Tuesday, October 19, 2004



Bring it on

Michael Cullen has hinted that other MPs may be subjected to the same financial scrutiny currently being enjoyed by John Tamihere. Good. I have no stomach for political corruption, and if John Tamihere's misbehaviour results in a general airing of financial dirty laundry and exposure of dubious practices to public scrutiny, then he will have done us all a tremendous favour.

As for Tamihere himself, I agree with Colin James that his departure from Parliament would be a loss for New Zealand - but OTOH if the charges against him stack up, we are well rid of him.

Elections and DHBs

According to Stuff, I'm unlikely to know who my District Health Board is until the end of the week. I really hope DataMail doesn't get paid - and they get taken to the cleaners for such a blatant screw up.

As for the DHB, the lack of results doesn't make a blind bit of difference, because DHBs are essentially powerless. While they are nominally in control of hospital finances, much of their spending is pre-allocated by central government, meaning that they have very litle discretion to change things. At the same time, their elected nature means that the government gets to use the DHB as a blame sink - it's not the government underfunding hospitals and underpaying medical staff, oh no, it's the DHB. While I'm very keen on democratic governance, straight-out bureaucracy would at least make it clear where the responsibility really lies.

I guess what we need are DHB members who will not only exercise proper oversight, but ruthlessly hold the government to account when funding is inadequate. But I suspect that that would result in a swift neutering rather than any real change.

Monday, October 18, 2004



Liberals and Zaoui

The Sock Thief looks at the FIS article in the Herald and declares that Zaoui should go. He also comments:

There has been this very odd tendency for Western liberals to go soft on Islamic extremists. In New Zealand the human rights industry is up in arms trying to ensure Zaoui stays in NZ. Bizarre. I think it unlikely that there would be the same reaction if some American Christian fundamentalist was trying to enter the country illegally.

Hardly. We who oppose the government's treatment of Zaoui don't do it because of who he is or what he believes; we do it because of who we are and what we believe - namely, that imprisonment without trial on secret evidence cannot be countenanced and should be opposed, no matter who it is done to. Algerian or American, Christian or Muslim, no-one should be treated like that.

As for going "soft" on Islamic extremists, one of the basic tenets of liberalism is tolerance. Thus, we can not oppose people living amongst us simply because we do not like the way they think - that would make us no different from the extremists. As I've argued in the case of David Irving, the proper way to fight extremist memes is in the marketplace of ideas. If Zaoui wins his freedom and then attempts to establish a fundamentalist Islamic party in New Zealand, I will be raising my voice against him, just as I will be raising my voice against the National Front in Wellington next Saturday.

Worse than dogs

Another story which caught my attention in yesterday's SST was their expose on third-world conditions in police remand cells. Remand prisoners - who have not yet been convicted of any crime - have been imprisoned in police cells for up to three weeks, without natural light, fresh air, exercise, or even washing facilities, in violation of New Zealand guidelines and UN conventions. That's quite apart from other violations to do with visitors, mail, reading material and communication with the outside world.

The linked article is only a teaser for a larger feature (sadly not online), entitled "I can't wait until I get to prison". Yes, conditions are so bad that people want to be convicted to escape them. Prisoners have no sense of time, are fed on microwave TV dinners and pies (this should raise warning bells with anyone who has recently seen Supersize Me), and individual police officers have ended up bringing them clothes and buying them toothbrushes. The feature article has a rather interesting table, which I'll reproduce below:

How police cell conditions compare - minimum standards for prisoners (and dogs):

UN Human Rights Commission minimum standards Dept of Corrections minimum standards MAF animal welfare code for dogs Conditions in police cells
Exercise One hour a day At least one hour a day Between 30 minutes and two hours a day No guaranteed exercise
Food Nutritional, wholesome food, well prepared Nutritional, wholesome food Nutritious, balanced food Microwaved TV dinners
Lighting Enough natural light to read or work by Natural light. Even isolated prison cells must have windows Should have access to fresh air No natural light or fresh air
Remand rules Prisoners not convicted must be seperate from convicts Remand and sentenced not to mix - Remand and sentenced mix. Remand dressed in convict clothes
Access to reading material Books, magazines, and newspapers must be available Books and other reading material must be available - No guarantee. Some police bring books from home

To summarise: remand prisoners (who remember have not been convicted of any crime) held in police or court cells are treated worse than dogs. People can go to jail for animal mistreatment, and yet the Department of Corrections is not held accountable in any way for the conditions these prisoners are held in.

