Thursday, April 16, 2009 

Damian Green and the state of the nation.

For what was meant to be an apology for the ultimate conclusion of spin, Gordon Brown's mealy-mouthed "sorry" was remarkably like a piece of spin in itself. While the press and the Conservatives have been whipping themselves up into a frenzy over something that Brown almost certainly knew nothing about, the decision not to charge Damian Green has been pushed down the news agenda, helped by Brown's sudden decision to express contrition to a camera.

It's a shame, as the Green case is far more indicative of where the nation is going as opposed to where the state of politics is descending. It's the combination of everything which New Labour has ultimately been building towards, encouraged by the pliant tabloid media which demands ever harsher authoritarian crime polices and by their flexible friends in the police, where national security and anti-terrorism supplant everything else, used opportunistically as the excuse for every little abuse of power and every little act of authorised bullying.

Some might question the link between the arrest of 114 climate change protesters before they had so much as thought of carrying out their plans for peaceful demonstrations, the deletion of a tourist's photographs on the grounds that you can't shoot any building, structure or vehicle involved in London's transportation system, the brutality shown towards some G20 protesters and Damian Green's arrest, but they are all representative of one thing: of an overbearing state which continues to grow in power while the individual continues to be diminished and patronised, with their complaints ignored or whitewashed. The key difference in the latter case was that both the police and government overestimated their power and overstepped themselves in imagining that they could arrest someone who was themselves in a position of power, diminished as it was, and not outrage that person's colleagues and as a result the media. A similar thing almost happened a couple of years earlier, except to the actual party of government with the arrest of Ruth Turner, but that was soon forgotten by those who themselves felt that they were still invulnerable.

Not a single person imagined for a second that Damian Green would be charged with anything. Members of parliament don't get charged when it comes to leaks; their stringers and the other little people involved are the ones that usually have to take one for the team. More surprising was that the Home Affairs Select Committee, especially one chaired by a loyalist like Keith Vaz, noted that despite the claims by the Cabinet Office and Home Office, none of the material leaked even approached breaching national security, something confirmed by the head of the CPS, an organisation which seems to be bucking the trend in remaining fiercely independent, first with Ken Macdonald and now with Kier Starmer at the helm. Notable also was that the police's actions were compared to the Keystone Cops, which isn't quite apposite, for the reason that Keystone Cops were meant to be laughed at. No one is laughing at what the police increasingly seem to be getting up to, as incompetent as their actions at times are.

Whether Jacqui Smith did or did not know that Green was personally going to be arrested, and despite my initial thoughts that I believed it was unlikely, I've now changed my mind somewhat, it's still indicative of how the Home Office has changed under Labour. Undoubtedly the change can be linked right back to the James Bulger murder and the consensus which emerged between the political parties that prison works, but the succession of ridiculously hardline politicians made home secretary began with David Blunkett and has continued since. In turn, each has been more ludicrous and more certain of themselves in succession, and all of them have also shared one political characteristic: they have all been Blairites. All have been dismissive in the traditional Blairite way of established procedure, whether it be populist in nature as it was when John Reid declared that his department was "not fit for purpose" or with Smith not apparently caring one jot that she to all intents and purposes wasted police time, still today defending that calling in Inspector Knacker was the right thing to do. None of her predecessors though were so completely hopeless at their job, so thoroughly discredited and as weak as she has become, thanks both to her expenses claims and other piling up failures. That she is still in her position itself is a miracle, and it is surely one which will not survive any coming reshuffle, although as in the past, she will undoubtedly be replaced by someone just as bad and just as opportunist; the job seems to now require those characteristics.

Few will disagree with Damian Green's statement that he could not think "of a better symbol of an out of touch, authoritarian, failing government that has been in power for too long". The Conservatives however offer no alternative whatsoever on the authoritarian front. If anything, they might well turn out be worse on that score when it comes to crime, and their promise to increase the police's powers of surveillance suggests that despite the clamour which is beginning to build regarding the casual dilution of civil liberties, they still don't understand that there has to be a step change in the relationship between the individual and the state. That it took the arrest of one of their own for them to begin to finally grasp that was an indictment of their own failure to read that mood was changing, and it's even harder to believe that once in power they will be any different to Labour in responding to the anguished cries of the latest tabloid headline. One of the things they could do which might encourage the belief that they will seriously examine just how powerful and unaccountable the police have become is to propose a royal commission into their tactics, as first argued by Martin Kettle. If they seriously want the public to believe they will not be as political as New Labour has been, and the signs from Boris Johnson are that they might even be more so, then it's the absolute least they will have to do.

