Saturday, November 21, 2009 

Weekend links.

Not a lot around this weekend, so I'll keep this relatively short and sweet. Paul Linford thinks the Queen's speech was another missed opportunity for Brown, 5CC discovers, incredibly, that carol singers haven't been banned, Sim-O has a look at the BNP's view of the equality act, Anton Vowl imagines that Rupert Murdoch is completely benign, and also takes a gander at the comment of both Peter Hobbins and the red ink brigade in the Mail's section, the Heresiarch notes the EU's unelectoral politics while Sunder Katwala has a fascinating early history of ethnic minority candidates and representatives, circa the turn of the last century.

In the papers, or at least their sites, Matthew Parris doesn't think much of the Queen's speech, Janice Turner is not very convincing on how a small band of warriors turned away the scourge of modern life which is lap dancing, Andrew Grice has some background to how out of nowhere, Baroness Ashton became the EU's foreign minister, Christina Patterson notes what we have to learn from the Sikh who might become the BNP's first non-white electoral candidate and Peter Oborne thinks Blair looks haunted and has a lot to be haunted by.

As for worst tabloid article, the only real contender is Karol Sikora, who denounces NICE as a "Stalinist quango", denying cancer drugs which are available elsewhere in Europe. Clearly instead we should leave such decisions to elected ministers, who can't even begin to make a cost-effective analysis and are completely open to political pressure, from both campaigners and drug companies alike. This would also be the Mail that loathes taxes wanting even more money to be spent on drugs that give only the slightest amount of extra, often painful, life. Why not go the whole hog and call it a death panel, as the right in America seem to think the NHS is all about?

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Friday, November 20, 2009 

The war against evidence of torture continues.

How then goes our glorious government's consistent attempts to stop any primary evidence emerging of our collusion in, if not open acceptance of the use of torture when it came to interrogating suspects caught up in TWAT (the war against terror)?

This week brought rulings to please both sides. Yesterday, for the sixth straight time in a row, the high court rejected the claims of the Foreign Office that to reveal seven paragraphs of a CIA memo sent to MI5 and MI6, a memo which almost certainly details the "treatment" which Binyam Mohamed was being subjected to whilst detained in Pakistan, would damage national security and could potentially stop the CIA sharing information with us. This is, as the judges have repeatedly argued, preposterous. According to them, the memo contains no actual secret intelligence, instead rather a summary sent to the intelligence services on Mohamed. What the memo almost certainly does contain though is prima facie evidence that MI5 and MI6 knew years before they previously claimed that the US was either conniving in or actively mistreating prisoners indirectly under their care or supervision.

In the latest ruling, the judges make clear that one of the paragraphs makes reference to the infamous Bybee memo, released by the Obama administration earlier in the year. The Bybee memo details exactly how Abu Zubaydah, then the most senior al-Qaida operative in US custody, could be tortured, supposedly without breaching the prohibition against torture in the United States code. In a section which remains redacted, there is apparently a verbatim quote from the memo: apparently we can't see what the Americans have already released to the world. To infer, it looks as if the memo is justifying, or explaining to the intelligence services in this country, that Mohamed will be or has been treated in a similar fashion, and that because Bybee OKed it, there's nothing to worry about on the legality front.

The real reason then why the government is so determined to keep this memo secret is that it contradicts everything they have maintained over the alleged intelligence service collusion with torture. Not just the government story, but also the story which the intelligence services themselves have continuously thrust down our throats. They told the intelligence and security committee that they only joined together the dots on what the CIA was doing when the Abu Ghraib scandal broke, claiming that despite knowing about the rendition programme, there was "no automatic connection between secret facilities and mistreatment". To call this laughable would be putting it too lightly; that the ISC believed this most blatant of lies, this lack of intellectual curiosity and complete failure to put two and two together is why it ought to be disbanded and a watchdog with real power to monitor the security services immediately set-up in its place.

