous beating at the polls in 2014. A beating that almost broke the party in the public’s eyes and gave both the Greens and NZ-First a shot of vitamins; making them more credible parties (by giving them room to grow) and helping to set up the Greens eventual usurping the role as moral leader of the opposition and Winston’s win in Northland (although it was Little’s age comment about Peters that seemed to really rile the electorate).

The key theme in all three of these “leaders” was the depressing air of abject impotence about them and all the reek of failure by men who truly know they are not worth the crown but will stake a claim none the less.

Then came Andrew Little, obviously hoping that the “three times a charm” magic of Clark would be bestowed upon him as it had her, after the dingbats antics of Palmer and Moore had been allowed to soil the top floor (and in Palmers case the balcony with his teenage saxophone solos) of the Beehive with their greedy dreams of power. Just as Shearer and Cunliffe had done their dash now it was time for the “real leader” to step up.

So the question that has yet to be answered is this. Is Little going to lead the party in the manner of Helen Clark or Norman Kirk or will he simper away and eventually be rolled by others with more ambition than him?

Up to this point; under Goff, Shearer and Cunliffe; Labour has tried to fight Key on his turf and at his game; ie personal popularity, the cult of personality and in the mold of US style leadership campaigning rather than promoting a broad social vision or attempting to energize the electorate, which were catalysts for both labour under Kirk and Lange.

And this is where the obtuse responses to things like the TPPA are going to hurt Labour. It’s not the issue itself in many cases that counts but a clear and unambiguous position to whatever the issue is which shows the party as a genuine party of the opposition and not a craven bunch of eunuchs waiting to see which way the wind is blowing before taking a position. In these areas NZ First and the Greens have consistently taken up the slack left but Labours tepidity by clearly stating their position on an issue.

In recent weeks there have been signs that someone has realized that ‘boring = stupid’, as the release of ‘10 big ideas’ about the future of work has shown. It’s not just a step in the right direction but an also indication that there is nothing to lose by floating out ideas, concepts or plans which are not just new and interesting but clearly in opposition to the staid, boring, innately conservative and business as usual approach that is the hallmark of the National government (in fact it’s all National knows but that’s a discussion for another time). Whoever is behind this approach clearly is not a victim of Clark’s neutering.

But is this Little’s doing? Is he behind this? In his time in the role, just over a year now, it’s clear that Andrew Little does not want to repeat the mistakes of his predecessors but it’s also clear that his current mode of politics is simply to play it safe, close the doors and wait for the Government to make a mistake, a wholly reactionary approach to politics and not one that is likely to endear itself to the electorate, nor one that will reap any serious dividends while the Teflon on Key is still in effect and the innately conservative approach of his party does not offer up many opportunities to strike. And even when opportunities have presented themselves (such as the TPPA, Serco, refugees or even things like the Canterbury Rebuild) Little has played it safe and stuck with comments which do little to give any indication that he would have done different or actually shows any passion on any issue.

In part this is because of the process by how Little came into the top job in the Labour party and how the cabal of professional politicians, which occupy much of the upper ranks of the party, don’t want him, never wanted him and would happily see him out and replaced by one of their own.

To start, the rise of Andrew Little to leader of the party came through the strange electoral mechanics of the Labour party itself (40% caucus, 40% party and 20% union). The close race between Andrew Little and Grant Robertson showed that when it came down to the wire it was the 20% of the union vote which gave Little the job and not any hearty support from those he sits in cabinet with.

Relics of the Clark years like Goff, Dyson, Mallard, Shearer, Cunliffe, Cosgrove, King and Parker show there is a core of hardened professional politicos who have less to do with representing their electorate and more with ensuring they remain in paid employment as their options outside the safe confines of politics are dim (for those thinking I’m picking on Labour here don’t worry National is in a worse state with its dead wood but again that’s for another day and they at least have the magic of John Key to keep them in their day jobs).

It’s safe to say that not all of these long term politicians are fans of Andrew Little in his role as leader, a fair few didn’t vote for him or want him there (Grant Robertson swept the caucus and the party votes in the leadership election and it was only the vote spread for the other candidates in the first round (Parker and Mahuta) and the 20% union vote which allowed Little to pull ahead in the second and third rounds).