We should not be doing this. Not only is it grossly indecent, it also wastes police resources and threatens an uncontrolled release of prisoners on bail. Given these conditions, it is only a matter of time before a prisoner uses a writ of Habeas Corpus to win bail and possibly compensation. If the government wants to have any choice over who is released, then it needs to start remedying this situation now.

Shrinking coalition watch

Faced with enormous grassroots opposition and a confidence vote in Parliament, the Polish Prime Minister has promised to start withdrawing troops from Iraq from the beginning of next year:

"Poland will reduce its contingent from the start of 2005 and will discuss subsequent reductions," Belka said Friday during a speech to Parliament.

Democracy beats Bush again. And it's particularly ironic in light of Bush's angry accusation of "you forgot Poland!" in the first Presidential debate...

Speaking of the Third Way...

Over the weekend Helen Clark attended the Progressive Governance Summit in Budapest. The Progressive Governance Network is a loose affiliation of "third way" and social democratic governments founded by Bill Clinton and Tony Blair as an alternative to the more traditional Socialist International. It gets together every year to network, talk shop, and issue a joint communique. This year's communique reflected the summit's broadening membership - leaders from South Africa, Ethopia, Chile and South Korea attended as well as the usual Europeans - and thus had a heavy focus on development aid and building an "open and fair-rules based global economic and trade system" (which isn't necessarily a bad thing - it all hinges on what the rules actually are). The "peace and security" section also took a wider view, including HIV/AIDS and environmental degradation as threats to global peace, rather than just terrorism and WMD. However, it does seem that you can't invite the British to a meeting without their trying to ram an American agenda through; if they were really concerned about WMD, they'd start by getting rid of their own.

Interestingly, two key terms missing from the communique were equality and human rights. Sure, there was talk of "empowerment" and the need to "increase opportunity and social mobility", even of "social justice", but this is all equality of opportunity stuff. The old egalitarian ideal of striving to improve equality of outcome seems to be entirely absent. As for human rights, they don't even get a look in. I guess this is what happens when you have to share a meeting with a "progressive" regime which "continues to deny its citizens' basic human rights and to repress the unarmed opposition"...

Alien mindsets

Every culture has its moments when they come across like utter martians, and one of our particular ones is up on BBC at the moment. A BBC reporter asked farmers how they coped without subsidies. The answers exposed an alien mindset...

Sunday, October 17, 2004



New kiwi blog

Left and Lefter - "random thoughts from a left wing, socialist, zionist New Zealand Jew on modern day politics, war, poverty, and more".

Retracted

John Tamihere has retracted / repudiated the comments reported in this morning's Sunday Star-Times. I guess political reality asserted itself...

Ahmed Zaoui: background and attacks

The Herald has a good background piece on the FIS, the political party Zaoui was a member of before he was forced to flee Algeria. It's an interesting look at the sort of chaos you get in broad-based movements in aspring democracies, where there's little agreement even on what would seem to be the fundamentals.

Meanwhile, the Sunday Star-Times has launched a stinging attack on the government's handling of the case, accusing it of "breathtaking arrogance and an amazing contempt for civil liberties". Here's a sample:

Last week the Supreme Court threw out the government's reprehensible bid to continue the ban on TVNZ's proposed interview with the Algerian. The government will never recover the damage it has done to itself over this affair. Apparently its case is so weak that it is too frightened even to let Zaoui speak. In this, it not only treats him with contempt, it also shows it does not care for fundamental democratic rights. It is telling the people of New Zealand that they will not be allowed to hear Zaoui put his case in his own words.