Labels: , , , , , , ,

Share |

Monday, December 22, 2008 

Quick, slow, Quick, Quick, slow.

(Not Cap'n) Bob's Interceptor.

It's a fitting tribute to the investigatory skills of our finest anti-terrorism officers that Bob Quick should be so, err, quick in pointing the finger at the Tories for "planting" a story in the Mail on Sunday regarding his wife's car hire business, which he then complained was potentially putting his family at risk, despite the family's home address being advertised on a far from inaccessible website.

This is after all meant to be the man who'll be in charge should there be another terrorist attack, someone with qualities such as remaining calm in a crisis, unflappable, not liable to send in CO19 after another Brazilian wearing a denim jacket. Even if we accept that the Tories have indeed being trying their hardest to gain politically from the utterly foolish raid on Damian Green's office, something which judging by the polls they've failed to do, and have also been putting pressure on the Met to drop the inquiry, the level of paranoia Quick is apparently suffering from to immediately pin the blame on the Conservatives - and not just to do it privately, but to brief the Press Association with your suspicions, accusing the party of acting in a "corrupt way" - shows a fairly shocking lack of judgement for again, someone in his position.

Being in the limelight can obviously do very strange things to you, especially when you have been thrust into it unceremoniously and found yourself at the centre of a furore over breaching the very heart of democracy, as can being concerned for the safety of your family. It does make you wonder whether, as well almost being able to act with something approaching impunity, the police also seem to imagine that they can also say anything, regardless of evidence, and also get away with it. Surely the most ill-advised notion of all on Quick's part was that rather than letting the simmering row over Green's arrest die down over Christmas, as it was always going to, followed by the quiet dropping of the inquiry, he has instead brought all the more attention towards himself and invited the accusations that this just overwhelming proves the closeness of the current crop of senior police officers to the incumbent party of government.

The allegations that Sir Ian Blair presided over a politically correct police force were always ridiculous - chance would be a fine thing - but far more dangerous is the idea that Labour and the police are in cahoots, one not helped by the disgraceful initial lobbying by the police for 90 and then 42 days, which only succeeded in turning ever more of those who might have been sympathetic against it. In reality both the Conservatives and Labour have increasingly kow-towed to police demands for new powers or laws, mainly because they turned the prevention of crime into a battle over who could be the toughest. Having failed to provide total job or economic security, governments have instead turned to the idea that they can provide total personal security as a failsafe, when they can of course do neither. Labour's authoritarianism, especially under Brown and Smith, although how quickly we forget past home secretaries and their own excesses, has been more noticeable because Brown cannot defend it as well as Blair could or simply doesn't have the inclination to, and because Smith, like John Reid, actually seems to relish playing the hard (wo)man, an ultra-Blairite thug when being a Blairite has become deeply unfashionable. Combined with her apparent inability to suffer shame when she blames Boris Johnson of all people for politicising the police, you can hardly blame those who have taken to calling her "Jackboots Jacqui". Thing is, if she knew she'd probably wouldn't mind in the slightest.

Similarly, it would be nice to think that Labour's decision to step back from direct elections to police authorities was because it had realised that was unlikely to increase accountability and instead only increase the politicisation of the police - instead it's hard not to imagine it was because they knew it was hardly likely any of their representatives would be the ones to win the popular vote. All sides, Labour, Conservative and the police need to find a way to retreat from their current positions and realise that this is doing none of them any good, but doing that after all consider themselves to be unfairly slurred is easier said than done.

Labels: , , , , , , ,

Share |

Tuesday, December 02, 2008 

From Stalinesque to Kafkaesque.

While opposition politicians talk of "Stalinesque" arrests and newspapers suddenly decide we're living in a police state, not helped admittedly by a Home Secretary with an apparent tin ear and a police force that wouldn't know subtlety if it shot it 7 times in the head, a genuinely Kafkaesque farce has been continuing concerning someone not as obviously deserving of protection as Damian Green.

