Posts Tagged ‘National’

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.

Media Link: To the point on NZ and IS.

datePosted on 10:59, February 4th, 2015 by Pablo

We already know that John Key dissembles and misleads, especially on matters of security and intelligence. NZ is soon to put troops into Iraq as part of the effort to roll the Islamic Sate (Isis is an Arabic girl’s name) out of that country. For whatever reason Mr. Key will not admit to this even after the British Foreign Secretary mentioned that the NZ contribution will be a company sized (“100 odd” in his words) detachment.

The evidence of military preparation is very clear, with an especially selected infantry company training for desert warfare at Waiouru over the past few months and a detachment of SAS soldiers rumored to be already in theatre. The US and other anti-IS coalition partners have announced preparations for a Northern spring offensive against IS, centred around taking back Mosul from the jihadists.  The decision to launch the offensive and the division of labor involving participating ground forces was made at the working meeting of coalition military chiefs in Washington DC last October (the chief of the NZDF attended the meeting although at the time Mr. Key said no decision had been made to send troops). Since the NZDF cannot contribute combat aircraft, armour or even heavy lift assets, it is left for the infantry to join the fray, most likely with a fair share of combat medics and engineers.

With his misrepresentations  John Key only obscures the real issue. New Zealand has no option but to join the anti-IS coalition (which he has said is the price for being in “the club”) given the international commitments it has already made.

There are three specific reasons why NZ has to join the fight, two practical and one principled.

The practical reasons are simple: First, NZ’s major security allies, the US, UK and Australia, are all involved as are France, Germany and others. After the signing of the Wellington and Washington security agreements, NZ became a first tier security partner of the US, and as is known, it is an integral member of the 5 Eyes signals intelligence network. It therefore cannot renege on its security alliance commitments without a serious loss of credibility and trust from the countries upon which it is most dependent for its own security.

Secondly, most of New Zealand’s primary diplomatic and trading partners, including those in the Middle East, are involved in the anti-IS coalition. Having just secured a UN Security Council temporary seat at a time when the UN has repeatedly issued condemnations of IS, and having campaigned in part on breaking the logjam in the UNSC caused by repeated use of the veto by the 5 permanent members on issues on which they disagree (such as the civil war in Syria), NZ must back up its rhetoric and reinforce its diplomatic and trade relations by committing to the multinational effort to defeat IS. Refusing to do so in the face of requests from these partners jeopardises the non-military relationships with them.

The third reason is a matter of principle and it is surprising that the government has not made more of it as a justification for involvement. After the Rwandan genocide an international doctrine known as the “Responsibility to Protect” (R2P) was agreed by UN convention to prevent future horrors of that sort. It basically states that if a defenceless population is being subject to the depredations of its own government, or if the home government cannot defend the population from the depredations of others, then the international community is compelled to use whatever means, including armed force, to prevent ongoing atrocities from occurring. There can be no doubt that is the situation in parts of Iraq and Syria at the moment. Neither the Assad regime or the Iraqi government can defend minority communities such as Kurds or Yazidis, or even non-compliant Sunnis, from the wrath of IS.

That, more than any other reason, is why NZ must join the fight. As an international good citizen that has signed up to the R2P, NZ is committed in principle to the defense of vulnerable others.

So why have the Greens, NZ First and Labour (or at least Andrew Little) opposed the move?

The Greens are true to form with their pacifist and non-interventionist stance, but they are ignoring the matter of international principle at stake. NZ First is its usual isolationist self, acting blissfully unaware of the interlocking web of international networks and commitments that allow NZ to maintain its standard of living and international reputation (in spite of having Ron Mark to speak to military issues).

Most of all, why has Andrew Little run his mouth about reneging on the NZDF contribution to the anti-IS coalition (which involves formal and time-constrained commitments)? Little has previous form in displaying ignorance of international affairs, but this level of hypocrisy takes the cake. Does he not remember that the 5th Labour government started the rapprochement with the US after 9/11, and that it was the 5th Labour government that initially deceived and misled about the real nature of the SAS role in Afghanistan as well as  the true nature of the mission in Southern Iraq (which is widely believed to have involved more than a company of military engineers). Is he not aware that a responsible country does not walk away from the security alliance, diplomatic and trade commitments mentioned above? Did he not consult with Helen Clark, Phil Goff or David Shearer before this brain fart (or did they gave him the rope on which to hang himself)? Does he really believe, or expect the informed public to believe, that on defense, security and intelligence issues Labour in 2015 is really that different from National? If so, it is he, not us, who is deluded.

All this shows is that Labour is still unfit to govern, or at least Little is not. If he does not understand the core principles governing international relations and foreign affairs, or if he chooses to ignore them in favour of scoring cheap political points, then he simply is unsuited to lead NZ before the international community. There is a big difference between being a political party leader and being a statesman. It is clear that John Key is no statesman, but his glib and jocular nature gives him the benefit of international respect so long as he backs up his talk with the appropriate walk. By comparison, Andrew Little comes off as some provincial rube who cannot see further than the nearest bend in the road.

Whether we like it or not–and there are plenty of things not to like about getting involved in what could become another military morass in the Middle East–NZ has an obligation to get involved in the fight against IS. The obligation stems not just from the particular disposition of this National government but from years of carefully crafted international ties under successive governments that give practical as well as principled reasons for involvement. Andrew Little should know that, and the Greens and NZ First need to understand that this is not about belonging to some exclusive “club” but about being a responsible global citizen responding to the multinational call for help in the face of a clear and present danger to the international community. Because if IS is not a clearly identifiable evil, then there is no such thing.