In other words, this is a government which spurns one of the most basic principles of justice. The behaviour of this government is profoundly offensive to anyone who cares about democracy. And if Attorney-General Margaret Wilson agrees with this policy, she should resign. Her support would be just as repellent as David Benson-Pope's outbursts. "Get on a plane," he yells at Zaoui in parliament. Zaoui's detention "is not an imprisonment", says Wilson. Zaoui is free - to return to Algeria and an uncertain future.

There's more, and it's brutal. Stories on Stuff tend to disappear after a while, so best to read it while you still can.

Tamihere and the foreshore

John Tamihere has withdrawn his support for the government's Foreshore and Seabed Bill. This means he'll almost certainly be sacked from Cabinet, meaning he'll resign from Parliament, meaning a by-election and possible loss of the government's majority.

The timing means that this probably isn't a reaction to the allegations against him - according to the Sunday Star-Times article, he told them the day before the scandal broke. But it's not going to be making him any friends in Labour, and it's hardly going to inspire people to stick their neck out to defend him (not that anyone really was, because the allegations against him are such that nobody wants to be tainted by association).

The article talks up the possibility of a rebellion by some of Labour's Maori MPs. This would mean that the Foreshore and Seabed Bill is unlikely to pass - getting both NZFirst and United Future on side is unlikely. On the one hand, this is good - the bill as introduced unjustifiably extinguishes aboriginal title and violates the Treaty's guarantee that Maori will enjoy the same rights as other New Zealanders, and while it is held up in Parliament, the court cases are progressing. And OTOH, there's a danger that Labour will decide that if they can't pass a good bill, they'll pass a bad one, and try and get together with National to ram a simple but stupid solution through.

While there's always the hope that National would play political games - they would benefit greatly the longer the government's discomfort is dragged out - that's not really a comforting thought. Now would be a very good time for someone like the Greens to advance a compromise trusteeship solution, to get the Maori caucus back on side with the government and prevent National from making an issue of it. Is that too much to hope for?

As for Tamihere, I think he's finished. He's definately out of Cabinet for the foreseeable future, and while he may be able to win a by-election, that won't save him. The charges against him aren't political in nature - they're criminal. That's something that not even the mandate of the people can wash away.

Saturday, October 16, 2004



Answers on the BMR

Last month I submitted an Official Information Act request to the Department of Corrections seeking answers to some questions regarding the Behaviour Management Regime and whether anybody had been held responsible for the poor decisions which had cost the government (at that stage) a little over half a million dollars. The following is a summary of the response.

  • The BMR was introduced and implemented by Auckland Prison management. Its introduction was approved by Phil McCarthy, the General Manager of the Public Prisons Service.
  • The Site Manager / Superintendent of Auckland Prison was originally responsible for decisions to place inmates on the scheme. They were guided in this by "established criteria for placement" and recommedations from prison management. A recommendation from the Chief Ombudsman in October 2001 resulted in the decisions being moved to the Public Prisons Service's National office, where they were made by Phil McCarthy.
  • The BMR was suspended indefinitely following the court judgement.
  • The total legal cost to Corrections of defending its unlawful and inhumane system of imprisonment was $635,914.87. As the Herald pointed out, this takes the total cost of the BMR fiasco to over a million dollars.
  • Bringing the Department into disrepute, failing to comply with the law, or costing the Department over a million dollars in legal fees and compensation payouts may not necessarily result in disciplinary action. Such action requires "deliberate actions" amounting to "serious misconduct".
  • Finally, and most importantly, no Department of Corrections staff have been disciplined in any way for this fiasco.

It's the last point which is truly staggering. Prisoners have been subjected to inhumane conditions, the law has been broken, and the taxpayer faces a bill of over a million dollars, and no-one has been held responsible. Where is the accountability?

