Headline battle!

LingLingBattleWithin a half-hour, the two leading trumpet-blowers of the blogosphere have favoured us with their interpretations of the latest developments in the Bill English accomodation saga, and their headlines are marvellous. Both are factual; neither contain any misleading or false information, and yet they convey such different things.

First (chronologically), in the red corner: The Standard:

English admits he’s been rorting us

  • “English”, formal, invoking his role and status as a public personage and the head of a noted family (who also benefit from the ‘rort’).
  • “admits”, an implied concession of wrongdoing (even though English’s statement — not linked or substantively quoted in the post– makes quite clear that he’s conceding nothing of the sort).
  • “he” and “us”, an active phrasing emphasising the power dynamic in play, in which “we” are being exploited by “him”.
  • “rorted”, a hugely fashionable term in these parts nowadays (a fact on which someone recently wrote an interesting article; can anyone remember who?). It’s a strong, colourful term redolent of the back-slapping corruptness of entitlement, viewed as harmless and trivial by those privileged few who, by dint of social station, connections or wealth are able to perpetrate it, and as an insufferable reminder of greedy injustice by those not so able. This is the word it all hangs on: it provokes the visceral reaction of disgust, and divides the “him” from the “us”.
  • “[has] been” and the past tense throughout, focusing on what has happened. In some ways represents a softening: he has been, but he isn’t any more. But in the wider context this emphasises the ongoing nature of the campaign against English, an unspoken “see, we were right all along, and we have forced this admission” — again, despite the fact that English claims there’s no such admission. Being backward-looking, it focuses on the matter of principle, not of practice; it doesn’t matter that he paid the proceeds of his rort back, what matters is that he rorted it in the first place.

And in the blue corner, Kiwiblog:

Bill pays back allowance

  • Parsimonious, omitting a part of speech which in this case would bear important information, leaving the question open: “his” allowance? “the” allowance? We don’t know if the author thinks he has a right to it or not. It’s just “allowance”.
  • “Bill”, informal, emphasising his individuality and personal characteristics rather than social roles or position. Familiarity suggests reliability, trustworthiness.
  • “pays back”, active phrasing indicating Bill’s volition — he was not forced into anything, he did it of his own accord. Also echoes the Nats’ favoured cat-call of the past half-decade: “pay it back!”, first directed at Helen Clark, then at Winston Peters, a clear delineation drawn because Bill is paying it back and they didn’t.
  • “allowance”, something one is allowed. As in the other headline, this is the word it all hangs on. Its use implicitly disclaims any wrongdoing; because it’s impossible to ‘rort’ an ‘allowance’ by definition, this begs the question of whether Bill is, in fact, allowed it.
  • “pays” and use of present tense throughout, focusing on the future rather than the past, practicalities rather than principles, actions and consequences rather than character or trustworthiness. No harm, no foul, right?

With headlines like this, why would you even need to read the article — or the actual statement?

L

Hōiho trading

So much of Labour and the economic left’s criticism of the māori party and its conduct in government with National is little more than the howling of self-interested Pākehā angry that the natives aren’t comporting themselves in the approved fashion. But in this case, criticism of the māori party’s support for National’s amended ETS is entirely justified — not because it goes against the principles of the labour and environmentalist movements, but because it goes against the māori party’s own stated principles and demonstrated political strategy. Idiot/Savant has a thorough fisking of the differences.

Whereas previous criticisms have mostly been leveled at the māori party for trading away tactical gains against strategic gains (going into government with National; refusing to quit any time National capitalised on its majority; etc), this decision sacrifices the strategic for the tactical, swapping a few relatively token benefits to some industry sectors in which Māori have strong interests and to low-income people among whom Māori are strongly represented, against a huge intergenerational moral hazard by which the general populace will subsidise emitters, robbing the general tax fund of revenue which could otherwise have been channeled into targeted poverty relief and social services, of which Māori are among the most significant consumers. The upshot must surely be the Foreshore and Seabed; but this seems to me a very heavy price to pay for a concession which seemed likely to go ahead in any case.

While the māori party is not — and Māori are not — ‘environmentalists’ in the western conservation-for-conservation’s-own-sake sense, a core plank of their political and cultural identity is rooted in their own kind of environmentalism, and by acceding to an ETS which does not enforce carbon limitations on industry and society, they have put this role in jeopardy and severely weakened their brand and alliances.

There is a silver lining in this for Labour and the Greens, however. The māori party’s deal has prevented Labour from succumbing to a similarly tempting compromise on the ETS, and it can retain its relatively high moral ground. Labour and the Greens now have a clear path on which they can campaign for the 2011 and future elections, a definite identity around which to orient their policies, and the real possibility of significant strengthening of the ETS in the future. Where this leaves the māori party I’m not sure; no doubt those who shout ‘kupapa!’ will be keen to consign them to the annals of history, but I don’t think redemption is impossible — especially if the māori party shepherds the FSA review through to its desired conclusion, it will remain a political force too significant to be ignored.