And this is where it gets all Game of Thrones for Andrew Little, complete with incest, violence, sex and lashings of intrigue. He must fear the knives which are all glinting out there, just waiting for his exposed back, hidden behind friendly smiles and handshakes at the party meetings. It’s clear that this fear of making a mistake is part of the reason why he has spent the last year doing little to lead the party on the attack and plenty of time trying to consolidate his position. But again to go back to an earlier point; the coming election is Nationals to loose not Labours to win. Labour is going to need more than a spiffy training montage set to 80s synth rock to make the grade come the main event. Plucky underdog it is not!

In the short, gut based analysis of the situation it appears that Labour, like the current crop of republicans in the US, would rather harm its own chances of election rather than let “that Little bastard” have the job of PM. The only difference is Little is nowhere on Par with Trump.

But Andrew Little is also not Norman Kirk (an innately popular politician who lead Labour through two loosing elections as leader before winning the third on a combination of his own personal appeal but also by building the party up as the answer to a stagnant National under 12 years of Holyoake). Little’s popularity is low and the prospect of facing him off against a still popular Key is akin to throwing kangaroo meat into a lion enclosure. Nor does Little have the luxury of losing two elections before winning it in the third. The day after electoral defeat in 2017 is the day that he will start hearing more than one blade being sharpened.

Little can perform in the house but this is as far as any strategy of playing Key at his own game (that of popularity/personality) is going to work as in the general media he comes across as a concerned vaguely liberal uncle. Not a sandal wearing tree hugger but a quiet, responsible person who has never kicked out the jams in his entire life and who certainly would not mug for a selfie, pee in the shower or dislocate his jaw while deep throating a hot dog.

In fact while Andrew Little is certainly not a man in the mould of Norman Kirk he could take a leaf out of Kirks playbook in regards to how he and Labour won the 72 election. Kirk went in with a new platform, a new manifesto of change and better things ahead and swept the field, winning a margin of 23 seats and a mandate to make NZ anew. And this was after two previous losses to National in 69 and 66. The situation is not exactly the same but the parallels are significant.

Of course it is not so easy under MMP to pull off such a feat but the current state of Labour at this time shows no indication of even moving in this direction (its 10 steps as the noted exception). Perhaps there is a grand strategy hidden away behind closed doors, just waiting for the right moment to put it into operation. If so then it could be a long wait as politics, like romance favours the bold, not the plodding and the mood of the NZ electorate is like that of a crowd watching a romantic comedy where the male lead can’t get up the nerve to make the first move and the audience is yelling “Kiss her you fool!”.

That’s right, like having kids, there is no special time to do it and Andrew Little has a fair few seeds to sow between now and November 2017. Labour will not take any future election alone unless there is some firebrand, walking talking Jesus figure hiding away who can better Key in the selfie mugging, showering peeing and hot dog fellatio stakes (in fact the only current contender in this area for the golden hot dog would be Winston Peters, but Peters would never stoop to going down on a processed meat product). This means that while it’s not simply enough to roll out a new plan for NZ Labour also must get the Greens and NZ First to buy in as well (or more likely accept some of their policy ideas into their own intellectual portfolio).

So while the TPPA remains a missed opportunity and the flag debate is done and dusted there is still time for Little and Labour to step up their game and take it to the hoop. If they don’t Key will rule for 12 years as PM, the lizard people will finally take over and Labour may as well just give up the ghost.

Labour can’t fight Key in the personality stakes and can’t remain inert and neutral in the face of Keys capture of the middle voter NZ (all 37% of them). As I have said before now is the time for Hail Mary’s and wild new ideas. If Little has looked at the mood of many western states across the globe he may have noticed the polarization of voters and the rise of those promising a change to the squalid BS of the established order.

While Andrew Little is no Jeremy Corbin or Bernie Sanders he doesn’t have to be to win over NZ. What he needs are some new ideas, some new faces, the courage to take the issues to the electorate and the humility to not treat the required coalition partners like serfs under a feudal lord (as Labour has been known to do). Labour may lose come 2017 but they certainly won’t win playing their current style.

 

Notes:

1)       I swear I saw this article come up online on Waitangi Weekend but subsequent searches have failed to locate it since, it could have been an overeager journalist but the fact that it was followed a day later about Labours party retreat and Little allowing Goff to walk on the issue seems to me that it was something said in haste and then rapidly backed away from.