In any event the fight against IS is dangerous but cannot be avoided.

 

Big Vehicle

datePosted on 01:12, September 24th, 2014 by Lew

The matters I discussed in the previous post to do with reality-adjacent campaigning are about targeting voters with messages they can grok about issues they care about. But empiricism is not much good for deciding a party’s ideological values or for developing policy. Parties made up of committed ideologues remain indispensable for that reason.

As is often pointed out to me, I am not such a person. I have never been a member of a party, nor involved in a campaign, and I have little desire to do either. For some people this means I obviously don’t know what I’m talking about; fair enough. As an analyst, I prefer the outsider’s perspective. I don’t feel any pressure to be loyal to bad ideas or habits, and I try to answer only to the evidence. Ironically, though, there isn’t much hard evidence for the arguments I’m about to make about the medium-term future of the NZ left. Nobody has any. It’s value-judgements all the way down. So my reckons are as good as anyone else’s, right?

“That doctrine of the Little Vehicle of yours will never bring the dead to rebirth; it’s only good enough for a vulgar sort of enlightenment. Now I have the Three Stores of the Buddha’s Law of the Great Vehicle that will raise the dead up to Heaven, deliver sufferers from their torments, and free souls from the eternal coming and going.”
– Bodhisattva Guanyin, Journey to the West

For mine, the major shift from the 2014 election — apart from the unprecedented dominance of the National party — is away from Small Vehicle politics and towards Big Vehicle politics. Only National and NZ First gained modestly. All other parties all failed to meet the threshold or lost support. The destruction of Internet MANA and the failure of a much-improved Conservative party demonstrates that there is no tolerance for insurgency, and the cuts to Labour and the Greens indicates that any confusion or hinted shenanigans will be brutally punished. National can govern alone; it is including ACT, United Future and the Māori Party as a courtesy, and to provide cover. This is Key’s money term. It should be a period of grand political themes and broad gestures, and the left needs to attune itself to this reality: Labour needs to take the responsibility of being a mass movement with broad appeal and capability; a Big Vehicle. The Greens will hopefully get bigger, but I think they will remain a Small Vehicle, appealing to relatively narrow interests, however important they are.

Assuming it doesn’t annihilate itself utterly in the coming weeks, Labour will be the core of any future left-wing government, but the strategies that served it poorly as a substantial party of opposition will be utterly untenable in its diminished state. Throughout most of the past six years, Labour has been the party opposed to National. They haven’t been a party that clearly stands for anything, that projects the sort of self-belief that National, the Greens, and even NZ First does.

Labour therefore needs to re-orient its conduct and messaging to its core values, and those are fundamentally about secure and prosperous jobs for the majority of working people, and those who rely on the state as the provider of last resort. But I am emphatically not calling for a retreat to doctrinaire materialism at the expense of superstructural considerations. The demographic groups that kept Labour alive this election were women (6.6 points higher than men), Māori, and Pasifika, and the party would be insane not to recognise the debt that they owe these voters. Of 11 MPs in whose electorates Labour won the party vote, only one — David Clark — is Pākehā, and in his electorate of Dunedin North Labour got 24 votes more than National. Five (Williams, Mahuta, Sepuloni, Wall, and Whaitiri) are women. The return of Te Tai Hauāuru, Tāmaki Makaurau and especially Te Tai Tokerau to Labour underscores the opportunity that exists to reconnect with Māori.

There will be enormous pressure to begin taking these voters for granted again, and it must be vigorously resisted. As for talk of reaching out to “the base” — a party’s “base” is who votes for it when it is at its lowest. Labour’s base as demonstrated by the 2014 election is comprised largely of working-class women, Māori, and Pasifika. So policy proposals that impact those groups more directly — parental leave, free healthcare, ECE, support for family violence services, social welfare — should not be neglected. By and large, though, these voters will also be motivated by many of the same concerns that speak to anyone else, particularly as the National government’s policies begin to bite. But the party’s appeal must expand well beyond this base into the centre ground. It need not be zero-sum. Labour cannot afford to be caricatured as a party that only cares about those groups, it must be a party that a broad range of people feels like it could vote for — like the party understands their needs, and would act in their interests. The key is framing messages and policies in ways that speaking to the base without alienating the broader public, and to the broader public without excluding the members of these base demographics groups, using separate channels and emphasis where necessary. The key term here is “emphasis”.

The party also has to be smarter and more pragmatic than it has been, especially in social policy. At a minimum, this means an end to opposing Whānau Ora on principle. The new MP for Hauāuru, Adrian Rurawhe, speaking to Radio New Zealand’s Te Ahi Kā on Sunday, has a strong line on this: to not attack the philosophy, to not attack the model, but to attack the implementation of individual schemes. There’s a distinction between cartelised privatisation of service delivery, and self-determination, and a party of Māori aspirations should work, even in opposition, to strengthen and entrench the latter so it can succeed. National has spent six years making policies targeted at Māori, run by Māori and under Māori delivery models politically and culturally acceptable, and has made enormous progress on Treaty claims. Labour must capitalise on these gains. They also provide an opportunity to reach out to the Māori Party, should they survive another term in government and remain viable.

