Showing posts with label Labour. Show all posts
Showing posts with label Labour. Show all posts

Sunday 13 September 2015

Corbyn: Losing Is A Comforting Game

"I miss the comfort in being sad" Kurt Cobain
Still seemingly unable to come to terms with the 2015 general election defeat the Labour party, instead of learning the brutal lessons of defeat, unashamedly have retreated into a left wing comfort zone. Comfort zones are normally the natural retreat in response to losing.

With this in mind we see the Labour party elect as its leader Corbyn who is clearly unelectable with the country at large - by his, his own party and by everyone else's admission. They seem not to care, indeed Labour supporters revel in his lack of appeal to electorate:
Electing Jeremy Corbyn would prove that the party is no longer interested in winning or governing.
Labour no longer wishes to win but instead wants to feel good about itself internally. It wants to confine itself to talking to already converted fellow travellers rather than appeal to the soft middle of voters in marginal seats which would help them win. When the headlines talk about a "huge majority" for Corbyn they are actually referring to only 251,417 votes whereas the Tories at the general election in May won 11,334,576 votes. Some 'poor' people's movement. 

Labour clearly can't come to terms with the fact that Tony Blair was Labour's most successful leader and Prime Minister - he won three elections. Blair and New Labour fully understood the methods necessary to win, and without winning power any desirable outcome is fruitless. Thus Labour was ruthless in 1997, particularly with the Excalibur computer system which sat at the heart of Labour's rebuttal strategy:
Question time in the second week of January 1997 provided a perfect illustration of the speed with which Labour could now hit back. On the Tuesday of that week the Deputy Primre Minister, Heseltine, stood in for Major at the despatch box. In reply to a question about the shortage of hospital beds, he said there were now '55,000 more qualified nurses and midwives than there were when the Labour party was last responsible for the health service. At 3.59pm precisely, within half an hour of questions finishing at 3.30pm., fax machines in the BBC newsroom at Millbank were receiving copies of Labour's rebuttal, headed 'Heseltine caught red-handed'.
Yet Labour seems to be unlearning their previous experience of winning thus confirming that education is easier than re-education. And here we can see parallels with the eurosceptic movement, as noted by White Wednesday. Comfort zones and a lack of desire to win. It's all eerily familiar...dum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum EU Referendum 

Friday 11 September 2015

EU Referendum: Corbyn's Not Our Friend

It's depressingly familiar that the British media and Westminster cannot debate the EU without communicating it through the prism of a domestic London bubble.

A clear example was neatly illustrated recently by European Commission President Juncker's State of the Union speech earlier this week, a speech which was reduced down to reporting it as an announcement on migrants. The term State of the Union, if it was used at all, was done so in UK media with inverted commas. That the real point of the speech was to fire the starting gun for a new EU treaty which has been signalled well in advance was largely overlooked.

Westminster media though has more 'pressing concerns', mainly that of the ongoing contest over the summer within Labour of candidates jostling for leadership of the party. All indications suggest that it will be Jeremy Corbyn who wins, against his Parliamentary party's wishes and indeed, by his admission, his own.

Within such tittle tattle, we see the question being asked of Corbyn, with an impending EU referendum, how he voted in the EEC referendum in 1975:
The man expected to win control of Britain's opposition Labour Party said on Thursday that he voted 'No' to Britain's membership of the forerunner to the European Union in a 1975 referendum.
And with that admission he's being seen as a eurosceptic. Yet by his own recent interviews that's not what he is at all (my emphasis):
Labour should set out its own clear position to influence negotiations, working with our European allies to set out a reform agenda to benefit ordinary Europeans across the continent. We cannot be content with the state of the EU as it stands. But that does not mean walking away, but staying to fight together for a better Europe.”
Veterans of trying to remove ourselves from a uniquely supranational organisation will not be fooled by Corbyn's comments; they are straight out of the Tory handbook on how to use "reform" as a means to remain in the EU. Cameron would be proud.

Whereas Margaret Thatcher campaigned and voted yes in 1975 and then changed her mind, albeit too late, Corbyn has changed his mind for opposite intentions.

Thus it's worth noting Corbyn has based his vote on being an anti-establishment candidate, but in reality part of the establishment he will become. His supporters will be let down as were Lib Dem ones were in 2010. Probably with no surprise we suspect he will support Associate Membership, or the renamed equivalent, but complain the Tories haven't done enough about reform  - about insignificant detail.

With this in mind it's disappointing then to see Farage endorsing Corbyn:
Ukip leader Nigel Farage has backed Jeremy Corbyn to be the next leader of the Labour party.
An interesting comment from 1975, in the first Parliamentary debate after the referendum, Harold Wilson (Labour leader) noted this:
"Never out on principle; never in on principle [regarding EEC membership]. It depends on the terms and whether it is best for Britain. The country has now decided that it is best for Britain, the Commonwealth, Europe and the wider world."
An illustration on how the establishment never does anything on principle, including Corbyn. We, as a people, have to force them to listen to us.

Friday 15 May 2015

EU Referendum: Media Bias

During the 1975 referendum all the newspapers bar one – the communist Morning Star – supported EEC membership. Such positive support in the media for staying in the EU would be almost identical today, liberally sprinkled with FUD, as illustrated above, with possibly the dubious exception of the Daily Express. Even the likes of the supposedly eurosceptic Daily Mail has made it clear, in editorials, that it supports EU membership:
Let the Mail lay all its cards on the table. This paper has no desire for Britain to pull out of Europe — and particularly not at a time like this, when withdrawal would add immeasurably to the uncertainties threatening our recovery and rocking the confidence of the markets.
The economic FUD (Fear Uncertainty and Doubt) has already started in earnest. Courtesy of the BBC across it's broadcasting outlets we have this from Bank of England governor Mark Carney:
[He] has said that the UK should hold its EU referendum "as soon as necessary".

"We talk to a lot of bosses and there has been uncertainty whether it's for the election or the referendum," said Mr Carney on the BBC's Today programme.
Analysts fear businesses may delay making investments while there is uncertainty over Britain's future in the EU.
"FUD, FUD glorious FUD" means that if we are to win a referendum, it is essential to negate it by making it clear that the UK will remain in the Single Market post exit for the time being as to make it economically neutral. It remains our only hope of clearing the first hurdle required to ultimately win.

But it’s certainly obvious that it will be a significant challenge in trying to overturn the message of the establishment, media and FUD, all of which will be heavily funded. Not least because the eurosceptic movement is so divided with no coherent message.

Certainly this was the experience of the early 1970's with our entry into the then EEC where pro-market lobby groups were co-ordinated under the umbrella of the European Movement part funded by the EU Commission to act as an integral part of the government campaign.

Efforts were made, by the Heath government, to bring the media on board particularly the BBC where eurosceptic presenters were dismissed in favour of more sympathetic ones. Less competent or more divisive spokesmen were chosen by the media, and the BBC, to represent the "out" campaign for negative effect.