Too Clever.

datePosted on 15:59, February 11th, 2016 by Pablo

The TPPA signing came and went, as did the nation-wide protests against it. I did not think that the government was going to be swayed from publicly commemorating what it considers to be the crown jewel of its trade-dominated foreign policy, but I had hoped that the numbers turning out to protest would add up to more than 100,000. At least that way the government could be put on notice that a sizeable portion of the electorate were unhappy about the surrender of sovereignty to corporate interests enshrined in the 6000 page text. Alas, the numbers assembled came nowhere close.

One interesting sidebar was the decision to stage a parallel protest at the Sky City complex  rather than join with the larger protest march down Queen Street. The specific objective of the Sky City protest was ostensibly to use so-called non-violent direct action (NVDA) and other acts of civil disobedience to block the streets surrounding the gambling complex. In the build up to signing (and protest) day the leaders of the two rival demonstrations publicly debated and largely disagreed on the merits of each. The Queen Street march organisers were concerned that any pushing and shoving at Sky City would feed into the government’s narrative that the matter was a law and order issue (following reports that the police had conducted riot control refresher training and door knocked activists warning them about the consequences of unruly acts). The leaders of the Sky City blockade argued that peaceful marches were simply ineffectual and were ignored by policy-makers. As it turns out, both were right.

The Sky City protesters, some of whom showed up in helmets and assorted face coverings, were forcibly prevented by the Police from effectively shutting down access to and from the venue and surrounding areas. The activists responded by engaging in a series of rolling blockades of major intersections, including the Cook Street on-ramp leading to the Harbour Bridge and Northern Motorway. This continued well after the signing ceremony was over and while the Queen Street march was still in progress. That had the effect of causing gridlock in the Auckland CBD.

Coincidentally or not, there was a bus strike that day. Although Auckland Council allowed its employees to work from home, many other entities did not. That meant that people who normally used buses to get to work had to use alternative transportation, including cars. That added to the number of cars on Auckland inner city roads at the time of the rolling blockades. Needless to say, motorists were not happy with the seemingly random temporary road closures in and around the CBD.

That is why things got too clever. As a tactical response to the police thwarting of the initial action, the move to rolling blockades was ingenious. But that bit of tactical ingenuity superseded the strategic objective, which was to draw attention to the extent of TPPA opposition. In fact, it appeared that the Sky City activists were trying to outdo each other in their attempts to make a point, but in doing so lost sight of the original point they were trying to make. After all, blocking people from leaving the city after the signing ceremony was over was not going to win over hearts and minds when it comes to opposing the TPPA. Plus, it displayed a callous disregard for the motorists affected. What if someone was rushing to a hospital to be with their badly injured child or terminally ill parent? What about those who needed to get to work on time so as to not be docked pay? What about cabbies and delivery people who earn their livings from their vehicles? None of this seems to have factored into the blockader’s minds. Instead, they seemed intent on proving to each other how committed they were to causing disruption regardless of consequence to others.

I have seen this before in other places, most recently in Greece, where anarchists and Trotskyites (in particular but not exclusively) infiltrate peaceful protests and engage in acts of violence in order to provoke what are known as “police riots” (a situation where isolated assaults on individual police officers eventually causes them to collectively lash out indiscriminately at protesters). Fortunately, NZ does not have the type of violent activist whose interest is in causing a police riot. Unfortunately, it has activists who seemingly are more interested in establishing and maintaining their street credentials as “radicals” or “militants” than using protest and civil disobedience as an effective counter-hegemonic tool. So what ended up happening was that the Sky City protestors were portrayed by the corporate media and authorities as anti-social misfits with no regard for others while the Queen Street march was briefly acknowledged, then forgotten.

On a more positive note, Jane Kelsey has to be congratulated for almost single-handedly re-defnining the terms of the debate about TPPA and keeping it in the public eye. As someone who walks the walk as well as talk the talk, she was one of the leaders of the Queen Street march and has comported herself with grace and dignity in the face of vicious smears by government officials and right wing pundits lacking half the integrity she has. I disagree about the concerns she and others have raised about secrecy during the negotiations, in part because I know from my reading and practical experience while working for the US government that all diplomatic negotiations, especially those that are complex and multi-state in nature, are conducted privately and only revealed (if at all) to the public upon completion of negotiations (if and when they are).