The same imperative also means collaborating with the government on distasteful topics like RMA reform, regional and rural development, and charter schools. The battle over whether these will happen is comprehensively lost; the questions now are how badly are they going to be done, and how much political capital will be wasted in trying to unshit the bed later. Better for Labour to work collaboratively with the government to limit the damage and make the best possible use of the rare opportunity to reform entrenched systems. Let the Greens fight them. Don’t worry! There will be plenty else to oppose.

The Greens are here to stay, and Labour should not be reluctant to bleed some of its liberal-activist support to them, to make up bigger gains elsewhere. This will infuriate many in the activist community, and most everyone on Twitter, but my sense is nearly all of those folks vote Green anyway, and they will be in safe hands. Labour hasn’t been a radical or activist party in recent memory, except for 1984-1990, and we know how that turned out.

There is an opportunity to coordinate and make use of the temperamental differences between the parties, with the Greens taking a more vigorously liberal and activist role against Labour’s moderate incrementalism. The strategy that has been proposed intermittently for ages that Labour should attack the Greens directly is insane — the two parties, while allied, do not and should not substantially share a constituency. Labour, like National, is is a mass movement of the people, and should become more so; the Greens are a transitional insurgent movement seeking to influence the existing mass movements, and they seem intent on continuing in that role.

Of all the Small Vehicles, the Greens are best equipped to thrive in a Big Vehicle-dominant context. New Zealand First will struggle. While Labour should collaborate with the Greens, Labour should contend with NZ First, and aim either to gut it of its voter base or, more plausibly, to drive it towards National where the inevitable contradictions and ideological enmities will probably cause harm to both parties. ACT and United Future are wholly-owned by John Key and are effectively irrelevant.

The worst case for Labour, apart from continuing in the blissful ignorance that nothing is really wrong, would be a retreat into sullen populism, trying to out-Winston Winston or out-Key Key, or chucking the vulnerable passengers overboard so that the ship might float a little higher in the water for those who remain. The party has to have its own identity and its own motive force, and it has rebuild its own constituency. It can be done. I hope they can do it, because we haven’t had an effective Labour party for a long time now, and we really need one.

L

Reality-adjacent

datePosted on 09:59, September 22nd, 2014 by Lew

John Key and David Cunliffe both spent much of the election campaign talking about the dreaded “things that New Zealanders really care about”. But Key, under direct attack, was much more disciplined about sticking to those things. The metacampaign, Dirty Politics, and the Dotcom Bomb were worth nothing more than haughty dismissal. At the time this seemed arrogant and ill-advised — how could he just shrug off such scandal? But he did. The National party ran an orthodox, modern campaign. They stuck to their guns amid all the madness, and the result was triumphant.

The poster child for this campaign was candidate Chris Bishop, who ran an old-fashioned shoe-leather campaign in the Labour stronghold of Hutt South and pushed the party’s strategic genius Trevor Mallard to within a few hundred votes of losing the seat he has held for 20 years. No stunts, no social media hype, no concern for the wittering about his being a former tobacco lobbyist, he just talked to the people and listened to the answers that came back.

But how did they know?
A few days before the election, Russell Brown was polled by Curia, and posted the questions. Russell noted that “these questions aren’t really geared towards firmly decided voters” — and this is key. They don’t presuppose a strong position, they’re simple and to the point, and they lead respondents through a narrative about what leadership is about and what government is for. And they seem as if they would yield an enormous amount of actionable data, not only about what voters value, but about why they value it. On election night, Key singled out Curia pollster David Farrar for particular praise:

“To the best pollster in New Zealand — and don’t charge us more for it — David Farrar, who got his numbers right! And who I rang night after night, even though I was told not to, just to check.”

John Key could afford to dismiss the metapolitics because he had plenty of good data telling him that people didn’t care about it, and to the extent that they did care about it, it favoured him. The single most evident difference between the campaigns is that When John Key said “the things New Zealanders really care about” he actually knew that these were the things that New Zealanders actually care about. The National party ran a reality-based campaign, not a hype-based, or a hope-based, or a faith-based campaign. In this they mirrored the most famous hope-based campaign of all time — Barack Obama’s — where the breezy, idealistic messaging was built on a rock-solid data foundation.

Key seems to have been the only party leader who was really secure in this knowledge. The Greens and Labour did seem to want to stick to their guns, but their data was evidently not as good, and they bought at least some of the hype that Dirty Politics and the Dotcom Bomb would bring Key low. So did I. But nothing much is riding on my out-of touch delusions. But opposition has a responsibility to be, if not reality-based, then at the very least reality-adjacent.

Play, or get off the field
I am a terrible bore on this topic. I have been criticising Labour, in particular, since at least 2007 on their unwillingness or inability to bring modern data-driven campaign and media strategy to bear in their campaigns — effectively, to embrace The Game and play it to win, rather than regarding it as a regrettable impediment to some pure and glorious ideological victory. Mostly the responses I get from the faithful fall under one or more of the following:

  • National has inherent advantages because the evil old MSM is biased
  • the polls are biased because landlines or something
  • the inherent nature of modern neoliberal society is biased
  • people have a cognitive bias towards the right’s messaging because Maslow
  • it inevitably leads to populist pandering and the death of principle
  • The Game itself devours the immortal soul of anyone who plays ( which forms a handy way to demonise anyone who does play)

But data is not a Ring of Power that puts its users in thrall to the Dark Lord. And, unlike the One Ring, it can’t be thrown into a volcano and the world saved from its pernicious influence. Evidence and strategy are here to stay. Use them, or you’re going to get used. The techniques available to David Farrar and the National party are not magic. They are available to anyone. Whether Labour has poor data or whether they use it poorly I do not know. It looks similar from the outside, and I have heard both from people who ought to know. But it doesn’t really matter. Data is only as good as what you do with it. Whatever they’re doing with it isn’t good enough.

