Showing posts with label society/culture. Show all posts
Showing posts with label society/culture. Show all posts

Monday, May 25, 2015

Equal Marriage is a Feminist Victory

For those of us who remember the power of the Catholic Church in Ireland before the last 20 years, the Yes vote for equal marriage can't be anything but astonishing.

In a secularising society accustomed to a slew of Church scandals, it's hard to remember how unusual it was a generation ago for anyone Irish not to go to mass. The country was effectively a theocracy, with Church representatives checking on you from the highest levels of government to your own living room.

Whereas now, the referendum emboldens LGBTQ status in Ireland. It helps make homophobia the thing to be ashamed of rather than homosexuality. In a generation's time, when most people have had out LGBTQ people running their pubs, on their board of school governors or whatever, people will be incredulous that it was ever criminalised.

It's a reaction already to be found among young adults in England, where homosexuality was decriminalised a generation earlier. It was still criminal in Ireland until 1993, a mere 22 years before Friday's equal marriage vote.

Complaints from the No campaign that they lost because Yes was well funded are risible. You guys have the backing of the Catholic fucking church. You are never in need of a fiver until Friday. This wasn't about publicity campaigns. This is about a huge change in social values far beyond marriage.

MORE THAN MARRIAGE

'We're getting married because we love each other' is a non-sequitur. What is romantic about saying 'I want you to sign a contract with the state so if you ever leave me it'll be an expensive process involving lawyers and stuff'?
 

But nonetheless, the institution of marriage continues to have great social significance. To exclude any group is not just to ban them from marriage, it demonstrates and entrenches the fact that they are not allowed autonomy or equality. So, even for those who don't merely choose not to get married but actively oppose it, the advent of equal marriage is something to be welcomed.

I fucking hate Fleetwood Mac. Their mogadon music is a waste of ears. But I wouldn't ban their gigs, and if there were laws preventing non-whites from going to Fleetwood Mac gigs then, even though it reduced the number of people hearing that execrable twaddle, we should oppose such legislation. In the same way, even those who challenge marriage can support the Yes vote.

HOMOPHOBIA IS SEXIST

Musical comedian is a profession teeming with mediocrity. It is a real challenge to be anything more than a passing chuckle-raiser. Whilst Mitch Benn - perhaps best known for his songs on Radio 4's Now Show -  is consistently worthwhile and puts social comment into his material, it's still nonetheless a largely superficial trade.

But social media changes our understanding of public figures. For every Billy Bragg who disappoints with their conservatism, there is a Mitch Benn who's actually even better on Twitter than the stuff they get paid for. He's not only a savvy thinker but his comic training gives him the pithiness needed to make Twitter come alive.

His series of tweets on Saturday as Ireland counted its votes were frankly the most insightful thing I read all day.

It's amazing just HOW much of the misery in the world, on every scale from personal to international, is all about men's need to OWN women.

When you unpack most religions, that's what you find; the codification and justification of the ownership by men of women.

It's no good blaming "religion" for everything; they're all human inventions. We created our gods in our own image. WE did it to ourselves.

Oppressive religious rules aren't the work of cruel gods; men wrote the rules and invented cruel gods to blame them on.

And it's not just religious cultures; every society finds ways to justify misogyny, whether it's women's "vulnerability" or "emotionality".

This is why feminism might actually be the most important movement ever; breaking that ONE bad idea would solve so many problems.

I think a lot of homophobia's tied up with misogyny; the idea that a man who has sex with a man is feminising - ie DEGRADING - himself.

Anyway, fuck all that today. Go Ireland!

This idea - that once you act on feminism then the patriarchal religions and associated values like homophobia inevitably start to crumble - is startling, huge, and rings true. It points to the victories we are heading towards, it acknowledges that the equal marriage referendum is a key milestone on that road, but also says that rather than letting this victory make us sit back, it should spur us onward.

Monday, May 11, 2015

Bringing Englishness to the English

I usually love Paul Mason's stuff, he's both radical and reasonable, credible enough to be given a job on Newsnight and, latterly, Channel 4 News.

In the wake of the SNP's march on Westminster, he's written about the lack of an English identity beyond the things that connect it to the wider world. His failure to see anything in English culture beyond 'public schools and the officers class... the tennis club belt around London' is frankly baffling.

Billy Bragg picked him up on it on Twitter and Mason replied that he felt

northern, British and proletarian [rather] than English. It has no resonance for me.

There's something of an irony there as he's from the Wigan area. The 'northern' he identifies with is northern England. If you look at Britain instead, as Mason says he does, that area is central.

People in socially oppressed groups are forced to be conscious of that part of their identity. Those in the privileged groups often don't even see the existence of their group, let alone the myriad mechanisms of oppression it foists on the rest. To them, they inhabit an unbordered blank, normal space that lets them act as they wish. A lack of consciously seeing yourself as English is, in some ways, a very English trait.

Someone may not think about, say, their cis-maleness and so would say it isn't part of their identity, but it has provided the norms that they embody, the behaviours they use every day. They are granted treatment and opportunities denied to people of other gender identity. They're playing the computer game on the easiest difficulty setting.

The three things Mason cites aren't English, they're class based. He sees them as salient because he's from the lower classes who are disadvantaged. Those actually in the tennis club, public school officer class are as likely to think of themselves as 'just normal' as any other socially dominating group. Seems implausible from down here, doesn't it? But remember the time when David Cameron said his wife was unusual for not going to boarding school? That.

The fact that English people tend not to see their cultural identity is a measure of its long-standing, unchallenged superior social position. As our immediate neighbours move towards terms of equality, we will start to see ourselves with the kind of depth that they have always had. We will begin to understand what we've been. And that's a lot more than public schools and tennis clubs.

Sunday, May 10, 2015

Repealing Our Humanity


Six months ago it would have been quite a funny joke - if the Tories get a majority they'll repeal the Human Rights Act and replace it with a bill of rights drawn up by Michael Gove.

As axeman Education Secretary, Gove tore through at such a pace that by the time the opposition had mobilised his plans were all inked and in train. We can expect the same style in his new role as Justice Secretary. Already the Tories are making loud noises about prioritising their manifesto promise to repeal the Human Rights Act (except in Scotland) and having it in the forthcoming Queen's speech.

The tabloid press hate human rights because they protect us from the kind of breaches of privacy that make stories that editors salivate over.

Despite Tories, Ukippers and other right wingers using the blanket term 'Europe', the rights enshrined in the European Convention on Human Rights are nothing to do with the EU. Leaving the EU wouldn't affect our human rights at all.

It's part of being a member of the larger, older Council of Europe. It was formed by the Treaty of London in 1949 as part of the rebuilding of Europe after the war and the effort to create stable structures that prevented such legal state horrors from being perpetrated again.

Far from being something imposed on us from outside, the UK was the first country to ratify the ECHR after years of enthusiastic input from someone who features on Tory and UKIP leaflets to this day.

Then there is the question of human rights… We attach great importance to this… we hope that a European Court might be set up, before which cases of the violation of rights in our own body of twelve nations might be brought to the judgement of the civilized world.

- Winston Churchill, Consultative Assembly of the Council of Europe, 17 August 1949

The court came ten years later, in Strasbourg. It cost a lot of money to bring a case there. But in 1998 Labour brought in the Human Rights Act, which made the Convention enforceable in UK courts (and obliged government to ensure new legislation is compatible with the ECHR).

Repealing the Act doesn't actually remove our rights. It means that once again, you'll have to have the greater levels of time and money required to take a case to Strasbourg. So human rights will only effectively exist for the rich. The rest of us become not human, the rest of us become untermensch.

Thursday, September 18, 2014

Independence Day



With any argument against Scottish independence, the simple test is to apply it to Ireland. 