Another reason not to vote Labour

I've previously argued that the government's approach to prisoner compensation means that those who support human rights should not support Labour. Their approach to the Zaoui case is also a strong argument against them. But now we have another reason to give our suport to parties which actually support human rights rather than sneering at them: David Benson-Pope. Scoop reports that during Question Time on thursday, they noticed several interjections urging Zaoui to "get on a plane". The source of these comments was Mr Benson-Pope. Scoop talked to Benson-Pope's spinner, and had this fascinating conversation:

Pete Coleman: I had a chat to David and he thought the comments he made were 'tell him [Zaoui] to get on the plane' but you may have heard it differently in the bluster of the House. Those comments are sincere and he [Mr Benson-Pope] was trying to emphasise the same point that Margaret Wilson was in fact making that he [A genuine refugee adjudged to be at risk of torture and death] is free to leave anytime.

Scoop: So he was actually saying to 'get out of the country' then - that was pretty much it wasn't it?

Pete Coleman: Yep

This is the sort of attitude I'd expect from NZFirst, not from a progressive party like Labour.

Unfortunately, Benson-Pope has a majority of more than 14000, so there's little hope of using electoral pressure to change his mind. But if you'd like to let him know how disgusting you think his comments are, you can email him here.

Friday, October 15, 2004



Tamihere

What to say about John Tamihere's latest scandal? Firstly, the issue of tax may very well be a misunderstanding: Tamihere may have thought that the Waipareira Trust was paying it, while the Trust thought that he was. But as Rodney Hide pointed out on Holmes tonight, the question can be resolved very clearly by Tamihere's tax records: if he declared the payment to the IRD, both net and gross figures, then he's essentially in the clear. If he failed to declare it - almost $200,000 - then he should go - and not just from Cabinet, but from Parliament as well.

There are other issues - among them whether it was proper for the Trust to bankroll Tamihere's election campaign. I'm more comfortable with this: an iwi or urban Maori organisation wanting to send someone to Parliament is in principle no different from the rich wankers in the BRT who bankrolled ACT. Provided it was not done with government money, and complied with the rules regarding electoral funding, then I have no problem with it. What I do have a problem with is MPs being paid large sums of money once elected, especially in light of the comments by a Waipareira Trust spokesperson on 3 News tonight that it wasn't a golden handshake, but a payment for things they'd wanted Tamihere to do while in Parliament (which sounds suspiciously like bribery to my untrained ear). I'm also disturbed that such a large payment could be kept secret. Shouldn't we be demanding that our politicians declare all such gifts and payments in the interest of political hygiene?

Finally, one point that none of the commentators seem to have raised so far is that if Tamihere is forced to resign from Parliament, the result will be a by-election. This will threaten the government's majority (already razor-thin following the defection of Tariana Turia). While I don't think that this will result in the government falling - they can almost certainly cut a deal with the Greens or NZFirst for confidence and supply - it does make the stakes rather higher than they first appear.

First thoughts on the Third Way

I've been reading a lot about the Third Way recently. For those of you who aren't familiar with the term, the Third Way is the name for the sort of nominally (but maybe not really) left-wing policies pursued in the UK or here. It represents an attempt to reconcile social democracy (the first way) with neo-liberalism (the second) in order to produce a more centrist ideology which remains true to social democratic values while being relevant to a world in which class is dead and markets are triumphant.