We are, therefore, in danger of being greatly damaged by FUD, and currently we are losing the FUD war - it's being created faster than can be responded to by various media outlets including blogs. Richard North notes:
Talking yesterday to a senior politician, he observed that the "out" campaign should already have a rapid rebuttal unit up and running, to deal with this sort of thing. To my mind, it is an indictment of Ukip, which should already be equipped to handle false claims.
Thus the "out" campaign is going to have to establish its own permanent rebuttal units to monitor and counter media FUD. This was a tactic very successfully adopted by New Labour in the lead up to their landslide victory in 1997. Peter Oborne's book on Alastair Campbell observes (page 134):
[Campbell] put into effect the new electoral technology which New Labour had imported from the United States: the giant media war-room, the 24 hour monitoring of television, radio and press outlets, a rapid rebutal serivce, a savage clampdown on MPS and Shadow ministers who spoke out of turn...Labour's ferocious internal discipline was the key to its success.

In stark contrast to the [Tories]...Labour MPS were prevailed upon to limit their public utterances to the bland platitudes imposed upon them by the party machine.

...what gave Labour complaints the edge was that they were inevitably well-researched and sensibly focused. The vigilance was extraordinary. Roger Mosey, then the editor of the Today programme, recalls: 'If you had a line that Labour didn't like on the 6.30am bulletin you got called instantly. Often Labour complaints had some substance...if there was a glimmer of an inaccuracy they were onto you.'
This gives an indication of the ruthlessless required to win a referendum, particularly if the odds are stacked against us. The internet and social media becomes the key.

In addition with newspapers we have a complaints procedure, which obviously anyone can use. Post-Leveson what was the Press Complaints Commission (PCC) has now become the Independent Press Standards Organisation (IPSO) and we will address the significance of this with a subsequent piece.

Here we will concentrate on television broadcasters. The 1975 referendum, being the first nationwide poll of its kind in the UK, presented broadcasters with hitherto unknown dilemmas of balance and responsibility. Up to that point, in general elections, broadcasters used the existing strength of parties in MPs, or in votes, at the last election as a guide in establishing the priorities of the coverage.

The White Paper of February 1975 offered no particular formula or solution, instead its 'advice' was one of hope rather than one born out of regulatory oversight (page 19):
4.9 The Government are confident that the IBA and BBC will exercise editorial discretion designed to ensure that there is a fair balance between the opposing views in news and feature programmes. The broadcasting authorities may also decide to run a series of short "referendum broadcasts" analogous to party political broadcasts. In this way an equal number of short periods of television time would-be"made available to the main campaigning organisations in the two or three weeks before polling day.
The Government would welcome such an initiative.
Whereas in 1975, the government was "confident", hardly an endorsement of rigorous oversight, now we have regulatory authorities in place regarding the impartiality of broadcasters.

With the establishment of the Ofcom under the Communications Act 2003 and the establishment of the Electoral Commission under the Political Parties, Elections and Referendums Act 2000 the broadcasting oversight is more structured which means that crucially it is an avenue where we can complain. Ofcom provided examples of this oversight during the Scottish referendum.

With regard to Ofcom, broadcasters should ensure that they comply with Section Five: (Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions):
To ensure that news, in whatever form, is reported with due accuracy and presented with due impartiality. To ensure that the special impartiality requirements of the Act are complied with.
And broadcasters also have to comply with Section Six (Elections and Referendums) of the Code:
To ensure that the special impartiality requirements in the Communications Act 2003 and other legislation relating to broadcasting on elections and referendums, are applied at the time of elections and referendums. 
In addition, there is the prohibition of political advertising in Section 321 of the Communications Act 2003:
(2) For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is:
(a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;

(b) an advertisement which is directed towards a political end; or

(c) an advertisement which has a connection with an industrial dispute.
(3) For the purposes of this section objects of a political nature and political ends include each of the following:
(a) influencing the outcome of elections or referendums, whether in the United Kingdom or elsewhere;
This applies to the multitude of local television and radio outlets with the exception of the BBC which is overseen by the BBC Trust.

In the 1960's JFK embraced the relatively new medium of television to great effect, this in contrast Barack Obama who embraced the new medium of the internet in 2008. His internet campaign was crucial to winning the Presidency.

We can therefore learn the lessons of using a new medium to try to keep the old medium of broadcasters "honest", or by simply by-passing them. Thus in the UK we can embrace the internet in the same effective way and with regulatory bodies in place over the traditional legacy media  the internet allows us as individuals to facilitate a campaign to ensure some resemblance of impartiality. The simple use of Twitter has worked before

Thus unlike 1975 we now have the internet and everything that comes with it; smartphones, Twitter, Facebook and forums. The establishment no longer has a monopoly on information. Scotland revealed the significance of this development. The independence campaign was a dry run of how an EU referendum would be conducted and it showed comprehensively that unofficial campaigns centered on social media was very powerful.

By using the internet to lobby regulatory bodies, each one of us can make a small but significant difference.

Thursday 7 May 2015

Polling Day: Spoiling The Ballot Paper

We arrive at polling day after what has to be one of the most lacklustre and uneventful election campaigns in recent memory despite that the result is too close to call. Here we agree with Scribblings From Seaham that it has "felt to be an interminable farce of a general election".

With a deep reluctance to deal with issues which matter to voters, a lack of policies of any substance and a largely staged television campaign with a reliance on pointless stupid gimmicks is it any wonder that 1 in 4 voters have yet to make up their minds by polling day.

I'm one of those 1 in 4 and when I began to write this blog piece on why, I realised I was repeating many of the points I had made 5 months ago. Here I wrote:
Voting for the Tories - a party that has consistently betrayed its country, its members and its voters - is somewhat nauseating and is something I've never done before. This blog has never really forgiven the Tories for Maastricht and particularly the membership of the ERM. To vote for them would take a Herculean effort and the intake of industrial quantities of intoxicating substances.
And
Then there's UKIP. Yet it has been increasingly this blog's view that under its current leadership UKIP is detrimental to Eurosceptic cause - a party which has also performed copious u-turns within a very short space of time on the whim of its leader.
More damaging is UKIP remains largely a single issue party but instead of being anti-EU it is now anti-immigrant and is being described as such. By reducing EU membership solely down to an aggressive stance on immigration, toxifies the debate, limits itself to dismissing an exit strategy which could actually win us a referendum and leaves itself very exposed to being outflanked by Cameron on Article 48.  
Perhaps if I lived in a marginal Tory seat then I would have to grit my teeth and vote Tory for the first time to ensure a referendum. But I don't. I live in a seat where Tory PPC/MP "Lazy Vaizey" has his votes weighed not counted. How I vote won't make any difference to the outcome, a situation common among many voters.

With UKIP, despite that my local candidate is very good, I cannot endorse a party which is helping us to lose the eurosceptic argument with YouGov now reporting a 12-point lead for the "inners", up two points since April.

