That’s good advice

It is the judiciary’s job to apply the law as set by Parliament … this Government was elected on this sentencing policy. Judges are appointed to apply it. The Chief Justice’s speech does not represent Government policy in any way, shape or form.

Simon Power, Minister of Justice, 17 July 2009.

Read the Chief Justice’s speech before you judge it.

Lianne Dalziel, Labour Justice Spokesperson, 18 July 2009.

Lawyers should read proposals before criticising.

Simon Power, Minister of Justice, 24 July 2009.

You can’t judge an apple by looking at the tree
You can’t judge honey by looking at the bee
You can’t judge a sister by looking at the brother
You can’t judge a book by looking at the cover

Willie Dixon, 1962.

L

The role of the judiciary is to judge

There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.

I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.

There are three ways to slice it:

  1. The judiciary is right to involve itself in this sort of thing and you agree with the position taken
  2. The judiciary is right to involve itself in this sort of thing and you disagree with the position taken
  3. The judiciary is wrong to involve itself in this sort of thing, and should stay the hell out of wider matters of justice regardless

I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.

But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.

If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.

The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.

Edit: Andrew Geddis is in the first position; Stephen Franks is in the second.

L

Optimism isn’t enough

I have, of late, been rather critical of Labour, and the reason for my critical tone is at least partially because the sort of Pollyanna bullshit exhibited by certain partisans on this thread (and elsewhere) is eerily similar to the rah-rah-it’s-all-good campaign of 2008, in which the True Believers grossly underestimated John Key and National, attacked him on his weaknesses and derided him as less than credible and not a proper threat, and got soundly and deservedly whipped at the polls for doing so. I don’t want to see that happen again, so I say: stop just assuming the electorate will come to their senses and vote Labour because they know it’s right, or because Labour’s policies will objectively benefit them. They won’t; that’s not enough. You have to convince them to do so; you have to make them want to support you; you have to lead them. So IrishBill’s advice is a good generic communication strategy; it’s also critical that it also be backed by a credible policy strategy (which, I hope, is brewing at present).

To all the True Believers: you don’t help your chosen party by being uncritical cheerleaders; you feed the echo-chamber. Stop it. Loyalists should be a party’s harshest critics and strongest agitators for change when things aren’t working – which, absent deep changes within Labour since the 2008 election, they aren’t. Good supporters ask hard questions, expect good answers, reward rigour, punish prevarication and do not live in awe of or aim to preserve the precious disposition of their representatives. They do not deride those who do so as traitors or try to hush them up for fear of giving the impression of disunity, killing any hope of dynamism in the process.

So far I see precious little of this on the left in NZ, and that does not fill me with hope for the future. The glimmers of hope I see are from the Green Party and the māori party, who have had the good sense to cut themselves loose from the drifting hulk of Labour, at least until its people start to set things to rights again.

L

Privatise the profit, socialise the risk – Increasing private health care provision

National are, true to prediction, privatising health provision. Also true to prediction they are doing so in a way that gives all the wins to the private sector and keeps all the financial risk for the taxpayer. Private providers may look low cost, but that’s only because they transfer huge amounts of cost to the public sector in terms of both management and back-stop services.

To give an example of a well known issue with private providers, every hip operation has a low very chance of complications leading to the patient spending time in an ICU.

When we cost public provision of a hip op we cost in a part of the cost of public ICU services. When we cost private provision we don’t, but we have to pay for the public ICU costs on top of the private hip op charge. That’s the first issue with the private provider efficiency – they rely on expensive back stop services being provided by the public sector. So we screw the costing model so that the private provider can make a profit off every hip op that goes well, and the public system ensures them against additional costs for the unavoidable not-so-good outcomes. Privatise the profit, socialise the loss!

The second is that there is additional cost in transferring a patient with complications from a private provider to a public ICU – we’re not only screwing the cost model to the benefit of private providers, but we’re actually incurring extra costs to do so.

Third problem? No matter who actually does the surgery “bureaucrats” are required to manage the provision, the eligibility, the bookings, the payments, etc. If one region uses eight small private providers then while each provider might look cheap and light on management there’s going be a team somewhere in the public system making sure that all the patients are allocated and treated, that the contracts are negotiated and the bills are paid and so on. Again, more inefficient that a single large provider responsible for both allocation and provision, again designed to make the private sector look lean and efficient, and the public sector bloated with bureaucrats.