For example, the NZ public did not get to see the terms of the Wellington and Washington Agreements restoring NZ as a first-tier security partner of the US until after they were signed, and even today most of their content has been ignored by the press and no protests have occurred over the fact that such sensitive binding security arrangements were decided without public consultation. More specifically with regards to the TPPA, no public consultations were held in any of the 12 signatory states, and in the non-democratic regimes governing some of those states the full details have still not been released. Even so, I do think that it was a good opposition ploy to harp about “secrecy” as it simply does not smell right to those not versed in inter-state negotiations. In any event, what Ms. Kelsey did was exactly what public intellectuals should be doing more often–informing and influencing public opinion for the common good rather than in pursuit of financial or political favour.

I would suggest that opponents of the TPPA focus their attention on the Maori Party and its MPs. The Green Party’s opposition to TPPA is principled, NZ First’s opposition is in line with its economic nationalism and the Labour Party’s opposition is clearly tactical and opportunistic (at least among some of its leaders). So the question is how to wrestle votes away from the government side of the aisle when it comes to ratification. Peter Dunne and David Seymour are not going to be swayed to change sides, but the Maori Party are in a bit of an electoral predicament if they chose to once again side with the economic neo-colonialists in the National government.

For all the sitting down in the middle of public roadways, it may turn out that old fashioned hardball politicking may be the key to successfully stymying ratification of the TPPA in its present form.

Now THAT would be clever.

 

Suggestions for the Intelligence Review Committee.

datePosted on 14:40, August 27th, 2015 by Pablo

Readers will know that I expressed my unhappiness with the composition of the Intelligence Review committee and my belief that, save some cosmetic changes, a whitewash of the NZ intelligence community (NZIC) could be in the offing. Although I spoke with several people who were making public submissions to the committee (the deadline for which has passed), I decided not to waste my time given the press of other business and likely futility of doing so.

To my surprise, a month or so ago I was invited to speak privately with the committee, which for those who do not know consists of Sir Michael Cullen and Dame Patsy Reddy. The terms of reference for the committee are quite narrow on the face of it but I took the view that they can be interpreted more broadly in the context of the Review. The two major terms of reference focus on whether the legislative frameworks governing the New Zealand Intelligence Committee (NZIC, and GCSB and NZSIS in particular) “are well placed to protect New Zealand’s current future national security, while protecting individual rights; (and)..whether the current oversight arrangements provide sufficient safeguards at an operational, judicial and political level to ensure that the GCSB and NZSIS act lawfully and maintain public confidence.”

More specific matters subject to the Review include whether the 2014 Foreign Fighters Act should be extended or modified before its March 31 2017 expiry date; and whether the definition of ‘private communication’ in the GCSB legislation is satisfactory.

I decided that I would accept the opportunity to speak with Sir Michael and Dame Patsy in spite of my reservations about the Review process. Without going into the details of the meeting, here is some of what I outlined to them.

I started off by noting that much of the commentary about the NZIC was mistaken in its classification of the GCSB as the “foreign” spy agency and the NZSIS as the “domestic” spy agency. I pointed out that the proper classification was that the GCSB is the signals and technical intelligence agency (SIGINT and TECHINT in the parlance) and that the NZIS is the human intelligence agency (HUMINT). Both have domestic as well as foreign espionage roles, although these needed to be explicitly detailed in law and circumscribed as much as possible when it came to the domestic side of the fence.

I continued by stating that the Countering Foreign Terrorist Fighters Act needs to be abolished. People who commit violent crimes abroad, particularly war crimes and crimes against humanity, can be detained and/or charged under criminal law and extradited to face justice in the jurisdictions in which the crimes were committed. If that is not possible they can be tried by the International Court of Justice in The Hague. This is true whether they are identified as individuals or as members of a group that commits atrocities. So long as there is evidence of involvement in criminal acts, there currently are means of ensuring they face justice without politicising the cause.

I said no to the idea of revoking their passports to prevent their return and noted that the presumption of innocence should apply to returning fighters who are not implicated in atrocities even if they were involved in foreign conflicts. I also noted that according to Western intelligence estimates, less than 50 percent of those who travel to fight with ISIS return alive, and of those the vast majority are too traumatised to consider committing acts of violence on home soil.