Abu Qatada has then been sent back to jail, not for breaching his bail conditions, and not because there was any actual evidence that he was going to breach them, but because secret evidence which Qatada and his lawyers could neither see nor challenge suggested that due to a change in circumstances the chance that he might attempt to abscond had increased.

To suggest that the decision is baffling is to put it mildly. None of the evidence which the Home Office presented in open court in front of the Special Immigration Appeals Commission came close to convincing the commission that Qatada was either about to abscond or that he had breached his bail conditions. Indeed, despite presenting such diverse "evidence" as the fact that Qatada had recorded his children a message on the importance of Eid, had mp3 players, memory cards, video tapes and computer discs in his possession, and that a senior member of al-Qaida had recorded an audio-tape addressing a sheikh on the state of the jihad in Afghanistan, which also called if possible for the sheikh to come and inspire the mujahideen on the front line, the Home Secretary herself, or those acting for her, accepted that Qatada had not breached his bail conditions.

Qatada then finds himself back in prison due to evidence which he has not been informed of, cannot challenge and which in any event only increased the risk that he might attempt to abscond. If nothing else, it's an indictment of the police and security services that despite the imposition of some of the most severe bail restrictions of recent times, with Qatada tagged and only allowed to leave his house for 2 hours a day at set times, doubtless followed during that time and with his house and calls bugged, they still couldn't guarantee that they would be able to track him down were he to attempt to escape or someone to attempt to help him.

Interestingly enough, especially considering the on-going outcry over the arrest of Green, the taking back into custody of Qatada was punctuated by leaks to the Sun, presumably from the Home Office, first of Qatada's renewed detention and then the allegation that Omar Bakri Muhammad was, rather less credibly, "masterminding the plot" to get Qatada out of the UK and to Lebanon, where Muhammad has lived since his presence here was ruled to be not conducive to the public good. As the "evidence" involving Bakri was not given in open court, it either made up part of the case heard in secret, or was just the complete and utter nonsense which the paper often prints about Bakri. While we're hardly likely to become aware whether it was used in the secret sessions, if it was that's a potentially far more serious breach of security than anything that Green is currently alleged to have done.

Qatada finds himself then in utter limbo. Unable to return to Jordan where his trial was tainted by torture, facing the possibility of two further appeals against that decision, both to the Lords and the ECHR, regardless of which way the verdict goes, although it's very unlikely that either will rule against the precedent set first by Chahal vs the UK, which established that those at risk of torture in their home state could not be deported, and recently reaffirmed by Saadi vs Italy, in which the UK intervened, he finds himself back in prison despite never being charged with any offence in this country. The government continues to claim that he poses a "significant threat to national security", yet he has no way of proving the opposite, with his appeal for Norman Kember to be released from the clutches of his abductors in Iraq, hardly the actions of a true takfiri, completely discarded. In the event that he finds a third country willing to take him, it seems unlikely that the government would actually let him leave. He seems destined to spend a few more years yet in a maximum security prison cell, at taxpayers' expense, when if the government could be bothered to attempt to build a criminal case against him, or heaven forfend, make intercept evidence admissible to increase the possibilities of doing just that, the whole mess of attempting to deport him could be brought to a close. The reality is that whilst we are not a police state, for some of those who reside in this country our government is determined to make it as much like one as possible. While everyone screams for justice for Green however, those trapped inside the control order system, not to mention Qatada, continue to suffer.

Labels: , , , , , , , ,

Share |

Saturday, November 29, 2008 

Weekend links.

Despite the attacks in India, there has only really been one story this weekend, and while the coverage of Damian Green's arrest could be described as furious, it's hard to believe that it will do anything to bring the police themselves down from their apparent idea that they can do whatever the hell they like.

One of the reasons is because they can rest assured that the likes of the Daily Mail will never scream "POLICE STATE UK" about anything other than journalists or politicians being arrested. Even considering the paper's generally good record on opposing New Labour's anti-terror laws, its support for authoritarian crime policies has just as much of an effect on the police's self-worth. From the bloggers, Justin, Bob, Jamie, the Quiet Road and Heresy Corner all reflect on the powers of the police and the sudden discovery of some politicians that we are suddenly living in a police state, while Rhetorically Speaking notes that the leaker in question seems to have requested a job from Damian Green, although he was turned down. The hacks are pretty much united in their contempt also, Matthew Parris calling it an outrage but blotting his copy book somewhat by almost claiming that this will have been orchestrated by an outraged Gordon Brown who is apparently meant to care deeply about leaks concerning the Home Office that occurred months ago, Nick Cohen thinks similarly, while the Observer and Independent produce almost boilerplate editorials.

