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Week 8  Sunday
27 February 2005


Do not
forget IRAQ

I cannot “forget Iraq”.   Faced with Bush on his European grand tour, I cannot just “put Iraq behind me”, and "move on".  Not because of the horrors of the invasion itself, or Falluja, or the tragic continuing loss of life - for I recognise that they are to be set against other horrors, including the atrocities of Saddam Hussein. 

I cannot forget Iraq because it marks the destruction, by George Bush, of all our hopes for a rational and humane world order.  It was a political crime beyond forgiveness.  His rubbishing of the United Nations was and is a political misjudgment of the highest order. The invasion of Iraq represented the triumph of sheer thuggish brute force over persuasion and diplomacy. 

When Bush now says, in relation to Iran, “We’re in the early stages of diplomacy”, who believes him?   Nobody.  For we know that modern, crusading, Bush-led America can veer off into violence at any point, as it did in Iraq.   

His is a violent Government with a short fuse. The reservoirs of goodwill, within the international community, have been polluted by the aggressive invasion of Iraq. And the British are tainted, along with their flawed leader. It will be a long time, after Bush and Blair are both gone, before we see restored any real international consensus for peace and the peaceful resolution of global conflict.

  • No, Mr.Bush.  No, Mr Blair. 
    I will not forget, or forgive, Iraq.


Asylum Seekers Numbers Fall

But numbers of other immigrants rise.  That is, after all, the "liberal" side of Labour's strategy, masterminded by David Blunkett. The annual Home Office statistics, published this week, show just how distorted the "immigration debate" has become.

"Asylum-seekers" are conventionally placed at the centre of the immigration debate.

But that is not true.  There are c.750,000 newcomers entering the UK each year, not including any of the 9,000,000 passing through each year, on Visitors' Visas.  And in 2004, only 40,000 were asylum-seekers. 

Asylum-seeker numbers have fallen, from an annual peak of 110,000, partly because the number of violent conflict zones in the world has decreased, and partly because the Eastward extension of the EU has legitimised the entry of those Eastern Europeans, formerly asylum-seekers.

The vast majority of newcomers were students on Study Permits (380,000), lawful workers on Work Permits (200,000) and lawful EU Registered Workers (say, 130,000). Only 5% of all newcomers, in any one year, are now asylum-seekers, and less than half of them succeed in securing refugee status.

  • Read, and inwardly digest...

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CROESO
Quadruple Injustice

At the ground-breaking CROESO Conference last Saturday in Swansea, we had plenty of questions, but could not find new solutions.  CROESO volunteers encounter newcomers at every stage of their early contacts with UK society. 

CROESO is the
Welsh for "Welcome"

The problems are large and structural, and we seem puny in confronting them.  The spotlight last Saturday was turned on the injustices facing asylum-seekers arriving in the city, on dispersal or otherwise.

It is clear that there are four separate asylum "cadres" or stages, each with its own dangers and injustices.

The new arrival who intends to claim asylum, but who has not yet done so. The migrant may have travelled on a Visitors visa, or on false papers, or merely have been smuggled in - "un clandestin" in French - they have no claims to any public support, and can only work illegally;

The "applicant" who has made a formal claim for asylum protection, and who is properly logged in with the Home Office.  Most asylum-seekers are in need of financial support and claim it (from NASS, the National Asylum Support Service).  They are provided with free furnished accommodation, and paid Asylum Benefit of £38 per week per person; they are also accorded initial legal aid, although that may also be withdrawn if the Solicitor considers that their case is weak.

The "refugee", i.e. the applicant whose claim is accepted and who is granted indefinite leave to remain in the UK, i.e. "settled" status, which carries all the normal benefit entitlements of citizenship.

The "failed asylum-seeker", who is entitled only to a truncated form of emergency "hardship" support pending removal to his/her country of origin. The applicant effectively reverts to the status of an illegal immigrant, and many go in constant fear of arrest and enforced removal.  The chances of forcible removal are small, given that only 12,000 are being removed each year, and the backlog is much, much larger.

There are signs that the Home Office systems are being made to work more quickly, and that is welcome.  But there is no early prospect of working through the "removals backlog", particularly for Iraq (where no returns at all are currently possible).

At every stage of this process, there are arbitrary risks of destitution, forcing many to operate within the black economy, in insecurity and danger. It is a bad system, which cries out for root-and-branch reform.

  • CROESO, as a local Welsh group, is trying to get to grips with the local consequences of this bad system.  Wish us luck...
  • And check out our website

And check out my thoughts on what a radically-different system would look like.

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Civil
Injustice

Three news-reports this week highlight the growing importance of civil litigation, as a means of "doing justice". All on the same day, in three different jurisdictions.