The best example from this campaign isn’t Labour, however — it’s Kim Dotcom. He said on election night that it was only in the past two weeks that he realised how tainted his brand was. He threw $4.5 million at the Internet MANA campaign and it polled less than the Māori Party, who had the same number of incumbent candidates and a tiny fraction of the money and expertise. Had he thought to spend $30,000 on market research* asking questions like those asked by Curia about what New Zealanders think of Kim Dotcom, he could have saved himself the rest of the money, and saved Hone Harawira his seat, Laila Harré her political credibility, and the wider left a severe beating.

That is effective use of data: not asking questions to tell you what you want to hear, but to tell you what you need to know. This electoral bloodletting is an opportunity for the NZ political left to become reality-adjacent, and we can only hope they take it. Because if they don’t, reality is just going to keep winning.

L

* In response to this figure, UMR pollster Stephen Mills tweeted “$1000 would have been enough”.

Accountability versus Acceptable Corruption.

datePosted on 16:08, September 4th, 2014 by Pablo

During the 25 years I was in academia I wrote a fair bit on the subjects of democracy and democratisation, both in theory and in practice. I continued in that vein in some of my blogging on this site, including the 5 part series on  deconstructing democracy in 2009. As part of my ruminations, I have delved from time to time into the subject of democratic accountability, specifically its vertical and horizontal dimensions, both of which are absolute requirements for the health of liberal democracy. Among other things and contrary to what some pundits might say, my understanding of the two dimensions of democratic accountability is what allows me to state categorically that dirty politics such as that practiced by the National Party’s vicious wing is not inherent to democracy

Vertical accountability refers to the accountability of the governors to the governed. The signal feature of this dimension are elections of those who govern, but also include the ability of the electorate to demand review, recall or sanction of non-elected officials such as those in the judiciary and civil service if and when their actions become to egregious or are ignored by the other branches of government. There a variety of methods with which to do so, but that requires a degree of horizontal accountability as well. In any event vertical accountability is aided by a robust, critical and independent media that draws public attention to what otherwise might be quiet indiscretions by those in office.

Here is where horizontal accountability comes in. Each branch of government is formally accountable to the others. In the event of malfeasance in one branch the other branches have a right and indeed duty to independently investigate any potential wrong doing. They must maintain a degree of institutional autonomy in order to do so, because otherwise they cannot exercise the degree of inquisitorial independence that is required for transparency and integrity to obtain.

It is this dimension where New Zealand appears deficient, and the proof of that is the inquiry that the Prime Minister has ordered into Judith Collins use of a public servant’s personal information. In this case the PM gets to frame the terms of reference of the inquiry, and has done so in way that assures that Collins will be exonerated. In political circles this might be called narrowing the focus to what is strictly illegal, but in common parlance it is known as acceptable corruption.

The inquiry conducted by the Inspector-General of the SIS into the hasty OIA release of sensitive SIS documents to a blogger linked to the government is more independent and therefore more transparent and honest, assuming that the IG does her job correctly.

But the problem remains that horizontal accountability in NZ is nowhere what it should be. Parliamentary committees are dominated by the government and often have limited inquisitorial powers. Crown Law has, time and time again, adjusted its prosecution priorities to accord more closely with government interests (recall the time and cost of the Zaoui and Urewera prosecutions, both of which ultimately reduced to far less than the government initially alleged). Some judges are said to lean politically one way or another when it comes to examining government behaviour.

Less we think that this overly friendly relationship between government and prosecutors be exclusive to National, let’s remember that the two prosecutions cited above began (and in Zaoui’s case ended) under the 5th Labour government.

Some say that the lack of a written constitution impedes the full exercise of horizontal accountability in NZ. Perhaps that is so but I also think that it is a product of habitual practice in a small country, where the political elites are for the most part a relatively small club that play by their own informal rules as much as they do by the law. Those in government are given fairly broad license when it comes to how they account for their actions to the other branches. Those in opposition wait for their turn in office to do the same. The judiciary and public bureaucracy publicly maintain their independence but at a senior level they play close attention to the interests of the government of the day.

Voters give a veneer of vertical accountability to the status quo by turning out for elections. Their susceptibility to spin and deflection makes them targets of the dirtier machinations of politicians, and in the absence of genuine horizontal accountability counter-weights that is all that is needed to govern. In such a context governance is all about bread and circus, or in the NZ case, pies and rugby. The fact that National has not suffered much in pre-election polling pretty much confirms this truth.

It can be argued that this is politics as usual, in the form of one hand washing the other in the interest of political stability. Indeed, all of this is perfectly acceptable, except that it is also perfectly, albeit not by legal definition, corrupt. But what is wrong with a little acceptable corruption amongst political friends so long as the public does not care and there are no real institutional checks on what they do so long as they do it quietly?

I could be wrong on this and John Key is just being a jerk when it comes to the terms of the Collins inquiry.  But something tells me that the rot runs much deeper, and it will not stop should he and his nasty pack of party colleagues be voted out of office later this month.