At first glance, this doesn't sound too bad. After all, markets are a tool, just like government; does it matter so much which tools we use in pursuit of our goals? Unfortunately, the theory of the Third Way - as espoused by Anthony Giddens in his book The Third Way: The Renewal of Social Democracy - goes a little further than that. He lays out a list of "Third Way values":

  • Equality
  • Protection of the vulnerable
  • Freedom as autonomy
  • No rights without responsibilities
  • No authority without democracy
  • Cosmopolitan pluralism
  • Philosophic conservatism

...except that they don't realy mean what they seem to mean. "Protection of the vulnerable" turns out to mean "tough on crime", "no rights without responsibilities" means workfare, and "freedom as autonomy" is not about personal liberty but about obligations to the community. As for equality, it is first recast as a neutered equality of opportunity with a slight mention of redistribution, and then (in his later book The Third Way and its Critics) weakened still further: having noted that "equality of opportunity typically creates higher rather than lower inequalities of outcome", Giddens goes on to say that social democrats should accept this outcome; his comments on redistribution later in the same section are little different from those seen from neo-liberals.

And in terms of concrete policy specifications, a joint pamphlet by Tony Blair and Gerhard Schroder The Third Way / Die Neue Mitte advocates the usual neo-liberal recipe of price stability, tax cuts, shrinking government and tough welfare policies.

So looking at the theory, the Third Way seems to be nothing more than neo-liberalism cloaked in Orwellian newspeak.

What about the practice? Here we run into another problem: the Third Way is a broad path (so broad that one critic has compared it to a carpark), and there are many different variants. Blair's version seems to be little more than Thatcher in drag; while he has made important moves on child poverty, the rest of his program seems distressingly familiar to those who voted against neo-liberalism in 1997 (which is why they stayed away in droves at the last British election). In other words, his Third Way is just an attempt to disguise a continuation of neo-liberal policies from the left. But in New Zealand, it seems that the opposite is the case - our Third Way is far lefter than Blair's, and the label seems more an attempt to hide a (gradual) return to social democracy from the local right!

While the Clark government has left the underlying neo-liberal foundations mostly intact, it has not abandoned its commitment to equality of outcome. Neither has it abandoned low-income workers in favour of flexible labour markets, or government provision of core services in favour of the market. And so we've seen the renationalisation of ACC, the Employment Relations Act, and, in Working for Families, the first serious expansion of the welfare state in over twenty years. I guess the strategy of subterfuge works both ways.

As for how we have this seemingly ridiculous situation of an ideological platform which is objectionable in theory but (at least sometimes) acceptable in practice, I think the answer lies in its origins. The Third Way was conceived and propagated as an electoral strategy, a grab-bag of disparate positions chosen to appeal to the supporters of neo-liberalism, by disillusioned social democrats who seem to have taken Francis Fukuyama's "end of history" far too seriously. They didn't believe social democratic values could be defended any more, and so sacrificed them. However, as the Clark government - and the poor reaction to Blair - shows, that isn't really the case. And it shows the way forward for the Third Way: not by abandoning social democratic values such as liberty and equality, but by re-confirming them. Buried under the Third Way's hype is something that can be defended: an attempt to update social democracy for an era where class isn't so relevant, and where the old tools seem less effective. But it cannot be defended if that "update" involves sacrificing the core values which made social democracy worth pursuing in the first place.

Public Address has a new section, The Great New Zealand Argument, dedicated to republishing important speeches, pamphlets, essays and opinion pieces from the past so that they will not be forgotten. This week's offering is David Lange's 1985 address in the Oxford Union debate, that Nuclear Weapons are Morally Indefensible. It is well worth reading as a reminder of why we established an anti-nuclear policy, and why we continue to hold to it.

Existing processes

Critics of compensation payouts to prisoners have argued that they should only be allowed access to the courts once they have exhausted existing processes. Unfortunately, those existing processes don't seem to work. A report by the ombudsman has revealed that Corrections were uninterested even in complaints of serious assaults by guards on inmates, and uninterested in taking simple steps to prevent them:

In his annual report to Parliament, John Belgrave says prisons were not dealing promptly with assault allegations against staff, and had yet to install surveillance cameras in "volatile units", where many incidents were claimed to happen.

In a statement, Mr Belgrave said Corrections had been told in 1999, 2002 and last year that there were concerns about delays in investigating assault claims, but had failed to act. The department had also been asked in 2002 and last year to install video cameras in trouble spots to allow incidents to be monitored.

