Crossing: the flaw

This evening the GCSB Amendment Bill passed its third reading in Parliament, 61-59, despite a desperate last-minute campaign to persuade selected government MPs to cross the floor and vote against the bill.

I’m sure everyone involved would accept it was a long shot, a last-ditch effort after every other challenge had failed. But it shares some faults with the remainder of the campaign, and the left’s political strategy more generally, which has been marked by a lack of coherence and internal consistency, poor targeting, and seemingly more at shoring up support among activists than in extending that support.

Motivation

The merits of the GCSB issue were thoroughly thrashed out — the main problem is that it is an extremely complex topic about which few people have the expertise to make authoritative claims. Nevertheless, many of those people have made such statements, and the evidence is out there. This has been the strongest aspect of the “Stop the GCSB Bill” campaign more generally: its appeal to evidence.

But this was not a topic upon which government MPs were amenable to evidence. If they had been, they would surely have been swayed by testimony from the Law Society, the Human Rights Commission, and defence, security and IT experts including the former head of the GCSB itself. They were not moved by these appeals to evidence; not even slightly. They simply hold a different opinion on the merits of the GCSB Bill, one that happens to not be supported by the aforementioned experts (no doubt the PM provided another set of experts who gave them a counterview).

This is fundamentally because their motivation for passing the bill is ideological, not policy-oriented. National governments are strong on security. Whether they are or not, it’s part of their brand. They keep people safe, both at the day-to-day criminal level and at the level of transnational crime and terrorism. They are simply not willing to let some liberal bed-wetters prevent them from implementing a security system that better suits their petit-authoritarian worldview.

Hardening

Calls to cross the floor arose mainly from the left-liberal activist community. The biggest problem with calling on your ideological foes to cross the floor is that they’re your ideological foes. If they cared about what you thought, they wouldn’t be your foes, and they very likely would be amenable to changing their views based on the evidence, or at least to moderating them and cooperating.

But this is war. Not war on terrorism; war on the liberals, who are the real strategic threat to this government, and are ascendant in New Zealand’s left following the success of marriage equality, the continuing strength of the Greens, relative to Labour. In a war, when your enemies offer to parley, it is a sign of weakness, and nobody could mistake left-wing activists begging the Minister of Justice for a vote to sink a key plank of her government’s legislative agenda as anything other than a sign of desperation. In a war, when your enemies offer to parley, you only accept if you can’t crush them, see them driven before you, and hear the lamentation of their women. Hard ideological power is rarely vulnerable to moral suasion.

Trying to persuade individual MPs to betray their cause from a position of such ideological and strategic isolation was never likely to have any effect other than to harden their resolve, and to increase pressure on them from within their party to toe the line. In particular, given the vitriol to which certain MPs — notably Peter Dunne, hilariously regarded as being the most likely to switch — have been subjected in recent months, a sudden switch to flattery and appeals to better nature was simply incoherent and too jarring to be credible. Even a dog, if mistreated, will bite when petted. The fact that so much abuse continued even after the charm offensive began made it doubly ineffective.

In many ways this was a concentrated version of the overall strategy of moral and evidence-based persuasion: because support for the bill has been framed in a partisan way, there’s little point in convincing your own side. The task is to convince people who, for the most part, like John Key and trust his government that they are neither likeable nor trustworthy. It’s a hard thing to do — but doubly hard when your cause gets occupied by the Occupy movement, a point that Pablo made in one of his many excellent posts on this topic recently.

Target selection

Nine MPs were selected. Not to say that there were any actually good targets, but the selections misunderstand each MP’s place within the government machine.

The most obviously-idiotic target was Judith Collins, the Minister of Justice and probably the toughest authoritarian in government, including Key himself. Converting her was simply never a happening thing. National party newcomers Paul Foster-Bell and Claudette Hauiti were almost as laughable, given that their political careers exist only at the pleasure of the party.

Peter Dunne was probably the best target six months ago, except that he has since been subject to the greatest amount of vitriol over this issue. His relationship with the government has also been weakened recently, a bond he needed to renew, which he has.