Ducking for Cover

datePosted on 16:56, August 15th, 2014 by Pablo

It has been fun watching National and its minions duck for cover, throw up smokescreens, attempt diversions and resort to slander and defamation in response to Nicky Hager’s book. I am not sure that the revelations will have an impact outside of political circles and a media that has heretofore treaded carefully around the Prime Minister and his key lieutenants, so am not confident that they will sway the upcoming election even if more unsavoury news comes out about how National plays dirty. Perhaps as the first in a one-two punch that has Glen Greenwald’s  presentation on New Zealand’s spying activities on Sept 17 as the follow up, Hager’s  revelations will stir voters from their complacency and undermine public confidence in John Key’s leadership.

That remains to be seen, especially since the All Blacks have started their season.

What I do think is that staff members of agencies mentioned in the book and assorted hangers-on and wanna-be’s who are part of or have links to the network of informants and dirt-mongerers that underpin National’s dirty tricks operations are bound to be running pretty scared.  As such, they are the Achilles Heel of National’s dirty tricks operations now that they risk being exposed. Imagine if you are a staffer for a Minister or a corporate executive that exchanged information or money with Slater in return for favourable coverage or smears on opponents? Would you not see that the ugly head of plausible deniability would likely rest on blaming someone in a subordinate position who can be sacrificed in order to save the ship? Would it not by prudent to bail out early rather than be the sacrificial lamb?

Imagine if you are a local Tory candidate or some other useful blogging fool who fed information to Whaleoil’s network on the personal affairs of opponents in order to discredit or blackmail them in the hope of Slater giving you a positive plug, and now realise that your communications are in Hager’s hands (because it is pretty clear from Nicky’s comments that there is more in his possession than what is in the book). Would you not be scrambling through your email and other communications records with the dirty tricks network to see what damage could be headed your way? Would you not be concerned about your career or livelihood once the dishonesty and depths to which you stooped are revealed? Aaron Bhatnagar, Kathryn Rich and some minor Rightwing bloggers come to mind, but there are plenty of others.

Of course, it is the corporate executives and politicians that work with Whaleoil who have the most to lose, but before they do they can take down many others with them. Thus the rational thing to do is for the rats to abandon the sinking ship rather than go down with it. Assuming that the media does its job and delves into the revelations and implications of Hager’s book, the rats will be flushed out. That is why I anticipate much more amusement to come.

One postscript: What Left-leaning blogs do in NZ is no way comparable to what Slater does, nor is what he does politics as usual in a civilised democracy. Lefties may gossip obliquely about Righties’ private lives and may say nasty things about them in their blogs, but none that I know of, including those that are strident and hysterical in nature, resort to trawling the opposition gutter in search of salacious or embarrassing personal details, publishing privileged information, printing interest group press releases under false pretences and colluding with public officials and private firms to denigrate and smear perceived opponents.  It is one thing to openly accept union money or to have party members blogging under pseudonyms in support of Left parties or causes; it is quite another to under-handedly pollute the political blogosphere in order to destroy people.

The irony is delicious. After years of Slatering the weak, the vulnerable, the defenceless and occasionally those who deserve it, Whaleoil himself has been Slatered. After all, Nicky got his information in a Slater type of way. But unlike the original, Nicky Hager’s Slatering of Whaleoil’s network was done simply by using their own words rather than secret tip lines, unethically provided (de)classified government information, private back channels and gossip columnist innuendo.

It could not have happened to a more deserving crowd.

PPS: Slater is now playing the victim, saying that he is getting threats and that his private stuff was stolen (irony alert). David Farrar (who may be hyper partisan but is is nothing akin to Slater in my opinion) is doing a bit of the latter as well. Slater is also saying that the emails from Collins and Ede were on gmail accounts so could have been from anybody. As I said above, the denials and diversions are in full swing. Can shifting blame and finger pointing be far behind? People who are subordinate to or associated with the key players in this scandal might do well to get out while their reputations are still intact.

Culture, strategy and an end to the phony war

datePosted on 08:07, August 14th, 2014 by Lew

It is a truth universally acknowledged that, in business and elsewhere, culture eats strategy for lunch.

Nicky Hager’s latest book Dirty Politics (which I haven’t read, but here’s Danyl’s summary) seems certain to cause a strategic shift in the electoral landscape. It should give credence to some of the left’s claims about the National party, and turn public and élite scrutiny on the character and activities of the Prime Minister and his closest aides, including his apparently-extensive irregular corps of bin men, turd-mongers and panty-sniffers. To do so is probably its primary purpose, and the timing and cleverly-built hype around the book reflects this.

But what I hope is that it also produces a cultural shift in New Zealand politics — weakening, or at least rendering more transparent, the intrigue and back-room, or back-door, dealing that characterises this sort of politics.

The book apparently alleges that the Prime Minister’s office is at the heart of a broad network of nefarious intelligence and blackmail, where they collect and hold a lien over the career or private life of everyone close to power. Nobody is their own person; everyone is owned, to some extent, by the machine. Patrick Gower wrote before the 2011 election that John Key owns the ACT party, and Hager’s book seems to substantiate this, detailing how they forced Hide’s resignation, in favour of Don Brash.

That is culture, not strategy, and it exerts considerable influence on those over whom the lien is held.

Immediately upon the book’s release, Cameron Slater noted that some journalists, and some Labour and Green MPs, would be getting nervous. Well, good. If there has emerged some sort of mutual-assured destruction pact to manage this culture, ending it could be Nicky Hager’s lasting contribution to New Zealand. Let the comfortable and the cozy live in fear for a bit. This includes Kim Dotcom, who claims to hold such intrigue against the Prime Minister, and is the target of a similar campaign, though it remains in abeyance.

