Merry Christmas

December 25, 2009

in Uncategorized

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 2 comments }

Getting to Work

December 24, 2009

in Blogging

I’ve been rather silent the past few months, for reasons clearly stated. I have, at several points, considered shutting this blog down, but overall I still want to write for it, so I’m not going to.

To deal with the generally-insane (albeit interesting and enjoyable) workload that my new masters at BPP like to provide me with, I’ve started to work out something of a strategy to deal with this, and the brave/foolhardy decision to set up a second blog.

I’m going to be commenting a lot less within the news cycle. I simply don’t have enough free time to even attempt to stay on top of it, and it’s not actually that fulfilling to write about. A bit more commenting on what I want to, and a little less chasing readers and headlines. The pace is also going to be a good deal slower than before.

My other blog will be growing to deal with legal issues and commentary. There may be some crossover between the blogs, but the latter is going to stay confined to that topic. On that same issue, this blog is going to expand its focus a bit (one hopes) to not just domestic politics, but history, war and foreign policy.

Finally, I’m going to need a few gimmicks to help pad this out and deal with the slack in writing. Guest posters are always welcome, although hopefully this time round their posts won’t get destroyed by a massive hacking attempt on my host. Anyone interested in podcasting should also get in touch.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 0 comments }

New Blog

December 16, 2009

in Uncategorized

I’ve started up a new blog on legal issues. You can find it below:

Garrulous Law.

I’m probably going to be blogging more there at the moment as I don’t have much of a life outside the law at the moment.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 1 comment }

Sovereignty Act: Rubbish

November 6, 2009

in Law

No better way to return to blogging than to turn around, face your party and tell them they’re wrong!

As I am currently en route to a constitutional law tutorial, it only seems appropriate to talk about the constitutional issue running through the blogosphere this week: Cameron and Hague’s proposed Sovereignty Act. This act, we are told, will assert UK supremacy in the area of EC law.

The problem with this legislation is that it is a pile of logically absurd and constitutionally dangerous nonsense.

First, look at the underlying logic of the act. The only time you need to pass an act declaring you are a sovereign body is when you are, in fact, not sovereign. Yet, if you are not sovereign, you do not have the authority to pass such an act. A sovereignty act is, perforce, ultra vires. The only time such measures do not self-contradict is when they are accompanied by revolutionary violence. Somehow, I don’t think this is what David Cameron is promising.

Fair enough l, you might say, but this is politics; academic legal and logical purism should be subordinated to the realities of power; the logical conundrum will have little practical relevance.

Except that it will.

The problem is that what the Sovereignty Bill proposes is already the legal status in the UK. Parliament is sovereign, and the EU’s authority in this country derives solely from an act of the same: the European Communities Act. The danger comes in that creating a redundant piece of legislation that states the bleedin’ obvious will impose on the courts a duty to interpret it as somehow altering the constitutional order. The courts cannot simply disregard the act on the grounds of it being a grandstanding gesture. This risks driving a steamroller through a delicate area of jurisprudence on the sovereignty of Parliament and its limits. Worse, a challenge to the Bill could even further muddy the waters even further, and this is all before interests in Parliament attempt to amend the Bill to the point that the whole constitution is destabilised.

Conservatives should not support such a potentially destabilising and pointless piece of legislation.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 3 comments }

Ego Boost

November 1, 2009

in Blogging

I just found this about me on politics.co.uk. Suffice to say I am flattered (even if they did misspell my name).

I feel sufficiently motivated and will try and find a way to keep this updated, but expect a bit of a change in tone as this moves in a more legally-oriented direction, as well as a degree of GDL-induced irregularity.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 0 comments }

Major Restrictions

October 12, 2009

in Blogging

Earlier this month I started a Postgraduate Diploma in Law.

This is an eight-month intensive course that gives non-law graduates an academic qualification of similar standing to an LL.B.

As a result I am rather short of the free time needed to maintain this blog. After quite a bit of agonising, I have decided to, effectively, suspend it.

In practice this means that I will be posting on a much less frequent basis, and only where I happen to have something to write about, as opposed to just chasing topics. I may also start a law blog if I can find a way to integrate it into my studies.

I don’t want to turn this into a long farewell post, as I do hope to restore this blog to regular activity at some point. Nonetheless I would like to take a brief moment to thank everyone who helped me with this through advice, criticism, drinks, links, parties and contacts. You know who you are and I am very grateful. Thanks also, again, to those who voted for me in the Total Politics poll.

I shall return, and occasionally haunt this place from time to time. You can still find me on Twitter @benjaminfgray

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 1 comment }

Labour Losing It

October 1, 2009

in Politics

Was it really a good idea to rip up the Sun and insult its readership?

