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More Balls

Further to my recent post about new measures from our Secretary of State for Children, Schools and Families. Foreign readers may be surprised that we have a department for children schools and families (sic). I, on the other hand, am alarmed: even the name indicates the totalitarian intent of the New British state.

Prompted by a clip on TV news, I have now found the full text of Ed Balls’s speech given to the Fabian Society yesterday. Didn’t the resolution to announce new policy to parliament, not outside bodies – in this case a para-Party body – last a long time? It bears close reading:

Excerpt I:

Our ambition must be that all of our young people will continue in education or training.

That is what our Bill sets out to achieve – new rights for young people to take up opportunities for education and training, and the support they need to take up these opportunities; alongside new responsibilities for all young people – and a new partnership between young people and parents, schools and colleges, local government and employers. ….
But it is important to make clear that this is not a Bill to force young people to stay on at school or college full-time. They will be able to participate in a wide range of different ways through:

* full-time education, for example, at school or college
* work-based learning, such as an apprenticeship
* or one day a week part-time education or training, if they are employed, self-employed or volunteering more than 20 hours a week.

But the Education and Skills Bill is a bill of responsibilities as well as a bill of rights.

Because if young people fail to take up these opportunities, there will be a system of enforcement – very much a last resort – but necessary to strike the right balance between new rights and new responsibilities.

Phew – not necessarily locked up in schools then, but on probation otherwise (as will of course any employers be – they’ll have to have enhanced CRB checks, of course). This is enlightening as to what Mr Brown means when he talks about a Bill of Rights and Duties, “building upon existing rights and freedoms but not diluting them – but also make more explicit the responsibilities that implicitly accompany rights…”. It confirms what many listeners will have guessed: you have the right and freedom to do exactly what the big G tells you to. This is the traditional line of Calvinism and Islam, is it not?

Don’t you love that “our young people”? Völkisch, nicht wahr?

Excerpt II:

The second building block [after mucking around with exams and the curriculum some more – GH] is advice and guidance – so that young people know and understand what is out there, and can be confident that they can make choices that will work for them.

First, this means local authorities taking clear responsibility for advice and guidance as part of the integrated support they offer to young people – making sure that youth services, Connexions and others who provide personal support to young people come together in a coherent way.

Second, clear new national standards for advice and guidance.

Last week my colleague Beverley Hughes set out clearly what we expect of local authorities as they take responsibility for the services provided by Connexions.

Third, a new local area prospectus available online, already available from this September in every area – setting out the full range of opportunities available, so that young people can see the choices available to them clearly in one place.

So not only will whether you do something state-approved be checked, but what you do will be subject to state advice and monitoring and made from a menu provided by the state. For the uninitiated Connexions is a formerly semi-independent, and notionally voluntary, database surveillance scheme for teenagers set up under the Learning and Skills Act 2000.

For your information

Well, actually, no. For their information. You have been warned, however. Statewatch notes:

The European Commission is to put forward, on Tuesday 6 November, a proposal to collect personal data (PNR) on everyone flying in and out of the EU. … The data to be collected is almost exactly the same as that being collected under the controversial EU-US PNR scheme.

You recall that famous passage from The Wealth of Nations?

People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to facilitate such assemblies; much less to render them necessary.

It applies with even greater force when the ‘people of the same trade’ are states and their governments.

The right to film the police

I do not pay attention to the Libertarian Alliance Forum, but many do of course, and according to one of these guys, Sean Gabb recently posted there a link to this:

It is a video clip of a bolshy brummy filming a couple of policemen. The policemen spot him doing this and tell him to stop. He tells them to take a hike. He is breaking no laws. He also, as if interchangeably, says: “I’m doing nothing wrong”, and of course I agree. But, however right, and however desirable from the point of view of restraining the misdeeds of the powerful, how long before this kind of behaviour becomes illegal in Britain? I actually worry that too much publicity might be given to stuff like this, because it may give our meddling legislators ideas (was it wise to do this posting?)

Somebody told me last night (I think it was Perry de Havilland) that it is already illegal in some states of the USA to record the police. Commenters here often say that freedom etc. is doomed in Britain and that if you want such things you must emigrate to the USA. Hm.

At present the British Government already films whatever it wants. But cheap video cameras are rapidly becoming so small that soon everyone else who is inclined – rather than just wannabee spies and private investigators with money to burn – may be filming whatever they want, wherever they want. How will that play out, I wonder?

How total surveillance works and does not work

The ubiquity of surveillance cameras in Britain does not appear to be having any very detectable effect upon the level of crime.