In the US, men swindled out of $-millions by false Internet claims for penis enlargement took action through the Courts, for misrepresentation and breach of contract. In the UK, asbestos-toting corporates were forced to face up to their full liabilities to employees, in a successful AMICUS legal action.  And in Strasbourg, the European Court of Human Rights held that, without legal aid, the McLibel Two, Dave Morris and Helen Steel, were deprived of a fair trial of their defence against McDonalds' marathon libel action.

This reinforces my sense that we are moving towards a dicastocracy, or "rule by judges".  I have raised this issue with you before, in 2002 & 2003.  As citizens, we seem increasingly attracted by the idea that society should be ordered by "independent and impartial" assessors or regulators, enforcing the rule of law and human rights principles. 

As the traditional authority of the politically managed State ebbs away, there is every sign of growing confidence in a "rule of law" of some kind - at neighbourhood level, as well as nationally and internationally.

  • Am I just kidding myself, as a lawyer by profession?  D rop me a line

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Finally understood...

 

 

 

 

 

It was before the 1997 Election that I wrote to Tony Blair and advised him to give up "We"-statements.  "Acknowledge," I said, "the force of individualism in our society.  Cut through the fear of socialist collectivism.  Instead of "we", practise using "you and I - address the individual listener, not the mass - personalise, individualise".  I was being vetted, at the time, as a possible Blair speechwriter, and I remember going to the Opposition Leader's pokey little Commons Suite, for an interview with one of his Advisers.

He did not take the advice, and I was never asked again to write.  TB marched on, scattering sack-loads of "We"-statements.  "We are far more effective together than we are apart..." 

Until now.  To judge by the 2005 pledge-card (nothing enforceable this time, you understand), it looks as if "You-&-I" may yet have its day.  Watch this space.

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Whatever happened to
philosophy?

Labour's "Election Pledges" demonstrate graphically the collapse of political philosophy, of any appeal to socialist principle.  Yet even as late as March 2002, I was still motivated to spell out my own political philosophy, in conventional declaratory socialist terms.  Sadly it already seems strangely outdated. Pragmatism rules OK.

Drop me a line

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The Fabians are a great, enlightened Left-Wing political community some 7,000-strong - and we have many skills among our number.

Would you like to be added to the monthly Fabian Update e-mail list? Just e-mail Fabian Research

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Having discovered this remarkable NASA website, linked with the Hubble Telescope and the NASA Mars exploration vehicles, with its current photographs from outer space, I am reluctant to let it go

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Blackened
White List

These are early moments.  Early, that is, after the momentous asylum ruling in the High Court on Thursday 24 February, by Mr Justice Wilson. He overruled Beverley Hughes' action, in July 2003, in placing Bangladesh on the "White List", where asylum-seekers can be summarily returned, without any effective appeal.  The applicant loses any right of appeal while still in the UK: the woefully inadequate administrative decisions of the Home Office must stand, without challenge, until the applicant has left the UK.  Which is tantamount to blocking the appeal.  It is pure Kafka.

Mr Justice Wilson has ruled that Beverley Hughes acted illegally, in declaring Bangladesh to be a safe haven.  He said, courageously -

"It is all too clear that persecution and human rights abuse are not isolated problems at the margins of life in Bangladesh, which is officially ranked as "worst for corruption" on the relevant international index".

This is yet another setback for the bleak authoritarianism of this illiberal Government.  At local level, I have heard the most harrowing reports from Bangladesh of the repeated violence of local politics, in particular violence against Awami League activists, whose Party lost power to the Bangladesh National Party in 2002.  And yet the Home Office has blandly continued to despatch hapless victims back to Bangladesh, to confront their tormentors.

  • The Government will appeal,
    but will - I predict - lose the appeal.

NB  Apart from the EU States, the list is now as follows -

Albania - Bangladesh - Bolivia - Brazil - Bulgaria - Ecuador - Jamaica - Macedonia - Moldova - Romania - Serbia & Montenegro - Slovenia - South Africa - Sri Lanka - Ukraine.

Now minus, I am delighted to say, Bangladesh.  But India is soon to be added...

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Flawed
Attorney

Alas poor Goldsmith.  Lord Goldsmith, Attorney General. Without any previous experience of "political" office, plucked straight from the Bar as a Blair placeman, he was swept away by his sense of duty to his patron. I suspect there was no need for Downing Street to "lean on" him: he was already in a suitably compliant posture, in anticipation.  In the fateful month of March 2003, confronted by the Prime Minister's preoccupation with invading Iraq, he duly came up with a "legal" justification for it.  He is said to have written an Opinion confirming the legality of the Iraq invasion plans. 

In doing so, he lost for ever his reputation, among his fellow lawyers, for professional integrity and independence of mind. A new critique by Philippe Sands QC exposes the sheer fragility of his legal reasoning, and the poverty of the Government's legal case for the invasion.  I shall be buying a copy, at £12.99: you can buy one here too.