While however the government will yet again appeal against the high court ruling, they must have been utterly delighted with the one made in the same parish by Mr Justice Silber. On Wednesday he ruled that MI5, MI6 and the police can potentially withhold evidence from defendants and their lawyers in any civil case, if it is determined to be "secret government information" which they seek. As the Binyam Mohamed memo case shows, what can be determined to be "secret government information" is remarkably elastic. Not that MI5, MI6 or the government could decide personally what is secret or isn't, oh no. Instead "special advocates", presumably the same that act for those being held on control orders and who can't be specifically told on what information their movement and rights are being restricted will decide. As Louise Christian complained afterwards, the judge's ruling effectively allows "government to rely on secret evidence in the ordinary civil courts ... a constitutional outrage".

As one window opens slightly, another is slammed shut. Not that is just us and the Americans who have disgraced ourselves: even the Canadians are finding that "the good war" means handing over captives to the Afghan intelligence services, and with it almost certainly into their torture dungeons. Interesting is the way that the Canadians are attacking Richard Colvin's credibility, just as the government has repeatedly done the same against the whistleblowers here. The taint on all of us is going to take an awfully long time to lift.

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Thursday, November 19, 2009 

Dumbing down Michael Gove style.

I'm not the biggest fan of Ed Balls, but anything that makes Michael Gove look like an utter tit is fine by me, via John B:



While over at Lib Con we're promised a series of articles on immigration, which look set to be essential reading.

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Wednesday, November 18, 2009 

The Queen's last gasp.

The obvious response to the Queen's speech would to be to class it as the last gasp gesture of a government on its death bed; the sole remaining embers of a cigarette burnt down to the very end, offering not even the slightest nicotine kick; the last words of the condemned before being dropped through the trapdoor. For once, the obvious response is also the right one, although not necessarily for the reasons detailed by either Cameron or Clegg.

Clegg, in the increasingly hysterical fashion in which he seems to be deciding is the best way to lead his party, declared that the entire speech should have been cancelled so that politics could be "fixed". Cameron too, complained that "the biggest omission" was the cleaning up of expenses. Considering that the proposals from Sir Christopher Kelly in the main do not change anything with any great immediacy, except for the intake at the next election, the only real reason for urgency is to prove who has the hairiest shirt, as it was before. Clegg at least has purer motives in wanting the changing of the way we do politics as a whole, but the emphasis which both are continuing to place on the expenses scandal only encourages the view that nothing has changed, when it simply isn't the case. True, the complete changing of our system which some rather hopefully imagined might happen has not arrived, but then neither Labour and especially not the Tories have it in their interests to implement the likes of electoral reform. We're going to have to make do with what we have for now, and further alienating politics from the majority is not going to have a happy ending.

That said, there's not exactly anything to inspire absolutely anyone in this final dirge of bills. Labour has, unless it's saving the big hitters for the election, finally ran out of any remaining ideas it had. Cameron's ridiculously hyperbolic claim that this was the "most divisive, short-termist and shamelessly self-serving Queen's speech in living memory" was wrong, not because it's divisive, self-serving or short-termist, but because it serves absolutely no one, certainly not Labour themselves. The Tories will obviously claim that the commitment to end child poverty by 2020 is meant to embarrass them once they take over, but it would embarrass whoever's in power. Can anyone seriously believe that child poverty in its entirety will be ended at any point in time, let alone in 11 short years, without corners being cut or pledges being subtlety altered? Capitalism itself ensures that there will always be winners and losers; the poor, as the Bible earnestly predicted, will always be with us. It is, like Nick Clegg said while criticising the fiscal responsibility bill with its equivalent pledge of halving the deficit within 4 years, like legislating the pledge to get up in the morning, an empty gesture.