(I guess Garth George won't be complaining about their loss of "traditional values" then...)

Under these circumstances, the demand that prisoners with complaints exhaust existing processes is nothing more than a cruel joke designed to deny them any form of justice or redress. But then was there even any pretence to the contrary...?

Technicalities

The Herald is up in arms today about a manslaughterer who was "released from prison on a technicality" (to quote their front page lead). Except that when you look into the story, you discover that he is currently suspected of arson, and the "problem" is the inability of Corrections to recall him to prison on the manslaughter charge because he had legally completed his sentence.

Next no doubt they'll be complaining about people being set free on the "technicality" of being found innocent...

Thursday, October 14, 2004



Zaoui event at Parliament next Wednesday

Amnesty International, Matt Robson and Keith Locke are hosting a Wellington launch at Parliament next Wednesday (October 20th) for Selwyn Manning's book about the Zaoui case, I almost forgot about the moon. The thing kicks off at 17:45, and speakers will include Selwyn Manning (author), Ced Simpson of Amnesty International, Ross Wilson from the CTU, and Deborah Manning (one of Zaoui's lawyers). Due to Parliamentary security, you'll need an RSVP with your name on it - email matt.robson@parliament.govt.nz or keith.locke@parliament.govt.nz to get one.

It's also good to see the unions coming out in support of Zaoui - the CTU has called for the government to accept the Court of Appeal judgement and assess Zaoui's security risk certificate by the rules the court has laid down, while the Association of University Staff has called for his release. And if you're at Vic, please go to the SGM tomorrow to award Zaoui life membership of VUWSA.

A use for the Cullen fund

One of the longstanding problems with the New Zealand economy has been a shortage of capital. Because we have no "old money" here - no aristocratic families with vast wealth accumulated from centuries of squeezing every last groat out of the peasantry - we are forced to look offshore when we need to borrow for capital expenditure or infrastructure development - or when we need to find a purchaser for any sizable business. Which is why we persistantly run large trade deficits: money borrowed from overseas results in interest being paid overseas, while the foreign owners of our large businesses naturally want to take their profits back home with them.

The Cullen Fund has some capacity to fix this, simply by virtue of being a large pot of money controlled by New Zealanders. While we can't invest very much of it in New Zealand (it is simply too big for our sharemarket), the income from the profits it is supposed to make will be returned to us, helping to offset the flow of foreign investment.

But there's also another problem, which the Cullen Fund can help with: venture capital. We see the story in the news all the time: a kiwi entrepreneur comes up with a brilliant idea, but is unable to fund it properly. Either they lack the capital to turn it into a successful business, or having turned it into a business, they find themselves unable to expand it to meet market demand. In both cases, the result is usually the same: they sell out to foreign investors (assuming the IRD doesn't bankrupt them first).

This is a particularly New Zealand problem. In the US, where they have old money (though slightly newer, and made from slaves and corruption rather than peasants), they have venture capital companies, which provide funds and investment in these sort of situations. The entrepreneur gets the money they need to make a go of it, and the venture capital company gets equity, which (they hope) will eventually pay off. While the venture capital firms do their best to "pick winners", they are effectively gambling: some (most?) of the companies they fund will fail or only be marginally profitable, but enough are successful for it to be profitable, and there's always the hope of getting in on the ground floor of the new Microsoft.

There isn't much in the way of venture capital in New Zealand (due to not having enough capital in the first place), which is where the Cullen Fund comes in. Part of it could easily be spun off into a wholly-owned venture capital firm with the purpose of making a return for the fund by helping to establish New Zealand companies. This would not only provide something not currently provided by the market, but it would also help keep New Zealand companies in New Zealand, and in New Zealand hands, thus helping to fulfil the government's economic development goals.

Obviously a business case would have to be made, but if the key problem is that there's not enough money to fund startups, rather than there not being enough decent startups to fund, then it would seem to be a worthwhile venture.