So unable to vote for any of the options available it's for the first time in a General Election that I have spoiled my ballot paper (see above) and I'm not the only one.

I simply can't wait for the whole charade to be out of the way to see if the Tories will win an overall majority. If so we get an EU referendum and then the real work starts.

Wednesday 14 January 2015

Leaders' Debates: UK Democracy's Failings In Plain Sight

Within our 'representative democracy' expressed by so-called Parliamentary sovereignty the idea of Prime Minister debates, first instigated in 2010, is absurd if not downright objectionable.

The electorate in a General Election do not vote for the PM, instead they vote for their local MP which helps form a Parliament from which a Prime Minster is chosen.

One often consistent criticism of Gordon Brown's tenure up until the 2010 election was that he was 'not elected'. But of course he was elected - by the constituents of Kirkcaldy and by members of his own party - it was that he simply didn't have an electoral mandate (as neither did Major for example in 1990). Brown's position was less a reflection of the failings of himself and more a reflection of the failings of current Parliamentary system.

More seriously the lack of separation of powers represents a system where MPs become hopelessly compromised - by default. After being elected for 5 years their main objective is to achieve a ministerial career rather than attempt to hold the government to account. They want to join the government not listen to their constituents; which one pays more...?

The constituents of Witney, Doncaster and Sheffield will know this best - their own MPs wear two contradictory hats, a situation that Witterings from Witney knows only too well.

And with this in mind we see Cameron and Miliband, among others, engage in unedifying comments regarding a leadership debate without so much as a by-your-leave to the rest of us:
Did you notice that the letter sent to David Cameron about disputed formats for the election TV debates was itself a delicate contribution to pariah politics? Though identical in contents, as Rowena Mason explains, the missives were dispatched separately by Ed Miliband, Nick Clegg and Nigel Farage. Ed and Nick did not sign the same letter as Nigel, oh dear no.
Thus it's acutely apparent that the entire idea of leadership debates is an admission by the establishment that Parliament is failing and that we, as an electorate, are now effectively voting for the executive - the government and the Prime Minister - by proxy.

This becomes even more (offensively) absurd when we consider that Nigel Farage, although leader of UKIP, is not currently an elected MP even though his party has two elected MPs and Farage himself is currently not on course to win South Thanet seat in May.

Thus more than ever the case becomes stronger that we need to directly elect our Prime Minister - and as a consequence separate out more formally the executive from Parliament. This idea is nothing new, it was proposed back in the 18th Century by Thomas Paine. Although born in England, via Common Sense, he was one of the fiercest critics of what he regarded as British tyranny.

The current, and rather childish standoffs over a Prime Ministerial leadership debate merely confirm that such reform is now very long overdue.

Wednesday 31 December 2014

Happy New Year

With 2014 now drawing to a close here at TBF towers we would like to wish all our readers a happy and prosperous 2015.

2015 has the potential of being rather interesting for eurosceptics with the impending general election in May (has it really been nearly five years since the last one...?). For us this may (or may not) prove to be a watershed in terms of the UK's membership of the EU and a promised referendum by Cameron should he win an overall majority.

Yet for the first time in decades, where the outcome of an election could have been confidently predicted, the 2015 general election is proving, so far, too hard to call. The Tories haven't yet achieved the 6% lead required just to have a majority, but Labour has its own problems being saddled with a leader who is clearly not a credible Prime Minister in waiting. Then we factor in the possible collapse of the Lib Dems and the rise of the "UKIP effect".

Perhaps the tight nature of the election reflects a national populace who have a low opinion of politicians overall, are expressing general apathy towards the process and see little difference between the bigger parties.

Eurosceptics though have a dog in the fight, namely Cameron's promise of a referendum on UK membership. As it currently stands anything less than a Tory overall majority denies us a potential referendum. This position may change in due course given that a week is long time in politics so just under six months is an eternity. Labour may also promise a referendum nearer the time. Anything can happen and this is particularly true of UKIP.

As we approach May, UKIP will inevitably face the traditional two party squeeze but it also faces other internal issues which have been seeping out in recent months. While newspapers have been conducting their usual summary and reflection of the year just past - the 'rise of UKIP' being one of them - it has been a very bad couple of months for the party. Bad headlines regarding allegations of unwelcome sexual harassment, racism and other shenanigans have led to a significant drop in poll ratings in recent weeks.

It is also true that what is emerging are internal tensions if not yet outright civil war within the party. The latest example being a leaked document reported by the Daily Mirror:
Ukip chiefs hired a City barrister to keep “bad stuff” hidden from the public, leaked documents show.
National executive committee meeting minutes from June 2013 detail how Matthew Richardson became Ukip secretary.

They state Mr Richardson’s role as party secretary would be deciding “whether to take injunctions out” when Ukip is criticised in the media.

The minutes state: “We need to ensure all of the bad stuff is kept out of the public domain.

“As party secretary (Mr Richardson) would try to ensure that we keep a tight reign on things.”

The revelation is damaging for Ukip chief Nigel Farage, who tries to present his party as a ‘people’s army’ which does not indulge in typical Westminster spin.
With further 'leaks' today, can the party manage to hold itself together before May, only time will tell.

All in all though it leaves us with something of a dilemma. Voting for the Tories - a party that has consistently betrayed its country, its members and its voters - is somewhat nauseating and is something I've never done before. This blog has never really forgiven the Tories for Maastricht and particularly the membership of the ERM. To vote for them would take a Herculean effort and the intake of industrial quantities of intoxicating substances. Having checked just to make sure, we discover that voting while inebriated isn't illegal:
I've been in the pub and feel drunk. Can I vote?

Yes. Polling station staff cannot refuse a voter simply because they are drunk or under the influence of drugs. However, if the presiding officer suspects you are incapable of voting you will be asked a series of questions to determine whether you are up to the task of casting your ballot. If the voter cannot answer satisfactorily they will be told to come back when they've sobered up.
Then there's always the risk that Cameron won't deliver - he certainly doesn't want one and only promised under political duress. Raw political calculation though suggests he won't have a choice but to deliver - he would be removed as leader and PM before we could say 1922. And his recent Article 48 proposal gives a very stong hint that he is already preparing for a referendum campaign should he win outright in May. Personally I have an additional advantage in that having access to the full version of Oxfordshire's electoral roll means I know where he lives should he renege...

Then there's UKIP. Yet it has been increasingly this blog's view that under its current leadership UKIP is detrimental to Eurosceptic cause - a party which has also performed copious u-turns within a very short space of time on the whim of its leader. Witterings from Witney notes yet another 'policy' inconsistency within UKIP.

More damaging is UKIP remains largely a single issue party but instead of being anti-EU it is now anti-immigrant and is being described as such. By reducing EU membership solely down to an aggressive stance on immigration, toxifies the debate, limits itself to dismissing an exit strategy which could actually win us a referendum and leaves itself very exposed to being outflanked by Cameron on Article 48.