Why, when so many other countries have proved that private healthcare provision is neither cheaper nor more effective thanpublic provision, when our largely private primary health provision is failing to meet demand, and when it is obvious that the private sector would only involve itself in healthcare so it could turn tax dollars into a tidy profit, is National pushing on with privatisation?

Part of the answer is ideological blindness, but part is also the make up of National and its closest friends. The links between National and the private healthcare lobby go back decades. In recent times the fundraising, personal and lobbying ties between National and the Private Hospitals Association are well documented in The Hollow Men, and a quick glance through the list of current National MPs shows just how entwined they remain, from Michael Woodhouse (ex-President of the NZ Private Surgical Hospitals Association), to Jonathan Coleman (a consultant in the medical sector) the list of Nats with personal interests in the profiteering of the private healthcare sector is deep and long.

Between ideology purity and self interest it looks like we’re on a long journey to inefficient expensive and ineffective privatised healthcare courtesy of Tony Ryall, John Key, and friends.

[This borrows from a comment I made on this thread at The Standard. Marty G has some great analysis on just how much of the current National spin about healthcare costs is … just spin]

Brogressives and fauxgressives

Chris Trotter doesn’t want to debate, which is good, because there’s really no point to it – his arguments and mine are at cross purposes because we differ on a key point: whether support for independent self-determination for power minorities is necessary to call oneself a ‘progressive’. Chris doesn’t think so. As far as he’s concerned, Māori self-determination is a nice idea, so long as it doesn’t try to take a different line to the honkey Marxist agenda which he misdefines as ‘progressivism’. If that were the case, then this “well-meaning but misguided political naïf” would need to turn in his cloth cap. But progressivism hasn’t ever just been about the white working classes dictating the political agenda to other power minorities; it’s never held that the needs of all power minorities be crushed by the worker solidarity agenda. That’s why my previous post was directed at the “Marxist left”, not at the progressive movement. I’m ok with not being part of that clique – comfortable, as Danyl Mclauchlan said, having no ideological flaws that a few decades digging canals in Fiordland wouldn’t set straight.

The progressive movement has been about power minorities supporting each others’ political agendas against those who would keep political power in the hands of patrician elites. Diversity is a political strategy. You should support peoples’ right to make their own political decisions, even if you disagree with those decisions, because if you don’t you could find support for the right to make your own political decisions to be somewhat lacking. So while Chris is playing the No True Scotsman game, I can play, too: if you don’t support the rights of indigenous people to determine their own political destiny, you’re not a progressive. More in the nature of a slogan: if you’re not a brogressive, you’re a fauxgressive.*

Until we can come to some sort of sense on this matter there’s no point in continuing the discussion. Chris, by his repeated denial and denigration of indigenous rights to political self-determination, criticising the independence of the Greens from Labour, and in denying that women ought to be free from sexual predation as of right, seems well on his way to becoming one of those conservative baby-boomers which are the subject of his latest column. For shame.

Edit: I withdraw and apologise for the redacted paragraph above, as a response to Chris’ justified complaints about my conduct here. This wasn’t up to the KP standard, and I’m sorry for that. I’ve replied to Chris in the comments of his thread on the hope of more meaningful engagement.


Meanwhile, Relic and Imperial Zeppelin have posted good responses to my last post on this matter, which are worth responding to and which I think neatly illustrate the problems I have with this sell-out / kupapa / brown tories / haters & wreckers line of argument.

Imperial Zeppelin, first:

Where do the Maori and Labour Parties come into the equation? Both these political entities may well claim to advocate on class and/or race issues, but do they?
[…]
It would appear reasonable to expand on Marty Mars’ statement and contend simply that race and class issues (along with all the others) will not be resolved as long as you leave the resolution to others; never mind others who are beholden to interests inimical to class, race, gender and environmental interests.

I both agree and disagree, but this gets to the nub of the matter: power minorities need to drive their own political agendas. My view is that while neither the Labour party nor the māori party perfectly represent their nominal constituencies, they are nevertheless best-placed to advocate for those constituencies. Nobody else can do it for them; the degree of their success or failure will or ought to be be reflected in their electoral support.