John Banks, although personally of a nature similar to Collins, is vulnerable to his party machine which could possibly have been talked around — but the activist left thinks of him (and it) as being beyond liberal redemption, in spite of his voting in favour of marriage equality.

The others (Sam Lotu-Iiga, Melissa Lee, Jami-Lee Ross, and Nicky Wagner), were no worse than anyone else in the party.

Who do you love?

The only thing that gives a non-delusional Prime Minister in this data-driven age the sort of swagger John Key has is the knowledge that the polls are solid. There have been a few public polls: Research NZ; ONE News/Colmar Brunton; 3 News/Reid Research and most recently Fairfax/Ipsos.

Campbell Live’s unscientific, self-selecting plebiscite is barely worth a mention. So of these polls, only the last gives anything like a picture of an electorate that is closely engaged with this issue; it tells us three-quarters of New Zealanders do care about the GCSB Bill. But 75% on its own means nothing. Polls told us that 80% of the electorate opposed asset sales, and look how that worked out. This poll also tells us how much they care, and the answer is: only 30% are very concerned, and 25% aren’t concerned at all. More than half trust the government to “protect their right to privacy while maintaining national security”.

Key and his government will have much better polling than this, and broken down by party allegiance, too, and that’s important — Key would be perfectly happy to alienate 30%, or even 40% of the population as long as they’re all committed Labour and Green voters, and more than half overall still basically trust him. Key said people were more interested in snapper quotas than the GCSB bill, and he’s probably right — if you read that as “people who might actually vote for him.”

What was the performance in aid of?

The major effect of this campaign was to give the activist community something to believe in, a sense that they were Doing Something, rather than just sitting there while their freedoms got gutted. It was very much attuned towards focusing existing opposition, rather than towards expanding that opposition. (This was true to a lesser extent of the public meetings and mass rallies, which effectively church services, but these did also have an important role in disseminating evidence and bringing the discourse into the mass media).

The effect has been clear: there has been no effect. While opinion polling for the left has picked up in the last few days, it remains to be seen whether this will persist.

Although this one was poorly-executed I also don’t think a “cross the floor” campaign was necessarily a bad idea. Theatre matters. Morale matters. For all the criticism, there are many positives here. One is that people have gotten angry — even if it’s only a relatively small cadre of activists, that’s something we haven’t really seen much of recently. And there are some signs the discord may spread further (though not much further, as yet).

But while Do Something campaigns can be worthy in terms of making people feel better about losing, that is often all they are good for. They are often not very effective in terms of actually winning. This campaign worked well as a salve, but as far as effectiveness goes it was badly framed and focused on the wrong objective. It was both too partisan to draw in broad support from across the ideological spectrum, and then, later (once its ideological hostility was confirmed) began to treat the government as only a semi-hostile force that might be reasoned with. A less-ideological campaign to begin with, hardening into a more rigorous strategy as it became clear that the government would remain intransigent would likely have been more effective if it could have been stitched together (admittedly a big if).

Further, focusing on the bill’s passage was unrealistic. It was a fair enough interim goal, but more realistic is to focus on the repeal of the bill — now act — when Labour and the Greens are next in government, and to use it as a lever to assist them into government. Good progress has been made towards this as well, especially in securing what seems to be solid assurances of repeal from Labour, whose prior form on civil liberties has been very mixed.

What remains to be seen is if those involved can maintain momentum for another year. If they can, and this kicks off a 14-month campaign season, then it will have been a triumph, in spite of its tactical failure.

L

What should I think about Dunne?

The thing that has struck me about the current Dunne based fuss is the number of times I end up saying “I just don’t know what I should think …”

1) Should Dunne have released the email content he received?

I started off thinking “it depends if they were sent in a professional or personal capacity”. If he had emails from a school principal talking about the effects on current special education funding on workloads, I feel like they should be released. If he had emails from the same principal about her frustrations with the RMA process and the townhouses being built which will shade out her garden, then they shouldn’t be released without her permission. Similarly, I think, if they are in a professional capacity but contain personal information about either the writer or, even more so, they should be withheld (for example principal talking about the effects on a particular student).

