Posts Tagged ‘open government’
Although I always knew that “hope and change” was a rhetorical chimera rather than a realizable objective, and understand full well that the US presidency is a strait jacket on the ambitions of those who occupy its office, I am one of those who have been disappointed by the Obama administration on several counts.
I fully understand that he inherited a mess and has done well to dig out from under it, particularly with regard to revitalizing the economy and disengaging from two unpopular wars. With some caveats, I support the drone campaign against al-Qaeda. I support his health care reforms, his support for gay marriage and his efforts to promote renewable energy. I support his measured endorsement of the Arab Spring coupled with his cautious approach to intervention in Libya and Syria, where he has used multilateral mechanisms to justify and undertake armed intervention against despotic regimes (US intervention being mostly covert, with the difference that in Libya there was a no-fly zone enforced by NATO whereas in Syria there is not thanks to Russian opposition).
But I am disappointed in other ways. The failure to close the detention facility at the Guantanamo Bay Marine and Naval base, and the failure to put those detained there on trial in US federal courts because of local political opposition, are foremost amongst them. Now, more egregious problems have surfaced.
It turns out that after the attacks on the US consulate in Benghazi, Libya, on September 11, 2012, the administration removed from its “talking points” for press briefings and interviews the facts that the attack was conducted by al-Qaeda affiliates (and were not a spontaneous response to an anti-Islamic on-line video, as was claimed), that repeated requests for security reinforcement at the consulate before the attacks were denied in spite of warnings about imminent threats, and then military assets were withheld during the incident (which lasted eight hours).
The public deception was out of proportion to the overall impact of the attack. Whether or not al-Qaeda affiliates conducted it, serious questions about the lack of security were bound to be raised. The White House appears to have panicked under campaign pressure about the significance of the date of the attack and who was attacking (a purely symbolic matter), compounding the real issue of State Department responsibility for the security failures involved.
While not as bad as the W. Bush administration fabricating evidence to justify its rush to war in Iraq, it certainly merits condemnation.
There is more. It turns out the IRS (the federal tax department, for those unfamiliar with it), undertook audits of right-wing political organizations seeking tax-exempt status as non-profit entities. IRS auditors were instructed to use key words and phrases such as “Patriot,” “Tea Party” and other common conservative catch-phrases as the basis for deeper audits of organizations using them. That is against the law, albeit not unusual: the W. Bush administration engaged in the same type of thing.
Most recently it has been revealed that the Department of Justice, led by Attorney General Eric Holder (a recent visitor to NZ), secretly obtained two months of phone records from over 100 Associated Press reporters and staff, to include their home land lines, office and cell phones (in April-May 2012). The purpose was to uncover leaks of classified information about counter-terrorism operations to reporters after AP managers refused to cooperate with government requests to divulge the sources of leaks. That made the phone tapping legal. But there was an option: the government could have subpoenaed those suspected of receiving leaks and forced them to testify under oath as to their sources.
The main reason I am disappointed is that the Obama administration should have been better than this. I never expected the W. Bush (or the Bush 41, Reagan or Nixon administrations) to do anything but lie, cover up, fabricate, intimidate and manipulate in pursuit of their political agendas. They did not disappoint in that regard. But I do expect Democrats in general, and Obama in particular, to behave better in office. They are supposedly the defenders of the common folk, upholders of human rights and civil liberties, purportedly staunch opponents of corporate excess and abuses of privilege.
Republicans inevitably use public office to target domestic opponents and bend the law in favor of the rich and powerful. Democratic administrations are supposed to be better because, among other things, they know the consequences of such manipulation. Yet apparently they are not, even if these events pale in comparison to the crimes and misdemeanors of Republican administrations.
I am not being naive. I spent time working in federal agencies under both Republican and Democratic administrations in the 1980s and 1990s, and the difference in approach to the public trust, at least in the fields that I worked in, were great and palpable. It would seem that the things have changed since then.