I am sure it played well with the crowds and pleased many of the demoralised delegates.

That, however, is the problem.

Peter Mandelson, in a more lucid time, said that one should act not as if addressing the conference, but the country az a whole. Tony Woodley ripping up The Sun marked the moment when Labour leaders stopped talking to the country and started talking to itself, complete with telegenic action.

If talking to oneself personally is a sign of insanity, in political terms it is a sign of a loss of mandate.

Astute political leaders understand that to govern, one needs a broad church of support. Parties must be diverse in membership, and votes courted beyond the core. Blair understood this with his talk of Big Tent politics, and The Cameron project has the same understanding.

Yesterday, however, Labour turned its back on big tent politics in favour of pleasing the crowd.

That may help a post-defeat leadership contest, but it won’t reduce the chances of defeat.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 0 comments }

Marr was Wrong

September 30, 2009

in Politics

There is still reverberation about whether Andrew Marr was right to ask Gordon Brown “THAT question” about prescription painkillers. I don’t think he was.

This is not, as Guido suggests, a double-standard. The question of whether David Cameron took drugs at university at least has the different quality of being related to law-breaking. Nonetheless, it does little to serve the public interest to ask either of these questions.

The stigma attached to mental health issues in Britain is staggering. One need look no further than the tragic case of Fiona Pilkington and her daughter to see the prejudice still alive. People with depression and other psychiatric illnesses face prejudices that bear little resemblance to the realities of their conditions.

In asking the Prime Minister that question, Marr continued to propagate a series of stereotypes about mental health. Properly prescribed and used, anti-depressant and anti-psychotic medication can allow patients to live normal lives. By asking the question, he ensured the rumour gained more publicity and apparent credibility, in the manner of a “have you stopped beating your wife” question. This is straight out of the Damian McBride playbook. The implication of the question was that all users of anti-depressants are perforce unfit for public office, ignoring the contributions of the bipolar Winston Churchill and depressive former Norwegian Prime Minister Kjell Magne Bondevik.

Use of MAOI anti-depressants is essentially a private matter and may only be of public interest if there is clear evidence that their use seriously impairs the conduct of a public official. At best the evidence is tenuous that Brown is on anti-depressants, and even more flimsy that these have an impact on his behaviour where it matters. Yes, Brown may have depression, yes, he may be taking MAOIs, yes, he may be unfit to govern as a result. But quite equally he may not. We simply do not have the evidence to suggest that he is. Given the cultural hostility to mental illness in this country, he should therefore have been given the benefit of the doubt. It may be frustrating, but it is vastly preferable to a society where accusation automatically assumes guilt.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 2 comments }

Simon Schama:

It is the great glory of the project inaugurated by Thucydides that it endeavoured to disentangle fact from fable and to make history the instrument of honest self-criticism rather than idle self-congratulation. Thus sternly conceived, it was to be the torment of despotisms. This was something fresh and breathtaking in the world, the conviction that the authority of history based on an unflinching scrutiny of evidence would always prevail over fantasies derived from claims of revelation.

H/T: Normblog

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 0 comments }

At War with the Truth

September 25, 2009

in War

Michael Yon encounters the incompetence of British military-media relations:

Media Ops people—who do not leave their base or go on missions—who are spooling out “the message” to the media. They are clueless about the state of the war in Afghanistan. For instance, many of the Media Ops officers will insist that we have enough helicopters in Afghanistan. Those officers are either completely oblivious to the actuality of the situation or lying.

General Petraeus told me straight up that we don’t have enough and that we doubled our helicopters in the last four months and are in the process of fielding “two more fistfuls.” (He did not give specific numbers.) Those BS-filled officers who deny the obvious are, in fact, symptomatic to why we are losing the war.

He offers an insight into the myopic folly of this behaviour:

There is the maxim that a customer can judge the cleanliness of a restaurant’s kitchen by the restroom. After much experience in Iraq and Afghanistan, I have discovered another: Soldiers always treat correspondents they way they treat the local people. When soldiers treat correspondents badly, they treat local people even worse and are creating enemies. Those troops who brag about how they mistreat or detest correspondents are abusing and resentful of the local population, and they cannot win this sort of war. The people will kill them and the media will bash them and they will blame the people and the media. When a soldier alienates sympathetic correspondents, he has no real chance against mortal enemies such as the Taliban and al Qaeda, and they will defeat him. Yet there is subtlety: for “the people,” in the case of Media Ops, is you.

The Major doesn’t deal with Afghans. Afghans are not his target and it is not correspondents who are being denied access. YOU are being denied access. YOU are resented and deceived, and people like Minister of Defence, Bob Ainsworth, wish to separate realities from readers.