Well, actually, that is not quite right. Total surveillance does dissuade the law-abiding from straying across the line. Surveillance cameras do slow up speeding motorists, for instance. But with one exception. They do far less to slow up motorists who are already criminals. These persons have little further to fear from the criminal-processing system than the complications they already have to live with as a result of already being criminals. In the unlikely event that they are traced, driving a car that isn’t theirs or that they have not reported to the various authorities that the rest of us must keep informed about everything, they are processed slowly and clumsily by the criminal-processing system. It is noted yet again that they are criminals, which everyone already knows, and that, pretty much, mostly, is it. Any punishments they suffer are as likely to be badges of honour as they are to be truly feared.

A law abiding citizen, on the other hand, wants very much not to be tarred, even faintly, with the brush of criminality. Being law-abiding, he is not an expert on how the criminal-processing system works and cannot take being processed by it in his stride. He does not know how and when to lie to it, for instance. He does not know how to phrase the statement “Do you know who I am?” in at all the correct manner. So, the law does restrain the law-abiding. (And that is a not insignificant benefit, provided only that at least some of the laws make sense, as a lot of them do.)

The most spectacular and often newsworthy instances of this contrast between the law-abiding and the criminals occur when the law-abiding fight back against criminals when they are attacked by them. When this happens, and in those cases when both parties are scooped up by the police, perhaps because the law-abider summoned the police and the police actually turned up, the criminals often come off better, because they then know how to handle things. The criminal lies about having aggressed, and in due course walks away. The law-abider tells the truth about how he defended himself, and can land in a world of trouble.

The effect of total surveillance, then, when combined with the rest of the criminal-processing system, is not to abolish criminality, but rather to ensure that we all have to decide, as one big decision for each of us: Am I going to be a criminal, or not? If I am, that’s one set of rules, criminal rules, which I must obey. If I am going to be law-abiding, then I must obey the law, whatever that exactly is. (And at all times, now that all infractions can be photographed and recorded for ever, everywhere. If that is not the case now, it soon will be.) But, because the law is so very intrusive and annoying and so full of complexities and arbitrarinesses and injustices, that creates a constant pressure on people to say: To hell with it, I’m going to be a criminal. Meaning: someone who doesn’t care who else knows he’s a criminal, and who can accordingly relax about being totally surveilled.

Let me be clear. I do not recommend the abolition of the criminal-processing system merely because it has such severe limitations. There are not nearly enough prisons to accommodate all criminals, but there are some. And my clear understanding is that a much higher proportion of the people in them are what I understand by the word “criminals” than is the case out here in the big, progressive, open prison that total surveillance is creating for the rest of us. Becoming a criminal means buying, so to speak, an anti-lottery ticket. If you lose, that is to say if you become a criminal and the criminal-processing system decides to go after you, you can suffer, and I hope that this is not merely wishful thinking on my part, quite severe grief. But it is also now my clear understanding that the odds facing the purchasers of these anti-lottery tickets are now quite good, and that the anti-prizes, even if you are awarded one, are in many cases not that severe. None of which deters criminals very much. They have placed their bet. But it must surely deter a great many people from deciding to become criminals in the first place. It certainly deters me. (But then, I have a lot to lose.)

The above ruminations are a mixture of my own opinions and those supplied to me by Theodore Dalrymple in a recent City Journal article. If you want to read his opinions uncontaminated by mine, do.

And so it goes on

They keep on coming on, like a sort of rank of killer insects in one of those terrible B-movies. Here is the latest shaft of wisdom from the judiciary:

The entire population of Britain – and every visitor – should be added to the national DNA database, a senior judge has argued.

Marvellous. None of that “presumed innocent” namby-pamby nonsense.

Appeal Court judge, Lord Justice Stephen Sedley, said the database, which holds the DNA from millions of suspects and crime scenes, should be extended to all residents and even tourists, in the interests of fairness and crime prevention.

Fairness? What about the state and its officials leaving the innocent alone and not demanding every greater controls over our lives? Has this judge read his Blackstone lately?

“Where we are at the moment is indefensible,” Sedley told BBC radio.

I agree. It is indefensible that such a person holds such office. Cleaning toilets might be more his line:

“Everybody, guilty or innocent, should expect their DNA to be on file for the absolutely rigorously restricted purpose of crime detection and prevention — and no other purpose.”

“For no other purpose”. Why, are there other purposes that the judge knows about?

State security theatre

This is a public service announcement to save time for those who would rather get on with irrelevant vituperation and not bother digesting the point of my post: In a moment I’m going to say something positive about Gerry Adams.

First, consider this from The Washington Post:

The government’s terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list’s effectiveness.