Away from Green, the pickings if you don't much want to read the predictable claims that Mumbai will never be the same again are somewhat slim. Paul Linford has though changed his mind somewhat over the pre-budget report, David Semple writes of Chavez, the Yorkshire Ranter bucks the trend for an fascinating piece on the attacks in Mumbai, by way of a Frederick Forsyth novel, and Joan Smith picks up on the Fritzl coverage compared to that of the Sheffield incest case.

Piece of the weekend is undoubtedly from the always excellent Daniel Davies, who notes that commentators of all shades for some reason seem to see their own views in that of the white working class.

Worst tabloid comment piece of the weekend then goes for once to an actual tabloid comment piece, with Richard Littlejohn, commenting doubtless from his mansion in Florida, that Damian Green's arrest is a "monstrous abuse of power by the same gangsters who hounded Dr David Kelly to death." Except that Blair and Campbell have gone and Hoon is currently the transport secretary. Doubtless Melanie Phillips next week will similarly declare that Green's arrest is all the fault of the progressive intellectuals that undermined the family.

Labels: , , ,

Share |

Friday, November 28, 2008 

Green and a very suddenly established police state.

The arrest of Damian Green is understandably raising major questions about how much the government knew and when it knew it, but far more pertinent from my perspective is both what it tells us about the power of the police in today's Britain and how some of those who have given the police such power react when they find themselves under scrutiny.

As long as it turns out that both the police and the government are telling the truth, in that ministers were not informed of what was taking place until it was taking place, then this is not something that is yet truly unprecedented. Extraordinary and deeply troubling yes, but not unprecedented. Examples from decades past have already been regurgitated to show that leaks and governments both knowing and not knowing are hardly new: Churchill in the late 30s, Sarah Tisdall and Clive Ponting in the 80s, right up to Katherine Gun and David Keogh and Leo O'Connor this decade. Keogh and O'Connor's case was especially politically lead, with utterly disgraceful evidence given against them by government officials.

More analogous to Green's arrest though was the 6am raid on the home of the fragrant Ruth Turner, which the Labour party complained bitterly about. Noses were put out of joint throughout Whitehall over the police investigation into cash for honours, which many thought heavy-handed, even while the rest of the country smirked. It's with Turner in mind that we ought to, for now, accept both the accounts of the Metropolitan police and the government that there was no warning given to ministers over what was going to happen until it happened. We have to assume not that just one side is lying, that but both sides are lying, which would in itself suggest open collusion between the two sides. However friendly some of the discussions between government and the police are, for the Met to suddenly start acting as Labour's personal leak stopping organisation takes a lot of swallowing.

The other point that suggests that open governmental knowledge of the arrest is unlikely is that there is absolutely nothing to be politically gained by having a front-bench opposition spokesman subjected to a stay in the cells of Knacker of the Yard. As soon as it became news the fingers were being pointed and the knives were sharpened. The government might be stupid, venal and corrupt, but is it really that stupid, venal and corrupt? I would hazard not. Are, on the other hand, the police either so full of themselves or flushed with power that they now think that arresting MPs for passing on leaked information to the newspapers is something which they can both brazenly do and ultimately get away with? I would hazard yes. Until some substantial evidence emerges of government knowledge, other than that the Speaker of the House knew and that Boris Johnson knew, or that ministers must have known because Diane Abbott/Michael Howard/etc/etc say so, the latter seems the more reasonable assumption to go with.