Did Irish independence betray the internationalist ideal? Did Ireland manage OK with shared currency? Would it be better for Ireland if they'd stayed in the UK? Did we 'turn neighbours into foreigners'? Even UKIP don't mind Irish immigrants, calling them 'our kith and kin' earlier this year.

So it's a rich irony having an Irish UK resident like Bob Geldof calling for a No vote. In fact it's weird that Obama is too, unless both go back to their home countries and advocate rejoining Britain.

A Yes vote won't create a new border. That border is already there for many issues. It will increase its strength, but that isn't exclusionary. A country where, backed by a significant proportion of the population, the leader openly calls for greater immigration is not a place with those issues. Compare that with the main UK parties.

If we want to consider xenophobia and exclusion, imagine this: the Tories lose the next election, Cameron's out and they install a Eurosceptic. A deal is struck not to compete with UKIP. This coalition wins in 2020. Even without this nightmare scenario, if the tories win we're promised an in-out referendum on the EU. It's quite possible that in five or ten years the UK could be out of the EU whilst an independent Scotland is in.

The Labour Party talking about how Scottish independence is a bad thing because it puts up borders between people. That's the same Labour Party whose 2010 manifesto had a 'Crime & Immigration' section, like the two things belong together. The same Labour Party who sent a Home Secretary to help out nicking stowaway immigrants at Dover to show how tough they are on foreigners.

Gordon Brown says voting No is the only way to save the NHS. This is the same Gordon Brown, chancellor who presided over the marketisation of the NHS and the introduction of Private Finance Initiative where we pay private companies several times the cost of a school or hospital before we're allowed to pay any staff. PFI is credit spree timebomb, getting new buildings today by promising tomorrow's budgets.

The Labour Party, who only survive by saying "vote for us to keep the Tories out", are telling people in Scotland to vote against permanently keeping the Tories out.

A Yes vote is a vote for Scottish nationalism, but a No vote is for British nationalism. I know which one I'm more uncomfortable with. As Billy Bragg said on Tuesday

the most frustrating aspect of the debate on Scottish independence has been the failure of the English left to recognise that there is more than one type of nationalism. People who can explain in minute detail the many forms of socialism on offer at any demo or conference seem incapable of differentiating when it comes to nationalists


It's not just that both votes are nationalists, but of different kinds. It's that one of them is imperialist. Not only do most No arguments apply to Ireland, a large proportion apply to any country going independent from the British Empire. It's no surprise that a country that's consistently voted against Tories yet been ruled by them most of my lifetime feels like it's under imperial rule.

Imagine if you could have one vote on one day and banish Tory rule forever (and no, it won't mean the rUK gets permanent Tories). Anyone with compassion could only give one possible answer.

Tuesday, June 17, 2014

A Nation of Obscene Publishers

Not like me to be writing in defence of a police officer, admittedly, but it's justice I'm interested in, not bigotry.

PC James Addison from the Diplomatic Protection Group shared 'extreme porn' with colleagues via Whatsapp on his phone, and last month he was convicted under the Obscene Publications Act and fined £6,000. He's also bound to lose his job.

The images

included bizarre sex acts and scenes showing defecation


Thing is, it appears to be another case of using this law to prosecute people for sharing pictures and footage of acts that are not in themselves illegal. District Judge Howard Riddle told Addison

The situation would be very different indeed if this involved children and similarly if there had been involvement of animals. I sentence you on the basis that there were no obviously unwilling participants in the films.

The images may not be to your taste. You may find them objectionable, you might even think they're morally questionable. But to treat them as illegal is another matter. If an image is of something foul but legal, it is nonsense to make it illegal - surely any judgement is about what's going on. We should be judging the picture rather than blaming the person who makes a frame for it.

THE GHOSTS OF THE PRE-ONLINE

The very concept of obscenity in the 1959 Act is anachronistic. It defines its target as material whose effect

if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

The internet has familiarised us all with unusual sexual practices. Many of us have found new things we really like to see and do. Most of us have discovered that, after a flicker of novelty evaporates, we find the majority of niche sexuality pretty boring. Whichever way we jump, if knowledge of this stuff was going to deprave and corrupt us, it would have done so by now.

Additionally, in 1959 'publication' meant something rather different to sharing something with someone individually via phone. In 1950s terms, what Addison did is more akin to showing you a picture in a magazine than publishing and selling it. But the Act allows for a single instance of sending an item to one person to count, without any commercial element. A solitary text could get you up to five years in prison and a spell on the Sex Offenders Register.

We've run into this technological rejigging of definitions on social media time and again. If it's said on Twitter, it's no different to shouting it in the street. As such, it's right that racist tweeters get bollocked. But Addison's sending things to a few friends, all of whom had given him their phone number and none of whom appear to have complained, is not the same thing.

Also, verbal or printed racist abuse is a crime so it follows that it is still a crime sent by text or tweet. Whereas consensual sex acts between adults, even if unusual, are not a crime so it is bizarre to make depiction and knowledge of them illegal. If you went through everyone's phone and computer, a significant proportion of people would be ripe for similar charges. So why pick on James Addison?

WHAT'S IT ALL ABOUT?

The images were found on his phone during the investigation into the Plebgate affair involving former government chief whip Andrew Mitchell and DPG officers at the gates of Downing Street, the court heard.

Aha. The government have been happy to blithely bat away outcries over a slew of indefensible police actions in recent years, as long as the victim is a Brazilian immigrant or a Millwall-supporting newspaper vendor. But at Plebgate they got a personal taste of what police do to people they don't like, and the government came out fighting.

A week after Addison was convicted, the Home Secretary stunned the Police Federation conference saying that if they didn't accept a list of dozens of reforms that cut back the body's power, then it would be forced on them by Parliament.

Could this same intense desire to take down the police around Plebgate be behind the decision to charge Addison?

HAVEN'T WE HAD ENOUGH ALREADY?

The Obscene Publications Act should have keeled over and died in 1960 after Penguin Books were acquitted in the Lady Chatterley trial. It certainly should've been binned off two years ago when Michael Peacock walked free from court.

Peacock made made DVDs of legal, consensual sex and sold them. Personally, I don't want to see someone having their inflated scrotum pummelled, but if you do then as long as the pummellee is a willing participant, go right ahead.

As Johnnie Marbles said at the time,

Michael Peacock has been severely punished for not committing a crime. The vagaries of the process itself – the soul-churning moment of arrest, the months of worry that followed, the endless meetings with lawyers... These are standard ways the process punishes people, but in Peacock’s case they were coupled with revelations about his private life which must have been excruciating. Even the most vanilla of you probably wouldn’t want your mum hearing every detail of what you do in bed, particularly not if you were telling her from the dock. 

But Peacock made a stand. He was the first person charged for this sort of material to plead not guilty. He argued that his DVDs were sought out by adults wanting exactly that material. The jury agreed and acquitted him. That really should've been the end of a law whose purpose isn't to deal with any damage caused, merely to pass moral judgement.

The legislation that made homosexuality illegal prior to 1967, and kept it decriminalised but not fully legal until 2003, was nicknamed 'the blackmailers charter'. It took otherwise law-abiding citizens and criminalised them for something that did no harm to others but would nonetheless ruin the lives of all concerned if made public. It not only led to blackmail but also to police making 'soft arrests'; raiding a gay venue and nicking punters knowing that they'll all plead guilty to avoid the publicity of a trial.

By the same token, the Obscene Publications Act threatens us with unwanted exposure. In an age where we all count as publishers, the Obscene Publications Act is a vengeant dirty tricksters' charter.

Tuesday, June 10, 2014

Rik Mayall

The passing of Rik Mayall is to be mourned. He was in so many great things and, given that we're now ruled by a bunch of Alan B'Stards, his talent certainly hasn't lost its relevance. But it is the more slapstick element of his work that deservedly gets remembered best.

