Saturday 6 December 2008

The article by Charles Moore is an important one and well worth 
reading.  This is recognised by Richard North in his commentary 
below.  I differ from Mr North  in that I think his cynicism and 
defeatism make the task of putting things right infinitely more 
difficult.

He rightly identifies how we got in this mess but then goes on to 
wash his hands of it and indeed to sneer at those who try in their 
way to protest so that we may take the long road back to proper 
standards.   (I have deleted one sentence of 31 words only of such 
sneering and self-promotion)

What is the point in being so destructive when the only result is to 
advance the cataclysm he sees as inevitable?

I for one will continue to take any allies that are walking the same 
road as me if it has any chance of helping my country.

xxxxxxxxxxxx cs

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TELEGRAPH   6.12.08
Damian Green arrest was caused by Labour's abuse of Parliament
By Charles Moore

Through the smoke of battle surrounding the police raid on Damian 
Green's parliamentary offices, hold on to one simple point. This 
would never have happened before 1997.


Until the era of New Labour, the conventions were understood. The 
police, without being constitutional experts, knew instinctively not 
to bring handcuffs into political matters.

The Civil Service, though rightly furious about leaks, was cautious 
when it came to investigating elected politicians. The Government 
itself, getting wind of trouble, deployed the ancient concept of the 
"quiet word" to discourage too much zeal by the constabulary.

And if, nevertheless, the police had come to the Commons authorities 
with their proposal to raid, the Speaker would have seen at once that 
such a request touched on the vital rights of Parliament. He would 
have wanted to know the precise nature of the accusation (on Privy 
Council terms), and would almost certainly have prevented the raid.
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Why is it different now?    There are several reasons.

1. Terrorism. Since September 11, 2001, the threat of terror attacks 
has been very real. New laws have been required to deal with it, but 
terrorism has become a too convenient excuse for any form of 
intrusion that the authorities desire - ID cards, council 
surveillance of rubbish bins, helicopters etc.

In her redesigned role, more limited than that of her predecessors, 
the Serjeant-at-Arms, Jill Pay, spends most of her time dealing with 
matters of security, and therefore hobnobbing with the police and 
MI5. She probably knows them much better than she knows MPs. She was 
too ready to believe the "anti-terrorist" police when they came to 
her about Mr Green, invoking national security.

2. Inverted snobbery. New Labour dislikes the "Men in Tights", the 
public schoolboys/ex-top brass who have traditionally been the 
officers of Parliament. Its modernising agenda was supposed to blow 
away the cobwebs of class.

In 2000, the Speaker, Michael Martin, was pushed into the post by the 
government whips, against the long-standing convention that the 
parties take it in turn, so he was never really endorsed, as the 
Speaker needs to be, by the free will of the whole House.

Once appointed, Mr Martin cast aside the traditional wig, breeches, 
and therefore tights. In the process, he also cast aside a body of 
knowledge about how Parliament works. Thinking himself patronised by 
people he regarded as "snobs", Mr Martin got rid of the Men in 
Tights, and appointed Mrs Pay as Serjeant-at-Arms.

When the police came to Mrs Pay about Mr Green, she gave in to them 
without seeming to understand what was at stake. And although Mr 
Speaker had himself appointed her in the name of egalitarianism, he 
did not ask her the right questions about the raid and did not stand 
up for her when it all went wrong.

The important surviving Man in Tights in the Palace of Westminster is 
Black Rod, Lt-Gen. Sir Michael Willcocks, who is in charge of matters 
in the House of Lords. It was Black Rod, you may remember, who had 
the guts to uphold the constitution and prevent Tony Blair from 
muscling in on the Queen Mother's funeral. If the Met had come to his 
House, rather than to Mrs Pay's, you can be sure that the rights of 
Parliament would have been asserted.

3. The politicisation of the police. Since the Macpherson report on 
the death of Stephen Lawrence, when they were told that they were 
institutionally racist, the police have known that they can only gain 
promotion by being politically correct and ingratiating themselves 
with their political masters. The disastrous career of Sir Ian Blair 
is a case study - a weird mixture of trying to be the agent of social 
change (sucking up to Muslim extremists) on the one hand, and of 
using heavy-handed powers (the shooting of Jean Charles de Menezes) 
on the other.

In the life of the modern senior policemen, no one bulks larger than 
Sir David Normington, permanent secretary at the Home Office, the man 
responsible for calling the police in to the leak investigations. Sir 
David chairs the body that will select candidates to replace Sir Ian 
as head of the Met. Like those knights trying to please Henry II by 
killing Thomas à Becket, ambitious senior officers rushed after Mr 
Green at Sir David's behest, apparently without reflecting that we 
live in parliamentary democracy. I almost find myself agreeing with 
the old IRA jibe that the "British state" is run by "securocrats".