There are some media operations people in the armed forces who understand this, and do a sterling job. I have several media ops contacts who are nothing but candid and helpful. There is, however, an institutional bias towards censorship and spin rather than accuracy within the government. Truth is not just to be the first casualty of the war, but a hostile target to be terminated with extreme prejudice. Servicemen are unduly censored in a way that completely undermines the proper prosecution of the war.

Military-media relations was something I covered in a decent amount of detail as part of my degree. The attitude that a western liberal democracy can hope to censor its way out of an insurgency is utterly ludicrous. It offers no advantage with either the enemy or on the domestic front. Failure to be candid with the public about the failings and pitfalls of the war does far more damage than honesty ever could.

Bad stories cannot be censored because the technology and political culture exists to ensure that they get disseminated. Those who understand this, like US Lieutenant-General Wililiam Caldwell, realise that the question is not about whether or not a story comes out, but how that story is perceived. To do that effectively you have to be the first to “tell the story”. Shutting down authoritative reporting undermines that, and the very act of censorship, itself at odds with a war ostensibly fought in the defence of western values, only compounds the problem. Censorship on matters without a direct effect on operational security is simply counter-productive. Nonetheless it is easy for a risk-averse major who is more interested in brown-nosing than actually standing up for what’s right.

This is not some idealistic flight of fancy; censorship demonstrably damages our ability to win the war in Afghanistan at the political, strategic and operational levels. Operationally it promotes a mentality where difficulties and problems are explained away rather than properly addressed. Take the helicopter shortage: rather than being an operational concern, it is recast as simply a piece of adverse media, to be dealt with like any other piece of hostile fire. The policy response becomes one of deceiving the public about the number, capabilities and necessity of transport helicopters in Afghanistan. Failures simply become a matter of perception, regardless of the fact that they will result in us losing the war. The worrying thing is that if we are defeated, these people will simply shift the blame onto those who got justifiably angry at not resourcing a war properly, rather than those who thought you could fight a war on the cheap. It feeds the delusions of ministers who think they can avoid making hard decisions. Censorship prevents the addressing of operational problems.

On the political level it has an adverse effect on both populations engaged in the conflict. As Michael Yon points out, the Afghans are not the only people NATO needs to convince of its intentions and capabilities. When insurgents want to undermine support for the ISAF mission, they do so with both these audiences in mind. What they do is go for what is termed the “say-do gap”, i.e. the difference between our rhetoric and our actions. If we say we are in Afghanistan to promote democratic values, then acquiesce in ‘Hamid Karzai’s stolen election through political cowardice, then there is a significant gap through which the Taliban may drive a wedge. It undermines Afghan support for ISAF by undermining their claims of democratisation and showing them to be simply backing another set of warlords, and undermines western support by undermining our confidence in the moral case for our mission. This is one example, but there are many others, Abu Ghraib being a particularly prominent one in the fiasco days of Iraq. Censorship beyond that of operational security becomes problematic here in that, with the almost inevitability that the story will get out, it simply smacks of a cover-up. The say-do gap is further widened by our own actions.

Faced with this situation, we are in fact fighting with our hands tied behind our backs. The Taliban lie, exaggerate and manipulate the media. So do we. The Taliban, however, are better at the game than we are; it plays to their strengths as a supposedly-indigenous insurgency. We should not be fighting on their terms, but opt for those that play to our strengths. In other words, we should be fighting in a manner compatible with both our values and technology. We can beat the Taliban in both openness and speed of publication if we relax a degree of the hierarchical control of the media that the British military is used to. Our aim has to be to get our story out first, and make sure that we are more candid than our opponents are. That will, naturally, present difficulties, but they must be honestly addressed if we are to succeed. Truth must be our weapon, not theirs.

Competent senior officers are aware that this is not an effective way of fighting. Admiral Michael Mullen, US Chairman of the Joint Chiefs of Staff, recently wrote a paper lambasting the view of some in “strategic communications” that media management can simply be used like a conventional weapon, sending out the PR men to clear up after any mess. Although his article owes a decent amount to DoD politics in the US, his criticisms do hold true for those in British defence media operations who think that they can simply spin away bad publicity.

If we want to succeed, we have to be honest. We cannot hope to win a two-front war against both the Taliban and the truth. We should co-opt the latter to our side before we even think about talking to the former.

  • Facebook
  • Twitter
  • Digg
  • Reddit
  • StumbleUpon
  • NewsVine
  • Wikio
  • TwitThis
  • PDF
  • Print
  • email

{ 0 comments }