It's hard to convey just how genuinely anarchic the Young Ones was at the time. We still lived in a land where telly was saturated with that accent - surely the only one on Earth not based on geography - that you only really hear on the Queen these days. It was years before the likes of Viz appeared. Even the cutting edge, bubble-popping satire like Not The Nine O Clock News seemed like it was talking about the right values but in that same cosy way as everything else. No use to you if you were growing up in a northern town nobody had ever heard of.

The Young Ones didn't politely ask for anything, they took a space and fizzed with a wild energy that was at once intelligent and puerile. It wasn't just funny, it was recognisable. It was the only thing apart from music that was allowed on telly that said 'don't let them fool you into being boring, you really can stay yourself'.

This gag about the people's poet being dead has an extra resonance on this sad day. But it also tells us an eternal truth - every joke should end with the teller vigorously shitting themselves.


Tuesday, December 24, 2013

Too Late For Turing But Not For Those Who Follow

After some years of campaigning, a posthumous Royal Pardon has been issued to Alan Turing. He was a genius mathematician whose work broke the Nazi Enigma codes and shortened the second world war. He laid the ground for all of modern computing. Without him, you wouldn't have the computer you're reading this on.

He was also gay and after conviction for consensual adult sex he was forced to have brutal hormone treatment. He also lost his security clearance to work on the government projects that were frankly the only things big enough to use his astonishing abilities. He died after eating an apple laced with cyanide, aged just 41.

It is peculiar to give him a pardon, which is usually issued when there is evidence that the person was wrongfully convicted. Turing most certainly did commit his crimes. It is also odd that the government is starting to play a zero-sum game, that if you do cool enough work for the state it'll let you off some sex offences in return.

But something really is different here, not about Turing but about the criminalisation of homosexuality. Turing is not the first to be absolved. One of the very few great things the Con-Dem government has done is allow men convicted of consensual adult gay sex to have their convictions wiped. Thousands of men have had their lives stymied by being branded sex offender for doing things that are now their protected legal right, and since October last year they can get the records erased.

The Protection of Freedoms Act 2012 requires the convicted man to apply, rather than proactively trawling the files for convictions to nullify, but even so it's astonishing. I cannot think of another law that, once repealed, gave retrospective pardon to its victims. The rule of law and the principle of obedience are usually regarded as paramount.

So giving Turing a pardon is anomalous, and the trade-off aspect is morally questionable. What happened to him was no more despicable or outrageous than what happened to tens of thousands of other men. Persecution is not tolerable if it only happens to us non-geniuses. But the pardon is actually in keeping with a wider legal framework that reflects a society's growing horror at what was done so recently.

Turing is dead; for those personally affected it is merely symbolic. But it cements the changes that have happened, builds an obstacle to backsliding, and adds conscious momentum to the continuing process of liberation, and for that it is to be welcomed.

Monday, July 15, 2013

from one zimmerman to another

More than quarter of a million people were massed in front of the Lincoln Memorial on August 28 1963 when Martin Luther King made his I Have A Dream speech. On the same day, less than a hundred miles away, Billy Zantzinger was in court to be sentenced.

Zantzinger was, at 24, the owner of a large tobacco farm inherited from his parents. In February he had put on his top hat, white tie and tails to attend a charity ball. Excessively drunk by 1.30am - he plausibly claimed he has no memory of it - he chided a member of the serving staff, Hattie Carroll, for not bringing his drink quickly. "I'm hurrying as fast as I can," replied Carroll. Zantzinger declared, "I don't have to take that kind of shit off a n*****," and struck Carroll with his cane on the shoulder and again on the head. She collapsed soon after and died of a brain haemorrhage.

The next morning Zantzinger, already under arrest for other assaults on staff that night, was charged with homicide. This was later reduced to manslaughter, of which he was convicted. Aware that a long sentence would send him to state prison with its large population of long-term black convicts, judges gave him just six months, to be served in the relative security of Washington County Jail.

Imagine if Carroll had killed Zantzinger on a racist whim instead. Fifty years on, give or take a month, and we have the same knowledge of how things would have been different if Trayvon Martin had chased and killed George Zimmerman.

Even in cosmopolitan 2013, it is simple to show that black men get aggressively challenged and have the police called for things that white men are permitted to do, and white women get actively helped with.



Less than two months after Zantzinger's sentence, Bob Dylan - real name Robert Zimmerman - was in the studio recording his third album The Times They Are A Changin. With just his guitar and harmonica, he simply told the story of the two individuals' lives, knowing it was a a microcosm of racial differences across America. He sang of how Carroll spent her working life cleaning up after the white folks and was never their equal, and of Zantzinger's casual violence on the night and fierce sense of entitlement even after arrest.

Each verse ends with Dylan imploring us, saying that despite the injustice he's already reported the worst part is to come.

But you who philosophize disgrace and criticize all fears
Take the rag away from your face
Now ain't the time for your tears

There will always be volatile bigots. The deeper problem is in the attitudes among the mass of people. It is in the way white society creates and reacts to the otherness of people from different backgrounds and even manages to instil those same attitudes in the people it abuses. And reflecting that, the problem extends into the way mainstream officialdom deters and punishes - or fails to - those violent bigots. That really is something that can change and yet we haven't done it.

In the final verse Dylan haltingly tells of that six month sentence.

In the courtroom of honor, the judge pounded his gavel
To show that all's equal and that the courts are on the level
And that the strings in the books ain't pulled and persuaded
And that even the nobles get properly handled
Once that the cops have chased after and caught 'em
And that ladder of law has no top and no bottom
Stared at the person who killed for no reason
Who just happened to be feelin' that way without warnin'
And he spoke through his cloak, most deep and distinguished
And handed out strongly, for penalty and repentance
William Zanzinger with a six-month sentence

But you who philosophize disgrace and criticize all fears
Bury the rag deep in your face
For now's the time for your tears




Gary Younge's anger well expresses the outrage at George Zimmerman's acquittal, but his headline says Open season on black boys after a verdict like this, implying a change. That open season was declared long before we were born.

Wednesday, February 06, 2013

equal marriage

I've never understood marriage, unless it's for tax or citizenship reasons. Maybe I'm just not romantic, but I've never been moved to say, "I love you so much that I want to make a contract with the state to ensure that leaving me is an expensive process involving lawyers".

Though I don't want it for me, that's my choice. Ringfencing it, or anything, exclusively for heterosexuality is an injustice to be fought. I think less people should eat at McDonald's but if they had a whites-only policy I'd join the fight against it.

At a time when 'gay' is still a common term to mean pathetic or inept, it is clear we have not reached a point of equality. So the overwhelming parliamentary vote in favour of gay marriage seems almost bizarre to me. I find it hard to take in such colossal progressive support from so reactionary an institution as the House of Commons. But it's also about the pace of change. It's dizzying, confusing and gratifying to realise I'm just not up to speed.

The country I was born into had men in jail simply for being gay. In the early 1970s people would be stopped in the street by police and forced to remove their 'glad to be gay' badges. Those who came out would be called 'self-confessed gays', like murderers or rapists. Around this time the UK had its first Pride marches. They were not the corporate-branded extravaganzas of today, but a few hundred people being jeered by the excessive number of police sent to escort them.

In the 1980s the official response to AIDS was to ignore it and let gay people die, until it appeared to be a threat to the rest of the population. Then the homophobia went into overdrive. Tabloids routinely referred to it as 'the gay plague'. The government passed laws to prevent teachers from depicting gay relationships as equal to straight. Libraries withdrew gay books. Gay newspapers had their offices firebombed and it was defended in parliament with a Tory MP saying, 'it is quite right that there should be an intolerance of evil'. As late as 1989 the Sun said that it was impossible to get AIDS through heterosexual sex and anything else was 'homosexual propaganda'.