A range of state, local and federal agencies as well as U.S. embassies overseas rely on the database to pinpoint terrorism suspects, who can be identified at borders or even during routine traffic stops. The database consolidates a dozen government watch lists, as well as a growing amount of information from various sources, including airline passenger data. The government said it was planning to expand the data-sharing to private-sector groups with a “substantial bearing on homeland security,” though officials would not be more specific.

….

Jayson P. Ahern, deputy commissioner for U.S. Customs and Border Protection, said focusing on arrests misses “a much larger universe” of suspicious U.S. citizens.

“There are many potentially dangerous individuals who fly beneath the radar of enforceable actions and who are every bit as sinister as those we intercept,” he said.

Gotta love those adjectives: “Potentially dangerous”, not “dangerous”. “Dangerous” would invite the question: How dangerous, exactly? And: What mayhem have these invisible pseudo-threats caused that the forces of security could not have created all by themselves? As for the visibly suspicious, the “sinister”, just how threatening they are is shown up by the US Customs and FBI’s own account – a “small” number of arrests, not necessarily related to terrorism, a number in the hundreds turned back at the airport. Which can happen even if you have been arrested without charge at some other time in your own country and didn’t realise that in consequence you need a visa.

Which brings us to Mr Adams. → Continue reading: State security theatre

Permission to leave the country denied

Lately it seems that hardly a week goes by that we do not get some new chilling preview of the Police State that many in the political class are trying to bring about . How about this one?

Tens of thousands of people who have failed to pay court fines amounting to more than £487m would be banned from leaving the country under new powers outlined by the Home Office. Ministers are also looking at ways of using the new £1.2bn “e-borders” programme to collect more than £9m owed in health treatment charges by foreign nationals who have left the country without paying.

The programme, to be phased in from October next year, will also allow the creation of a centralised “no-fly” list of air-rage or disruptive passengers which can be circulated to airlines. The e-borders programme requires airlines and ferry companies to submit up to 50 items of data on each passenger between 24 and 48 hours before departure to and from the UK. With 200 million passenger movements in and out of the UK last year to and from 266 overseas airports on 169 airlines, an enormous amount of data is expected to be generated by the programme.

Of course as the government freely admits, it will use this to monitor everyone’s movements for all manner of purposes beyond “air-rage” or people using the NHS. I can only imagine how quickly the list of thing that will get you stopped at the border is going to grow. Sorry, you have an appointment with a ‘social’ worker next week and we need to make sure you turn up. Failed to put your recycling out? BBC tax not paid yet? Outstanding parking tickets? Your carbon ration has been used up? Your kiddies refusing to attend the local educational conscription centre?

You think I am joking?

Some people really do hate freedom

And not just for other people, which is the usual way of things:

I am responsible. I think. I care. I hold myself back from all sorts of desires and wishes which are impulsive, brought on by the clamour and disturbance of this corrupt over-materialistic world we live in, separated from nature and in intense competition with each other. We live in a sick society which is not going to cure itself. Like small children, we need forcibly calming down, we need to be held to account, we need to ‘learn’.

You may find this deeply disturbing as a view. But then, I’m not romantic about our so-called ‘liberties’ as Henry Porter is. I’m not a sentimentalist about old-style ‘freedoms’.

A commentator on Henry Porter’s article Each DNA swab brings us closer to a police state on the Observer website. Depressingly much more where that came from.

The neo-puritans hate their own desires and the possibility of choosing between them. They think surveillance is good because ‘if you have done nothing wrong you have nothing to fear’, and they know you need watching in case you might do something wrong. They have bad impulses too, which by awful effort they control. The total control of the state – conceived as an undesiring arbiter of good – can relieve us of the burden of choice and keep us working for the good of society. It will free us from fear; because the freedom of bad people, who might be anyone, is what we have most to fear.

A horrendous development

The impulse to control everything pervades those who make up the governmental class. That is, after all, why someone decides to spend their working life in politics and applying the collective means of coercion to others. The extent to which this desire to impose force backed control can be realised is exactly what defines whether or not you are ‘free’ or a ‘slave’ of the state.

So when yesterday I read that the state plans to take DNA samples that will be retained forever, from people accused of speeding or littering or failing to wear a seatbelt, I realised that if this happens, we will have finally reached the point where the only response left to being stopped for even the most minor offence, is to run and if need be to use violence to escape, and to make no apology for that if you are caught. The offences are trivial but the prospect of being DNA sampled upon being accused of a trivial offence, and that being kept on record forever, is something worth getting violent about. Being fingerprinted is bad enough but this is intolerable.

The only thing that will stop this appalling state of affairs from coming to pass is if enough people react with outrage to this proposal.