L

Hide-ing to nothing

Two topics in this post, because I don’t have time to fully develop them.

First, John Key must not ignore the anti-smacking referendum. Although the question was leading, the result was decisive and will embolden people like the Copeland/Baldock/McCoskrie axis of evil to drive the stake deeper into the heart of NZ’s traditional social liberalism. Tinkering with guidelines won’t mollify them, and won’t stop the electorate from listening to them because it doesn’t address the substantive point about the status of a light smack in law. What will do that is the Borrows Amendment. With a view to neutralising further attacks on the discipline legislation, I think the government should adopt and pass the Borrows Amendment with due haste, and put the issue to bed (without its dinner). It’s a mutual-second-best solution, whereas the repeal as passed in 2007 was not and will not endure.

Second, Rodney Hide’s position on the Auckland mana whenua seats is consistent and his behaviour is responsible. The (proposed) mana whenua seats in the Auckland case aren’t the same as the Māori electoral seats – they’re appointed, not elected, and this gives him separate grounds to oppose them. It is not inconsistent that he favours entrenching Māori electoral seats if they exist, but not of implementing any more such seats, and not implementing any seats which aren’t elected. He’s being responsible in clearly signaling his intentions in a fairly measured way. He’s not trying to exercise any more power than he has, but simply saying ‘my resignation will be a cost of making this decision, just so you know’ and requiring John Key to consider whether that cost is worth it. In addition, he’s working with Pita Sharples on the issue rather than taking a reflexively oppositional approach. Finally, this is strengthening his core political brand. It’s smart politics all around because whether he gets his way or not, he comes out of this looking good.

Update: A third thing – eternal guest-poster r0b at The Standard continues to go from strength to strength.

L

Half-baked

Paint your roof white, Marty G urges, and save the planet:

Just painting the dark roof of a 100m2 house white offsets 10 tons of carbon emissions – over half of average annual emissions per person.

If only it were that easy. Partly it is, of course – some of the gain comes from the heat being directly reflected back, and that bit still holds. But the paper refers to carbon emissions saved from people in white-roofed houses not needing to run air conditioners. That might be fine in Texas or California, or Australia but in NZ the problem set is completely different. Most people don’t have aircon, beyond the windows. Those who do probably use it for a couple of months a year, at most. A much greater problem in NZ is heating – so in NZ we should be painting our roofs dark in order to save on heating, right?

Perhaps what we need is a switchable system which can be dark or light when needed. But the lesson is a much more elementary one – house design should suit the locale.

Eagerness, again, is no substitute for thought.

L

John A at The Standard – hypocritical and spiteful at the same time

Today John A on The Standard decided to post the street address of the Deputy Prime Minister’s wife and children. It was unnecessary, it was hypocritical, and it was spiteful.

I would love to see The Standard playing a clean fair game, but if they’re not going to then they could at least stop picking on politician’s kids and families.

Update: Exact same criticism of Toad at Greenvoices, again unnecessary, and spiteful.

Update 2: Some good-hearted Standardista has removed the address detail, good on you!

Update 3: Toad too – thanks!!

Guidelines on a website are not advice

I’m not a big-city lawyer either, but Paula Bennett might have done well to consult one here.

In response to a parliamentary question from Charles Chauvel asking whether she’d taken advice as to whether the two women whose details she revealed after they questioned the government’s decision to cut the Training Incentive Allowance could be deemed to have given consent for the rest of their details to be released by going to the medias. Her answer was, more or less, “I looked at the guidelines that were on the Privacy Commissioner’s website” and a wee bit of misdirection about the previous Labour government.

The guidelines specify that a minister “need only believe, on reasonable grounds, that the individual has authorised the disclosure”, and later admitting that she did not make enquiries of “her officials or anyone else” as to the details she released. Without checking precedent or taking legal or policy advice, how can she claim “reasonable grounds” for implicit consent from a few brief and specific quotes in the Herald on Sunday?

The problem her stance raises – and perhaps the very reason for her taking it – is its chilling effect on political speech. If anyone who is dependent on the government for any part of their income (or other services) is liable to have the details of their cases made public for criticising the department upon which they rely, then that department is very effectively insulated from criticism. Being insulated from criticism means not being held to account for failings, and not being held to account for failings leads to a culture of impunity, a central plank of National’s election campaign against the former government.

I expect there will be a few smart privacy lawyers who’ll offer their services to the two women in question for a nominal fee, and the government would do very well to sharpen up. This is political gold for the opposition if the minister does not immediately back down and offer mea culpas of some sort. If the Prime Minister is required to pick sides, this is an important juncture for the government. She didn’t take advice. She can’t know what reasonable grounds are. Being a cabinet minister requires high standards of conduct and certainty. An employer would never get away with ‘I checked the website and then fired him’. If this goes to court, it won’t matter who wins or loses the case – the government will lose a bit of its shine, and so will its beleaguered Minister of Social Development.

There are good threads about this at the Dim Post.

Edit: Eddie has done some further digging to nail this down, too.

Edit 2: Woah, simultaneous linkage. There is no cabal, really.