A world in which a major rugby player would be out and able to get married to another man was ludicrously unthinkable. So far, so fast.

SING IF YOU'RE GLAD TO BE GAY

In the mid 1970s a then-unknown gay activist called Tom Robinson wrote a song called Glad To Be Gay. Two years later, and by then the first out and proud rock star, he released it as a single. Despite radio stations refusing to play it, it got in the top 20. Over the years Robinson rewrote the lyrics to keep them current. It was the protest that mattered to him, not the art.

I thought that was an interesting creative challenge. But these days the various versions of the song have a historic job to do as well. They are a snapshot from every couple of years through a period of extraordinary social change on the issue.

As a generation come of age who struggle with the idea that homosexuality was ever illegal, who have never heard of Clause 28 or the Spanner trial, it is important to remember what was done. It is not just about gay rights, it is also a stark lesson that society at every level can discriminate against whole groups but it doesn't make it right. So I did a website of all the versions of Glad To Be Gay, explaining the references.

The very first version of the song talked of Peter Wells, a man who, in 1974, was 26 but his boyfriend was 18. The age of sexual consent was 16 for straights but 21 for gay men. Had Wells fallen for a woman it would have been socially lauded and they would have been able to marry. But it was another man, so he got two and a half years in jail. There he was beaten and abused by inmates and guards alike, even before his conviction. He spent the last year of incarceration in solitary confinement.

But whilst inside he launched a case at the European Court of Human Rights, saying that the different age of consent was discrimination. He did not win but, as with so many political campaigns that fail, it laid the foundations for those who came after to succeed. In the late 1990s a young man called Euan Sutherland brought another case, citing Wells' work. He won and the UK was forced to equalise the age of consent.

Peter Wells did not live to see it. He died in violent circumstances in 1979, aged 31. Brought up in borstal institutions, imprisoned for being gay, he was the victim of a swathe of brutality and alienation that we have succeeded in rolling back. I've researched and written a biography of him that will be published soon.

Today, Peter would be five weeks into his retirement. Those of us who celebrate last night's progressive landmark owe him, and so many others like him, thanks. As Owen Jones reminds us, we must remember that this hasn't come about through government benevolence but through the persistent campaigning of brave people.

Tuesday, January 29, 2013

21st century slavery in the uk

None of us like to think of ourselves as slave owners. It has become unsavoury to have house slaves so we squirrel them away out of sight in places like East Asian sweatshops. With the advent of workfare, it has come a step closer to home.

Unemployed people are forced to work for private companies to get work experience. Except that they are given the most basic unskilled work with no chance of an actual job. When their placement is up they are simply replaced.

Major retailers like Argos and Tesco didn't need to take on Christmas staff, the government simply sent them free workers. In return, the government gets to lower the unemployment figures as these jobless people do not count as unemployed. On many of the schemes, benefit claimants who refuse to participate get 'sanctioned' -  they have their benefits stopped for months, even years.

Whilst many of the deprivations that the government are subjecting its electorate to are Tory inventions, others are not. Workfare is a Labour initiative, and if you're one of the 90%+ of people who voted Tory, Labour, LibDem or UKIP, you gave it the mandate.

The negative connotations on the words 'forced labour' are shied away from. When it was announced in 2008 the Telegraph reported

the unemployed will be forced to undertake voluntary work including picking up litter and cleaning graffiti

Quite how anyone can be compelled to do a voluntary activity is not so much a matter for journalists and politicians, it's more a koan for zen masters. But this idea is persisting.

The government petitions website has produced several interesting results. The 100,000 signature threshold that triggers parliamentary debate has helped advance justice for Hillsborough. At 10,000 signatures the government has to respond. Their comments on the petition to end workfare are perplexing, yet illuminating.

We do not have Work for Your Benefit or Workfare schemes in this country. Workfare is an American term used to describe employment programmes which force all jobseekers to work at a certain point of their claim in order to continue to receive benefit...

Mandatory Work Activity gives extra support to a small number of Jobseeker’s Allowance claimants who would benefit from a short period of activity.

The minimum sanction period for someone refusing Mandatory Work Activity is three months, a 'third offence' gets three years. They hold your family hostage threatening to starve them if you don't comply.

The clue is in the name. If it is not forced labour, how is it Mandatory Work Activity? In denying what we are doing to the impoverished we signal our inner squeamishness. If we don't think forced labour is tolerable as an idea, we shouldn't try to mask it with a false name. Instead we should exclaim the outrage that our consciences know it to be.

Thursday, January 24, 2013

we live in a turnip republic

A senior United Nations official has slammed UK policing of protest, with especially scathing condemnation of the undercover police scandal.

The UN commissions human rights experts called Special Rapporteurs to investigate how countries comply with their human rights obligations. Maina Kiai, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, has been in the UK for a week.

Having met government officials, human rights organisations and those concerned with protest, yesterday he presented his preliminary findings, pending a full report in May.

He reserved his strongest words for the undercover police scandal - both the infiltration and the subsequent efforts by those responsible to avoid accountability and smother justice.

Speaking of the "trail of victims and survivors in its wake", and making a sideswipe at the judgement last week that took guidance from James Bond, he said

This is not a James Bond-type movie issue. I therefore call on the authorities to undertake a judge-led public inquiry into the Mark Kennedy matter, and other related cases, with a view to giving voice to victims, especially women, who were deliberately deceived by their own Government, and paving the way for reparations.

Kiai, a global expert on human rights, spoke unequivocally about the breaches involved.

It is a clear violation of basic rights protected under the Human Rights Act, and more generally under international law, such as the right to privacy.

But he is clear that this is not just about those directly affected. It is a grave matter of justice.

This is a national issue and I think it's important to the United Kingdom. Because of the trauma, because of the chilling effect that this has on association and freedom of assembly, that this be done publicly, in a public judge-led enquiry.


The state has, instead, been setting up a raft of tiny limited enquiries where the police pick one small aspect of the affair and investigate themselves. It is an approach widely derided by the victims, as activist/researcher Eveline Lubbers made plain in her open letter response to the police this week. Kiai is clear that such tactics are a whitewash and are an insult to those who want the truth, most especially those directly targeted.

There's been absolutely no regard, no attention given for the victims of this, and the victims are a lot of people. People have formed relationships, friendships, and I think that when the state is perpetuating that it's a public matter. I think that we should remember that there are victims in this, it is not a victimless issue... children were born, relationships happened. The British government has to take on their responsibilities.

The Home Office limply responded with their standard line.

The use of undercover officers remains an important investigative tool for the police in preventing and detecting serious and violent crime.

"Serious and violent crime"? Kiai's prepared statement did make the curious - well, clearly untrue - assertion that

The case of Mark Kennedy and other undercover officers is shocking as the groups in question were not engaged in criminal activities.

But answering questions at the press conference he clarified

Every police force needs a way of gathering intelligence, however that is reserved, and should be reserved, for serious criminal activities such as drug trafficking, anti-terror work. When you target a group that are involved in peaceful actions, many of which are lawful, and you do it as Mark Kennedy did, then there's a problem, as potentially the state is paying to infiltrate you for simply doing what you should be doing.


He pointed out that the government decided the phone hacking scandal warranted a full public inquiry, yet refuses to consider doing the same for this scandal that is of - at least - similar proportions. It is, as Jonathan Freedland said this week, the hacking of people's lives.

Kiai then moved on to compare the police's approach to dealing with other organisations that contain some criminal plotters.

Civil society exercising their rights must not be treated differently simply for doing so. Marks and Spencer or BAE don't have police spies sent in to look for white-collar crimes.