Then… does it matter that the emails were from a journalist? … I think so … both because she should have been more aware than most people who email a Minister about how the system works (so should have less expectation of privacy perhaps) and also because we rely on journalists to make things open which would otherwise be hidden from us (so, perhaps, should have more expectation of discretion).

So… I dunno :)

2) Couldn’t he have released the contents to David Henry based on an agreement that Henry wouldn’t further release them…

I think no. If the issue is privacy then no, showing them to Henry is unfair on the individual’s privacy. We’ve all seen situations in which a secret was told to “just one other person”, causing distress to the person whose secret it actually was.

On the other hand … if we’re talking about protecting how journalism needs to work to serve the public rather than protecting privacy … still probably no. The whole point of the Henry report was to find out how the leak occurred, if Vance wanted to contribute to that discussion (to rule out Dunne, for example) she is free to do that by releasing her emails – it is not up to Dunne to make that choice for her.

3) Should we be discussing Dunne’s motivations?

I think yes … but a little less salacious glee would be nice, and some care of other people’s privacy is required. Dunne is a public figure, who has admitted to doing a foolish thing in his public role – discussing the why is a reasonable thing. But … there is a point at which is just becomes prurience or schadenfreude. There is also a point at which is crosses a line into delving into other people’s lives way more than can be justified if we’re only interested in why one man did a foolish thing.

4) Should Vance’s role in all of this be up for discussion?

Um… no idea :) Discussing how journalists get their information seems up for discussion, unevidenced discussions of her personal life and ethics not so much. But… and this I am sure of … if someone wants her role to be up for discussion they should explicitly raise it “Vance did this thing here, and it is good/bad/ethical/unethical/whatever”, the problem at the moment is that no-one is actually saying that, they’re just all saying things about someone else and in passing accusing her of something left grey and unable to be responded to.

5) Is there a thread of sexism in here that we should be aware of?

I think so. When Peters says “there’s no fool like an old fool” he is explicitly calling on a stereotype about older men – and we can discuss whether it’s fair or accurate or relevant. But he is also implicitly reinforcing a stereotype about pretty young women who use their feminine wiles to further their careers – and we don’t seem to have room to debate that. I think that young women, working in politics, journalism, or anywhere else, could live without any more reinforcement of the view that it is blindingly obviously and completely normal they use sex to get ahead.

Teapot Tapes poll: political moral suasion

I recently tore into Chris Trotter’s argument that polls are deployed to promote a “spiral of silence”, to demoralise those holding non-majority views, and to deter them from political speech and action. I stand by that post, and I still don’t think the argument holds in the general case, but this morning I think we saw an example where polling data was used in just such a way.

National campaign chair Steven Joyce appeared on Morning Report defending the party’s handling of the “teapot tapes” strategy. Joyce came to his Morning Report interview armed with overnight polling data that he says shows 81% of people are sick of the coverage of the teapot tapes, only 13% think the issue is a big deal, and that some in the media ought to take a long, hard look at themselves. Russell Brown covers the topic in more detail; this post began as a comment there).

Leaving aside questions about the veracity of these figures (they could be utterly fabricated and we’d be none the wiser; Bomber reckons they’re bollocks), this actually is a case of a politician deploying polling data to send a message, not only to the media, but to the public: If you care about this you’re out of touch, disconnected, in the minority, obsessed with trivia, and you ought to be ashamed of yourselves. While I disagree with his assessment, what’s more interesting is how he framed that assessment: as a normative argument about what election campaigns ought to be about, and what “real New Zealanders” care about; echoing John Key’s “issues that really matter” rhetoric, which is precisely what all the National supporters I’m in touch with have been saying: nothing to see here, it’s a sideshow, can we get back to the substance, and all that.

Which is pretty ironic given that the Nats have done extremely well for most of the preceding five years by staying the hell away from policy arguments wherever possible. It’s a pretty remarkable position from a National party whose strategic success has been largely founded on a ruthless commitment to campaign realism, expressed by avoiding “noble” pursuits such as the robust policy focus and appearances in the hard-news media in favour of what is effective — personality and brand-focused campaigns, point-scoring, agenda domination, and routine appearances in sympathetic forums, for example. It’s even more remarkable since Joyce himself has been the architect of this strategy since the 2008 campaign.