In actuality, none of the above examples regarding leakers or arrests really fits properly to the arrest of Green. The one case which is very similar was coincidentally settled today: that involving Sally Murrer of the Milton Keynes Citizen and Mark Kearney, a police officer who was a local source of Murrer's, as well as also for a time being her lover. Kearney and Murrer were charged with aiding and abetting misconduct in a public office, the same charge on which Green was arrested on suspicion of. Like Green, the stories which Kearney supplied Murrer with were relatively inconsequential, concerning a drug dealer and a local footballer, as well as one about an inmate at Woodhill prison boasting about becoming a suicide bomber, which was not actually printed. These charges however seemed to be the cover for getting at Kearney over his knowledge of the bugging of the MP Sadiq Khan when he visited an old friend from his school days, Babar Ahmed at Woodhill prison, of which there was a highly unsatisfactory government inquiry into. Thankfully for both Murrer and Kearney, the judge has concluded that because of the inanity of the stories which Kearney supplied Murrer with, there was no justification for bugging Kearney or Murrer, which directly breached Article 10 of the Human Rights Act, the right to freedom of expression. Tabloid newspapers condemning the HRA for introducing a privacy law via the back-door should take note.

Similarly then, would the police have acted in such a heavy-handed, arrogant way against Green if this really was just about the leaking to him of documents about illegal immigrants working in the security industry, an illegal immigrant working in the House of Commons, a memo from Jacqui Smith concerning how crime is likely to rise during a recession and a document which speculated on the MPs which would oppose 42 day detention? All we have to go on is that a civil servant was suspended from the Home Office 10 days ago and also arrested, and that a complaint to the police was made by the Cabinet Office. Is it possible that Green has been supplied with something far more explosive, perhaps potentially involving the police, which he was yet to share with the media, hence the heavy-handedness and the involvement of what was Special Branch, even if this was strictly being dealt with under common law? We simply don't know. What we do know is that no one is talking about why the police might have acted as they have, simply how they have acted as they have.

And it has to be admitted, their behaviour in this instance is even by the standards by which we are becoming accustomed little short of extraordinary. Yes, whistleblowers have been arrested and persecuted down the years for supplying us with information most certainly in the public interest, but for police to arrest an actual front bench opposition spokesman, hold him for 9 hours, raid his office in parliament, as well as his home, and take his personal effects is on a whole different level to what has come before. As others have pointed out, despite the involvement of anti-terror officers, this as yet does not have anything to do with actual anti-terrorism laws, but what those anti-terrorism laws, such as Section 44 have done is imbue the police with the confidence they need to be able to act almost with impunity. Even whilst we complain that they often can't seem to be bothered to keep actual small town stations open than more than a few hours at a time, or to attend burglaries, they find the time to monitor political demonstrations while recording footage of all those taking part, just for "their records". They, along with community support officers, have routinely stopped photographers from taking shots of almost anything, on the various grounds that either those doing so could be taking part in reconnaissance missions or that they could be taking pictures of children. When it comes to actual terror raids, such as the Forest Gate fiasco, those who dare to criticise the police, of which politicians themselves very rarely if ever do, find themselves under attack for impugning on those carrying out such a dangerous job. In the name of stopping knife crime, blanket searching of those deemed likely to be carrying one has been authorised, with the forms which officers have to fill in when they stop and search someone likely to be scrapped, with even the innocent who were stopped being photographed. Even the Conservatives, opposed to 42 days, appear to support giving the police other powers of surveillance, also likely to be abused just as every other new power has been and will be abused. It is however far too over the top to suggest that we are living in a police state. We are though an undoubted surveillance society, and New Labour, through both its anti-terror laws and authoritarian crime policies has put into place the building blocks of one.

It therefore takes some chutzpah for David Davis, whose stance I have deeply admired, to say he now believes we are living in a police state because one of his own has been raided. When other individuals have said similar things, such as one of the men wrongly arrested in connection with the Birmingham beheading plot, who said that this country was now a police state for Muslims, they have been shot down, especially by politicians. Politicians themselves after all have no one other than themselves to blame for the power the police now have and routinely wield. Only the Liberal Democrats have anything approaching a decent record on opposing the almost yearly measures brought in in reaction to tabloid demands. Like others, they don't believe that it could happen to them until it does, and when it does, they sure as hell don't like it up 'em. If you dislike it happening to you, then think how others who routinely undergo the same thing feel. Politicians have long imagined that they are above the law, but as today has shown, they clearly are not. It would be nice to think that once we truly get to the bottom of why Green has really been arrested, or why the police thought such a sledgehammer approach was appropriate, that it might make some of them think twice before inflicting yet more legalisation on us that further reduces the police's accountability while at the same time making them ever more powerful.

Labels: , , , , , , , , , ,

Share |

About

  • This is septicisle
profile

Links

Powered by Blogger
and Blogger Templates