The police he met had engaged in open and frank discussions on all issues except this one, where he said he was confronted with "a wall of silence". He is plainly outraged at the reaction, and continued

You simply can't go ahead and pay people to go off and have relationships and families with people and then disappear. That to me is unacceptable - completely. That is what you see in a banana republic.

One case doesn't define the character of a nation's ruling culture. But given that the same tactics have been used to undermine a wide variety of campaigns, unions and pressure groups for decades, allied to the even wider response of state obstruction of justice familiar to us from Hillsborough, phone hacking, Stephen Lawrence and any other number of scandals, it doesn't feel like an exaggeration. Though in northern Europe we might more bioregionally be defined as a turnip republic.

AND ANOTHER THING

The "indiscriminate and disproportionate nature" of kettling was singled out as an assault on the right to protest, and despite the UK courts finding the practice is legal, on this too he was unequivocal.

I think there's absolutely no justification for kettling. If you need to keep people away, there are ways in which you can put people aside and move them out. Holding people for as long as we've seen here is wrong, and I think is a contravention of human rights law.

Kiai also - on the day the No Dash For Gas protesters who occupied a power station were charged with it - singled out the crime of Aggravated Trespass as "very problematic", criticised the use of anti-stalking injunctions being used by corporations to prevent protest, and attacked not just the practice of union blacklisting but the paltry sentences given to its perpetrators. A construction industry blacklister was given a £5000 fine whilst the clients - including most of the major firms - were let off with a warning.

I was appalled to hear about the existence of a blacklist of union members in the construction industry, with no sanctions allegedly taken against those who benefited from the list. It is crucial that strong actions be taken against the making and using of such lists as a deterrence.


His full report is due out in May. It will be interesting to see not only what it contains, but how the state defends itself against so august a critic.

Sunday, December 16, 2012

institutional corruption

A Metropolitan police officer says that black people aren't evolved and 'live in mud huts in Africa'. PC Kevin Hughes also told a black colleague that she was 'going home to cook bananas'. She was insulted and he was prosecuted. He told the court that it was 'upsetting' that anyone might think he was racist. The court found that actually he hadn't insulted anyone and acquitted him along with a colleague who had made similar comments.

It comes barely a month after another Metropolitan police officer was cleared of racist abuse after arresting a black man, strangling him, calling him a cunt and saying 'your problem is you'll always be a n*gger'. Mauro Demetrio managed to record the abuse on his phone, leading to a court case. PC Alex MacFarlane argued that he was trying to help Demetrio with low self-esteem. The court believed him.

If you're a well built white man with training in physical restraint, go out and try that on a young black man. Have it recorded so you can't deny it. See if you get cleared as well.

Police officers get acquittals or minimised sentences when the rest of us would be sent to jail. Judges often cite their record of service and their loss of career as mitigating factors. In fact they should be treated as exacerbating factors. They are in a position of authority, entrusted with special powers that require a higher standard of behaviour than the average citizen.

If a teacher uses racist insults against a pupil in their class it is worse than if it came from another child in the playground. By the same token, intimidation and coercion should be more unacceptable from the police officer whose every word is subtexted 'and you have to obey me because I can put you in a cell on a whim, and nobody will believe your word against mine'.

Yet the establishment identifies with them and pities them. A fortnight ago a New Jersey police officer was sentenced after the court heard he raped an informant. He admitted the assault and yet judge Thomas F Scully did not send him to jail, saying

You are not going to jail, as we traditionally know the concept of jail, today. But with many respects, given what your childhood dream was, you’re going to be in jail the rest of your life. You’re going to have to live with this the rest of your life.


It echoes the words of Justice Hooper who decided not to imprison the officers primarily responsible for the Hillsborough disaster even before the trial began. The Crown Prosecution Service had decided not to take action against David Duckenfield his deputy superintendent Bernard Murray, so the families of the victims brought a private proseuction. Judge Hooper was appointed even though he had been an advisor to the CPS about Hillsborough.

As the court convened Hooper declared he was

making it clear that the two defendants will not immediately lose their liberty should they be convicted.

He explained - smearing the justice campaign as a bunch of vigilantes and openly siding with the defendants - that

neither the defendants or members of their family have given evidence but I have no difficulty in inferring that they must be suffering a considerable amount of strain...

these two defendants, if sentenced to prison for the manslaughter of, in effect, 96 people would necessarily be at considerable risk of serious injury if not death at the hands of those who feel very strongly about Hillsborough.

By this logic, we shouldn't be sending anyone accused of paedophilia to jail.

Why is it that a ruined career and a presumed troubled conscience are enough punishment for a police officer yet not for anyone else who responsible for mass killing or rape?

The privilege given to those in power inevitably leads to a sense that they're entitled to that privilege. Others who are similarly entrusted will always give them the benefit of the doubt. This leads to impunity which leads in turn to widespread and casual abuse and violence.

So we don't just see this commonplace corruption with periodic cases of clearly racist and killer cops walking free, or Hillsborough's trial and two judge-led inquiries utterly failing. We also get the cynical protection of that privilege, from everyday false statements to horrific covers-ups, all of it persecuting those they were supposed to protect.

When South Yorkshire police were accused of the responsibility and cover up for Hillsborough, they were investigated by West Midlands police. Their objectivity can be judged by the way the lead officer told witnesses to say they had seen Liverpool fans forcing their way in to the stadium. When the witnesses insisted that was not true their interviewing officers threatened them, alleged they hadn't even been at Hillsborough, and marked their statement 'witnessed unauthorised entry' anyway.

And in an echo of last month's New Jersey case, another West Midlands Hillsborough investigator used his position to sexually harass a traumatised survivor, grabbing her and saying 'my wife will never know'. She felt unable to accuse a man of such authority until this year.

The spread of corruption to the rest of the establishment is underlined by other contemporaneous West Midlands police activities. Their Serious Crime Squad tortured and framed suspects and was disbanded for corruption. Dozens of convictions have been subsequently quashed. We know who those officers are and where they live, we are still paying their pensions. Yet not one of them has faced any charges, let alone a conviction.

This week's report into the killing of Pat Finucane was dismissed as a whitewash by the family. Whilst I don't doubt their position, nonetheless the report has the British government clearly admitting that a civilian lawyer was murdered by loyalist terrorists with the help of British police, who also gave identifying details to enable other murders.

Again, don't try this at home. What would happen if you went and provided key information to people planning a string of assassinations? And yet will any officers see the inside of a jail cell for collusion in the murder of Pat Finucane?

Today we have the newly elected Police and Crime Commissioner for the Northumbria area, Vera Baird, saying that as a barrister during the miners strike she saw swathes of

invented allegations, copied notebooks and allegations from officers that weren't even at the scene

You can count the number of convicted officers on the fingers of one leg. 

How many examples do we need before it is generally accepted that this is institutional corruption underpinned by a supportive network of judiciary, government and other arms of state? 

The root problem is the concentration of power. This is why devolving and decentralising are preferable, but wherever power occurs it needs proportionally increased accountability to, and greater scrutiny by, those it purports to serve. Yet self-serving denials are their response because they see their main task as maintaining their power. 

Eveline Lubbers' book Secret Manoeuvres in the Dark recounts how, in the aftermath of the McLibel case, a Freedom of Information request was lodged asking for Special Branch records on people with alleged affiliations to London Greenpeace. The police information manager responded in October 2006, readily admitting that records existed and it 'would contribute to the quality and accuracy of public debate' to release them. However they refused to do it as it was 'not in the public interest'.

They explained – and get ready to have to read this twice to believe it - 'The Public Interest is not what interests the public, but what will be of greater good if released to the community as a whole.' Disclosure is not in the public interest because it could 'undermine their goodwill and confidence in the Metropolitan Police and could result in a lack of engagement with the MPS' and may 'endanger the health and safety of our officers'. 