So I am cynical about National’s sudden love for the “real issues”. They have touched on them before — the election-year launch of the privatisation policy that I wrote about in February is the best recent example — but this has hardly been their preferred route. What seems more likely is the “spiral of silence” imperative — marginalise, shame and heap scorn upon those who genuinely see a substantial public interest in the way the teapot tapes episode has played out, not out of a prurient interest in the contents of those tapes but because — as Danyl notes, it “keys into a huge range of really substantive issues: the Prime Minister’s integrity; media ethics; surveillance”. This deployment of normally-secret polling data — probably collected for this exact purpose using carefully-framed questions — seems like an attempt to bully into silence those who aren’t willing to ignore an unprecedented breakdown in the relationship between the Prime Minister and the media, and a nearly-unprecedented glimpse into the internal workings and political culture of the National party and its leader.

It has had the desired effect on other political parties — Phil Goff and Peter Dunne have sung from the same songsheet today, leaving only Winston Peters to reap the electoral harvest from these events. Given that, it is not unlikely that it would have a similar effect on voters, especially in Epsom. Of course, there may not be an electoral harvest; the polling data might be accurate and it may genuinely be perceived as a “Bowen Triangle” sideshow. I don’t think so, but then, I would say that.

Update: Since writing this, Fairfax has released a poll of their own that suggests the public are over the teapot tapes. Its numbers are considerably more ambivalent than those released by Steven Joyce, however; the strongest result was for the obviously-correct proposition that politicians should be able to discuss controversial topics privately (63%). On this basis Matthew Hooton is now praising the strategy as “genius”. It’s also important to realise that this isn’t a pure popularity contest, but a balance of complex factors — the intensity of sentiment on either side matters. As Danyl remarked in the Public Address thread, “If 4% of National supporters switch their vote over to Winston Peters on the basis of this affair, then that’s a strategic catastrophe for Joyce’s party, no matter what the other 96% do.” There’s no indication that this has happened, of course, but there’s no really definitive indication of the fallout from these events at all. The Herald on Sunday tomorrow will be fascinating.

L

False mean

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I never get tired of this cartoon. It reminds me what being a Sensible Moderateâ„¢ is not at all about.

The latest proposal for the foreshore and seabed is PC gone mad — put it in the public domain, but not really the public domain per se, and everyone’s happy. Or not unhappy. Hopefully. And if they are, they’re just being unreasonable.

It’s blending half the kittens in order to avoid tackling the complex and painful political and historical problem which the issue represents. It’s the cop-out option which aims to offend nobody, but really only achieves that goal on the surface. It’s like a butchered mihi delivered by someone who’s not really well-meaning but wants to appear so, ignorant of the fact that wairua matters.

This has Peter Dunne’s fingerprints all over it, and he’s the one tying himself in verbal and conceptual knots: “no one owns it but we all own it and so therefore we all have an interest in it”. The unnamed sources are no better, arguing that since there are no rights, “everyone’s rights are protected.” You couldn’t make this up.

The trouble is that Māori — and the māori party in particular — don’t just want everyone to get along; they want their historical claims to the takutai moana tested and upheld, or negotiated to mutual satisfaction. This will necessarily include some positive determination as to the ownership status of those stretches of land and sea, from which will derive other rights — to development, to exercise kaitiakitanga, and so on — which can and should be negotiated on the merits of the original determination. This proposal commits a similar legal fallacy to the Foreshore and Seabed Act, in reversing the legal test as to customary title. Prior to the FSA all land was presumed to be in customary ownership unless alienation could be proven — the FSA reversed this, forcing claimants to prove that their rights to the foreshore and seabed had not been alienated. To be satisfactory to Māori, any resolution must address this change, and either provide recourse to that pre-existing legal framework, or a negotiated framework which satisfies all parties. Māori don’t want a Clayton’s solution in which they gain nothing except by losing slightly less than the Foreshore and Seabed Act took away, while things literally do not change for Pākehā.

