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The Home Office in action (II)

It may be disgustingly authoritarian, but it is risibly incompetent too. It appears the Home Office has just spent a very large amount of UK readers’ money making a vast online advertisement for NO2ID. We’d despaired of reaching ‘the youth’ ourselves, too expensive. I’m very glad they decided to do it for us.

With audience participation. Which embarrassingly for the Home Office shows ‘kids’ not to be quite the suckers they’d hoped. Enjoy.

The Home Office in action

I have spent twelve of the last sixteen years of my life living as a foreign citizen in the United Kingdom. I have spent this time on a mixture of student visas, the “UK ancestry” visa (which allows citizens of Commonwealth countries with a British grandparent to live and work in the UK) and for the last two and a half years as a permanent resident (or with “Indefinite Leave to Remain”, as the British immigration jargon has it). My immigration status has always been pretty uncontroversial, I have never been a drain on the resources of British taxpayers (quite the opposite, given the taxes I have paid). This has not stopped the Home Office from insisting that I jump through a whole variety of bureaucratic hoops, answer a large number of impertinent questions, and suffer an assortment of petty humiliations with a fair amount of regularity. The level of competence of the Home Office in administering all this has never been high – when I was studying at Cambridge, it was well understood that the usual way of renewing a student visa involved sending your passport to the Home Office, and then applying to your country’s embassy a few months later to replace a lost passport before making a quick trip to France to get your paperwork processed at the border on the way back – but in recent times (the start of which coincides quite closely with the Labour Party coming to power) the frequency with which hoops must be jumped has increased and the fees that must be paid to jump through each hoop have become ever higher.

However, last week, my need to deal with the Immigration and Nationality Directorate of the Home Office came to an end. At an in truth rather touching ceremony at Wandsworth Town Hall, I affirmed my allegiance to Queen Elizabeth the Second and was naturalised a British citizen. This does not affect my Australian citizenship, and I now have dual nationality. A couple of days later, I did what most new citizens do fairly quickly, and sent off an application for a British passport. The fee that is payable in this instance is not nearly as high as that payable when renewing an immigrant visa these days, but must none the less be paid. The passport application form came with another form on which I could fill out credit card details to pay the fee. The form stated that I could check the current fees on the website of a different section of the Home Office, the recently renamed Identity and Passport Service, or that I could alternately leave the amount blank on the form. The amount of the fee is not printed anywhere on either of the forms: this presumably makes it easier for the Home Office to increase the fees repeatedly without the trouble of reprinting forms. If I did this, the Home Office would charge the correct amount to my credit card and there would be no delays due to the possibility of my incorrectly sending the wrong amount. I therefore left this blank. On Tuesday, I noted that the approximate amount that I expected had been charged to my credit card, and I was set to receive my new passport within a couple of weeks.

However, yesterday I received a letter stating that my passport application could not be processed because I had not paid the correct fee, and this would not be done until I sent an additional £3. What apparently happened was that someone received my form, filled in an incorrect amount, and then somebody else noted that I had paid the incorrect amount and sent a letter to me demanding more money. If I had filled in the form with the correct amount in the first place, this would not apparently have happened. I was able to rectify this today by calling the enquiry line of the Identity and Passport Service, explaining the situation, and giving them my credit card details again so I could be charged the additional £3. My passport will hopefully still come in a couple of weeks, but it has been delayed by this and I have been inconvenienced. The enquiry line was an 0870 number, for which the charges are high and the called party receives a portion of the charge for the call, so I have paid a small amount of additional money for this, too.

This is all mildly amusing, but there is perhaps a moral. Theoretically, when I became a citizen, one thing I gained was the right not to suffer the petty humiliations and bureaucratic hassles and incompetence from the Home Office that a non-citizen goes through just to live here. I would personally argue that such humiliations and hassles are no more justified in the treatment of non-citizens than they are in the treatment of citizens, but the population as a whole does not generally seem to agree with me, and politicians seem to believe that there are electoral points to be gained in actually increasing and enforcing such hassles.