In other words, if you really knew what we were doing to you, you'd lynch us.

Tuesday, August 07, 2012

legal sex is a sexcrime

A couple of years ago I interviewed Tom Robinson about his 1976 song Glad To Be Gay. He told me of the police repression being meted out to gay men in London at the time he composed it.

Outrageous shit was going on. There were Surrey bankers dressed up in leather getting handcuffed and kicked in the backs of Black Marias, who’d then plead guilty to causing an affray so as not to cause a fuss and get their face in their local paper back home. Running in a gay man on trumped-up charges was apparently known as a ‘soft’ arrest – they could be pretty sure of a conviction and no trouble afterwards.

Fast forward a generation and, whilst being gay drew less state opprobrium, it was only if you kept it to yourself, were in private and not kinky. In the early 1990s £3m was spent on Operation Spanner, investigating and prosecuting a group of sixteen gay men for having pretty extreme BDSM sex. It had all happened in private, it was all consensual, nobody had complained of any injuries, or of anything else for that matter.

The judge ruled that consent was not a defence, therefore the men had assaulted one another and they were found guilty. He handed down sentences of up to four and a half years. Lives were ruined.

We can now jump the same timespan again and, with all the legal and social changes in the status of non-heterosexuals, you might have thought pointless persecution was over. But last year Michael Peacock was prosecuted under the Obscene Publications Act for making DVDs of extreme gay sex.

None of the acts were illegal but like a fussy old aunt from the 1950s the Obscene Publications Act says, 'I don't mind them doing it but I don't want them to talk about it in front of me'. It is making material likely to 'corrupt and deprave' that is illegal, even if what it shows is not illegal in itself.

As Johnnie Marbles said at the time

the men were shoving their hands up each others arses, pissing in each others mouths and using each others inflated balls as punching bags, and having a brilliant time doing it.

I’ll happily admit that the detailed descriptions of these acts, tweeted from the courtroom, made me feel squeamish on several occasions. But so what? Each time I so much as hear about X Factor I’m overcome with a deep, nauseous sense of despair, but for some reason I can’t fathom, nobody ever suggests banning it. Which is odd as, if you live in Britain with functioning eyes, you’re pretty much forced to know about X Factor, but anal fisting mostly keeps itself to itself.

If men were having their urethras dilated on the cover of More magazine, or the screams of men having their bollocks electrocuted was Christmas number one, I might understand the prosecution. Instead, Simon Cowell’s abomination (the show’s pre-production title) assaults me at every turn, while my first knowledge of Michael Peacock’s sex life came from his trial.

These kinds of prosecutions have been going on all the time as a modern equivalent of the 70s soft arrests Robinson talked about, the charges themselves serve the required purpose irrespective of the verdict, as Marbles astutely pointed out.

Michael Peacock has been severely punished for not committing a crime. The vagaries of the process itself – the soul-churning moment of arrest, the months of worry that followed, the endless meetings with lawyers... These are standard ways the process punishes people, but in Peacock’s case they were coupled with revelations about his private life which must have been excruciating. Even the most vanilla of you probably wouldn’t want your mum hearing every detail of what you do in bed, particularly not if you were telling her from the dock

They know you're likely to plead guilty and keep your head down. But Michael Peacock was the first person to plead not guilty for this kind of stuff and go for trial by jury and win.

His acquittal should have been a death sentence for such intrusive prosecutions that are nothing more than prudishness with a nasty seam of homophobia.

But there are people in the police and CPS who specialise in this stuff. They'd be out of a job if we let consenting adults do what they want with their own bodies in private. Having had Michael Peacock's smackdown for the Obscene Publications Act, the state has rummaged through the statutes laws and hit back with the Criminal Justice and Immigration Act 2008.

It's a law from the last Labour government. Section 63 outlaws the possession of images depicting sexual violence, carrying a sentence of up to three years imprisonment. The definition is a sexual image that shows – or realistically appears to show – something that threatens a person’s life, or is likely to result in serious injury to a person’s anus, breasts or genitals. As the whole point of much BDSM is to play out extreme roles, photos of it could certainly appear to show such violence.

Home Office minister Vernon Coaker explained at the time

the vast majority of people find these forms of violent and extreme pornography deeply abhorrent

In other words, if most people don’t like doing it then we should jail those that do it. The Act inconsistently failed to recriminalise homosexual acts or ban the eating of brussel sprouts, even though most people don’t like doing these things.

As it makes crimes out of things that aren't a crime, it was only a matter of time before the law was used against consenting adults for filming acts that are not in themselves illegal. That time has come.

Simon Walsh must have seemed like a soft target. Just as 1950s blackmailers would approach prominent men with secret gay lives, just as 1970s police would arrest those Surrey bankers in gay bars, so a contemporary gay barrister with what he himself calls 'a strange sex life' is ripe for the nicking.

If you're wondering why he was targeted by police, consider the fact that he was a barrister who prosecuted police officers accused of disciplinary offences. Let that be a warning to anyone who wants to challenge police corruption.

Walsh's lawyer Myles Jackman has blogged a clear rundown of the charges and legal aspects of the case. No pornography was found on any of Walsh's work computers. No pornography was found on his home computers either. Police had to go into a Hotmail account that Walsh used for his sexual activities, looking for anything to charge him for. Initially this included a picture of a man in a gas mask, supossedly illegal on the grounds that such a breathing aid might actually might cause death by asphyxiation.

As Heresiarch's Dungeon describes, Walsh did not make DVDs or websites. There is one picture sent to him of a young man who, the prosecution allege, may be under 18. It is not clear if Walsh even saw that picture.

Apart from that solitary contested image, we're talking about consenting adults photographing themselves committing legal acts, then sharing the pictures amongst themselves them and keeping them in a way that nobody else has access to. What proportion of the adult population do you think that could apply to?

For this, Walsh has had his career demolished and is currently on trial. He is being splashed across the press including allegations of paedophilia in - of course - the Daily Mail. As with Michael Peacock, even if he is acquitted he has been almost as severely punished as if he were found guilty.

Rather like Robert Stewart, convicted for masturbating alone in his locked bedroom with a bicycle, the law is used to punish people whose sexual tastes don't conform to what we are told is normal.

But, as the internet era has proven, exclusively normal sexual tastes are actually so rare that they constitute a kind of deviant fetish in themselves. If this kind of attack and social dismemberment can happen to Robert Stewart or Simon Walsh, it can happen to most people you know.

Monday, July 16, 2012

the lorax: turkeys advertising christmas

As adults have to face the fact that the myriad potential of youth is largely unfulfilled, so they tend to idealise their formative years. Not just their personal youth, but everything about the times and society they grew up in. Thus people around 50 seem to think 1970s Britain - National Front marches tens of thousands strong, dogshit everywhere, queerbashing a normalised activity ignored (or participated in) by the police, and no decent curry to be found - as a glorious arcadia.

This determined nostalgia makes adults, now substantially richer than when they were 12, readily vulnerable to being fleeced by people who offer them any reminder of their youth. Thus we see 30-somethings spending 40 quid on fucking Take That tickets.

In 2003 there was a Cat In The Hat movie. It wasn't actually a movie, it was an unmitigated pile of shite. The Boston Globe said

At one point in "The Cat in the Hat," the Cat, played by Mike Myers, is mistaken for a pinata by a group of children at a birthday party. One by one, they line up to smack him, and the scene culminates with a husky lad swinging a baseball bat directly into the unfortunate feline's cojones.

That's a remarkably precise metaphor for what this movie does to the memory of Dr. Seuss. If the producers had dug up Ted Geisel's body and hung it from a tree, they couldn't have desecrated the man more.