Relic:

how about a quote from V.I. Lenin to back up the bus a little-“politics are the concentrated expression of economics”

This is precisely what’s wrong with the Marxist approach. Going back to a higher authority than Lenin, I consider politics to be the ‘master science’ – the discipline which governs which other disciplines are considered worthwhile. Far from being just economics, it encompasses religion, morality, ethics, war, epistemology, identity, history, actual science and more to boot. Politics is how people organise themselves in society. There are many referents of political identity, and it is for each individual to choose their own primary identity. Marxists who say it’s only economics tend to be those who, ironically, care mostly about money and the power which it brings.

The Maori Party is led by the likes of Prof. Winiata and embodies the hierarchical inclinations of certain tribal elites.

And the Labour party doesn’t embody the hierarchical inclinations of academic and public servant elites? Let’s not pretend that any party in parliament is actually a workers’ party – in the democratic systems we have, credible political vehicles are by necessity elite-dominated. So all you’re saying is that you prefer elites of one flavour to those of another.

The capitalists via their primary parliamentary representatives National/ACT recognise the need to embrace the large and growing Maori economic sector, unlikely to be sold off overseas at this stage, and needing to be diverted from potential co-operative (socialistic) forms asap. Yes, there is the parliamentary numbers game but it is not the main prize as I see it. Getting Maori to embrace the colonisers kaupapa-private property relations, is.

This is a much better point, but (like other criticisms of the māori party, it rests on two false premises: first, that Māori don’t know what’s best for Māori; and second, that Labour are substantially better.

Second issue first. With the Foreshore and Seabed Act, Labour did more damage to Māori access to resources, mana whenua status, equality before the law and collective resource control than any government of any colour had done for the better part of a century. The passage of that act was the most recent shot fired in the war of colonialism, which told Māori that they were not entitled to due process and redress in law, as other citizens were; that they had no right to even try to assert mana whenua rights to historic resources no matter how strong their claim; and that hapū-level ownership was not an option. And all this from their historic allies, whom Māori had supported without fail for generations.

It’s not that Labour had no choice, as they and their apologists claim – they had the choice of losing and retaining their principles and the loyalty of Māori, or winning without either. They chose the former, before the gauntlet was properly thrown down at Orewa, and subjugated tino rangatiratanga to political expedience, forcing Māori to once again lie back and think of Ingarangi in service of the ‘greater good’ which served the Pākehā majority. That was Labour’s decision to make, but the expectation that there would be no consequences was simply absurd, and speaks to the level of entitlement Labour felt it had to Māori loyalty. The māori party, more than anything else, was founded to demonstrate that government needs to earn the support of Māori, rather than enjoy it as of right, use it, and abuse it as convenience dicatates. So far it is doing that, though whether it will do so in the long term remains to be seen.

Many objections to the māori party decision to side with National focus solely on the losses, ignoring the possibility of gains or arguing that National have no intention of fulfilling any of their undertakings. It is true that National’s policies will probably inflict more acute economic harm on Māori in the short term, but there’s more to intergenerational indigenous politics than small-scale tactical gains and losses in economics, and the calculus is that short-term losses may be worth it for long-term gains.

The integrity of the tino rangatiratanga movement is just such a strategic gain. The first big test of the māori party’s strategy comes this Tuesday, when the Foreshore and Seabed Act review panel reports its recommendations to Chris Finlayson. Further tests will come in the next year as National and Labour begin to bid in earnest for the brown vote, supposing Labour begins to campaign at all. Even if the māori party is turfed out off parliament in 2011, if they have raised the importance and profile of kaupapa Māori politics such that no party in the future believes they can act as Labour did in 2004, they will have succeeded.

As for the argument that Labour policies help Māori because most Māori are working class and Labour policies help working class people, therefore all Māori should. This is simply a reverse ‘rising tide lifts all boats’ argument. The point is that Māori have different needs and, under the Treaty framework, different entitlements to the rest of the working class. A political movement which treats Māori simply as brown proles ignores this historical reality, and is an insult to all those who have fought for recognition and redress.