Or perhaps not. Perhaps this is just a demonstration of the nature of our government and our bureaucrats. It is not hard to see the ID card as little more than a way to extend the humiliations and hassles that non-citizens receive to the time after people become citizens, and to extend them to the native born as well. The Home Office body that will implement and enforce the ID card and associated database is of course the Identity and Passport Service. It is not terribly encouraging that my first interaction with this Service after becoming a citizen involved their making an error for which they blamed me, charged me, and inconvenienced me, even though I had done everything correctly. I suspect we should all get used to it.

Assault on privacy online continues

Pretty gruesome stuff happening. This is old news:

The ongoing Google/YouTube-Viacom litigation has now officially spilled over to users with a court order requiring Google to turn over massive amounts of user data to Viacom. If the data is actually released, the consequences could be far more serious than the 2006 AOL Search debacle.

But this not so. And happening via backdoor of telecoms regulation.

The Telecoms Package (Paquet Telecom) is a review of European telecoms law. […] buried within it, deep in the detail, are important legal changes that relate to enforcement of copyright. These changes are a threat to civil liberties and risk undermining the entire structure of Internet, jeopardising businesses and cultural diversity.

The bottom line is that changes to telecoms regulations are needed before EU member states can bring in the so-called “3 strikes” measures – also known as “graduated response” – of which France is leading the way, but other governments, notably the UK, are considering whether to follow. A swathe of amendments have been incorporated at the instigation of entertainment industry lobbying. These amendments are aimed at bringing an end to free downloading. They also bring with them the risk of an unchecked corporate censorship of the Internet, with a host of unanswered questions relating to the legal oversight and administration.

The Telecoms Package is currently in the committee stages of the European Parliament, with a plenary vote due on 1st or 2nd September. This does not leave much time for public debate, and it reminds me of the rushed passage of the data retention directive (see Data Retention on this site). It is, if you like, regulation by stealth.

These two items have in common the attempt to undermine the infrastructure of the net/web by controlling those who provide or maintain it. Not good.

Putting the ‘con’ in consultation

You may not know that a Home Office minister is touring the UK holding ‘consultation’ meetings about the National Identity Scheme, and that it is more nonsensical than even the average government consultation exercise. She is, however, and nothing will be allowed to stand in her way. 3 members of NO2ID were arrested this morning for “suspected breach of the peace” while protesting outside the venue of the Edinburgh consultation exercise. Making ministers look bad will these days get you hustled away by police, apparently.

The reason the ‘consultation’ is even more fatuous than usual is this. There is no question the intention is to go ahead: the legislation was passed two years ago. And any questioning of the plan is ruled out of order – if not, indeed, arrestable. The object of this tour is to gather together “stakeholders” – businesses and voluntary organisations, and to persuade them that helping the government strong-arm their customers, staff and volunteers into enrolling will ultimately be for the good of all. In fact it seeks suggestions from them how best to get universal compliance.

Rounding up any dissidents is the last resort, of course.

Update: Apparently 9 people are still in custody at time of writing (18:20 BST). Hat-tip: Glasgow Herald, who called me for a statement.

Update 2: (06:23 BST) You can read the account of Geraint Bevan, of NO2ID Scotland, here. (The hard scientists among our readers will be pleased to know that the ‘Dr’ signifies Geraint just got his PhD in engineering.)

32

No, it is not a streamlined version of the answer to life, the universe and everything. It is the maximum number of aspirin in a bottle available at the local Clear Pharmacy. According to the Pharmacist on duty, that is the largest number sellable without a prescription.

I am sure I looked perplexed with my jaw hanging open during the few speechless moments before I came out with the only answer I could think of: “You must be joking.”

Before you get too uppity about freedom in America… the last time I bought 24 Hour Cold Capsules in Manhattan I had to sign a register so the government could make sure I was not going to use them to make ‘speed’.

“We’re from the Government. We’re here to help you.”

Not.

PS: Can anyone confirm this is really, genuinely true? I am still having trouble believing it myself. It is just, too absurd.