The sooner my affairs contrive to let me get out of this godforsaken country the better.

A modern Macchiavel

For those here determined to hate the BBC and all its works, here is a reminder that it does do some useful things. That it isn’t quite in the mould of the fawning state broadcaster found almost everywhere in the world. Along with a reminder that some would like it to be.

This week File on 4 did the first really serious, probing investigation into HM Government’s National Identity Scheme that there has been in any media yet. You can listen to it here, and it is full of fascinating things for the attentive listener.

The most extraordinary is this testimony from IT consultant Peter Tomlinson:

The meetings were called by people in the Cabinet Office. There were topics on the agenda that were set by people in the Cabinet Office and we kept on thinking: why are we not seeing people from the Home Office.

Why are we not seeing technical people from the Home Office, or people involved in technical management? Eventually they began to come along but they never produced anyone who had any technical understanding of large-scale systems. We were just completely puzzled.

This is the first really solid public evidence I have seen that the scheme really is [or was?] intended by strategists at the highest level as a complete population management system and revolution in the nature of government, rather than being one by accident. That it is the emanation of a philosophy of government. It is it is not always good to have one’s analysis confirmed. In this case I would prefer not to have been vindicated.

Remember Philip Gould? He’s one of those high-level strategists.

This is not some silly idea of the phoney left. It is a mainstream idea of modern times. It is a new kind of identity and a new kind of freedom. I respect the noble Lords’ views, but it would help if they respected the fact that the Bill and the identity cards represent the future: a new kind of freedom and a new kind of identity.

The philosophy is probably best summed up by a word from Foucault: governmentalism. Christopher Booker to the contrary, it is not a ‘mental’ creed of “The Mad Officals” but a pervasive pragmatism – using the natural history of humanity the better to shepherd it. The better shepherd is a member of the new innominate politico-bureaucratic class: maybe a civil ‘servant’, maybe a politician, maybe officially neither.

And just today a new example of the sage. A strategy memo has leaked to the Daily Mirror’s sharp political editor Kevin Maguire. Lord Gould allegedly writes:

No-one in Britain should have any doubt about what you stand for, what you want to achieve. You should position yourself as a powerful, muscular modernisation politician with the power and the determination to change Britain. You should aim to be a great reforming PM.

You have to meet this mood for change. You have to exemplify renewal and a fresh start.

Your Premiership has to have a dynamism and an energy that pulls people along in its slipstream. You must become the change that Britain needs.

There is a name for this, too. It is one of the most widely used populist techniques in world politics: Strong Man government, tribal leadership, caudillismo. A national security state, presided over by a Big Man – has “a nation of freemen, a polite and commercial people” (Blackstone), really come to that? When exactly did liberty become such a minority taste in Britain that it were possible?

[Just a footnote on the BBC below the fold.] → Continue reading: A modern Macchiavel

A wise observation from across the pond

I missed this sharp and wise article by US columnist Jonah Goldberg a few days ago – but I had the excellent excuse of being on holiday – but his piece, which nicely sums up what is happening in Britain from a US perspective, demonstrates how some Americans are waking up to what a nannied country Britain now is. Of course, north American readers of this blog have been aware of this progressive infantilisation of the UK adult public for some time.

The question that keeps coming up, and which makes an appearance in Jonah’s article, is exactly when will the conveyor belt of nanny-state interference in our liberties stop? When, exactly, does the excrement hit the fan? Just how bullied do we have to be before something snaps?

I am still none the wiser as to whether we really know the answer to those questions.

The lynch-mob will be televised

Not only is innocent until proven guilty on the way out. The idea of limited and defined punishment for crime is too.

It appears the Sex Offenders Register which is supposed to…. well, I am not really sure what it is supposed to do, other than provide meat for the slavering tabloids, creates an ad hoc police power to get you banned from performing on TV. The BBC reports Police alert over TV contestant, in which a police spokesman says:

“There were concerns that with him being on the programme he might be seen by his victim or the victim’s family and there would be consequences from that. Lancashire Police spoke with the producers and suggested that it would not be in anyone’s interests for him to continue with the programme.”

One does not suppose the “victim or victim’s family” could remain unaware after an entirely predictable national media alert. And the consequences for the man concerned of hundreds of thousands, perhaps millions of people who had no reason to know being told in the broadest terms he is “a sex offender” and the rest left to the mob’s squalid imagination? While ‘sexual offences’ is a broad category, from thought-crime, to bad manners, to genuinely consensual but officially barred conduct, … to the most serious violent crimes, one can be registered for any of them, even if there is no trial and no other punishment. The public obsession runs only one way, however.