We had a lengthy discussion on what constitutes a “private communication.” The 2014 GCSB Act states that it  anything a person could reasonably expect to be public in nature, say a Twitter or Facebook posting or even email on providers such as Google or Yahoo that data mine their clients information for advertising purposes (all of which is voluntarily agreed to by clients under the terms of service, which is what they are required to tick off on before setting up an account). I feel that definition is too vague, broad and permissive when it comes to GCSB powers of electronic surveillance. My bottom line is that a private electronic communication is akin to a dinner table conversation: that which a person has a reasonable expectation will not be repeated or listened to by people outside of the immediate context in which it was made.  I noted that personal data mining for advertising purposes was a bit different than the State doing so for security purposes–especially when it does so without consent (since I doubt many people ticked a box allowing the GCSB or other intelligence agencies to monitor their private communications).

If the authorities cannot read our snail mail letters without a warrant or consent, I do not believe that they can read our electronic mail without such either. That still leaves the issue of meta-data and bulk collection, but as I have written before, I do not believe that the latter is equivalent to mass surveillance for technical as well as legal reasons.

With regard to legislation, I suggested that the Search and Surveillance Act needs to be narrowed because it has been expanded too much as a result of post 9/11 hysteria. I also suggested that the GCSB Act be reviewed and narrowed with regards to its powers of domestic espionage. Although I have no real problem with its “Assistance” role when it comes to aiding the NZSIS or Police on home soil, and fully understand that the Act needed to be upgraded to cope with cyber espionage, crime and warfare, I believe that its powers of warrantless surveillance on NZ soil are too broad and intrusive. Narrowing the GCSB Act would still allow the GCSB to engage in defensive measures and counter-espionage with or without the help of its sister agencies, but it would prevent it from conducting offensive operations against NZ domestic targets without a warrant.

Most of what I had to say about legislation consisted of a proposal that the NZSIS Act be amended so that it is stripped of its domestic espionage and security vetting functions. Those should be moved to the NZ Police (who need to be resourced accordingly), since the Police already do much domestic spying and background checks. Perhaps even an FBI or MI5-type civilian domestic espionage agency could be created that answers directly to Crown Law if not the Attorney General (fully understanding the political nature of the latter). The reason for this proposal is that as things stand the NZSIS does foreign human intelligence gathering, domestic human intelligence gathering, counter-espionage and security vetting. An agency of 300 people (counting clerical staff) might be able to do one, perhaps two of these tasks adequately, but it simply cannot do all four anywhere close to efficiently or effectively. Since the type of signal and technical intelligence collected by the GCSB and its foreign partners can only paint part of any given intelligence picture, it behooves the NZSIS to complement that with an autonomous human intelligence capability that focuses on areas of foreign policy priority or concern. It is important to know about the context–as in culture, mores, norms, personalities, interests and attendant modes of behaviour–in which signals and technical intelligence is obtained, and that should be done independently by NZ in areas of priority interest (say, the South Pacific).

In terms of oversight I noted the gross inadequacy of the current “arrangements.” I suggested that there  needs to be better parliamentary and judicial oversight of the NZIC, and that this has to be proactive as well as retroactive in nature. If I was running the show I would leave the Inspector General of Intelligence and Security (IG) as the in-house executive branch oversight mechanism, perhaps by re-locating the IG office to Crown Law jurisdiction and out of the immediate control (via resourcing) of the NZIC and Prime Minister’s office (DPMC). I also have little issue with the current state of the Commissioner of Warrants and Minister of Intelligence and Security signing off on warrants.

Yet I spent considerable time explaining how important a division of powers is when it comes to intelligence oversight in order to avoid bureaucratic “capture” by the NZIC. I proposed that a dedicated parliamentary committee on Intelligence and Security be created, as an agency of parliament with its own permanent staff, that would have proactive and retroactive powers of compulsion under oath. This agency would serve as the non-partisan, apolitical support base for the Select Committee on Intelligence and Security comprised of politicians, and that the Select Committee include members from all parties that receive over 5 percent in the previous election distributed proportionally, with the PM serving as the tie-breaking vote.

Both the Select Committee and permanent staff would have the ability to investigate operational matters and scrutinise classified material rather than rely on unclassified summaries provided by the Directors of the GCSB, NZSIS and other intelligence shops like the NAB. This would require them to sign secrecy oaths but so be it–if they want to sit at the table that is the price the politicians will have to pay (the permanent staff of the committee will of course have been security vetted in order to receive clearance to handle classified material). I fully realise that all of this will cost money and encounter bureaucratic and political resistance, but I think it is very important to undertake these reforms in order to prevent the type of NZIC excesses that have brought us to the current moment.