This is a phony war about preserving the position of political élites on both sides of the ideological divide, to the general detriment of the sort of politics we actually need as a nation. Unlike the original MAD pact, we don’t risk the end of the world if this all blows up — we just might get our political and media systems cleaned out.

At least that’s the theory. I’m not very optimistic — cultural systems are sticky and resilient, and clearly many people have much invested in them. As we have seen with bank bailouts and phone hacking, the system can’t be destroyed from outside, and the influence wielded applies also to anyone who might be called upon to investigate.

The final point is about intelligence and security. The book alleges that the Prime Minister’s office released information from the Security Intelligence Service to these people, and that National staffers illicitly accessed Labour’s computers. The documents that form Hager’s source material also were apparently illicitly obtained from Cameron Slater’s website during an outage. That’s probably the most serious cultural indicator: sometimes you have to fight fire with fire. We are well beyond due for a serious discussion about the acceptable bounds of espionage, leakage and spying, and if Nicky Hager’s book generates this debate, he will have done Aotearoa a great service.

L

What is success for Internet MANA?

datePosted on 23:29, June 10th, 2014 by Lew

In the previous two posts I’ve covered the strategic rationales behind the Internet MANA alliance, and how, even if they spend their money very inefficiently, they are still very likely to gain a stronger presence in Parliament. But what does success actually look like for Internet MANA?

This is a complex question to answer because Internet MANA, for all its potential, is a mess of vanity projects existing in a state of ideological and pragmatic tension. But tensions all resolve sooner or later.

Kim Dotcom: Disruption (a change of government, or 10%)
Of all these vanity projects, Kim Dotcom’s is the greatest. It’s hard to imagine a guy who donated $50k to John Banks starting a cyber-utopian radical-left-aligned political vehicle for altruistic reasons, and it seems plain that he means to prevent, by any possible means, his extradition to the USA on copyright infringement and money-laundering charges. This is fair enough from his perspective — he can’t spend his pile in a US prison. NZ is a well-chosen target: a country with a small (therefore shallow, cheaply-manipulated) political system, but, unusually, also possessing a reasonably robust and independent judiciary.

To get his extradition case thrown out, Kim Dotcom needs to change the government, and prevail upon an incoming Minister of Justice that he and his party are great assets to that government.

The likelihood of this is slim, because he has already antagonised Labour, and because the leader of his own party has insisted she will not be led on the matter. Other members of the radical left groups aligned with the party are probably supportive of his ideological aim here, if only due to generalised anti-authoritarianism and anti-Americanism. And the other branch of Kim Dotcom’s game is fame, or notoriety, and if he can put his disruption engine in parliament, he will gain that, and it may provide him strategic cover for other manoeuvres regardless of who is in government.

The other way it could happen is if Internet MANA shocks everyone and polls very high — say, 10% — which would ruin almost everyone’s coalition plans. This is also extremely unlikely, but clearly it is Kim Dotcom’s hope, and it would be the purest sort of success for everyone involved.

Laila Harré: A launch (5%+) or a lifeboat (3%)
Her return to politics with the Greens last year was welcomed, and the conventional wisdom is that her appointment to lead the Internet Party was a strategic coup. I agree. But as I discussed in the first post, the deck is stacked in Te Mana’s favour. It is plausible, if the alliance performs poorly, that Harré would find herself marooned amid the wreckage of the Internet Party as its only MP, or even outside parliament, when the Internet MANA agreement expires six weeks after the election.

There’s a quirk here: Te Mana gets list places 1,3 and 4; Internet Party 2, 5 and 6, after which they alternate. So if they win five seats or fewer, Te Mana MPs will outnumber the Internet Party’s. If they win six or more seats, the numbers are more or less even. This provides a strong incentive for the Internet Party to perform, and also suggests shrewd negotiation by Te Mana.

In the event that the Internet Party bring Harré only into parliament (four seats or fewer), or if Kim Dotcom withdraws his cash and the party structure is no longer found to be self-sustaining, it seems very likely that Harré would join Te Mana formally. While her history in parties of this sort is its own guide, I suspect they would welcome her and it would be a fruitful arrangement: a win, of sorts, both for her and Te Mana.

The Internet Party: A future (7%)
The Internet Party doesn’t really exist. Kim Dotcom exists and Laila Harré exists, but without them it has no motive force. It could acquire such force by gaining a very substantial share of the party vote (7-8%, or 9-10 MPs), half of whom woulf be from the Internet Party, which could possibly — not probably — become self-sustaining. Without Laila Harré’s star power and Kim Dotcom’s money, this is a hard row for Vikram Kumar and the Candidate Idol contestants to hoe.

Te Mana and Hone Harawira: The only way is up
Te Mana’s case is easiest here: everything looks like a win for them. They have one MP facing a strong electorate challenge and polling under 1%, with no money, who is almost universally hated by the political mainstream. Even a mediocre performance of 2-3% would see Annette Sykes and possibly John Minto join Hone Harawira in parliament, which would make for some impressive fireworks. Even if the party then has to fend for itself, as Kim Dotcom’s largesse expires, or he is shipped off overseas, they have been granted a rare opportunity to galvanise the marginal electorate, and that’s better than under any other conceivable scenario.