On to the first issue. After generations of relying on Pākehā elites to redress the abuses of the land wars and following, a group of Māori leaders have taken it upon themselves to develop a principled strategy to find redress by their own means. Some Māori have supported them, and if they fail to make progress toward that redress, or do so by sacrificing other, more important things (such as the kaupapa of collective ownership) then the party will (or should) lose that support. This is fundamentally the point: the decision as to whether the calculus described above is worthwhile for Māori is for Māori to make, not for “well-meaning but misguided” honkeys who want to co-opt the politics of tino rangatiratanga as part of their worker solidarity movement.

Self-determination is a fundamental component of liberty. If you approve of political self-determination only for those movements which serve your own political ends, you’re little better than the Iranian clerics, for whom any political candidate is acceptable, as long as they’re a Shi’a fundamentalist. Let a thousand political agendas bloom; that is the liberal way.

L

* With thanks to Melissa McEwan, whose blog is well and truly open for business again.

How to guess the political will of the country

Logic says that the recent Key/National scandals and a week budget have got to be damaging National’s popularity, yet the polls are barely moving. l’ve been thinking about why this is and I have come up with three possibilities (others very welcome!)

  1. Outside the beltway no-one actually cares – none of the issues resonate with swing voters. Worth and Mt Albert were a side show for politics geeks, and no-one holds National responsible for the economy tanking.
  2. People are turning off National but they’re not turning to anything else. National may be losing its gloss, but Labour doesn’t look any more appetizing than it did in November last year.
  3. The election is a long way away and people will stick to their 2008 preference for a bit longer.it would seem fickle to switch allegiances so soon, and perhaps people feel they need to give Key a little longer to show his true mettle.

How, in the face of polls which simply ask how you would vote (a lagging indicator of mood), can we really judge the mood of the country?

Reading between the choices of spin

When National leaked and then announced the home insulation fund they had a choice about how to spin it. I can easily think of four options they had (I’m sure there are others):

  1. Environmental/climate-change: home insulation reduces energy consumption, thus reducing the amount of generation required, thus reducing the use of thermal generation (read thermal as burning stuff :) which in turn reduces CO2 emissions which in turn reduces the effects of climate change. 
  2. Environmental/sustainability/primary-production/innovation: NZ businesses are doing some really interesting work in sustainable home insulation using NZ’s primary products rather than imports. A nice photo op with a company making home insulation from wool and voilà, the story is about innovation, sustainability and government support for agriculture and primary production in a recession.
  3. Health/education/social-development: Insulated warm dry homes improve family health and child education outcomes by reducing sickness and deafness. Photo op: Minister visits family in recently insulated home, since insulation went in the kids are much more healthy and doing much better at school, little Moana might even trundle over to the Minister with a picture book and read it to him. PR gold – government cares for families and kiddies!
  4. Traditional-infrastructure/building sector: Insulating homes means the existing builders, insulators and contractors will have more work and will weather the recession.

National chose option 4 – why? It’s not the best PR option and it’s not the most on message, every other option had clear weathering the recession messages plus something forward looking and visionary. Instead they chose the staid dull message which appeals only to the traditional infrastructure industries.

The only explanation I could come up with is that traditional infrastructure is where National’s traditional funders and backers have come from, perhaps they wasted a golden opportunity for positive spin for a little old fashioned pay back?

This post was, in part, inspired by Zetetic’s post about National’s current lack of attention to the concerns of female voters. A couple of  their options would’ve been great options if they cared about women voters, instead they chose the spin best suited for the Fletcher Building board.

Keeping the weak ill-educated, isolated and unskilled

Adult Community Education serves two key purposes: reducing poverty and building strong skilled adults active within their communities. The National government is drastically cutting it, consigning people to lives trapped in poverty and weakening communities. 

The cuts are both deep and vicious, school ACE funding is being cut by 80% from 2010, tertiary ACE funding from 2011, and inflation indexing goes from both, and the funding to help providers develop community education vanished overnight.

National has been banging on about “moroccan cooking courses” and describing them as “hobby courses”, but the reality is very different. Firstly a quick look at any ACE provider will show a very different picture of courses from the one Anne Tolley would like to paint. My local school provider, for instance, is teaching first aid, assertiveness, anger management, effective communication, and how to teach adults – all valuable, all losing funding in 2010.

Secondly, hands on life skills courses are an effective bridge back into education. Within my extended family and network of friends I can think of several people who’ve taken a first easy step back into education through a “hobby” course, found that they could succeed in education and taken another course, and blossomed from there. A concrete example: bike maintenance -> communication skills -> effective writing -> interview preparation -> a brand new job and career. By removing the bridging courses National are consigning a whole raft of people to on-going poverty and no access to education.