Democratic governance often involves the compromise of principles in the pursuit of efficiency or cooperation in policy-making. There are always grey areas in the conduct of national affairs, and there are events and actions where reasons of necessity make secrecy more important than transparency in governance. The actions outlined above are neither.
I still prefer Obama to any of the GOP chumps that rail against him. But as John Stewart makes clear in this funny but scathing (and profane) critique, he and his administration have just stooped closer to their level.
Hence my disappointment.
There is an old rule in politics that states that it is not the original sin that gets politicians in trouble. It is the cover-up or lying about it that does them in. The examples that prove the rule are too numerous to mention and span the globe. This week we have another classic case in point: Shane Jones and his explanation as to why, as Associate Minister of Immigration (the Minister of Immigration at the time, David Cunliffe, had earlier refused to revoke Liu/Yan’s residence visa and for some reason unknown to me was not involved in the granting of citizenship), he ignored expert legal advice and granted a Chinese fraudster expedited citizenship.
According to Jones he did so on humanitarian grounds because he was told by an unnamed Internal Affairs official that the applicant–he of at least three different names and an Interpol warrant out for his arrest–would be executed and his organs harvested if he were sent back to China. Forgive me if I cough. That is up there with Annette King’s claims that no one in the Labour government knew about Operation 8 until the weekend before it began.
Others have already torn Mr. Jone’s supposed rationale to shreds. Beyond the fact that not even the Chinese execute people for common fraud, even if they are members of Falun Gong (a claim supposedly made by but never proven by Mr. Liu/Yan), a legitimate fear of a politically-motivated death sentence would result in an asylum request, not a citizenship application based upon a business visa. Nor would Mr. Liu/Yan speak of traveling back to China with a delegation of Kiwis in order to explore business opportunities in the PRC (as it is claimed he did in his conversations with immigration officials now testifying at his trial on false declaration charges). But according to Shane Jones, not only was he facing certain death but also certain organ harvesting (which raises the question as to how the unnamed Internal Affairs official could know this in advance given that the Chinese do not harvest organs from all executed prisoners because the health of the condemned varies). Put bluntly, Mr. Jones is simply not credible, and unless that unnamed official comes forward to take responsibility for the bogus claims (which Mr. Jones could have ignored), his justification simply does not wash. Add in the fact that Mr. Liu/Yan had donated considerable sums of money to Labour coffers in the lead-in to his citizenship application, and the smell of something fishy permeates the affair.
What is amazing is that when confronted with the evidence presented in court, David Shearer continued to back Mr. Jones and even allowed him to go public with is ridiculous justification. That violates a second rule of politics, which is that when smoke begins to surround a politician on ethical issues his or her party needs to move swiftly to prevent a full-fledged fire from erupting by distancing the tainted one from the party as a whole. By not doing so immediately and only leaving open the possibility of standing Jones down if an investigation proves him guilty of wrong-doing in the Liu/Yan affair, Mr. Shearer has failed the basic test of leadership that involves saving the party from further uncomfortable scrutiny on the issue of campaign financing and political donations.
Once again, let us remember the iron law of oligarchy that governs all political parties: the first duty of the party is to preserve itself. Individual political fortunes come second. Legalities aside, it is the appearance of unethical behavior on the part of Mr. Jones that is at play here.
What is even more amazing is that this comes on the heels of the John Banks-Kin Dotcom scandal and John Key’s equally egregious mistake in not removing Banks from his ministerial post while the Police investigated whether Banks violated political finance laws in his dealing with Mr. Dotcom. Regardless of whether the press played this sequence of events on purpose, the scenario unfolded as follows: National was on the ropes in the weeks leading up to a dismal budget announcement, beleaguered by policy and personal conflicts and dogged by an increasingly assertive mainstream press. Rather than strike a contrast in approach that would give it the moral high ground that would allow it to score major political points against its weakened rival, Labour’s response to revelations of the dubious ethics of one of its senior members in a past government–dubious ethics that are being aired in court for crikey’s sake–is to bluster and blow more smoke on the matter. Do they never learn?