The Left: It’s complicated
Given Labour’s current posture towards all parties that aren’t Labour, there is no way that Internet MANA benefits the left generally in the immediate term. Many commentators — Phil Quin has a good example at Pundit — have argued that the mere existence of Internet MANA could return John Key with a clean majority and the ability to have his way with Aotearoa in a glorious third term. I think this is pretty plausible. By no means does the left look like winning this election. But Labour has been underperforming for most of the past decade, and it might be that an injection of crazy disruptive ideas from a weird agglomeration of old leftwing radicals and young idealistic crypto-libertarians is what they need to shock them back to their senses.

There remains the slight possibility that they will bring enough MPs into parliament to make a chaotic and unholy alliance of the left a just slightly less-bad alternative to the Golden Age of John Key. As an aside: the better the Greens do, the better for Internet MANA post-election; and if nothing else they should hopefully form a strong ideological and generational counterpoint to New Zealand First, which I fear starts to fancy itself as the UKIP of the South Seas.

Aotearoa as a whole
I think New Zealand is better off having this argument than not. Much of what Internet MANA stands for has been unduly marginalised and is due consideration; especially the emergent aspects, such as with regard to modern standards of surveillance, the relationship and competing loyalties of the state to the citizenry and to its international community, and to the comparatively trivial matter of copyright. These debates feed into the notions of sovereignty and the primacy of people, rather than corporations and institutions, which mobilise Te Mana, and there are significant areas of ideological overlap, such as the flagship Internet Party policies of free tertiary education, withdrawal from the TPPA, severe constraints on the GCSB and other security and intelligence services, and — less popular with Hone Harawira than with his voters — the decriminalisation of marijuana. These are debates worth having, and we will be better off for having had them, whether the major parties want to or not.

L

Doubloons

datePosted on 09:32, June 10th, 2014 by Lew

Phil Sage in comments to my previous post about Internet MANA observes that “The question is whether Kim Dotcom’s money will translate into poll support and votes.” I have no knowledge of what’s going on inside the Internet MANA HQ bar what’s been reported in the media, but those reports indicate a large full-time campaign staff, and that will burn a large share of the money. Matthew Hooton was on the wireless yesterday scorning this approach and saying the money will be pumped into glossy brochures and Internet ads nobody will watch. Which might be fair enough.

But wait, we actually have some data! Each election, David Farrar helpfully puts together a breakdown of party votes won versus dollars spent (CPV). The 2008 and 2011 tables were stolen from DPF, with thanks.

2011 Election

In 2011, almost all parties spent less than $5 per vote — exceptions were the Conservatives ($32), ACT ($26) and Social Credit ($20).

2008 election

In 2008 the expenditure was higher and the field more spread, probably because the result was less certain and the stakes higher. (EDIT: Also, it appears the broadcast allocation was not included in the 2011 figures). The two main parties again spent less than $5, most others spent $10-15, and there were two outliers — RAM ($49) and Social Credit ($55).

Internet MANA in 2014
Turnout in both those elections was famously modest (2.2-2.4 million). Since both Labour and Internet MANA are trying to mobilise the “missing million” let’s assume turnout increases to 2.5 million in 2014, which yields a nice round 25,000 party votes per 1%. Let’s also assume that Internet MANA only spends the $3 million put in the pot by Kim Dotcom, which in reality will be higher.

The first point here is that high polling tends to correlate with low CPV. Incumbency and brand value count for a great deal. So it is unlikely that any new party would be able to achieve good CPV by any means. To match the major parties Internet MANA would need to poll 25%, in which scenario Labour would effectively cease to exist. Even though that’s only a little over half of the “missing million”, it’s not happening.

My guess in the post was that Internet MANA would get 2-3% for $3 million. That would mean per-vote spending of around $50, far higher than any of the parties in 2011, on a par with the unelectable outliers in 2008. I still think that’s the most likely outcome.

If they tank and gain only what the combined Internet and Mana parties are polling now (1-1.5%) they would have outspent 2011′s most profligate parties by a factor of three in terms of CPV. This has to be the worst conceivable outcome for Internet MANA, and even so, it very probably yields them a second MP, assuming either Hone Harawira or Annette Sykes wins their seat. Anything more than this is gravy. Te Mana teaming up with Kim Dotcom is, at least tactically, a no-lose situation.

If they match 2011 CPV outliers the Conservatives, they would need to pull at least 100,000 votes — a tenth of their missing million — which would yield 5-7 MPs and make them a force to be reckoned with between now and 2017, giving them a platform to profoundly disrupt the plans of every other party in NZ politics. It’s unlikely, but with this sort of money, it’s not impossible.

UPDATE: Andrew Geddis points out in comments that I’ve failed to account for the electoral spending limit, which prevents Internet MANA from blowing the whole $3 million on declarable election expenses, which is what the cited 2008 and 2011 numbers cover. The expenditure limit is $25,700 for a constituency candidate and $1,091,000 for a registered political party plus $25,700 per electorate contested by the party.

So all the CPV figures in that last table are about double what they will be in reality, which means the premise and conclusions of this post are rather weaker than they seemed.

L

Mongrel renegades, castaways, and cannibals

datePosted on 10:09, June 9th, 2014 by Lew

So Herman Melville described the crew of the Pequod. While it probably seems tendentious to equate them to the Internet MANA party, that seems to be how Kim Dotcom, at least, regards himself — as Captain Ahab, nailing his doubloon to the mast and urging them to seek the destruction of his Prime Ministerial Moby-Dick. But in spite of the many failings he, or Ishmael, attributed to them, that crew were good people, enormously effective, and very nearly successful in their hopeless task of hunting a single whale across all the oceans of the world.