Let me be clear, though: I don’t so much mind the function of the proposal as its justification. I prefer Hone Harawira’s proposal — full customary title, inalienable, with guaranteed access for all New Zealanders in perpetuity — but recognise that this is probably too ambitious in reality. A solution which mimics public domain in function while resolving the question of customary title could work. But this isn’t such a proposal. There is no short-cut, no easy way out of this. It’s time for both major parties to stop avoiding this fact, and face up to the responsibilities — and the opportunities — these historical times present.

Update: Yikes, even Marty G sort-of agrees with me!

L

The glow of the furniture, piled high for firewood

There’s been much analysis, wisdom, whimsy, and snark about Gerry Brownlee’s plans to mine the conservation estate. But rather than talk about it, I’m going to repair to a rather dubious poll from stuff.co.nz:

stuffminingpoll

Two things are interesting about this poll. First, for an internet poll, the options are uncharacteristically nuanced. This leads to the second interesting thing: these results are deeply incoherent.

I’m going to work from two assumptions (both of which are pretty arguable). First, I’m going to go out on a limb and assume that stuff.co.nz poll respondents are pretty similar to NZ Herald poll respondents and the commenters on “Your Views” and Stuff’s equivalent — putting it very charitably, let’s just suppose that they’re somewhat further economically to the right, less environmentally conscious and with stronger authoritarian tendencies than Gerry Brownlee. Second, I’m going to assume that a poll like this should break roughly along partisan lines, since it’s a government policy opposed by the opposition, part of an overall strategy to mimic Australia, a complex topic of national significance with which people generally have little first-hand experience (the sort of thing they tend to entrust to their representatives), and the poll answers are heavily propagandised using the government and opposition’s own sorts of terms.

The poll result is incoherent because it doesn’t break along (rightward-slanted) partisan lines, although it initially looks like it does. A total of about 56% of respondents approve of mining in principle, and this is roughly what I would expect given this framing, the current government position on the topic, and the demographic characteristics of this type of poll. It’s what the government is banking on in terms of support with this policy: if it drops much lower, they’ll probably back down. But where it gets incoherent is in the other two options. The third option (“too damaging to NZ’s green image”) is about what the Green party is polling, and the fourth (“National Parks are treasures”) is about what the Labour party wishes it was polling. That’s bass-ackwards, because the third option is the Labour party’s actual position on many environmental matters (even Carol Beaumont’s passionately-titled post falls back on NZ Inc. reasoning), while the fourth position is the Green party’s actual deeply-held position of principle. A second source of incoherence is the political framing of the second (most popular) question. By definition, if conservation land is mined it’s not being conserved any more.

Both Labour and the Greens have huge opportunities here, but they need to position themselves to properly take advantage of them. Labour, for its part, needs to tone back the NZ Inc. reasoning which plays into all the assumptions of the second question: that it is a simple trade-off of one type of economic value against another type and come out looking good on the margin. This is classic trickle-up politics, rationale which appeals to the brain instead of the gut. The people who are picking options one and two probably think they’re doing so on solid rational bases: more money, more efficient use of resources, etc. — but the real reasons are probably more to do with ideology (mastery of the environment) and nationalism (catching up with Australia). Labour’s best move here is to appeal to peoples’ identity: New Zealanders think of themselves as people who live in a wild and pristine country, and they like having that country to go and ramble about in (even if they hardly ever do it). The Greens could also adopt such a position, abandoning the wonkery for things which matter to people. Russel Norman tried with his speech in reply yesterday, but I swear, whoever wrote it needs the ‘G’, ‘D’ and ‘P’ keys removed from their keyboard. He needs to take a few hints from the team who got an organic farmer elected to the Senate in Montana on an environmentalist platform by telling him to stop talking about environmentalism and start talking about how much he loved the land. The Greens also need to rethink their deeply confused firearm policy, but that’s a minor thing. In a country with such a strong constituency of outdoorsfolk and wilderness sportspeople it’s an absolute travesty that the MP who represents the hunting lobby is the urbane Peter Dunne, and the only party who genuinely values wild places is represented by earnest city-dwelling vegetarians.