Empty gestures were however the order of the day, as Jenni Russell ruthlessly exposed in her critique of the "pupil and parent guarantees" in the education bill. Politics by magic wand is though increasingly popular: it's the exact same nonsense as "sending a message", whether it's through foreign policy or on drugs, somehow imagining that by raising cannabis back up to Class B the kids will realise that this isn't a safe drug after all and so reject it in favour of those other legal highs, the ones which the government isn't also attempting to criminalise. There was yet another in the Equality Bill, with the public sector having a duty to narrow the gap between rich and poor. Will this be done by cutting the ridiculous salaries which some chief executives on councils and other managerial types take home and "redistributing" them to the lower paid in the public sector? I somehow doubt it.

We should perhaps be grateful for small mercies. While there is an umpteenth crime bill, making it even easier for the police to carry stop and searches, which is simply guaranteed to cut crime at a stroke and have no negative consequences whatsoever, there is no new immigration bill. Missing though was the health bill, which was odd enough to prompt Cameron to ask where it was, even while he was lambasting the government for being addicted to "more big government and spending" and also the housing bill, both of which would have been popular with core Labour supporters. Perhaps they're being saved for the manifesto, but it does show that for Cameron's claim that this was all about electioneering (politics, in a Queen's speech, as Martin Kettle notes, how horrible!) Labour still hasn't brought out the really big guns as yet.

It did however make you wonder what the point of the entire exercise was. How many of these bills will actually make it to the statute book is impossible to know. That there are only 33 legislative days in the Lords though between January and when an election is likely to be called suggests that it won't be many, if any. Everyone in essence was going through the motions, gearing up for the real fight, which is still some distance away. Perhaps the Queen and Duke of Edinburgh could have been given the day off and some random individuals pulled off the street, put in fancy dress and lead in to read the interminable goatskin vellum. It would have been a sight more authentic than Cameron and Brown pretending to talk to each other as they walked into the Lords.

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Tuesday, November 17, 2009 

The Sun's non-birthday and Graham Dudman's letter to the PCC.

How can you trust a newspaper which even lies about its age? The Sun itself would have you believe that today is its 40th birthday, as would the adverts which the paper is running, featuring various "celebrities" quoting some of its more famous headlines, although strangely it omits both "GOTCHA!" and "THE TRUTH", just as (in)famous as the others mentioned. The only real significant thing about 40 years ago today is that it was the first time the paper was published as a tabloid - it had been a broadsheet since the 15th of September 1964, after emerging from the ashes of the Daily Herald - and under the ownership of a certain Rupert Murdoch. He also lied from the very start - he told the IPC, whom he bought it from, that it would be a "straightfoward, honest newspaper".

Murdoch's pledge that it would always be a straightforward, honest newspaper, has naturally been carried down over the years from hack to hack, from editor to editor. During Rebekah Wade's reign, Graham Dudman, the paper's managing editor, did almost all the required television and radio interviews and appearances, as Wade herself was too shy and retiring, as well as liable also to put her foot in it. In the same way it seems, rather than the editor herself respond to such nuisances as a letter from the Press Complaints Commission investigating an article potentially in breach of its code, it fell instead to Dudman to do it. At long last, Tim over at Bloggerheads has posted the letter which Dudman sent to the PCC in response to their request for more information over the "TERROR TARGET SUGAR" Glen Jenvey report back in January. It makes for a highly revealing insight into how the tabloids regard both the PCC and those that complain to the organisation:

The complaint suggests that "the intent of the thread was to start a polite letter writing campaign to persuade the influential Jewish people that what Israel is doing in Gaza is wrong". With respect, we do not agree that the intent of the thread was simply to start a "polite letter writing campaign". It is clear from even just a cursory review that the Website carries numerous extreme views and is widely used by Islamic extremists to discuss radical and/or extremist subjects. We have reviewed both the thread which prompted the article and other threads on the Website and we have no doubt that it was reasonable for The Sun to describe the Website as a "fanatics website". For example, the Website contains one message board entitled "Does anyone here recognise Israel's right to exist" which contains threads that include quotes such as "Muslims are a patient people. Jews are a greedy people. Who will win in the end?" (posted by 'AbuMusaab' at 7:56am on 4 January 2009); "you are a fool if you think that the Muslims will let you live in peace" (posted by 'SunniHammer' at 8:39am on 4 January 2009); and "you won't find any peace until all of you thieves were kicked out from the Palestine inshallah" (posted by 'Ammarcool' at 9:56am on 4 January 2009). These are just three examples.