And despite UKIP policy in the last 5 or 6 years, in so much as they have one, on demanding that Cameron promise a referendum, UKIP due to its disproportionate effect on Tory votes will deprive the party of victory which is so far the best chance we've got. 'Vote UKIP and let Labour in', is more than a soundbite. Although in terms of Prime Ministerial ability preferring Cameron to Miliband as Prime Minister is akin to wishing to be run over by a car doing 29mph instead of 30mph illustrating if one was needed what a mess our current system of governance is in.

But then, like many others, I live in a safe seat - in my case Tory - it matters little what I think...my vote is largely an irrelevance. So a spoiled ballot maybe an option which will have no impact on the outcome whatsoever and saves me from dilemmas.

Thus the UKIP sentiment of 'sod the lot' is understandable, although perhaps a better way maybe of annoying the establishment is for them to lose an in/out referendum. Oh the delights of seeing europhiles such as Howe, Clarke and the ungracious Mandelson (20mins in) weeping quietly into their state-subsidised drinks as a reaction to a successful "out" vote victory persuades me that dislike of the Tories is outweighed much more by the dislike of our EU membership and the lies that have gone with it.
 
So decisions, decisions decisions.

And with that thought in mind happy new year to you all...

Saturday 13 December 2014

Guess Me Weight

Following on from our previous post we see an interesting example of Ofcom's wide brief, with a "guess your weight" competition held in central London yesterday. Protesters took rather unusual measures to highlight their objections to an amendment made to the 2003 Communications Act.

This amendment meant that any paid-for pornography bought online will now be regulated by the same guidelines set out by the British Board of Film Censors (BBFC) as DVDs sold by sex shops, which involves a number of sexual activities, produced by UK film makers, being banned for online broadcast.

As the Telegraph notes:
The new rules were brought in after the Department for Culture, Media and Sport decided that the laws relating to DVDs and online paid-for video porn were inconsistent.
DVDs are regulated by the BBFC, while online porn is regulated by the Authority for Television On Demand (ATVOD) and Ofcom. With the rise of VOD, the DCMS concluded under 18s would be able to access R18 content.
Providers of what is known as On Demand Programme Services ("ODPS") are required by law to notify ATVOD before the service begins, and to advise ATVOD if the service closes or undergoes significant changes.

Despite calling itself an "independent co-regulator" it comes as no surprise to learn that the Authority for Television On Demand (ATVOD) is another example of the complex mixture of Ofcom approved and EU financed regulatory structures:
On 18 March 2010, Ofcom delegated certain of its functions and powers in relation to the regulation of On Demand Programme Services to ATVOD by means of a formal designation. The designation included provision for a review of the arrangements after two years. Accordingly, on 22 March 2012 Ofcom launched such a review and on 15 August 2012 issued a statement confirming the Designation with amendments to give ATVOD greater operational freedom.
And while service providers must pay a fee to ATVOD in relation to each On Demand Programme Service, the fees which are charged by ATVOD are the subject of a public consultation each year and are approved by Ofcom.

We see yet another cosy alliance between those which sit on, and have previously sat on, boards across the great number of Ofcom approved regulators.

For example we see that Ruth Evans is the independent ATVOD Chair, and has previously sat on the Deputy Chair of the Office for Communications Consumer Panel for five years and on the Board Director of PhonePay Plus, which regulates premium rate services in the UK.

The Deputy Chair, Nigel Walmsley, was until recently a Council Member of the Advertising Standards Authority, and the Chairman of the Broadcasters Audience Research Board (BARB), and Pete Johnson, the Chief Executive Officer was previously Head of Policy and Business Development at the British Board of Film Classification.

Independent Board Member Robin Foster's profile describes him as having:
... previous experience as a strategy partner at Ofcom, helping to establish Ofcom and playing a key role in Ofcom’s first major strategic reviews of public service broadcasting, telecommunications and spectrum.
Then ODPS have to consider the universal guidelines on child internet safety issued by the UK Council for Child Internet Safety (UKCCIS).

Ofcom is not ATVOD's only focus as it notes itself:
Under the terms of its designation as the appropriate regulatory authority for editorial content in On - Demand Programme Services (“ODPS”), one of ATVOD‟s designated functions is to ensure that Service Providers promote, where practicable and by appropriate means, production of and access to European works (within the meaning given in Article 1 (n) of the Audiovisual Media Services Directive („the Directive‟) (section 368C(3) of the Act) 
Thus those protesting might be interested to know that Westminster is largely impotent in this case. The dominating factor, which unsurprisingly the Telegraph fails report, is laid bare in the Statutory Instrument in the Explanatory Notes (page 3):
The Audiovisual Media Services Regulations 2009(a) and 2010(b) implement Directive 2007/65EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services(c) (“the AVMS Directive”).
And EU Directive 2010/13/EU (Audiovisual Media Services Directive) states:
It is necessary, in order to avoid distortions of competition, improve legal certainty, help complete the internal market and facilitate the emergence of a single information area, that at least a basic tier of coordinated rules apply to all audiovisual media services, both television broadcasting (i.e. linear audiovisual media services) and on-demand audiovisual media services (i.e. non-linear audiovisual media services).
Confirming once again the UK's submissive role as a European Union member state.

Saturday 22 November 2014

England Flags And Other Matters

"I took her to a supermarket...I said pretend you've got no money, she just laughed and said oh you're so funny. I said yeah? Well I can't see anyone else smiling in here." Jarvis Cocker, Common People.

Without being presumptuous it must have been a rather surreal week for Dan Ware. There he is going about his daily business, his only "crime" being that his house is draped in England flags with a white van parked in his driveway and he becomes, through no fault of his own, the centre of a political scandal and resignations.

It's rather ironic for a chap who himself admits he does not vote that he has created more political waves by hanging up an England flag than casting a vote via the ballot box. How very revealing...

Labour MP Emily Thornberry, who tweeted a picture of the house, then compounded the feeling that Labour et al are out of touch by attempted to excuse her faux-pas by claiming that it was an "amazing image". The phrase "you should get out more" springs to mind here. Not unsurprisingly Ed Miliband does not come out of the episode well either as Labour, run by a metropolitan elite, comes under ever increasing scrutiny that it is losing its core working class support.

It's also interestingly symbolic that the flags on Mr Ware’s house were of England, not of the UK, which he had flown to celebrate the World Cup:
The father of four said he had simply put up the three St George flags to celebrate the World Cup, and that it was 'not political'.
Here we see an example of this unappreciated and largely unnoticed change in recent years of the increasing tendency of England football fans no longer universally flying the Union flag of the nation team but instead waving the flag of St George. As a national sport, national tensions and issues tends to spill out onto "the terraces" thus it can be a good indication of the nation's woes - a canary down the mine.

Local rivalries are a classic example - the bitterness surrounding Chesterfield against Mansfield is a reflection of the 1984 miners strike and the reasons behind the intense rivalry of Liverpool and Manchester Untied is laid bare by the reference to the Manchester Ship Canal on United's badge.