But Labour and the Greens can’t divide this constituency between them; they need to make this appeal positive-sum, and steal back some of those who voted option two. The way to do this is to attack the implicit logic of option two, the idea that you can mine something and still be conserving it, and to remove the idea that this sort of thing is for a government to decide, that it’s somehow too complex or technical for ordinary people to understand. This shouldn’t be hard to do — it’s a plain old political education campaign. But it requires framing and a narrative whereby reasonable people can really only bring themselves to choose the wilderness; causing them to lose faith in the assurances of the government’s “strict environmental criteria”. The narrative needs to be about who we are in New Zealand, and it needs to be one which appeals to socially-conservative rural and suburban folk who would never think of voting for earnest city-dwelling vegetarians even though they share many of the same bedrock values. It needs to be like the lyric in the title: we are burning our furniture, and that’s not what civilised people do. New Zealand is not a nation of environmental degenerates, except when insufferable environmentalist smugness forces them to choose degeneracy as the less-bad identity position.

This is an issue on which the left can win, because it’s already a pretty marginal issue for the government. It cuts against a long-standing bipartisan reverence for National Parks, and it cuts against New Zealand identity as New Zealanders see it. Even on what should be a pretty reactionary online poll, the government only wins by 6%. Turn one in six of those people around and the issue gets put on ice for good.

L

Framing fires

Parliament is sitting today, and the 2009 session rightly opened with a unanimous motion of support for those affected by the Victoria bushfires. The events themselves have been very thoroughly covered on NZ media and internationally, but what I’m interested in is the way in which our politicians have been speaking about them. So, a quick look at each party’s contribution to the debate of the motion this afternoon.

John Key, National: Emphasised close cultural, economic and military relationship – “like no other”, and history of mutual support in times of need. Strong sporting rivalry means strong cultural ties. Firefighters as heroes who care not for borders and are an example to us all. Top-level links between himself and Rudd. Closed with “kia kaha”. Focused on the magnitude of the events on Australia, though a questionable choice of words with “the enormity of what is happening has burned into our consciousness”. Strongly-worded, statesmanlike, decisive.

Phil Goff, Labour: Spoke for “all New Zealanders”, focusing on impact on families of victims and the “human tragedy” and loss of property. Used family and sport metaphors for the strength of the relationship, like Key. The offer of 100 firefighters “was a good first step”. Generally somewhat procedural, lacked the bite of Key’s speech.

Russel Norman, Green: Very brief. Ticks off main points re support for the motion and assistance, and “respectfully note” the debate on climate change in Australia – but perhaps wisely doesn’t make too much of this.

Rodney Hide, ACT: “All New Zealanders” and “brothers and sisters”, again. Moved quickly to Rudd’s “hell on earth”, then to the possible criminal element behind the fires, hoping that those who committed the “evil” of the arson receive their “just desserts”. He’s angry, first and foremost.

Tariana Turia, māori party: Expressed sympathies in the first place to “the Australian Prime Minister Kevin Rudd” and then to those “families and communities” who have suffered – formally, she’s speaking as ariki ki te ariki, I think. Rather than using family as a metaphor, highlighted the fact that many New Zealanders actually have relatives in Victoria. Fire is “merciless”, families are “scarred’. Said her party would “support the role that this government and this country will play” as if she’s not involved or hasn’t been consulted about it.

Jim Anderton, Progressive: “Brothers and sisters” again, emphasising global and historical magnitude of the fires. NZ being “compelled to share [victims’] grief”. Focused on rebuilding and the resilience and “Aussie dauntlessness”. Firefighters as heroes. Amazingly, he compared the fires to September 11 2001, rationalising it on the basis that the same proportion of population have supposedly been killed. Irony of flooding in Queensland at the same time. Generally a strong speech, but – September 11, WTF! At least he didn’t refer to the supposed arsonists as “terrorists”.

Peter Dunne, United Future: “Kith and kin”. Enormity of the events – “Australia’s worst peacetime tragedy”, which is rhetoric reminiscent of post-9/11. Warns that life will take a long time to return to normal. Talks about media imagery a lot. Encourages people to be “as generous with their resources as they are with their sentiments”.

I see a few true colours there, I think.

L