Nonetheless $134,000,000 was handed over by people who went to see it. Even this was seen as a flop, and surely more money could be made from the Dr Seuss franchise. The lesson was learned and they decided not to make any more live action movies. Bring on the animation.and its marketing opportunities.

The thing with Dr Seuss is that it's not just whimsical tales with daft made up language and ear-stretching rhymes. The books have a clear agenda of encouraging children to explore themselves and the world, to be open minded, to not go for the greedy, destructive, mean and narrow - to reject all that marketing and advertising stands for.

The Lorax is perhaps the clearest of these. The Once-ler cuts down trees to make thneeds, a piece of junk that will make their seller rich. The Lorax come to speak for the trees, warning that if the Once-ler goes ahead then all the tress will be cut down and the forests will not regenerate.

Behold, the Lorax selling thneeds.



We're told the cars are Truffula Tree Friendly. The Mazda CX-5 has carbon emissions of 119g/km-144g/km, some 20%-50% higher than other cars presently available. And those lower emission cars are still an unsustainable environmental nightmare.

The solution is surely electric cars, a whole planet's worth of which, thanks to this ad, could be powered by a generator rigged up to the fast-spinning corpse of Theodore Geisel.

Sunday, July 08, 2012

and the lord smote the wicked with unseasonal rain

After the devastation of Hurricane Katrina, some American christians said the satellite picture had looked like a massive foetus and the near-obliteration of New Orleans was God punishing Florida. It's a barking idea made even wackier by the fact that New Orleans is in Louisiana.

The Good Lord continues to move in weatherly ways. This summer's flooding in parts of the UK are also the judgment of God, according to senior Church of England bishops.

It's a novel set of skills that have you able to control the weather yet unable use a pen. I have to say, excessive rainfall is a bit ambiguous. Folk might respond better to your holy instructions if you dropped them a text instead.

All this is well and good, the easy pickings of using the gun handed to you by an outsize fish as it climbs into a barrel. But the really choice bit of this stuff, and one that does deserve our conscious attention, is the unironic arrogance of it all.

Firstly the Rt Rev Graham Dow, Bishop of Carlisle, is certain that he knows exactly what evil we're being punished for. Environmental degradation and gay rights apparently. Gay sex is, after all, unambiguously prohibited in Leviticus 18:22. Yet just three lines earlier the book of Leviticus also prohibits wearing clothes made of two types of fibre. Given the prevalence of poly-cotton shirts in modern society, I reckon the Lord's having a go at us for that. Or maybe it's for eating prawns.

And wouldn't a god of justice, infinite love and mercy act well within the norms of the Geneva Convention? You'd have thought they might want to target just the sinners as opposed to meting out collective punishment. Apparently not, sayeth the bishop.

The principle of God's judgment on nations that have exploited other nations is all there in the Bible

When did environmentally assaulted countries like Ethiopia and Bangladesh do their exploiting of other nations? Did I miss some stuff?

But there's a higher level of unintentional irony beyond the bishop's bilingual fluency in English and meteorology.

In the Bible, institutional power is referred to as 'the beast', which sets itself up to control people and their morals.

Human institutions aren't allowed to make moral rulings. That job is reserved for, er, the church.

Thursday, August 18, 2011

comparitive justice (slight return)

An alcoholic is released from Strangeways prison near central Manchester. He immediately spends his money on tobacco and downs a bottle of sherry, and as he gets to the city centre he sees the aftermath of a riot. He goes into a smashed-in Krispy Kreme and helps himself to a box of donuts. A horde of riot cops turn up and arrest him, and he gets 16 months in jail.

16 months is exactly what MP Jim Devine got for committing over £8,000 of expenses fraud in 2008-09 (after the expenses scandal was front page news) and then lying about it in court. He served a quarter of his sentence. MP David Chaytor got 18 months for a £22,000 fraud, and served less than a third of it.

Looting a plasma screen telly and only fessing up when you're caught is fine, just pay the cost of it and we'll say no more. If you're an expense-fiddling MP, that is. If you're an urban youth, that'll be several years in jail.

The majority of those charged in the aftermath of the riots have been held on remand which, as with Jonnie Marbles, is a way of jailing people no matter what they're sentenced to. One man is sat in jail today awaiting sentence for stealing an ice cream. No violence, no suggestion of property damage, just taking an ice cream.

You don't even need to steal anything. Ursula Nevin slept through the riots but next day was wearing a pair of shorts looted by her flatmate. She just got five months in jail, away from her two young children.

As Andrew Bowman says in the excellent Manchester Mule,

In 2006, the Home Office’s Sentencing Advisory Panel issued advice that shoplifters – the most common criminal in the UK – should never be sent to jail unless involved in violent attacks on staff, using children to steal, or working in organized gangs. It is clear that many of those now facing hefty jail sentences were none of the above.

Meanwhile, people are four years for drunkenly suggesting on Facebook - with a 'lol' at the end - a riot that didn't take place.

For the cost of sending two young men to jail for four years for setting up a Facebook event that didn't cause a riot, you could employ four youth workers for four years working with up to 200 of the most alienated young people per year (800 young people in 4 years). Or pay for a full time youth advice service in eight large secondary schools (benefitting around 10,000 young people) for a year. Or you could employ 24 young people on £15,000 for a year at a time when youth unemployment has reached over 20%.

Beyond the jail terms, families of those convicted of riot-related offences face collective punishment as councils threaten to evict them. Sounds far fetched? It's already happening.

We have indeed "descended into a form of collective madness" over the rioting. Laurie Penny, as is her habit, nails it.

Freedom of speech and equality before the law aren't there just to be indulged when everything is quiet, and tossed aside as soon as teenagers start ransacking Evans Cycles. It is at moments of national crisis that human rights are most important, because it is at such moments that these rights tend to be called into question, although rarely with such bombast as by the British politicians and commentators who openly called for the Human Rights Act to be rescinded in the wake of last week's riots.

It is barely six months since David Cameron was condemning Hosni Mubarak for human rights abuses against Egyptian protesters that included shutting down the internet. This week, the Prime Minister was congratulated by China for proposing eerily similar measures in last Thursday's emergency House of Commons debate. "The US and Britain used to criticise developing countries for curbing freedom of speech," commented Chinese state media website Global Times. "Britain's new attitude will help appease the quarrels between East and West over the future management of the internet."

When China approves of your digital rights strategy, you know you're heading in a dangerous direction.

Friday, August 05, 2011

comparitive justice

Jonnie Marbles tries to throw shaving foam at Rupert Murdoch. He gets six weeks in jail.

Two men attack TV presenter Fiona Bruce with aerosols of silly string. They get £80 fixed penalty fines.

Marbles' judge, Daphne Wickham (the same judge who acquitted Delroy Smellie, the G20 cop filmed slapping a woman in the face), said that in sentencing him she had taken into account the fear of injury Mr Murdoch would have experienced. I wonder who had the greater fear of their attackers, given that for years Bruce has been dealing with a stalker who breaches the restraining order to keep away from her?

Contrary to the BBC's headline in the Bruce article, a fixed penalty notice is not a fine, it's something much less than that. A fine is a sentence after somebody has been found guilty. Police sometimes issue a Caution instead, whereby the accused person admits guilt and gets a temporary criminal record lasting five years. A fixed penalty notice is a flat fee for alleged minor anti-social behaviour; it does not admit guilt and is not a criminal record.

Marbles, meanwhile, immediately appealed against his sentence. His judge decided to undermine it by sending him to jail while the appeal is pending, so even if it quashes the custodial sentence he will have spent the time incarcerated and not be due any compensation for it.