Thus if we look back to the 1966 World Cup final, it is curious from a modern perspective (aside from England actually winning a trophy) to see the number of Union flags being waved among the crowd in support of England:

A practice that continued into the 1970 World Cup in Mexico - here England against Brazil...


...right up to the 1990s. Here are England fans in Italia 1990:

And against Germany in the World Cup 1990 semi-final:
Yet fast forward on 10 or 15 years and we see a complete change, hardly a Union flag in sight. The contrast couldn't be clearer.
The World Cup in Japan 2002:
...in 2006:
...and in 2010 in South Africa:
The year of change is relatively easy to pinpoint, it happened almost overnight - 1996, or more specifically the Euro '96 UEFA tournament which was held in England and they played all their games at Wembley.
Euro '96 was a watershed moment where very significant numbers of England fans took to waving the St. George flag and widely ditching the Union flag (below):
 
The reasons why are less easy to pinpoint. It appears to have been a combination of a reasonably successful football tournament for England where it had a very good chance to win it, the success of the song "three lions", the changing dynamics of football fans with the establishment of the Premier League four years earlier and the embarrassment of the Union flag being tarnished with hooliganism a year earlier. All of which was topped off with an added dash of free England flags and hats handed out by The Sun newspaper.
In addition in 1996 there was also the context that the obviously incoming Labour government, against the loser Major, was openingly advocating devolution, particularly to Scotland as promised by Blair's speech in Blackpool 1996:
I vow that, with the consent of the people, we will have devolved power to Scotland, Wales and the regions of England...
Devolution was always a Pandora's Box - give politicians power (in this case SNP) and they want more. Labour is now reaping the "rewards" for unleashing consequences that they didn't understand nor anticipated. In Scotland it has lead to the independence referendum, which despite the "yes" camp losing has not settled the issue. Labour is also now under pressure from the SNP at the next election. And in England it has lead to a rise of Englishness which even Miliband acknowledged awkwardly in 2012. He put Euro '96 down to...
Since Euro 96, English football fans have helped to reclaim the flag of St George from the BNP.
That may have been the unintended consequences, but Miliband overlooks that instead of reclaiming the flag of St George from the BNP, it is a demonstration of the Union fragmenting and England reasserting themselves.

In this respect Labour has an "England problem" where Miliband's "long-term problems will come from south of the border, and in particular how he deals with the question of Englishness." And this brings us back to the real issue of Emily Thornberry's misguided tweet.

Tuesday 7 October 2014

EU Referendum: How We Can Win

My previous piece reflected on the free bet that is the offer of a referendum in 2017. It maybe that Cameron doesn’t deliver, and that is of course a risk, but it’s the only offer currently on the table. We should remember that extracting this promise from Cameron has long been UKIP policy. For example in 2011 (2 years after “cast iron”) Farage had this to say:
…Ukip could form an electoral pact with the Conservatives at the next election if David Cameron were to promise a referendum on membership of the European Union. There was "every chance of forcing David Cameron into giving us a referendum", he said. Whether or not to propose an electoral pact with the Conservatives in 2015 would be a "huge decision" for the party, he said. But he had offered the Tories a pact before the 2010 election, he said.
Given Cameron’s track record it’s reasonable not to trust him, though that would imply that other politicians can be trusted. However in my view the question of trust doesn’t come into it. If Cameron wins in 2015, albeit with a small majority, he won’t have any choice but to deliver lest the party give him an offer he can’t refuse. Less a case of trust, more a case of pure political calculation.

If there is to be a referendum in 2017 then another obvious concern is that it will be loaded in favour of staying in. It’s worth noting at this point that exit is very unlikely to ever occur without a referendum being offered and won. The precedent for constitutional change has now been set with the referendum in 1975, Scottish & Welsh devolution, the AV vote and the Scottish independence vote. Nor indeed can we expect ‘perfect conditions’ for one being held.

It’s certainly going to be a challenge to overturn the message of the establishment, media and FUD all of which will be heavily funded. An example of this was during our entry into the then EEC where pro market lobby groups were co-ordinated under the umbrella of the European Movement part funded by the EU Commission to act as an integral part of the government campaign. Efforts were made to bring the media on board particularly the BBC where eurosceptic presenters were dismissed in favour of more sympathetic ones.

However this is not 1975, the world has moved on in 40 years and as a consequence we do have a number of potential advantages over that campaign which can help nullify if not overcome the challenges.

The EU: 
The first advantage is that the EU is no longer just the EEC or a ‘Common Market’. In some 40 years since UK membership the EU has taken ever larger strides towards political union such that its ultimate goal has become much more obvious.

Now it is a ‘European Union’ rather than a ‘Market’. By calling it a “Common Market” meant the 1975 referendum was defined by the terms pro-marketeers and anti-marketeers – membership argued in simple economic terms. Thus in this context Wilson was able to get away with his sham negotiations by reducing it down to the level of import quotas on New Zealand butter and cheese.

40 years on, Cameron could not get away with anything so lightweight. It’s no longer a Market but a Union. Thus there would be demands for a far more substantial return of powers - none of which can be achieved without Treaty change. And that leads us neatly onto the next advantage...

David Cameron:
As has been well documented Cameron did not want a referendum nor does he want to leave the EU. That he has offered a referendum against his wishes is a reflection of his political weakness not his view that he thinks he can win it. We know this because he has made a political mistake. His offer was due to being under pressure from backbenchers who in turn are under pressure from UKIP in the belief that such a promise would win him the next election, and it is an offer made regardless of what concessions Cameron thinks he can spin from Brussels. It is very likely he chose the date as the UK takes over the Presidency of the Council of the EU rather than any other consideration.

The reform option has always been dangerous as it splits the “out” vote to the benefit of those who wish to remain EU members. However Cameron’s promise largely negates the reform option as he can’t possibly hope to have any substantial concessions which he can put to the electorate by 2017. The changes needed to the founding Treaties simply cannot be achieved in time. Thus all he can rely on is what will be unconvincing spin without substance.

And this is where his track record of ‘PR man’, ‘cast iron’ and ‘lack of trust’ becomes an asset to the out campaign. Without Treaty change it will be spin few will believe and it is a mistake we can capitalise on. A mistake that Clegg appears to appreciate very acutely during the Lib Dem conference:
The Lib Dem leader said he was committed to a vote when there was EU treaty reform, but criticised the "arbitrary date" of 2017 set by the Conservatives.
It’s worth noting that the Scottish referendum also had superficial promises of the reform option announced by, among others, Gordon Brown who tried to rewrite the UK constitution on the back of a fag packet in an impassioned speech by offering essentially devo-max to the Scots. Yet the pledge of reform made little difference to the final results which were in line with months of predictions by the polls. Other core substantive issues instead decided the referendum which we will explore later in this piece.