In order to resolve disagreements  and arbitrate disputes between the NZIC, the IG and parliamentary committee on matters of lawful and unlawful NZIC activities, I suggested that an intelligence tribunal or juridical review panel be formed using High Court justices, QCs or other distinguished jurists. This would serve as the court of last recourse and final appeal on all matters pertaining to the legality of NZIC operations.

Finally, I reiterated my belief that Edward Snowden provided NZ with the opportunity to re-negotiate some of the terms of agreement with its 5 Eyes partners. These will not disrupt the core of the agreement, much less result in NZ’s exit from 5 Eyes. But it could allow NZ to withdraw from conducting front-line offensive intelligence operations against states that have great leverage on it, be it in trade or other areas vital to NZ’s well-being. Thus, for example, NZ could ask to not take the lead in spying on the Chinese in the South Pacific simply because if that were to be made public the Chinese would have to respond even if just to save face (and I believe that the need to respond involves a heck of a lot more than matters of national pride or “honour”). The PRC cannot retaliate to any punishing extent against the other 5 Eye partners given the strategic leverage these have relative to it. But little ‘ole NZ is very vulnerable on that score and could be an easy whipping boy for the Chinese should they want to get the message out that impudent small nations mess with it at their peril.

This re-negotiation does not preclude from NZ doing defensive spying and counter-espionage against any state or non-state actor. But it keeps NZ out of the line of fire of aggrieved large powers should the nature and extent of 5 Eyes espionage continue to be publicly exposed thanks to the Snowden material.

The response of the committee was polite but succinct: the last suggestion was beyond their terms of reference.

 

So much for intelligence community reform.

datePosted on 18:36, February 17th, 2015 by Pablo

It turns out that nearly 5 months after getting re-elected, the government has decided on the composition of the Intelligence and Security Committee (ISC). Besides himself as Chair of the ISC, the Prime Minister gets to select two members from the government parties and the Opposition Leader gets to select one member from opposition parties.  In both cases the respective Leaders are expected under Section 7 (1) (c,d) of the 1996 Intelligence and Security Committee Act to consult with the other parties on their side of the aisle before selecting the remaining members of the committee. The language of the Act is quite specific: “c) 2 members of the House of Representatives nominated for the purpose by the Prime Minister following consultation with the leader of each party in Government: (d) 1 member of the House of Representatives nominated for the purpose by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.” (1996 ISCA, pp. 6-7).

Not surprisingly the government has nominated two National MPs, Attorney General Chris Finlayson and Justice Minister Amy Adams, for membership on the ISC. It is not clear if ACT, the Maori Party and United Future were consulted before their selection. What is more surprising is that Andrew Little nominated David Shearer and did not consult with opposition parties before making his selection. While Shearer is a person with considerable international experience and has been a consumer of intelligence (as opposed to a practitioner) during his career, Mr. Little has been neither. In fact, it can be argued that Mr. Little has the least experience of all the proposed members when it comes to issues of intelligence and security, which means that he will have to lean very heavily on Mr. Shearer if he is not not be overmatched within the ISC.

Moreover, in past years Russell Norman, Peter Dunne and Winston Peters have been on the ISC, so the move to re-centralise parliamentary oversight in the two major parties represents a regression away from the democratisation of representation in that oversight role. Since these two parties have been in government during some of the more egregious acts of recent intelligence agency misbehaviour (for example, the Zaoui case, where intelligence was manipulated by the SIS to build a case against him at the behest of or in collusion with the 5th Labour government, and the case of the illegal surveillance of Kim Dotcom and his associates by the GCSB in collusion or at the behest of the US government under National, to say nothing of the ongoing data mining obtained via mass electronic trawling under both governments), this does not portend well for the upcoming review of the New Zealand intelligence community that this ISC is charged with undertaking.

The Greens have expressed their disgust at being excluded and have, righty in my opinion, pointed out that they are the only past members of the ISC that have taken a critical look at the way intelligence is obtained, analysed and used in New Zealand. But that appears to be exactly why they were excluded. According to John Key,  Labour’s decision was “the right call” and he “totally supports it.” More tellingly, Mr. Key said the following: “A range of opposition voices from the minor parties could railroad the process. I don’t think the committee was terribly constructive over the last few years, I think it was used less as a way of constructing the right outcomes for legislation, and more as a sort of political battleground” (my emphasis added).