David Davis says that the CCTV cameras are not working well enough

Much has been said about David Davis’s motives for doing what he’s doing. He is vain. He is mad. He is bored. My opinion? He is a politician. Politicians are vain, often mad. Politics is mostly very boring. I say: Who cares what Davis’s reasons are for saying what he is saying, and doing what he is doing? What matters is what messages he is sending out and what impact, if any, they will have.

I applaud Davis for communicating a general unease concerning civil liberties. What Davis said in his campaign blog yesterday about the DNA database will surely please our own Guy Herbert, if it has not done so already :

…why should a million innocent people and 100,000 children be kept on the DNA database? This is the state exceeding its powers.

Indeed. However, Herbertians may also be somewhat surprised and not a little distressed by what Davis said in that same posting, immediately above that bit about the DNA database, on the subject of CCTV cameras:

… I have been explaining that I am not against CCTV – but if it is going to be used the cameras should be able to provide clear images and all of the evidence should be usable in court. Currently only 20% is usable. At the moment we just have a placebo effect for Citizen UK.

His objection to the cameras is: that they do not work well enough! We are not, in this matter as in so many others, getting as much government as we are paying for. Of the possible damage to British society that might result from it being constantly spied on by officialdom, with very good cameras, for which David Davis will surely not have to wait long, he says, at any rate in this posting, nothing.

As I say, David Davis is a politician. Be thankful for small mercies, but do not assume any large ones from this man.

Heller and no-knock raids

So the Supreme Court’s opinion in Heller really has me wondering. Will this have any effect on the practice of so many police departments, especially big city ones with bright shiny SWAT teams, to use middle of the night no-knock raids when a less dramatic approach might have been a better choice? Will it encourage better investigations of exactly who’s home they are breaking into before they begin battering down doors?

I suspect but haven’t checked that most of these raids occur in jurisdictions that do, quite likely to soon be ‘did’, not permit armed self defense in one’s home. I further suspect the unspoken reasoning was too often, ‘Don’t worry about it. If they’re not bad guys, they won’t be armed’.

Reasons for getting rid of this government, ctd

Up to a quarter of all adults are to be vetted to ensure they are not kiddie-abusing maniacs, as part of an effort to protect youngsters under the age of 16 in cases such as voluntary organisations and so on.

And people wonder why there is sometimes a shortage of volunteers for things like youth clubs and the like. The destruction of civil society, of the bonds of trust that are vital to such an organic, grass-roots cluster of non-state institutions, is remorseless and deliberate. This government, in its totalitarian way – I use that word quite deliberately – wants to make all human interactions subject to its tests. The consequences for the long term health of civil society, and of the ability of people to grow up normally, are ignored.

None of this is to say that the issue of child abuse is not serious, nor deserving of legal action to protect children from child abusers, who deserve the strongest punishment. I really do wonder, however, whose interests are served by the sort of vetting processes that the state is embarking upon. One hears examples of how adults are sometimes reluctant to help a kid because they are frightened they will get some sort of complaint later on. That cannot be good.

It is sometimes lazily assumed that this present Labour government is not “radical” like its predecessors. But that is only a superficial issue. In substance, this is arguably the most dangerously radical government in modern times in terms of its view of how individuals interact not just with the state, but with each other.

I wonder whether they have thought this through

The BBC reports that our mad government is about to attempt to warp time by the application of law:

The government is to bring forward new legislation to outlaw all forms of age discrimination, the BBC has learned. Equalities Minister Harriet Harman is expected to announce the plan on Thursday as part of a package of measures in an Equalities Bill.[…] Travel, health and motor insurance is also expected to be included, where cover is simply withdrawn beyond a certain age or is prohibitively expensive.

How is this going to work with mortgages, and those annuities that HMRC forces people to buy with their pension funds on retirement? Women live longer, so they get less for their money in retirement annuities, which they wouldn’t with another investment.