Experience: 
The 1975 referendum was the first ever in the UK, thus there was no real direct experience to draw upon. As a result many mistakes by both sides were made, not least in the failure of establishing a coherent message particularly from the anti-marketeers - with the word 'anti' portraying negative connotations, In contrast we have the opportunity to learn not only from the referendum of 1975 but subsequent ones over AV and Scottish independence, and we can endeavour to try not to repeat mistakes made there.

The Internet:
In 1975 the media and all the newspapers bar one – the communist Morning Star – supported EEC membership. Such support would be similar today, including from the likes of the Daily Mail which in editorials has made it clear it supports EU membership.

However unlike 1975 we now have the internet and everything that comes with it; smartphones, Twitter, Facebook and forums. The establishment no longer has a monopoly on information. Scotland revealed the significance of this development. The independence campaign was a dry run of how an EU referendum would be conducted and it showed comprehensively that unofficial campaigns centered on social media was very powerful.

Indeed the Scottish referendum has revealed that social networking via Twitter and Facebook played a very significant part in the vigorous and intellectual debate to the extent that the “yes” vote remained strong in the final outcome:
The 2008 US election showed how politicians could use it as a campaigning tool, but it wasn't until the Scottish referendum that Britain really caught up.

According to Facebook, more than 10 million interactions were made about the fight in a month. So who won the social media wars - and what can we learn from it? The simple answer is: the Yes campaign was victorious.

The official Twitter account of the Yes campaign has an impressive 103,000 followers compared to 42,000 for Better Together. Alex Salmond boasts 95,000 Twitter followers and Nicola Sturgeon has 66,000 - while Alistair Darling has just 21,000. On Facebook, the Yes campaign page attracted more than 320,000 likes compared to 218,000 for the No.
But debate was not only held on the most well known outlets, there was much passionate debate on forums such as Celtic Football Club’s which ran to an impressive 1674 pages.

It’s also worth noting that during any campaign the URL address http://www.eureferendum.com/ would be much sought after – and this is already registered by Richard North. Typing the words “EU Referendum” into a search engine and links to the country’s premier eurosceptic blog comes top of the search results.

Thus with the internet we can bypass the mainstream media. This is a tactic that was used by Farage in UKIP’s early days. Comprehensively ignored at the time by the media, Farage went under the radar by taking the message direct to people by travelling the country and addressing local meetings. He was to replicate this method in 2013 with the Common Sense tour.

As UKIP proved, such methods can be very effective in getting the message across despite the bias of the legacy media and so it can prove with a referendum in 2017.

There's a strong anti-establishment vote: 
Unlike 1975 where there was more deference to the political system, we now have the obvious decadence of Westminster politics. A decadence which reveals itself by the increasingly lack of quality in MPs, hopeless leadership, the lack of relevance of political parties with membership plummeting, and the electorate itself being treated with contempt and their anger in return.

Revulsion at this decadence and alienation from Westminster is common to both England and Scotland. In England it expresses itself partly in UKIP; in Scotland it helps power the SNP.

Thus unlike 1975, the parties of Westminster campaigning as one in 2017 to stay in the EU could actually prove to be useful as part of an effective anti-establishment campaign which when based around sound exit answers can win over a lot of people, as was shown in Scotland.

The establishment is not always united:
The Scottish referendum illustrated that the establishment campaign epitomised by Better Together was not always united. Although they shared the same aims of keeping the union together the fundamental differences between parties and between themselves could not help coming to the fore. Gordon Brown was sidelined until the last minute, Darling was consistently criticised for running a poor campaign, for example in May 2014:
Alistair Darling has effectively been dumped as head of the campaign to keep Scotland in the UK following crisis cross-party talks.
And naturally there were tensions between the Tories and Labour:
A Labour MSP has criticised his party’s decision to “hold hands” with the Tories in the ‘Better Together’ alliance against Scottish independence and has claimed that the No campaign is now unable to “outline a coherent vision”.
Then arguments over "reform"
The Better Together campaign has been accused of “spiralling into self-destruction” after UK cabinet ministers appeared at odds over enhanced devolution proposals.
And after the vote:
Ed Miliband today publicly snubbed Gordon Brown after thanking every Labour MP who campaigned against Scottish independence – apart from the former Labour leader.
The 'in' campaign is likely to be as split as the 'out' one.

Having a major party on board is not always necessary:
As the SNP found out to its cost, a major party with an official position does not always mean party supporters and members follow suit  - voters in Salmond's own 'backyard' of Aberdeenshire gave independence the thumbs down. Official positions of Labour and the Tories in an EU referendum are likely to be very different to its members when deciding on an EU referendum and there are likely to be splits within.

The question has already been decided:
Should Cameron endeavour to progress with a referendum then it's out of the question that he can manipulate the question. The Electoral Commission has already given its advice to Parliament - the full details of its advice can be found here. In summary it advises:
If Parliament wants to retain the use of ‘Yes’ and ‘No’ as response options to the referendum question, then the Commission has recommended that that the question should be amended to:

'Should the United Kingdom remain a member of the European Union?'

If Parliament decides not to retain a ‘Yes’ and ‘No’ question, the Commission has recommended the following referendum question:

'Should the United Kingdom remain a member of the European Union or leave the European Union?'
The European Economic Area (EEA):
Unlike in 1975 we have an off-shelf economic model in form of the EEA which can successfully nullify the FUD which will undoubtedly be deployed to portray by fear that leaving would be economically disastrous. The EEA was designed as a ‘stepping stone in’ for reluctant countries such as Norway and this can very easily be used as a ‘stepping stone out’. The economic arguments of 1975 would be made redundant:
Let us be clear about one thing: In or out of the Common Market, it will be tough going for Britain over the next few years.
In or out, we would still have been hit by the oil crisis, by rocketing world prices for food and raw materials.
But we will be in a much stronger position to face the future if we stay inside the Market than if we try to go it alone.
Inside, we can count on more secure supplies of food if world harvests turn out to be bad. And we can help to hold down Market food prices - as we have done since we joined in 1973.
The EEA therefore allows us to sideline the economic arguments effectively and so use the referendum to concentrate on the political aspects of the EU which prove to be so unpalatable for the British people (my emphasis):
Public opinion is divided on the detail of Britain’s role in Europe, however. Around three in ten each would prefer to see ‘Britain’s relationship with Europe remaining broadly the same as at present’ (32%) and ‘Britain returning to being part of an economic community, without political links’ (30%). One in five would like to see ‘Britain leaving the European Union altogether’ (20%), with ‘closer political and economic integration’ with other EU member states the least favoured option (13%).”
The 1970's pessimism has gone:
It's not unreasonable to suggest that the early 1970s provided probably the only window of opportunity to have joined the EEC. The UK was beset by a national lack of self confidence not long after "Great Britain had lost an Empire and had not yet found a role", the Suez crisis, devaluation in the 1960's, a global recession, spiralling inflation, collapse of Britain's traditional manufacturing industries and rising unemployment and industrial unrest.