Thirdly, we suffer from relatively weak communities in New Zealand: individuals are isolated, people want to help others but don’t know how, community organisations are underfunded, under resourced and lack structural skills. Community Education has been one of the more effective mechanisms for addressing this, not only do they build relationships and create community facilities and meeting places, but they also teach the skills that effective community organisations need.

Anne Tolley, by butchering the Community Education sector, has acted both to keep the weak ill-educated, isolated and unskilled, and to undermine the community organisations that try to help them.

“Stolen emails”

It is nearly impossible to steal emails, because to be stealing you have to take something so that the owner no longer has it (not only blindingly obvious but also in the Crimes Act).

So if we go with the common rumour that Brash’s emails were printed out, and imagine someone with legitimate access to them made copies then it’s not theft, in fact I can’t see how it would even be criminal. Another scenario, someone forwards the emails on to someone else, again not theft, and I can’t see how it’s criminal.

The Nats know this, they know it won’t have been theft and is really unlikely to have even been criminal but they keep saying “stolen emails” over and over. They say it because it’s spin – the exact same kind of spin documented in The Hollow Men – they say it because it smears Nicky Hager and it distracts from what the emails show about their behaviour. That makes sense, that’s politics: dirtier than I’d like it to be but no more dirty that we expect from the Nats.

So the question becomes, why do the media keep repeating that National spin?

Memo to the left: the māori party is not your enemy

Eddie at The Standard has posted the latest in a long line of post-election attacks on the māori party, this time for Tariana Turia criticising Labour’s filibuster against the supercity bill. Leaving aside the fact that I disagree with Tariana’s remarks on the filibuster, this attack is typical in that it picks up some specific decision and applies a convenient ideological misinterpretation of its purpose and likely consequences to prove the existence of a traitorous conspiracy against Māori, the working class, the broader left, freedom, truth, justice, motherhood and apple pie. The Standard is far from being alone in this – others on the left resort to this tactic, and the the original and most egregious example of the form is Chris Trotter’s rabid “Kupapa” attack on Tariana Turia (which doesn’t seem to be online but was helpfully reproduced in full by DPF).

There are good grounds upon which to criticise the māori party, but engaging with the government in good faith and using their independence to progress their agenda, however incompletely, isn’t one. Or to put it another way, it’s reasonable to criticise them on the success or failure of their programme, but not for having a programme at all. Having been caught between the devil and the deep blue sea the māori party decided that the devil needed to be taken at his word for once, and at this point their good relationship with National is all that stands between us and a National/ACT government with a clear mandate to enact precisely the sort of jack-booted majoritarian agenda against which Labour and the Greens are now filibustering. The decision to work with National was a risky one, and if that risk doesn’t pay off they will be sorely punished by their electorate. Labour supporters seem intent on undermining the relationship in order to regain the political allegiance of Māori, and that’s a very big risk. They are also intent on undermining the Greens’ more recent relationship with National, thereby undermining what few progressive options exist for this term. Just because Labour has to sit out the coming three years doesn’t mean others on the left must do so – or even that they should, because every progressive voice involved in the governmental process has a moderating effect on what would otherwise be a very ideologically homogeneous group. The māori party isn’t strictly a left party but it remains a potential ally which Labour alienates at its peril.

If it is to be a credible force, progressive politics in this country should be about more than the kind of `my party, right or wrong’ partisan blindness that these sorts of attacks suggest, and which Trotter’s columns make explicit. The greatest weakness historically faced by progressive movements is their fractiousness in the face of a united opposition movement who are just as strongly factionalised but are prepared to put their individual differences on hold in service of common goals. The greatest strength of progressive movements is their independence and tactical diversity, but this is only of value when that diversity is allowed to stand, rather than being cut down if it does not conform. The left must be as politically inclusive as the society it wishes to create. Howling denunciations and ostracising those who disagree plays directly into the hands of the massed forces opposite.

The impression given by attacks like this is that Labour want three disastrous years, so they’ll have an easier time regaining the treasury benches in 2011. I hope, for all of our sakes, that they have a Plan B.

L