Just as Mr. Key should have removed Mr. Banks from his ministerial position as soon as his denials and lies about his relationship with Mr. Dotcom were exposed, so Mr. Shearer should have moved quickly to demote Mr. Jones until such a time as an independent investigation exonerated him. Given the passing of a few news cycles and the issue would have faded into the political “bygones be bygones” category. By not doing so Mr. Shearer has allowed the Jones-Liu/Yan relationship to become a distraction away from National’s peccadillos and policy failures. He has, in fact, thrown National a life line in the days before the budget announcement and the decision to demote Banks (who could stay in government but not be a minister pending the resolution of the Police investigation), and I would imagine that the National caucus are high-fiving and back-slapping each other in delight.
Of course there are political calculations in all of this. By-elections are costly, list candidate replacements are unproven or unreliable, internal Party factional disputes run the risk of being aggravated or exposed. National is clearly waiting for the Budget to be announced before moving on Banks. Labour does not want to lose a senior figure who “ticks the boxes” of important internal constituencies. And yes, there is a difference between illegal and unethical activity.
But in putting these calculations ahead of ethical considerations given the appearance of impropriety, both parties have once again shown their contempt for the NZ public. And on this score, Labour’s contempt is much worse. After all, Mr. Banks was just a greasy-palmed private citizen seeking to be mayor when he approached Mr. Dotcom for support. Mr. Jones, on the other hand, was a Minister of State who apparently used his office to bestow special considerations on an individual in exchange for, uh, party “favors.” Both actions were slimy, but it is the official nature of Mr. Jones’s intercession that makes his behavior worse. Which is why he should have been stood down straight away, because rightly or wrongly, it is the attempt to downplay or cover up past impropriety, rather than the potentially unethical or illegal behavior itself, that will cling to the Labour Party long after Mr. Liu/Yan’s case is adjudicated.
During the dark years of dictatorship in South America in the 1970s and 1980s, there emerged a phrase to capture the attitude of the elites who benefitted from such rule: the culture of impunity. It referred not only to the attitude of the uniformed tyrants who ran the regimes, but more to that of the civilian elites who gave them social and economic support, and who benefitted lavishly thanks to the repression and restrictive laws on basic rights of association, dissent and movement. These civilian elites literally lived above the law, since they could, if not be directly protected by the regime’s thugs, be immune from prosecution or liability for crimes and other transgressions they committed simply because of who they were. Murders, rapes, abuse of servants, violent attacks on members of the public–all of these type of behavior were excused, ignored or bought off rather than be held legally accountable (I do not mention justice simply because it is impossible to have real justice under dictatorial conditions). Although there was variation in the attitude of some elites and cross-country differences appeared as well, the bottom line is that during the authoritarian period in South America a culture of impunity developed that was one of the salient social characteristics of the regimes in question.
With that in mind I ask readers if such a culture of impunity exists in NZ. I ask because it strikes me that although diluted and less repressive in genesis, there appears to be an attitude of impunity in the political and economic elite. They can buy silence and name suppression when they misbehave; with a wink and a nod they accommodate employment for their friends and provide sinecures for each other (think of various Boards); they consider themselves better informed, in the know, more worldly and therefore unaccountable to the popular masses when it comes to making policy (think of the use of parliamentary urgency to ram through contentious legislation and the NZDF command lies about what the SAS is actually doing in Afghanistan); they award themselves extraordinary powers in some times of crisis (Christchurch) while absolving themselves of responsibility in others (Rena). They use the Police for their own purposes (Teapot Tapes and Occupy evictions, the latter happening not because of public consensus but done by summary executive fiat). More generally, think of the lack of transparency in how government decisions are made and the duplicity of elite statements about economic issues (say, the price of wage goods) and political matters (e.g., recent internal security legislation). Coupled with equally opaque decision-making in NZ’s largest publicly-traded firms, or the cozy overlap between sectors of the judiciary and other elites, the list of traded favors and protections is long.