With this in mind it's easy to understand why the UK sought refuge in the EEC. Yet largely as the result of the Thatcher reforms of the 1980s, the UK escaped from the inward straightjacket of its past. Rather than pessimism overshadowing the next referendum a confident UK will now be able to take advantage, outside the EU, of the dominating factor of trade...

Globalisation:
Nothing illustrates the ever decreasing need for single market access for the UK than the rise of globalisation. This is the EU's redundancy notice, its P45. The EU is a relic of the 20th century, a time when the cold war dominated, when memories of war on the continent were still painfully fresh. Yet during the late 1970s and 1980s we had the emergence of other markets such as Japan.

Fueled by the evolution of technology, improved transport (Containerisation) and the growth of multinational companies and trading blocks globalisation is now the dominating factor. With the growth of China and India, the United States for example is increasingly looking east rather than to the EU in terms of importance of trade.

With globalisation has come the increasing importance of global bodies setting international standards. The Single Market, is a collection of regulation which drives the harmonisation of standards, with a view to not only facilitate trade throughout the Communities but to lead to increasing "political union" in the EU. It has primarily a political objective not an economic one.

However the EU acquis of harmonisation is gradually being replaced by international regulation which does not have the same political overtones. As such the EU loses its European distinctiveness and simply becomes a property shared by all members of the WTO, which they will all use as the basis for international trade. The EU's Single Market thus will become redundant. Gradually it is being replaced by the globalised market.

As it stands, as long as we are in the EU, we have a subordinate position, (only 8% of the vote within the EU) on international bodies and the agreements on international standards are negotiated and approved by the EU on our behalf. 


However EFTA/EEA countries such as Norway are able to negotiate for themselves at the top international table and only after they have agreed them are they then processed into actionable law and passed down to regional trading areas such as the EU. The following graph illustrates how this works:
The early '70's demonstrated the UK's lack of ambition and self-confidence by tying itself to an inward-looking customs union based on the European continent.  A 2017 referendum will give the opportunity to argue instead for a vision which was not available in 1975 - a vision that embraces the globalisation one which the UK can fully participate in.

An Exit Plan:
With the above in mind it is essential then that there is a detailed, workable and credible exit plan. Nothing illustrates this better than what has been very apparent from the Scottish independence referendum. The 'yes' campaign was not undermined by FUD, nor by the closing of ranks by the establishment, nor by a loaded referendum question nor by the lack of funds. Instead what the polls clearly showed is Salmond lost primarily due to not answering the currency question:
Meanwhile so far as the issues are concerned, if the Yes side does lose it will probably have done so not least because it never managed to persuade a majority of Scots that the country would be more prosperous under independence. YouGov find in their latest poll that only 35% think Scotland will be economically better off under independence while as any as 47% reckon it would be worse off.
 And:
Of course, describing the patterns of the kinds of people who were more or less likely to vote Yes or No does no more than give us clues as to why people voted they way they did. What we can note at this stage is that women, older people, those in ABC1 occupations and those born elsewhere in the UK were all, according to YouGov’s final poll for The Times and The Sun, relatively pessimistic about the economic consequences of independence. And as we have repeatedly noted on this site, nothing seemed to matter more to voters in deciding whether to vote Yes or No than their perceptions of the economic consequences of leaving the UK.
In other words Salmond did not have a well thought out exit plan to deal with the basics. And failure to address the core problem of currency if Scotland left the Union then plants further doubts in voters' mind about other issues such as; defence, NHS,oil, immigration, EU membership, the Monarchy, pensions and so on. If Salmond had provided answers to these then it is very likely we would be looking at an independent Scotland.

One of the fatal flaws of the 1975 campaign was its inability to come up with a credible alternative to then EEC membership, a situation replicated by Salmond. With a fully workable exit plan we can avoid that flaw and crucially win...

Eurozone:
This is the joker in the pack. Without yet a resolution to the inherent problems of the Eurozone namely it's still only an economic union without the political union necessary its problems are far from resolved. Given that a referendum is likely to take place in September of 2017 (during the UK Presidency of the Council of the EU) it will be at a time that is traditionally one of market turbulence. We could see a Eurozone crisis right in the middle of a referendum campaign.

In many ways therefore we can see that winning a referendum in 2017 is perfectly possible. Reluctance to take a calculated risk until conditions are just 'perfect' obviously begs the question if not in 2017, then when?

Sunday 29 June 2014

EU Exit Has Become Closer

Not unsurprisingly across most of the Sunday papers today are reflections on the fallout of Juncker's election as EU Commission President. While humiliating for Cameron, Juncker's election is great news for those wishing EU exit. The exit door as a result has become somewhat closer. As this Mail on Sunday article highlights with their latest poll:
[Britons] believe Mr Juncker’s victory has probably killed off Mr Cameron’s hopes of persuading people to vote to stay in the EU by grabbing back powers from Brussels before a referendum.
Had Cameron had his way and the European Council blocked Juncker, it would have greatly enhanced his 'reform rhetoric' and his claims of infleunce within the EU. This particularly so when coupled with his untrue claim that he vetoed a Treaty. But with Cameron so publicly humiliated by the EU, his ambition to reform the EU, as Christopher Booker observes, is the casualty of the vote. Any claim that Cameron could somehow negotiate a new relationship for Britain with the EU, then lead a " yes" campaign for us to remain a member, lies in ruins.

This even more so given that Juncker has spent his entire career advocating further EU integration an appointment which is a clear message to Cameron regarding his reform agenda.

Also as Booker notes Juncker's appointment is not good news for the EU either. Not only have they antagonised a major member state but they have landed themselves with a candidate who no-one wanted, including Juncker himself, and who is utterly unsuited to the job:
What is even clearer, however, is that Friday’s debacle has left the EU itself in an even sorrier state than Mr Cameron. It was the Prime Minister who was, forlornly, trying to uphold the rules of that same treaty, by insisting that it is not the right of the European Parliament to nominate a candidate for the presidency. And we are now left with the astonishing spectacle of his colleagues having landed themselves with a man who many of them privately agree is hopelessly unfitted for such a taxing job: a chain-smoking boozer, a bad-tempered loner who hates paperwork... 
Normally initial candidates for the EU top jobs don't end up in the position...the rule of thumb being if you don't want the job put yourself forward. Initial candidates are used as stalking horses which then allows a compromise candidate to emerge - in line with the EU's desire for consensus.