(Digression: Annuitants also pay more tax than they might from some other forms of investment. This is one explanation for HMRC maintaining insurance companies in this monopoly. That’s slightly more creditable than the one that senior tax officials and treasury ministers are accustomed to give more effort to understanding of the problems of the big financial institutions than those of ordinary pensioners because they have an eye to supplementing their own retirement funds by directorships and consultancies.)

It gets weirder:

Under plans to make workplaces more diverse, Ms Harman wants to allow employers to appoint people specifically because of their race or gender. The proposals would only apply when choosing between candidates equally qualified for the job. But it means, for example, women or people from minorities could be hired ahead of others in order to create a more balanced workforce. Some employers argue they already do this, while others may say these policies will need careful handling to reduce the risk of causing resentment amongst existing staff.

You don’t say. The capacity for bureaucrats lunacy, personal distress, and horrifically abstruse legal dispute where racial and sexual discrimination is both banned and permitted at the same time is going to be vast.

I predict an efflorescence of debates between ‘equalities’ officials in which several contradictory standards are created. (Should recruitment ‘represent’ the locality or the country at large? is its current makeup relevant? Or can you hire an exclusively Kazakh workforce because they are the only Kazakhs in the country?). Ethnic and other demographic categorisation of individuals will be even more ramified. And employers will be under more pressure to collect information about people’s family background and personal habits in order to ensure they are either correctly not discriminating, or discriminating correctly.

The government has faced criticism from some quarters for presiding over a society which has arguably become more unequal.

All animals are unequal, but some animals are more unequal than others. All it requires is an official licence.

States of siege

The assault on liberty could be worse than it is in the United Kingdom. We are nothing like Zimbabwe, say – or Jersey.

Jersey? Yes. And I don’t mean the partly imaginary lawless land of the Sopranos and Frank Sinatra. The supposedly sleepy tax-haven and holiday resort a few miles off the Normandy coast, the oldest possession of the English Crown still in hand*, has entirely astonishingly, and almost secretly, converted itself a police state in the last fortnight:

The report in the Jersey Evening Telegraph is so concise it can only be quoted in full:

The Home Affairs Minister has sent shock waves through the legal profession by authorising the indefinite detention of suspects without charge.

On 5 June, Senator Wendy Kinnard amended the criminal code that had limited pre-charge detention to 36 hours.

She did so under delegated powers enjoyed by the minister under the terms of the Police Procedures and Criminal Evidence (Jersey) Law.

However, that same law states that before such changes to codes are made, the minister is required to publish a draft of the changes and consult interested parties. She did neither of these things – a failure that has left the Island’s criminal lawyers stunned.

The new code came into force on Thursday, but no statement was released to either the media or the legal profession.

Why? What crisis of state is afflicting the Channel Islands?

Suspicious British readers may note that Jersey ministers are accustomed to do what they are told by the UK government. The facts that this peremptory administrative action shortly preceded the House of Commons debate on police detention powers, and that the resistance to HMG’s policies had had some effect by pointing out there are other jurisdictions, where the gutters do not run with human blood, in which long detention without charge is unknown, may be entirely unrelated.

* Pedant’s corner: the dukes of Normandy held the Channel Islands for more than a century before they took possession of the English Crown.

Openly amoral: a man designed to go far in politics?

Neil Glass, who writes under the pen name David Craig, is to run against David Davies with these immortal words:

My message is that the 42 days issue is not important to most people as we are unlikely to be affected by it. However, living on the national average salary as I do, I believe that what is important to taxpayers is how MPs have become overpaid, out of touch and are wasting billions of pounds of our money when the cost of living is spiraling out of control.”

So other people’s liberty, meh, who cares about such trifles? All that matters to Neil Glass is having money wasted. Truly here we have an unabashedly amoral man …who will feel right at home in politics. The fact he would give half him MP pay if he won (which he won’t) to charity is a political device, nothing more. This is not a person I would care to shake hands with, to put it mildly, as by doing this he is overtly running against civil liberties.