In light of this, in our view, to regard Islamic extremists as being in the business of sending "polite letters" is naive and extreme. This is based on the expert opinion of Glen Jenvey, an expert in radical Islam. In any event, as a matter of common knowledge, we are unaware of a single incident of Islamic extremists writing polite letters. It is quite obviously a euphemism which almost does not require expert opinion to establish.


Rather then than even allow a modicum of respect for the complainer, Dudman sets out from the very beginning to smear Ummah.com, just indeed as Jenvey himself did. Just as you could cherry-pick from the MySun forums what could be regarded as "extreme" views, the Sun finds a few predictably hot-headed opinions, as was the mood back in January, and presents this as evidence that the site was and is an extremist hotbed. Such extremists couldn't possibly then conceive of such a polite and dignified way of expressing their opinion by sending "polite letters"; it simply has to be a euphemism. And what's more, our expert, Glen Jenvey, says so.

Dudman then goes on to contradict himself:

The matters raised in the article are plainly matters of public interest. Exposing, even at the earliest of stages, a proposed conspiracy to cause harm to prominent British Jews is a matter that The Sun is and should be free to report. It is not the case that public interest is and can only be served by reporting such matters to the police.

Err, except the Sun is only claiming that a list was to be drawn up, or so Dudman claims. Even at earliest stages? This drawing up, as noted previously, was hardly moving fast and "Abuislam", aka Jenvey, had to keep bumping the thread to get any sort of story which he could sell on.

Central to the complaint is the suggestion that Glen Jenvey, the terrorism expert quoted by The Sun in the article is connected to (or in fact may possibly be) a freelance journalist called 'Richard Tims'. Additionally the complaint suggests that it was 'Richard Tims' who posted the thread on the Website using the avatar 'Abuislam' which is referred to in the article. We have spoken to Mr Jenvey regarding the complaint, particularly in relation to the allegation that he is in some way connected to 'Richard Tims'. Mr Jenvey has categorically denied that he is, or that he uses the name, 'Richard Tims' or, indeed, that he ever met anyone by that name. Mr Jenvey also denies that he ever posted any threads on the Website.

Well, to quote Mandy Rice-Davis, seeing as we're going back 40 years plus today, he would say that, wouldn't he? Since then Jenvey has of course admitted that he was Abuislam, and as a result the Sun, in its half-hearted apology, put all the blame on him. That this was a complete failure to abide by the most basic practices of journalism, that you check and check again, and that you don't rely on the word of just one person unless you absolutely have to is neither here nor there for this straightfoward, honest newspaper.

We should add that Mr Jenvey is an extremely well respected expert on terrorism who has contributed to various radio and television programmes in this country. In this respect, we make the following points:

Since the letter was written Jenvey has been completely discredited. It's true that Jenvey didn't just dupe the Sun, but also the likes of the BBC repeatedly, and that reflects badly on all involved. That doesn't however excuse the Sun from relying on others rather conducting its own investigation into Jenvey's credentials.

5. To confirm, Mr Jenvey was not paid for his contribution to the article.

As Tim points out, this is a nifty piece of sleight of hand by Dudman. Jenvey almost certainly was paid by the Sun, but indirectly, through the South West News Service news agency which supplied the paper with the story to begin with.

The complainant would also be trying to discredit Mr Jenvey (and by implication the article published in The Sun on 7 January) without any foundation. In this respect, the complaint includes a link to a website (http://www.bloggerheads.com/archives/2009/01/glen_jenvey_has.asp) which contains a number of extremely serious allegations against Mr Jenvey. As well as the allegation that Mr Jenvey, 'Richard Tims' and 'Abuislam' are all one and the same, which I deal with above, the website also makes a number of personal attacks on Mr Jenvey. Those attacks include allegations, amongst many others, regarding Mr Jenvey's sexuality as well as claims that he is a paedophile (eg "or is it that he likes young muslin boys around?"). Mr Jenvey categorically denies that he is a paedophile. In this respect, we understand that Mr Jenvey has been in a stable relationship for the past 16 years. The website also contains a purported interview with an individual claiming to be Mr Jenvey's daughter. This interview is manifestly false. Mr Jenvey does not have a daughter.