Friday, July 15, 2011

phone hacking and spinning the police

The phone hacking scandal has been amazing. One day there's a move to refer the takeover of BskyB to the Competition Commission that looks like an attempt to sweep it under the carpet till the fuss dies down, the next day the entire bid collapses.

This story is moving so fast - and every move making it worse for Murdoch and News Corp - that The Guardian have a live updates page, they way they do when they're reporting a trial or inquest.

Interestingly, the American end of this may still be barely beginning. If there is proof that News International paid police for information then it is against US law - as an American corporation it is bound by legislation not to bribe officials of any state. And if there is any proof of attempt to hack 9/11 victims and their families, it's game over for Murdoch.

Top marks to Billy Bragg for already releasing a song about it (free download here), with a major nod to the Scouse boycott of the Sun ever since their foul lies about the Hillsborough disaster.

Reflecting on it all, it strikes me that there are several parallels with the Mark Kennedy affair. A scandal was passed off as the act of one bad apple, a rogue that the bosses didn't know about. Then it becomes clear that it was endemic, a policy run from the top. Then beyond that, it becomes apparent that it was the product of the shared political values of the police and the organisations they work with.

The police kept quiet and covered their arses for as long as possible, then when that became untenable they leaked the Crown Prosecution Service's guilt in the Kennedy affair; similarly with the phone hacking they did a lalala fingers in the ears inquiry but now it's blown up they're busy telling us how evil News International have been all along.

There is a major difference though. The guilt in the Kennedy affair lies primarily with the police, whereas in the phone hacking it lies with News International. However, the police were the source of much of the initial seeds of information that led to stories. It appears around £100,000 was paid to officers, a few hundred quid at a time. News International should go down for that, but so should the officers.

If the journalist who wrote the stories on Jennifer Elliott - daughter of Denholm, found begging on the streets with drug problems and being an occasional sex worker - can tell Radio 4 that he feels his work contributed to her eventual suicide, then that culpability is shared by the police officer whose tip off instigated the story in return for a slender envelope of cash.

The family of Jean Charles de Menezes have written to the government urging them to ensure the inquiry into hacking covers the police's involvement. The fact that their phone numbers were on the hack list points the finger squarely at the police.

Given the baseless personal slurs about de Menezes that came out in the tabloids, the relationship was more than bent constables taking a bung from a low-level journo hacking to try to get a story. It is the kind of thing that comes from media management strategy at a high level.

It is certainly a scandal that a senior News of The World executive was working for the Metropolitan Police at the time when the Met were investigating the hacking. But what really caught my eye in the story was that the guy's police job existed at all.

Neil Wallis, the former deputy editor of the tabloid, was paid more than £1,000 a day to work two days a month at Scotland Yard as a consultant to Sir Paul Stephenson, the Metropolitan Police commissioner.

You fucking what? £24,000+ of public money for a total of two weeks spin doctoring?

And Wallis' pay isn't the half of it.

Neil Wallis, who was questioned for several hours on Thursday, was employed as recently as last year as sick leave cover for the force's deputy director of public affairs

Presumably the actual Director of Public Affairs gets even more than the deputy.

Yet there are still people who say that the police do a good honest job with the resources they've got, people who deny the police are a political force who manipulate the media.

Like the Conservative Party leadership, the police are desperately wriggling at the moment, trying to hold News International at arms length. Yet it is plain that all of them share information, personnel and tactics, because they have shared values and a shared mission.

Thursday, May 26, 2011

like literacy taught by illiterates

The government has decided to abolish the Independent Advisory Group on Sexual Health and HIV and set up a new group to help with policy. The seat held on the old forum by the British Pregnancy Advisory Service has been given to the anti-abortion group Life.

At the same time, there was a parliamentary launch for the Sex and Relationships Education Council, an umbrella group of anti-abortionists, homophobes and abstinence promoters, with a resounding endorsement from Education Secretary Michael Gove.

One member, Christian abstinence advocates Silver Ring Thing, say they want to see "value-based, parent centred" sex education. Which is odd given that most times people have sex they would feel that something has gone wrong - in some instances even crossed the lines of the biologically impossible - if they ended up becoming parents as a result.

Of course, we know what they mean by 'value', and the most cursory look at their materials shows it; heterosexual patriarchal monogamous marriage. It's interesting to note their use of 'value' in the singular, like they've subconsciously wanted to be clear that there is one God, one model of sexual relationship, and all else shall burn in a lake of eternal fire.

Not that it's actually all overtly religious, as The F Word points out

Challenge Team UK, one of the organisations on the Council, is not a Christian organisation. Their volunteers are so passionate about the choice they have made to save their virginity until marriage, which is their choice so fair play to them, that they want to tell the world about it.

The FAQ part of the website includes, to my non-religious eyes, a fairly sensible question: “What if you save sex for marriage and then find out that you are sexually incompatible?” To this the answer is “Men and women are sexually compatible.”

But all these seats on panels and pressure groups is just an advisory thing, it's doesn't translate into actual real-world influence does it?

In Richmond, south-west London, the Catholic Children's Society has taken over the £89,000 contract to provide advice to schoolchildren on matters including contraception and pregnancies. Another Christian-run charity, Care Confidential, is involved in providing crisis pregnancy advice under the auspices of Newham PCT in east London.

This is not just about a clash of values, it's about outcomes. Abstinence-only sex education actually causes greater teenage pregnancies and STIs. Evidence published in the British Medical Journal shows that abstinence-based programmes

were associated with an increase in number of pregnancies among partners of young male participants. There were significantly fewer pregnancies in young women who received a multifaceted programme

This is real-world data about abstinence education, as opposed to the Silver Ring Thing telling us

God wants you to be holy, so you should keep clear of sexual sin. Then each of you will control your body and live in holiness and honour.

What comes next? A council of avowed illiterates to decide how English is taught?

As George Monbiot wrote a few years ago when Silver Ring Thing first came to the UK

The two western countries at the top of the disaster league, the United States and the United Kingdom, are those in which conservative campaigns are among the strongest and sex education and access to contraception are among the weakest.

The United States, the UN Population Fund’s figures show, is the only rich nation stuck in the middle of the Third World block, with 53 births per 1000 teenagers – a worse record than India, the Philippines and Rwanda. The United Kingdom comes next at 20.

The nations the conservatives would place at the top of the list are clumped at the bottom. Germany and Norway produce 11 babies per 1000 teenagers, Finland eight, Sweden and Denmark seven and the Netherlands five.

So that's more than ten times the number of teenage pregnancies in freemarket, abstinence-heavy, anti-abortion USA than in the Netherlands. The Tories think this is something to emulate.

Monbiot concludes

The catastrophe afflicting so many teenagers in Britain and America, in other words, has been caused not by liberal teachers, liberated parents, Marie Stopes International and the Guardian, but by George Bush, Ann Widdecombe and the Daily Mail. They campaign against early sex education, discourage access to contraceptives and agitate against the social inclusion (income equality, the welfare state) which offers young women better prospects than getting knocked up.

Abstinence campaigns like the Silver Ring Thing do delay the onset of sexual activity, but when their victims are sucked into the cesspool (nearly all eventually are), they are around one third less likely to use contraceptives (according to a study by researchers at Columbia University), as they are not “prepared for an experience that they have promised to forgo.”

When Health Secretary Andrew Lansley calls in PepsiCo, McDonald's and Mars to write health policy it is an outrage, but it also makes sense as the government is there to grease the path of corporate power and increase the associated profits. To the Tories the payoff for that - more misery for the population and an expensive increase in demand for health services - pales in comparison.

But with this handing of power to the bigoted sex-hating monotheists, there's no such profit bonanza. This is simply the cruel claws of the Tories tearing into the flesh of the nation on general principle, acting out of opposition to any liberation or pleasure that is not paid for, and out of Francoesque deference to the vicious values of the traditional church.