In other words, Russell Norman took his membership on the ISC seriously and did not just follow along and play ball when it came to expanding state powers of search and surveillance under the Search and Surveillance Act of 2012 and GCSB Act of 2014.

That is a very big concern. Mr. Key believes that the “right” outcomes (which have had the effect of expanding state espionage powers while limiting its accountability or the institutional checks imposed on it) need to be produced by the ISC when it comes to the legal framework governing the intelligence community. Those who would oppose such outcomes are not suitable for membership, a view with which Andrew Little seems to agree.

This is so profoundly an undemocratic view on how intelligence oversight should work that I am at a loss for words to  explain how it could come from the mouth of a Prime Minister in a liberal democracy and be tacitly seconded by the Leader of the Opposition–unless they have genuine contempt for democracy. That is a trait that W. Bush, Tony Blair and John Howard shared as well, but what does that say about the state of New Zealand democracy?

Mr. Little has given his reason to exclude Metiria Turei of the Greens from ISC membership as being due to the fact the Mr. Norman is stepping down in May and Mr. Little wanted “skills, understanding and experience” in that ISC position. Besides insulting Ms. Turei (who has been in parliament for a fair while and co-Leader of the Greens for 5 years), he also gave the flick to Mr. Peters, presumably because that old dog does not heel too well. As for Mr. Dunne, well, loose lips have sunk his ship when it comes to such matters.

The bottom line is that Mr. Little supports Mr. Key’s undemocratic approach to intelligence oversight. Worse yet, it is these two men who will lead the review of the NZ intelligence community and propose reform to it, presumably in light of the debacles of the last few years and the eventual revelations about NZ espionage derived from the Snowden files.

As I said last year in the built-up to the vote on the GCSB Amendment Act,  I doubted very much that for all its rhetorical calls for an honest and thorough review process that led to significant reform, Labour would in fact do very little to change the system as given because when it is in government it pretty much acts very similar to National when it comes to intelligence and security. If anything, the differences between the two parties in this field are more stylistic than substantive.

What I could not have foreseen was that Labour would drop all pretence of bringing a critical mindset to the review and instead join National in a move to limit the amount of internal debate allowable within the ISC at a time when it finally had an important task to undertake (in the form of the intelligence community review).

As a result, no matter how many public submissions are made, or how many experts, interest groups and laypeople appear before the ISC hearings, and how much media coverage is given to them, I fear that the end result will be more of the same: some cosmetic changes along the margins, some organisational shuffles and regroupings in the name of streamlining information flows, reducing waste and eliminating duplication of functions in order to promote bureaucratic efficiency, and very little in the way of real change in the NZ intelligence community, especially in the areas of oversight and accountability.

From now on it is all about going through the motions and giving the appearance of undertaking a serious review within the ISC. For lack of a better word, let’s call this the PRISM approach to intelligence community reform.

LINK: The Intelligence and Security Committee Act 1996.

Whither the class line?

datePosted on 10:58, November 20th, 2014 by Pablo

In 1995 I published a book that explored the interaction between the state, organised labor and capital in the transitions to democracy in Argentina, Brazil, and Uruguay. The book was theoretically rooted in neo-or post-Gramscian thought as well as the vast literature on collective action and the politics of the case studies. In it I explained how democratic transitions were facilitated by class compromises between labour and capital brokered by the state, which acted as an institutional mediator/arbitrator in resolving conflicts between the two sides of the labour process. I noted the importance of neo-corporatist, tripartite concentrative vehicles for the achievement of a durable class compromise in which current wage restraint was traded for increased productivity in pursuit of future wage gains under restrained rates of profit-taking, all within state-enforced workplace, health, safety and retirement frameworks negotiated between the principles. That way the relations in and of production were peaceably maintained.

One of the things I discovered is that labour or working class-based parties were served best when they had union representation in the leadership. That is because, unlike career politicians, union leaders were closest to the rank and file when it came to issues pertinent to those relations in and of production. As a result, they translated the needs of the rank and file into political imperatives that determined working class political praxis under democratic (read non-revolutionary) conditions.

In contrast,Left politicians tended to be drawn from the intelligentsia and were prone to compromise on matters of principle in pursuit of strategic or tactical gain. Many did not have working class backgrounds, and some spent their entire careers, if not adult lives, currying favour in the pursuit of office and the power that comes with it. More than a few have never held a job outside of the political sphere, which led them to hold an insular view of how working class politics should be conducted. As a result, they were often disinclined to put the material or political interests of the working classes first, preferring instead to pursue incremental gains around the margins of the social division of labour within the system as given.