It's best here to quote Tim again:

Unlike other 'leading' bloggers, I take responsibility for the comments that appear on my website, but it cannot be stressed enough that the 'daughter' content did not originate on my site, and was instead repeated under comments as part of a background information dump by a well-meaning comment contributor. It was irrelevant to the body of the post, and was publicly dismissed as irrelevant the time. In this letter, Dudman only makes passing mention of the body of the post (i.e. the part containing key evidence showing their expert to be a fraud) and instead focuses on the comments underneath, greatly misrepresenting their content and context in many ways, not the least of which being:

- The 'paedophile' text (as with the other text about Jenvey's daughter) was mirrored information from another website posted to my website as a comment, and allowed as background only. It did not originate from me, nor was it highlighted, encouraged or expanded upon in any way. The Sun imply otherwise. Further, the text The Sun claim was published by me 'to discredit Glen Jenvey' does not accuse Glen Jenvey of being a paedophile, as a wider quote from that passage reveals ("'is bin laden a gay? or is it that he just likes young muslin boys around? is jihad a form of child sex?"). The comment is about Osama Bin Laden, and was originally posted to ummah.com under the name 'saddam01', which according to Ummah.com is yet another alias of... Glen Jenvey! Yes, the 'paedophile' text wasn't *about* Glen Jenvey, and it was most likely written *by* Glen Jenvey!

(As many of you are aware, Glen Jenvey later went on to falsely accuse me of being a paedophile. Repeatedly. On hundreds of websites. What role this letter/accusation played in that decision and if Jenvey was confused enough to believe that I had done anything like that to him is unknown at this time.)


It has to be said that both myself and Tim deeply regret and apologise for linking to, providing space for and discussing the supposed interview with Jenvey's "daughter". In mitigation, as soon as we became aware that the "interview" was probably not genuine, we put up disclaimers, and when it became apparent that it was false, I removed the information completely from my post without any prompting. Are we perhaps ourselves then hypocrites for so quickly latching onto that information? More than possibly. Is it something we've learned from and will not be repeating? Most certainly. The same can hardly be said for the Sun on that score. At least though we didn't claim in correspondence to the press regulator that our source had been smeared as a paedophile by the complainant when the source himself then went on to, err, smear the person who exposed him as a fraud in exactly the same terms.

It is our view, from what I set out above, that the complainant has not been full and frank with the PCC, both as to the nature of the information discussed on the Website and the implication that Mr Jenvey was in some way responsible for posting one of the threads referred to in the article. This is a further matter which should be taken into consideration.

If it hadn't been for Jenvey finally admitting on the Donal MacIntyre show that he had been Abuislam and the entire report was a fabrication, then Dudman's attempts at smearing Ummah.com might well have succeeded. As we've seen over the last week, with the PCC "investigation" into the Guardian's allegations about phone hacking at the News of the World, the PCC is the kind of organisation that is only willing to take even the slightest action when it catches newspapers breaking the code the equivalent of red-handed. Even then the Sun only ran an apology on its 12th page, when the initial report had been a front page splash, and in effect took no responsibility, instead heaping it all on Jenvey's shoulders. Alan Rusbridger's resignation from the PCC's code committee, almost certainly a reaction to the whitewash it produced over the NotW phone hacking, where it effectively condemned the Guardian more than it did the NotW, might yet trigger some soul-searching at a regulator which has never been weaker than it is now. That is though just how those who fund it and sit on its boards like it; it will take a scandal even bigger than the Jenvey one or even the furore over Jan Moir's homophobia to persuade the industry that its regulator needs some teeth.