In spite of Dotcom’s megalomania, Key — unlike the white whale — just doesn’t care that much. But in any case, the hauling-together of two unlikely vessels that form the Internet MANA alliance is more interesting than one rich eccentric’s personal grudge, or his attempts to avoid extradition.

The conventional reading of Internet MANA — even among some on the left — is that Kim Dotcom has colonised the Mana movement, buying himself a tame savage who’ll do his dirty work for him. But I don’t think so: I think the Internet Party is trying to bite off more than it can chew.

The Mana movement has always been about those outside the political mainstream. Even while he was forced into collaboration, Hone Harawira was plain about his radicalism. His legacy — barring some major change — is unlikely to be that period, or Te Mana, but the previous three decades of dogged activism in service of his people. One of these was his role in the haka party incident which demonstrated — or rather, reiterated after a long hiatus — to Pākehā New Zealand that Māori were’t going to take it.

Even so, if it were just Harawira this colonisation line might be fair — he’s a tough and principled guy, but running a fringe party without a benefactor — in the form of an electoral liege, or a millionaire backer, or both — is hard going. (Ask Winston Peters.) But Harawira is not alone. Both Annette Sykes and John Minto have decades of unglamorous and largely unrewarded activism behind them, and enormous credibility. Not among the National and Labour-voting public, but in radical and Māori circles, where it counts for their purposes. There is clearly some division — Sue Bradford quit the party, prompting a rush of right-wingers who have for decades said the most vile things about her to praise her integrity. But all in all, few people who know them believe that all of Harawira, Minto, and Sykes can be bought, in one go.

To which add Laila Harré. Many people have written that her appointment as leader of the Internet Party brings it credibility, and I agree. It is a brave, or reckless, appointment from Kim Dotcom’s perspective, because Harré is bigger than he is and, if elected, will influence the party more by leading it than he will by funding it — especially when his largesse runs out, as it inevitably will. Her parliamentary achievements have been limited because of her commitment to activism, but her record outside parliament has been more significant. She has demonstrated she can’t be bought, and is willing to hold her own line and walk away from a bad political situation, even when the stakes are very high.

What’s cleverest about this alliance is how neatly it separates ends and means. Morgan Godfery has argued persuasively that the alliance is a deeply conventional bit of strategy and an obvious next-step, from a Māori nationalist perspective, both mainstream and nationalist-insurgent political vehicles for Tino Rangatiratanga having been thoroughly co-opted by mainstream (white) imperatives. I would say further that it indicates a strategic maturity we have not yet seen from Māori parliamentary parties, and an elaboration of the māori party’s strategy of pragmatic coupling, though this time, to a vehicle it can more readily control. At least in this case, the Internet Party’s agenda is clear.

The two parties seem incongruous, and they are — but what they have in common is a claim to stand for those who feel like mainstream politics doesn’t speak for them, or listen to them. Both parties have links to the Occupy movement, and the policy platforms are pitched at groups with some core interests in common: those who are (or feel) criminalised or oppressed by the mainstream, and who wish to disrupt it. These include tech-libertarians and utopian futurists, internet “pirates” and disaffected geeks, anti-GCSB and TPPA activists, land rights and Māori sovereignty activists, actual socialists (as opposed to the Labour kind), the very poor and economically marginalised (especially rural, Māori), marijuana smokers, and a more fringey element of anti-Fluoride campaigners and other assorted cranks and conspiracists. In aggregate it seems clear that these people comprise more than 5% of the electorate — if only you can get them to vote. And that’s what Kim Dotcom’s millions are for: not so much to persuade them of a single, coherent policy platform, but to fly a radical banner to which the disruptors can flock. For this purpose they need not be all of one kind.

Te Mana has its own marginal voters, which comprise less than 1% of the electorate, and because of the difficulty of persuading it seems unlikely the Internet Party will mobilise much more. But a party vote total of 1.5% should see a second MP, and anything much above 2% should see a third, and this does not seem totally implausible. Even if these are “new” voters — not drawn from Labour or Greens — this probably comes at cost to the wider left if mainstream swing-voters are scared from Labour to National by the prospect of a left coalition including Internet MANA, as Danyl and Russell Brown have suggested. It might well be that the success of Internet MANA weakens Labour’s prospects, but it seems to have little chance of victory anyway, and has declared against Internet MANA, so a robust challenge from the left — as well as the one it has had from John Key on the right — is probably a good thing in the long term. What cares Mana for the neoliberal Pākehā Labour party’s fortunes?

Paradoxically, the addition of Internet Party voters would give Mana voters a stronger chance at locking the Internet party — and Harré — out if they are suspicious of Kim Dotcom’s influence. Harawira is facing a strong challenge in Te Tai Tokerau, but Waiariki is also close. If Labour, Green or Māori party voters tactically support Annette Sykes, hers could be the anchor seat. In this case, the second MP (whether he wins Te Tai Tokerau or not) would be Hone Harawira, with Harré third. Given that two or three MPs seems much more plausible than four or five, the most likely outcome seems to be that Te Mana is no worse off, possibly better off, and has a chance to swap Sue Bradford for the much more politically-viable Laila Harré. It looks less like the Internet Party colonising the Mana movement than the opposite.

L

123... 141516Next