None of this would matter if NZ was run by Commodore Bainimarama. It would just be another Pacific island state ruled by a despot and his pals. But as a liberal parliamentary democracy NZ regularly scores highly on Freedom House and Transparency International indexes, to the point that it is often mentioned at the least corrupt country on earth (which is laughable on the face of things and which raises questions about the methodologies involved in such surveys). To be sure, in NZ traffic cops do not take cash bribes and judges do not have prostitutes procured for them by QCs representing defendants, but corruption does not have to be blatant and vulgar to be pervasive. And in the measure that elite sophistication in accommodating fellow elites outside of the universal standards applicable to everyone else is accepted as routine and commonplace, then a culture of impunity exists as well.
My experience in NZ academia, two respectable volunteer organizations and in dealing with national and local government officials suggests to me that such a culture of impunity does exist. It may not be that of Pinochet, Videla, Stroessner, Banzer or Geisel, but it seems pervasive. It appears to have gotten worse since I arrived in 1997, which may or may not be the fault of market-driven social logics and the “greed is good” mentality that has captured the imaginations of financiers, developers and other business magnates (or it could just be a product of a long-established tradition of bullying, which has now spilled over into elite attitudes towards the country as a whole).
Mind you, this does not make NZ a bad place. It simply means that there is an encroaching, subversive authoritarian sub-culture at play amongst the NZ political and economic elite that undermines the purported egalitarianism and equality on which the country is ostensibly founded (I am sure there are sectors of Maoridom who will take reasoned exception to that claim). And if so, has the corrosive culture seeped into the body politic at large so that almost anyone is a relative position of power vis a vis others thinks that s/he can get away with behavior otherwise contrary to normal standards of decency and responsibility?
Does NZ has a culture of impunity?
Is the global “Occupy” movement a genuine grassroots mobilisation with revolutionary potential or is it bound to fizzle out, be coopted, voluntarily moderate its demands or splinter into myriad fringe groups without promoting substantive change in the socio-economic status quo?
Interested readers are invited to share their views.
Posted on 10:07, October 12th, 2011 by Pablo
Throughout the globalised system of capitalist production, grassroots discontent with the economic and political status quo has produced a number of national counter-hegemonic mass mobilizations. All are born of alienation, but their social origins, goals, modalities and outcomes differ.
Alienation is a product of environment, natural and human. Even if conforming in the main to universal standards of conduct, individual (and later collective) social subjects become emotionally detached from the realities of everyday existence. The causes are many–disaffection with a job or lack of employment prospects, racial difference, inter-personal difficulties, environmentally-caused psychological disorders, etc. This promotes a social outlook that grows increasingly hostile in the measure that adverse life conditions are interpreted to be the result of circumstances created or exacerbated by the socio-economic and political elite. That leads to various types of “anti-social” behaviour, individual and collective, which constitute expressions of the resentment that alienation breeds. Some of this behaviour is little more than petty acts of rebellion. Others pose a more serious threat. Individual and small-group alienation can often be treated as a psychological and criminal problem. Mass alienation resulting in grassroots mobilization is another thing because it involves horizontal solidarity and networking between self-perceived disenfranchised groups rallying in opposition to a common (elite) enemy. However, this does not mean that there is ideological coherence in the oppositional claims of the alienated.
The reason is simple. One product of alienation is false consciousness. False consciousness is a condition where the individual and collective social subject thinks about the causes of alienation in ways that run contrary to material self-interest under the assumption that the reasons for deteriorating or negative life circumstances are rooted in cultural or ideological factors rather than structural realities. Rather than confront the macroeconomic presumptions and biases inherent in a market-driven system of private (and increasingly corporate) ownership, consumption and exchange, false consciousness focuses on behavioral differences rooted in primordial beliefs, identities, ideological differences or contrary collective action.