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Monday, November 16, 2009 

Scum-watch: Getting it completely wrong on Labour's record on crime and prisons.

Having attacked Gordon Brown personally last week and came off the worst for it, this week the Sun seems to have decided to stand on surer ground, by attacking Labour on crime. Problem is, it can't seem to do so without telling some whopping great lies, as today's leader shows:

Prison policy, in particular, has become a joke.

Early on, Labour decided not to build more jails and instead focus on alternatives to prison and early release for prisoners.


In 1997 the average prison population was 61,470 (page 4). The population last Friday was 84,593 (DOC), a rise in just 12 years of more than 20,300. I can't seem to find any concrete figures on just what the total number of places available in 1997 was, but ministers themselves boast that they have created over 20,000 additional places, and the Prison Reform Trust agrees, noting in this year's Bromley report that the number of places has increased by 33% since the party came to power (page 5). By any yardstick, the creation of over 20,000 places is a massive increase. Labour's real success is that despite increasing the population so massively, there are still not enough places to go round, hence the early release scheme which the Sun and the Conservatives so decry without providing anything approaching an alternative solution. As statements of fact go, the Sun's claim that "Labour decided not to build more jails" could not be more wrong.

This coincided with ill-judged policies on late drinking, softening drug laws and over-reliance on cautions, all of which increased crime.

In actual fact, and predictably, levels of alcohol related crime have changed little. There is no evidence whatsoever that softening the drug laws, of which only the law on cannabis was briefly softened, increased crime, unless you count the massive rise in cautions given out for possessionwasting the time of everyone involved. Lastly, there is little evidence also that giving out more cautions increases the likelihood of re-offending. You can in fact probably narrow it down to two groups: those who would have re-offended regardless of the punishment they received and those for whom it was an aberration. The problem with cautions is the effect it has on the victims of the crime, and the implications for the justice in general, not that they increase crime.

which may previously have resulted in someone going to court for having a tiny amount of resin in their position,

The result? More criminals ought to be behind bars. But there is nowhere to send them.

Instead, jails and secure hospitals operate more as short-stay hotels.

Today The Sun reports on a murderer who hacked a mother and son to death but is on day release after just six years.


Not an exactly representative example: Gregory Davis pleaded guilty to manslaughter on the grounds of diminished responsibility, hence he is not a "murderer", as the leader claims. Psychiatrists now think that he has recovered to an extent to which he is not a danger to the public, on which I'm more inclined to trust them then I am the Sun.

Weekends out of jail for lags have trebled in the past two years.

Labour deny this has anything to do with easing prison pressure. But the facts speak for themselves.

Last year, 11,599 prisoners were let out for four-day breaks.

In 2006 the figure was only 3,813.

Is the Sun on to something here? Not to judge by the figures themselves: the latest show that there is room for around 900 more prisoners currently; back in August 2006 (DOC), to pick one set of figures at random, there were only 700 spaces available. Indeed, in October 2006, Operation Safeguard was in effect, with prisoners being held in police cells. Surely if weekends out were meant to ease prison pressure there would have been more let out back in 2006 when it was much more desperately needed. Is it not more likely that these breaks, meant to help those shortly to be released to readjust to life outside as well as for general rehabilitation are being used more widely because of the relative success of doing so?

Labour's soft approach even makes life cosy inside:

Convicts at Chelmsford jail enjoyed a talent show.


And what a talent show it was! Costing a whole £1,500, it seems the kind of thing that might actually help prisoners once they are allowed back out into the real world, but the Sun seems to think that prisoners should spend their time either locked up in their "cushy" cells or sewing mail bags.


Convicted criminals should pay the price - not just as punishment but for the protection of the public. That is the contract on law and order between voters and Parliament.

Having broken that deal, Labour have no right to criticise the Conservatives when they vow to do better.

By the same token, the Sun has no right to criticise Labour when it can't even get the very basic facts about the party's record on crime right.

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