Edit 3: It occurs to me that this is a political n00b’s monkey-see-monkey-do response to the Burgess case, where Labour and the media released some but not all details, and National used the remainder of the details to invalidate the political points being made. The differences with this case are that someone’s property holdings are a matter of public record, not information held by the government; and even if they were, property holdings are directly relevant (implied consent clearly applies) since the issue at hand hinged on the Burgesses losing their house, a matter which they brought into the public sphere.

I reckon Bennett saw what a big win the government had with the Burgess case, figured she’d do the same with this case, and overreached. Schoolgirl mistake. But I think it’s giving far too much credit to call this a rope-a-dope by Labour.

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

Welcome Standardistas

Lynn has linked through to us while The Standard is down – thanks. I won’t have time today to put much up, so in order that you’re not disappointed by the relative lack of content, here are a few other unusual suspects worth your attention:

  • BAGnewsNotes, because politics sometimes needs to be seen to be believed.
  • The Dr Seuss propaganda cartoon archive.
  • My old mate Gabe runs a radio show on FleetFM called Playing Singles, Drinking Doubles, dedicated to outlaw country, honky tonk, gospel, rock & roll, western swing and the blues.
  • The Objective Standard, whose watchword is Exploit The Earth Or Die. Magnificent in its delusion. Even the ad links on this site are interesting – here’s one to a book called The Values of Harry Potter: Lessons for Muggles. Who knew Harry Potter (by implication: JK Rowling) was a Rand cultist? Or wait, is it that Rand cultists are actually wizards? Clearly, since I can’t figure this out, I’m a muggle.
  • Here’s a wonderful montage of Fox News screengrabs. It’s a big file, but truly the gift which keeps on giving.
  • Save The Media – career journalist Gina Chen blogs on how old media can learn from new media.
  • The Peoples Cube – life behind the irony curtain. So overdone it initially made me wonder whether it was propaganda or ironic counter-propaganda, but nevertheless, an almost-endless trove of remarkably original material. Particularly righteous is the Pascal’s Global Warming Wager.
  • Submit on the Auckland local government reforms. Last stop today; train’s going to keep on rolling until it reaches the end of the line or the engineer dies.
  • Why Obama really won the Democratic primary.

Add your own unusual suspects in comments, if you like.

Cheers,
L

[If anyone has a post they’d like us to put up please email us (kiwipolitico @ kiwipolitico.com) and we’ll get it posted! Anita]

Identity is more than class

Marty mars, commenting at The Standard, nails down the problem with Eddie’s and IrishBill’s latest bit of anti-māori party propaganda in one brief sentence:

You cannot fix any class issue until the race issue is sorted and that won’t be sorted while you are still working everything from the class angle.

Until the Marxist left realises that Māori have their own political identity and generally don’t (won’t and shouldn’t) identify en bloc with non-Māori political movements which require their Māori identity to be subsumed by a transnational class identity, it can’t reliably count on Māori support, and can’t really consider itself an inclusive movement.

Substitute ‘Māori’ for other political minorities if you like – the internationalist movement will only be successful when it learns to accommodate diversity and turn it to political advantage, rather than trying to squash it.

The Clark Labour government’s fundamental inability to realise this (by passing the Foreshore and Seabed Act, most notably) is why the māori party is trying other options. They and their people have had seventeen decades worth of out-of-touch honkeys telling them how to achieve the sort of political and economic progress they want, and at the same time largely denying them the resources with which to achieve such progress. Time for a new strategy, and creating a bidding war between the two main ideological blocs doesn’t look like a bad one, to me.

Hone is right, though – the party is going to have to get a lot more than they have if they want to retain their people’s loyalty and not be seen, come 2011, as the Brown Tories.

L

I don’t see a test case

Much has been said about the poor reporting of the case of James Mason, who was yesterday found guilty of punching his four year-old in the face, but the thing I can’t figure out isn’t the focus on the ear-flick or whatever, but why anyone thinks it is a s59 test case. From having read the Stuff and Herald stories, I gather the following:

  1. To qualify as a s59 test case the verdict would need to hinge on a question of law in the new section of the Crimes Act. Mason would have had to admit striking his son and claim it was either inconsequential or not for the purpose of correction but for the purpose of preventing harm.
  2. Mason denied having struck his son, thus negating the possibility of any defence on either of those grounds.
  3. Mason’s denial was contradicted by two witnesses who testified to seeing him do so.
  4. The jury found that as a matter of fact Mason did strike his son, and duly found him guilty, there having been no argument that it was justified on the grounds of being inconsequential or for the purpose of preventing harm.
  5. Since Mason didn’t appeal to a matter of law, but to a matter of fact, the case couldn’t have been a test case no matter what the verdict was.

It may be because I haven’t read widely today, but the only other person I’ve seen make this argument is RedLogix at The Standard. Are we missing something here?

Aside from which, let me repeat the sentiment that those who want to burn political capital by defending a man who punches a four year-old in the face in public are more than welcome to do so.

L