Under conditions of collective false consciousness there is often a yearning for a return to tradition or a retrenchment of in-group identification along national, ethnic, religious or racial lines, sometimes with overtly nostalgic class content. This mainly occurs with descendent class fractions (for example, the industrial working class in the US) whose position in the social division of labour has been eroded by structural changes wrought by the globalization project. Confronted by this slippage in class status, descendent class fractions such as the white Christian middle classes in a host of liberal democracies blame their condition of so-called “others:” immigrants, religious minorities, non-traditional or opposition ideological movements, etc. In an effort to reclaim their past status, declining social groups are willing to condone anti-establishment, non-institutionalised forms of political competition because for them the threat is existential. When these forms of collective action take on a restorative or revanchist tone, they are considered to be passive revolutions.*
Passive revolutions are not genuine social revolutions. Although they can be violent, they do not destroy and transform the socio-economic and political parameters of society. Instead, they seek to use non-institutional means to reclaim a previous status quo in which they prospered. Because contemporary and future structural conditions preclude a return to a previous form of production and its attendant social division of labour, these groups are prone to extremism in the measure that they are denied their self-perceived just rewards. The starkest examples of passive revolutionary movements were European fascism and Latin American national populism. Although each had a different socio-economic core (Southern European fascism was a mixture of working class and small property owners’ movements, whereas Northern European fascism was urban middle class based, with national populism being a combination of urban working class and peasant movements depending on the specific country in which it manifested itself), they all had the commonality of being a reaction against something rather than a source of substantive forward-looking change to the basic parameters of society.
Not that all progressive counter-hegemonic grassroots movements are necessarily revolutionary. Many progressives seek to improve upon rather than transform the status quo. They do not seek to question its basic foundations but to make it more humane (hence the refrain “people before profits”). Coupled with an aversion to violence on the part of most progressive groups in liberal democratic societies, this leads to counter-hegemonic strategies that are not wars of position or of maneuver. Instead, they are collectively reformist rather than revolutionary in nature.
Given the above, from an elite perspective counter-hegemonic grassroots mobilization is best handled via state reformism and reform mongering. State reformism is the adoption of a conciliatory and concession-based policy approach by which elites give up certain prerogatives and agree to modify certain institutional frameworks in order to allow for more popular voice and benefit. Although the distribution of benefits between dominant and subordinate groups may be altered by such arrangements, overall control of material conditions, ideological context and political office remain in the hands of the elite. Reform mongering is the piecemeal allocation of concessions to social groups based upon the persistence of their demands and their strategic importance in the social division of labor (which can also be part of a divide-and-conquer strategy). Things such as civil rights and labor legislation represent examples of reform mongering in capitalist regimes, with broader programs such as the US New Deal and Great Society are examples of reformism at work.
This brings up the issue of the Tea Party and Occupy Wall Street movements in the US, the England riots and the mass mobilizations that have occurred in France, Greece and Spain among other places. While some of the mobilizations have been progressive, there has been plenty of passive revolutionary sentiment embodied in them as well. The Tea Party movement is a glaring example of the phenomena, but the rise of right-wing nationalism throughout Europe is also emblematic in that regard. Even the ethereal “Waitakere Man” has, if only latently, as much passive revolutionary as it does reformist traits, with very little progressive revolutionary consciousness evident in the collective “him.”
The dominant ideological tendency towards reactionary or reformist rather than revolutionary perspectives poses problems for progressives because the three ideological strands that are the most difficult to overcome in any parametric struggle are cultural tradition, nationalism and religion. When these are combined in a reactionary groundswell against the usurping “others,” they make for a formidable obstacle to substantive change, especially when elites tacitly support their emergence as a hedge against mass collective action that is focused on structural transformation.
The so-called Arab Spring is a variant on the theme. Although some believe the uprisings to be revolutionary, they are in fact reformist at best and passive revolutionary at worst. There is no doubt that post-Gaddafi Libya will remain capitalist, sectarian and tribal, albeit under different (most likely authoritarian) leadership. Mutatis mutandis, the same holds true for Syria, Tunisia, Yemen and other Arab states, to say nothing of Iran should popular discontent magnify to the point of unstoppable mass uprising. Revolts are not revolutions because of their reformist and passive revolutionary character.
The lesson in all of this is to recognize that alienation may be at the root of the thirst for socio-economic and political change, but false consciousness often intrudes on perceptions of the proper “solution set” to the point that the passive revolutionary option remains as viable if not more so than reformist alternatives, with the chances of genuine social revolution lessened to the extent that false consciousness, be it spontaneous or manicured, prevails in society.