For those reasons, I found that working class interests were best represented when the union movement dominated the working class party, not the other way around.

But there was a caveat to this discovery: unionists only served as legitimate and honest agents of working class interests if they adhered to a class line. In other words, they had to be genuine Marxists or socialists who put the working class interest first when it came to the pursuit of politics in competition with the political agents of capital. “Class line” was broadly interpreted to include all wage labour–blue and white collar, temporary and permanent, unionised or not. That made them honest interlocutors of the people they represented (the ultimate producers of wealth), since otherwise they would be conceding the primacy of capital and business interests (the appropriators of surplus) in the first instance.

Since the system is already stacked in favour of capital in liberal democracies, it was imperative that the agents of the working class in post-auhoritarian contexts wholeheartedly and honestly embraced ideologies that a minimum rejected the unquestioning acceptance of market directives as a given, much less the idea that capitalism as a social construct was the best means by which societal resources were organised and distributed. The post-transitional moment was an opportune time to press the critique of capitalism, as the authoritarian experiments had demonstrated quite vividly the connection between political oppression and economic exploitation. It was a moment in time (the mid to late 1980s) when unions could impose working class preferences on the political parties that purported to represent the rank and file, and where working class parties could genuinely speak truth to power.

As it turns out, the record in the Southern Cone was mixed. Where there was a Marxist-dominated national labour confederation that dominated Left political representation (Uruguay), the political Left prospered and the working class benefitted the most. In fact, after two decades of failed pro-business government by the centre-right Colorado Party, the union-backed Frente Amplio coalition has now ruled for over a decade with great success and Uruguay remains Latin America’s strongest democracy.

On the other hand, where the union movement was controlled by sold-out opportunists and co-opted bureaucrats (Argentina), who in turn dominated the majority Left political party (the Peronists), corruption and concession were the norm and the working classes benefited the least. In fact, in a twist on the New Zealand story, it was a corrupt, sold-out and union-backed Peronist president, Carlos Menem, who used the coercively-imposed market driven economic reforms of the military dictatorship as the basis for the neoliberal agenda he implemented, by executive decree, in Argentina in accordance with the so-called “Washington Consensus.”

In Brazil the union movement was divided at the time of the transition between a Marxist-dominated militant confederation (the CUT), led by Luis Inganicio da Silva or “Lula”as he was better known,  and a cooped confederation (the CGT) that had emerged during the military dictatorship and which was favoured by business elites as the employee agent of choice. The CUT dominated the politics of the Workers Party (PT), whereas the CGT was subordinated to the logics of the political leadership of the right-center PMDB.

As things turned out, although the PMDB won control of the national government in the first two post-authoritarian elections, and the subsequent governments of social democrat Fernando Henrique Cardoso began a number of social welfare projects designed to reduce income inequality and enforce basic human rights, working class interests did not fully proposer until the PT under Lula’s leadership was elected in 2002 (the PT just won re-election for the fourth consecutive time under the presidency of Lula’s successor Dilma Rouseff).  In the PT Marxist unionists have dominant positions. In the PMDB and Cardoso’s PSDB, the sold-out unionists did not.

That brings me to the the election of Andrew Little as Labour Party Leader. Leaving aside the different context of contemporary New Zealand relative to the subject of my book and the question as to whether the union movement truly dominates the Labour Party, consider his union credentials. His background is with the EPMU, arguably the most conservative and sold-out union federation in the country. In fact, he has no record of “militancy” to speak of, and certainly is not a Marxist. Instead, his record is that of a co-opted union bureaucrat who likes to work with the Man rather than against Him. The fact that business leaders–the same people who work incessantly to strip workers of collective and individual rights under the  guise of employment “flexibilization”– find him “reasonable” and “thoughtful” attests not only to his powers of persuasion but also to the extent of his co-optation.

But maybe that was just what he had to do in order to achieve his true calling and show his true self as a politician. So what about his credentials as a politician? If winning elections is a measure to go by, Mr. Little is not much of one, having never won an election outside his unions. Nor has his tenure as a list MP in parliament been a highlight reel of championing working class causes and promoting their interests. As others have said, he smacks of grey.

Which brings me to the bottom line. Does he have a class line?

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