Melanie Phillips misses the point

On her blog over at the Spectator website, Melanie Phillips, a writer with whom I generally agree on certain things, not least the right of Israel both to exist and defend itself, writes what I think is a poor article on David Davis’ recent decision to hold a by-election in his parliamentary seat to highlight the loss of civil liberties:

Much is being made in some quarters of the apparent gulf between the view taken of David Davis’s resignation by the political and media village (he’s lost the plot/is a one-man plot/is a monstrous narcissist) and the public (he’s a hero fighting for Britain’s ancient liberties). I can’t help but see all this as yet another example of the replacement of reason by emotion. I can certainly see that Davis has touched a popular chord among people who feel passionately – and I have much sympathy with this – that MPs no longer act in the public interest and no longer speak for them but instead are machine politicians whipped by their party leadership into a systematic denial of reality. I also sympathise with the general view that the state is encroaching more and more oppressively into people’s lives – the abuse by local councils of anti-terrorist legislation being a case in point. To that extent, the quixotic Davis is surfing the popular tide of anti-politics, which explains much of the support he is getting and is not to be under-estimated.

“Much is being made”. Yes, that is because the loss of civil liberties and the spread of the database state has reached the point where ordinary members of the public – those ghastly people – are getting riled. David Davis is a sufficiently paid-up member of the human race to have spotted this. But to dismiss his action as some sort of Dianaesque emotional display, rather than what is in fact a pretty shrewd, calculated act seems a bit patronising. And then we get to the reasoning that explains why Ms Phillips dislikes what Mr Davis has done:

Second, he says he is against 42 days because he stands for the hallowed principle of not locking people up without charge. So does that mean he is against the 28 day limit as well? And if he is, then surely he has to be against the 14 day limit that preceded it, and the seven day limit before that. Indeed, according to the principles he has laid down he has to be against any detention before charge at all. Similarly, he says he’s against the whole ‘surveillance society’ including speed cameras, DNA databases, CCTV and so forth; yet he also says he’s not against all of this, and doesn’t want to get rid of all DNA testing because some of it is perfectly sensible. So what exactly is he fighting for? And why couldn’t he do so within his own party, which largely takes precisely the view he professes? Has he given this any systematic thought at all? Despite his SAS image and multiply-broken nose, is he not merely beating his chest and emoting, in tune with the sentimental irrationality of the age?

Well, leaving aside the snide remark about his “SAS image”, I am not sure how Mr Davis would reply to all of those points but his recent remarks make it pretty crystal clear that he is against the holding of DNA on innocent people, for example, or even shorter periods of detention without trial. Ms Phillips, presumably, is in favour of all the above and more.

Then we get an argument that Mr Davis is in favour of all this “emotional” civil liberties stuff because he is insufficiently aware of the threat Britain faces from Islamic terrorism:

It also strikes me that there is a strong and quite vicious sub-text to the support he has been getting within certain political circles, which are backing him against what they call the ‘neo-cons’ in David Cameron’s circle — by whom they mean in particular Michael Gove and George Osborne. The thought-crime committed by these two is to analyse correctly the threat to this country posed by Islamism and to support America in its fight to defend the free world. The anti neo-cons believe, by contrast, not merely that Britain must put critical distance between itself and American interventionism, but that the threat to Britain from Islamism is hugely exaggerated, both from within as well as from without. It is in that context that they maintain that 42-days is unnecessary because the dire warnings about the likely threat to this country are unproven and that the extension of the detention limit is instead a Trojan horse for the willed erosion of our ancient liberties.

The reasoning is weak. It does not seem to cross her mind that one might be as concerned as the next man about terrorism – as I am – without feeling the need to chuck out long-standing protections of the individual that were not even removed – or at least only shortly – during emergencies such as the Second World War. It may be that some people on the right dislike the “neocon” argument out of some naive attitude about terrorism, or some sort of hatred of Israel/America, etc, but that does not appear to be the case with Mr Davis. As far as I can tell, he is very much from the Atlanticist tradition of conservatism.

Ms Phillips is also playing to the bad argument that to be a defender of liberty is to be a softie on security. We have to absolutely nail this terrible idea that you can trade off one against the other.

By contrast, here is a cracking article that takes Mr Davis very seriously indeed.