In sum: passive revolutionary sentiment in the body politic in modern capitalist society constitutes the biggest obstacle to progressive change. With corporate elites dominating the media discourse and actively encouraging such beliefs, the task of the grassroots mobilizer becomes all the more difficult because the first step required is to promote an ideological conversion amongst non-believers who are indoctrinated to believe that the status quo is worth defending, even if in modified form.
Couple that with the limited revolutionary consciousness of the organized labour movement in most advanced capitalist democracies, the reformist nature of the likes of the Occupy Wall Street movement and the apathy and narcissism that is another manifestation of alienation, this augers poorly for the prospects of parametric grassroots change in the near future.
* Left for another time is discussion of ascendant class fractions in the contemporary capitalist context, not all of who (such as finance elites) embody the spirit of progressive change.
I’ve just gone through my post archive and added the tag ‘open government’ to posts I’ve written on the topic of elected or senior civil society representatives telling their constituents what they really think. I think this sort of disclosure is essential to democratic politics, and as much as I might disagree with the sentiments many such representatives express, my gratitude to them for their candour is entirely genuine.
It is in this vein that I endorse the rumoured candidacy of Cathy Odgers, aka Cactus Kate, for the ACT party in the forthcoming general election. If true, Odgers will be doing Aotearoa a genuine service, showing us all what ACT really stands for. She has never been backwards about coming forwards, and her often outrageous opinions have routinely appeared on her blog. Consequently, we can be assured of what we’re getting.
What we’re getting is someone who represents the elites; those who, if they weren’t born in possession of a silver spoon, quickly set about acquiring one by any means necessary. Hers is a devil-take-the-hindmost sort of social Darwinism which evinces general scorn for ordinary people, and outright contempt for anyone who fails to succeed by her own materialistic standards. She is perfectly frank about her view that only
But this endorsement isn’t all about foreshadowed electoral schadenfreude. Odgers, for all that I disagree with nearly every aspect of her politics, is intelligent, articulate and possessed of a sharp and analytical wit. By reputation she is driven, hard-working and will not tolerate time-wasters or time-servers. If her boasts about the expat lifestyle and her drinking habits are to be believed, she will be taking a considerable cut in pay and increase in workload if elected to parliament, so we might reasonably assume her intentions are genuine. In other words, aside from her politics — which is admittedly a very big aside — she’s just the sort of person we need more of in Parliament. It may be that the rigours of public office mellow her, or it may be that her prickly public persona hides one more rounded and reasoned. They often do.
Posted on 00:03, June 24th, 2011 by Lew
Today has been a remarkable day. Rarely do we see such an epic failure of communication as we have seen from Alasdair Thompson. Because these events have played out mostly in public, they also present an unusually transparent example.
What follows is ten specific strategic communication lessons which are clearly evident from these events. My analysis isn’t political — I have political and ideological views on this matter, and I intend to write these up after some reflection, but the purpose here is to look at things dispassionately and pragmatically and consider what was done wrong, and what might have been done differently. They are framed quite generically and can be pretty widely applied. This is a long post, so I’ve hidden most of it below the fold.
Everything here is presented on an “in my opinion, for what it’s worth” basis, and should under no circumstances be interpreted as reflecting the views of my employer, or anyone other than me personally.
On Mike Hosking’s Newstalk ZB show this morning, a discussion of the gender pay gap and Catherine Delahunty’s bill on the topic — and an object lesson in not believing your own hype:
Helen Kelly played Alasdair Thompson like a harp here. For a start, his argument is bogus — as Kelly says, the figures don’t back it up in the general case, and where they do back it up there’s a host of confounding variables. (For just one of many possible objections, since women already earn less than men for the same work, there’s an advantage at the margin where they retain the primary childcare responsibility, all else being equal. On the basis of this Thompson says they should be further penalised.)