To give an example we can go back to the President of the European Council in 2009. Four candidates were put forward; obviously Tony Blair (who was never going to get the job), Dutch Prime minister, Jan Peter Balkenende, Felipe Gonzalez and Jean-Claude Juncker (he sounds familiar). As we now know Van Rompuy emerged and was chosen - a chap most people had never heard of. Van Rompuy noted at the time confirming EU consensus:
"I will consider everyone's interests and sensitivities. Even if our unity is our strength, our diversity remains our wealth. Every country should emerge victorious from negotiations. A negotiation that ends with a defeated party is never a good negotiation."
What a stark contrast with nomination of Juncker now, there's certainly no consensus, a major member state has been insulted and the EU has chosen an initial candidate against form. And as Richard North argues they did so by breaking Article 17 (7) of the Lisbon Treaty:
In reality, though, the Council would not, by preference, have nominated Juncker. In accepting the Parliament's nomination, they have ceded the power to the Parliament.
That, in my view, breaches the rules at two levels. The Council has not fulfilled its duty, in making the nomination. Secondly, it has allowed another institution to take over its power.
The treaty is very specific in splitting the two functions - nomination on the one hand, and approval on the other. If the intention had been for the Parliament to take over the entire process, it would have said so.
To cede the power entirely to the Parliament is a clear break of the treaty.
Thus the EU is in a mess, Cameron has been shown up publicly that he cannot deliver on reform or influence and he almost certainly cannot recommend an "in" vote in 2017. Add to that his general incompetence and it's difficult to envisage a better framework for the 'outers' to win a referendum. The chances of winning a referendum has improved significantly.

Saturday 22 March 2014

Labour's Referendum Promise

Last Saturday I raised the possibility that Labour's promise to use an 'in-out' referendum to try to ratify a new EU Treaty would not be looked upon favourably by the Electoral Commission. With that in mind I wrote to them seeking clarification, and this is the response I received:
Dear TBF

Thank you for your email to the Electoral Commission.

If a referendum were called the Commission would comment on the intelligibility of the question. In addition under PPERA we would formally nominate ‘Yes’ and ‘No’ organisations. We would also ensure that the public had information to enable them to make an informed choice.

Unfortunately we cannot comment on the nature of the question, that would be for parliament to decide and frame the question. We would only comment on the wording.

Kind regards

Mark Nyack             
Public Information Officer
The Electoral Commission
To me that answer is unsatisfactory. While Parliament can decide and frame the question, the Electoral Commission has to decide whether the question is unambiguous. To frame the question in such a way that it poses 2 questions in 1 is far from unambiguous and thus comes under the EC's remit. The EC is being deliberately elusive here - therefore I have written back to them seeking further and more specific clarification. Again their response will be posted here.

Saturday 15 March 2014

EU: Another Empty Referendum Promise?

It's rather symbolic when in a week where we lose two eurosceptics of “Labour past”, that their successors in the form of Miliband et al reveal their intentions to try to rig a future referendum ensuring we stay as EU members.

This blog and Richard North expressed our deep concerns that with Labour changing the dynamics of a future referendum by shifting the status quo effect in its favour we would inevitably lose an in/out referendum under Labour. This shift was expressed with this promise: "[Labour] guarantees that there will be no transfer of powers from Britain to the European Union without an in/out referendum".

This scenario was most likely given that Labour is very much expected to win the General Election in 2015. Even the Tories are now apparently giving up.

There can be no doubt that Labour knew what it was trying to do. It has been alleged that privately Ed Balls has been arguing that Ed Millband goes for a referendum precisely for the very reasons Richard North urges caution. The out camp is likely to lose and it will settle the question for a generation at least.

Labour cannot be unaware of the status quo effect. Peter Kellner President of the pollster YouGov has written about the status quo effect inherent in referendums in the Guardian:
As in so many referendums round the world, when there is no settled national consensus, the status quo will prevail.
Kellner is also married to the unelected EU representative Baroness Ashton, so we can safely assume that that the issues of the status quo and the impending EU Treaty has been well-discussed domestically thus helping to influence Labour’s latest referendum position.

However one problem has emerged with Labour’s position – the Electoral Commission.

As it notes itself the Electoral Commission is required under the Political Parties, Elections and Referendums Act 2000 to comment on the "intelligibility of referendum questions". This it did most recently with this 81 page report in response to "The European Union (Referendum) Bill" - a private Members’ Bill introduced by James Wharton MP, which passed its second reading on 5th July 2013.

Thus the Electoral Commission had to initiate their standard question assessment process. And as per page 49, and here, the Electoral Commission question confirms that its assessment guidelines are as follows, the question should:
  • Be easy to understand
  • Be to the point
  • Be unambiguous
  • Avoid encouraging voters to consider one response more favourably than another
  • Avoid misleading voters
And here Labour's promise clearly fails the Electoral Commission guidelines. By throwing in the prospect of leaving the EU in a referendum on whether to answer a simple question on a new treaty Labour's proposal effectively becomes two questions in one. For example those who may wish to oppose a new EU treaty but support EU membership will be forced to vote for a Treaty they oppose or vote against the Treaty and so consequently for exit which they don't agree with.

Unambiguous Labour's proposals are not, and nor can it be said it "avoids encouraging voters to consider one response more favourably than another". The prospect of the "nuclear option" does precisely that.

Regarding misleading voters, one considers that even on the basics of a simple 'in or out' question still left voters' confused, as per page 24:
“If you ask me to leave the Tory party, you first have to find out if I’m a member before you ask me to leave.”
(Male, aged 55, mini-depth, London, English as second language)

“Not everyone understands that we are in Europe already?”
(Focus group participant, aged 25-44, C2DE, Colwyn Bay)

“I don’t think we are a member – I’ve never heard of it [European Union].”
(Female, aged 63, mini-depth, Nottingham)
Labour's two questions in one clearly breaches those guidelines. By reading the report in full one can see that the Electoral Commission is nothing if not pedantic. We have similiar examples on the AV referendum and the Scottish referendum (page 12):
  • Completion: participants were asked to answer a proposed question as if for real and identify any words or phrases they found clear, or more difficult to understand .
  • Understanding: participants discussed what they thought the question was asking and any difficulties they had with the question, and the reasons for this.
  • Neutrality: participants were asked to consider whether they felt the question was encouraging people to vote in a particular way, and if so, why they felt that.
  • Improvements: participants considered what improvements they would make to the question wording and discussed their suggestions
  • Comparing alternatives: participants were shown alternative question wording and asked to compare it to the original, and consider whether or not the changes improved the question
Which led to this:
The Scottish government has agreed to change the wording of its independence referendum question, after concerns it may lead people to vote 'Yes'.
SNP ministers wanted to ask voters the yes/no question: "Do you agree that Scotland should be an independent country?" in autumn 2014.
The wording of the question will now be altered to: "Should Scotland be an independent country?" The change was suggested by the Electoral Commission watchdog.
With this in mind this blogger will be contacting the Electoral Commission asking them to clarify their position on Miliband's promise. I will update readers on any response I receive.

What is becoming very clear is the Tories can’t deliver on a referendum by 2017 as Cameron as promised and now Labour almost certainly can’t deliver on a referendum promise because it contradicts electoral law. Again we see our political parties desperate to appear in touch with a domestic audience while actually being completely and hopelessly out of touch with political reality.

One would expect the UK’s most prominent Eurosceptic party to point this out, but I guess its leader has trouble multi-tasking