  • Use the Bookshop Search facility and type in "Lawless World"...

What is
going on?

We seem trapped in a phoney Election.  The electioneering is eclipsing other news, other political dialogue. The Prime Minister seems on full-time Election alert - either that, or pressing flesh to back Britain's Olympic bid.  Manifesto promises are being made, left right and centre, by both Labour and Conservatives.  And yet the starting-gun has not yet been fired for the Campaign, there are no formal Election candidates.

So what is going on?  Is there a tacit agreement between the Parties to avoid the inconvenient constraints on Election expenditure, and press on with the fight regardless?  Or are they so ill-financed that they must maximise this informal electioneering, by informal TV and radio, before the paid-for campaign, and the legal controls, kick in?  Is this a fix?

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Language is
the music of the mind

My heart is breaking, at the steady decline of foreign language studies in our schools and universities.  All languages are suffering dramatic falls at university level, which means that our teaching resources will be even more severely depleted.  My own intellectual abilities have all been honed in the study of language, and of languages – I even regard “law” as an exercise in the deployment of language.

And two languages are better than one.  I ask you to encourage your children and grandchildren - without being under any compulsion to do so - to immerse themselves in different cultures, different ways of thinking about life, different insights, different experiences. Therein lies the biodiversity of the human spirit. 

I confess that, for my part, having spent my teenage years studying French, German and Russian - I baulked at studying languages at Cambridge: I switched to History and Economics.  I did not seek a future in teaching, or translating, or interpreting for others to speak.  But my love of language lives on - witness my continued drive, month in month out, to conquer my own language of Welsh...

  • For language is
    the music of the mind.

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    Voting Labour What I will be doing..

    David Clark, erstwhile Foreign Office Special Adviser, is becoming a standard-bearer for rebellious, discontented Labour loyalists.  His analysis this week in The Guardian said it all for me: how do we express our distaste for Blair without abandoning the Party we love?  He proposed a sophisticated scheme for tactical voting among Labour voters, which could never convey a coherent message.

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    Recent topics

    Migration should be legal >>>

    London dysfunctional city >>>

    Referendum?  Wrong question >>>

    Volunteering: is this a sham? >>>

    Housebulding misunderstood   >>>

    Waterstones and Human Rights >>>

    How politicians abuse "contracts" >>>

    Is Swansea more racist? >>>

    Abolish Wrongful Dismissal >>>

    "Groupism" a dangerous error >>>

    Adjustment Pay for every worker ;> >>

    Pay Guardianship Allowance >>>

    The Mischief of ASBOs >>>

    And read my Big Theory itself, at Multiple Differential Uncertainty...  Or try my snappier and more practical analysis of the Corporations and the Left Coming to Terms

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    Jacques'
    crystal ball

    I enjoy the clear intelligence, as well as the political perception, of Martin Jacques. Writing in The Guardian, he casts his mind forward to the period after the Tories return to power on an ultra-right, racist, nationalist agenda.  New Labour will inevitably run out of steam, he argues, succombing to sheer philosophical vacuity.

    And what would Labour do then?  How would the Party recover? The Party's traditional springs of political energy would have run dry, in the process of outbidding the Tories for the centre-right ground.  The renewed Tories would be even nastier than Labour, where Labour had been trying to compete with them.  Where could Labour re-group?

    Jacques does not suggest an answer. But I know precisely what Labour should do.

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    One Year Ago 
    9 February 2004

    Legal errors created sleeping policemen..

    The entire phenomenon of the English speed "hump" was triggered by lawyer's errors.  Errors of statutory interpretation. Now that the errors have been corrected, these awful highway obstructions should be dispensed with.  I joined Ken Livingstone in his anti-hump drive, during his re-election campaign.


    Two Years Ago 
    10 February 2003

    Why do we force
    our children into criminality?

    Older readers will recall that I was very active, two years ago, campaigning for drugs legalisation.  My commitment has not changed.  But I am dulled by the bovine obtuseness and lack of principle displayed by our MPs, afraid of every electoral shadow.  Here, I celebrated the 11 MPs with the courage to identify with the liberal cause of drugs legalization.  They are still, to my knowledge, the only 11 to stand out from the bovine herd.

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    Never miss Steve Bell! His cartoons, from The Guardian - his wit and perception illuminate the absurdities of the political scene... Our political life is diminished by the absence, in mainstream politics. of leaders with capacity to deliver the same punch.

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    050221  Make sure you have not missed
    the previous edition 
    Check it out   
    And the
    one before that?   
    Other recent topics highlighted here

    Week 8  Sunday
    27 February 2005

     

     
           
     

     
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