But quite apart from the standard of the argument, Thompson ended up defending the indefensible in indefensible terms. It’s one thing to defend the indefensible in terms that seem reasonable, quite another to do so in terms that are repugnant. Rather than arguing the difference of interpretation and retaining the dignity of a Captain of Industry, a benevolent leader of men (and women) who cares about their wellbeing, he slipped into the worst sort of boss-man-splaining. This might work just fine in boardrooms where the interests of those present are aligned, but it’s not much good in the public sphere. He clearly realised this, but only once he had committed to it: his delivery was garbled and disjointed, clearly ad-hoc, and so heavily caveated that it’s hard to take any of it seriously.
But that’s what we must do. This guy is an experienced representative of New Zealand’s employers, speaking in his official capacity on a topic for which he had (or ought to have) prepared, in a mainstream media outlet. We are entitled to take him at his word, and we should thank him for telling us what he really thinks. And we should thank Helen Kelly for giving him such a plum opportunity to do so.
Update: Not one to do things by halves, Thompson has doubled — or, tripled down, with a press release arguing that women are paid less because they’re just not worth as much, and statements to the Herald blaming “socialists”, “Labour” and “unions” and claiming 90% support for his position. That number has now mysteriously vanished from the Herald’s story, and comments by readers of the National Business Review — Thompson’s natural constituency — are running 80-20 against him at the time of writing this update.
You could say he’s quadrupled down, even, since he’s now taken to twitter, responding to criticism and barbed quips with cut & pasted lines from his press release. A more epic fail is hard to envisage.
Andrew Geddis has a good post up on Pundit about Hilary Calvert and her apparent ignorance of the Humpty Dumpty scene from Through the Looking-Glass.
The extent of Calvert’s idiocy being so egregious, it seems a mite churlish to point out — in addition to failures of basic logic and lawyerly literary culture — the flaws of historical and legal reasoning in her now-famous speech on the foreshore and seabed topic. But Calvert dug her own pit when she wittered on about tangata whenua “crawling on the seabed” like some sort of primitive bottom-dwelling life forms, holding their breath for the better part of two centuries, and the length of a cannon-shot — and the following can’t go unmentioned. Despite being a big-city property lawyer, Hilary Calvert apparently hasn’t done the first bit of research into the basic legal history of this particular property-rights debate. The Muriwhenua report of the Waitangi Tribunal (Wai 22), one of the mechanisms which resulted in fishery rights being vested in various iwi (the “Sealord deal”), is a very well-known and documented case, and covered the matter of indigenous control of coastal waters in considerable detail. Its findings were robust, and were summarised as follows in the report of the Foreshore & Seabed Review Panel:
So neither Calvert nor anyone in the ACT research unit who checks speeches for accuracy (yeah, permit me a little poetic liberty) has even read the definitive public document from which this replacement law has emerged — let alone attained even a passing familiarity with the basic historical situation which underpins the argument around customary property rights to the coastal marine area. ACT don’t even understand the legal situation regarding the foreshore and seabed review; they oppose it viscerally, without even really knowing or thinking about why. Let me be clear: there are good reasons to oppose the passage of this bill. Although I don’t personally agree, I’ll even go so far as to say that there could be good, principled reasons to oppose this bill because it goes too far in compensating tangata whenua. The reasons being stated by ACT in general and Hilary Calvert in particular are not such reasons, by any meaningful standard.
ACT’s position prior to this week was bad enough; this week it has degenerated into farce. In Through the Looking-Glass the White Queen believes six impossible things before breakfast, and lives in backwards, looking-glass time. On the basis of this performance one has to wonder whether Calvert, once apparently a pretty sharp operator, is finding that her faculties of critical and professional reasoning are becoming atrophied. Though, as someone on Danyl’s blog remarked yesterday, it pays to remember that she was ranked below David Garrett on the party list.
ACT MP and lawyer Hilary Calvert, on the Marine & Coastal Area (Takutai Moana) Bill, in Parliament last night:
Once again, I think we all owe a debt of gratitude to the ACT party for illustrating so plainly to us what — and how — they really think.