And once the police lost their historic distance from politics, they 
went in up to their necks. Most of the anti-Labour press was 
delighted when the cash-for-honours affair led the police to 
interview the Prime Minister, Tony Blair, under caution. It seemed to 
betoken police independence. Actually, it was just the flipside of 
what had gone wrong - a doomed attempt to interfere in political 
matters that would never stand up in a court of law and was therefore 
pointless. It degraded all involved.

4. The weakening of Parliament. Governments always want to bypass 
Parliament, but before 1997, the conventions were upheld, more or 
less, by both parties. The power of Parliament to hold the executive 
to account relies on control of the timetable.

Under reforms posing as "family-friendly", the Commons gave up the 
power to spin out debates through the night, to make sure that Bills 
would fall if uncompleted at the end of a session and to debate 
constitutional matters without a "guillotine". The Government can 
now, therefore, get what it wants almost every time. No wonder, when 
you glance at the television screen, that you see the green benches 
empty.

In this situation, the Speaker may not have ultimate power, but he 
can have moral influence. If, for example, Mr Martin had complained 
when the Government leaked its own pre-Budget tax changes before 
telling Parliament, he could have embarrassed it into backing off. 
But he didn't, and doesn't. Even in the Green case, he has already 
accepted a government motion for Monday which will delay the inquiry 
until the police have done their work, though this goes against what 
he called for himself in his statement to the House on Wednesday.

Mr Martin does what so many MPs have done in the face of the draining 
of powers to Europe, Whitehall, the courts and the media. He has 
settled for bigger offices, more pay, larger expenses and a massive 
pension - preferring a mess of pottage for himself to the birthright 
that is ours.

It has been saddening in this rumpus to see how little the general 
public seem to mind the mistreatment of Parliament - saddening, but 
understandable. We believe less and less that it belongs to us: we 
are right.

When New Labour won in 1997, I don't think it wanted to undermine 
parliamentary democracy, but it harboured a destructive hatred for 
the institutions, conventions and traditions of this country. Now we 
see the bitter and oppressive results.

In his famous poem about Oliver Cromwell, Andrew Marvell saw how 
Cromwell's ambition would "ruin the great work of time". Such ruin is 
taking place before our eyes
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EUREFERENDUM    6.12.08

Mind over matter

Charles Moore is rampant in The Daily Telegraph today, giving vent to 
his tribalism as he gives "New Labour" a good kicking. But buried in 
his diatribe are some sobering words. Of the Speaker, and of 
parliament as a whole, he writes:

Mr Martin does what so many MPs have done in the face of the draining 
of powers to Europe, Whitehall, the courts and the media. He has 
settled for bigger offices, more pay, larger expenses and a massive 
pension - preferring a mess of pottage for himself to the birthright 
that is ours.


It has been saddening in this rumpus to see how little the general 
public seem to mind the mistreatment of Parliament - saddening, but 
understandable. We believe less and less that it belongs to us: we 
are right.

I am actually mildly surprised that the great Charles Moore has so 
correctly divined the wider sentiment but he is absolutely right when 
he notes "how little the general public seem to mind the mistreatment 
of Parliament."

(- - - - - -)  Far from universal outrage over the presumed breach of 
parliamentary privilege, what I discerned was amusement, observing 
that most ordinary people rather enjoyed the prospect of an MP's pad 
being turned over by the Old Bill.

Interestingly, Moore refers not to the "privileges" of MPs and 
parliament, but to "rights" and it is undoubtedly because MPs as a 
collective are so heedless of our rights that we care so little for 
theirs.

The most important of ours, of course, is the right to have a 
legislature which makes our laws and is accountable for them, rather 
than outsourcing them to Brussels and the legions of anonymous 
officials in Whitehall and elsewhere.

Taking Moore's piece in the round though, I would not disagree with 
his condemnation of New Labour. But what I dislike about Tory 
tribalism is the easy fiction that history begins in 1997. It is this 
that allows all the ills of our society to be laid at Labour's door.

The processes by which the authority of parliament has been eroded, 
however, started long before Labour took office, not least in 1972 
when we joined the EEC - under a Conservative administration. Another 
giant step in its decline was the ratification of the Maastricht 
treaty, where John Major rammed through the amendments to the ECA in 
the teeth of opposition from his own party, a trauma from which the 
Conservatives have still to recover.

But another gigantic step was Thatcher's ill-conceived reforms of the 
civil service with introduction of "Next Step" agencies in 1988, and 
in particular the creation of "sefras". These, above all else, broke 
the link between parliamentary accountability and huge tranches of 
public administration.

That, combined with the increasing resort to Statutory Instruments - 
which saw its biggest leap forwards in the Major era as a handy 
mechanism for introducing EU law without the inconvenience and 
embarrassment of a parliamentary debate - and the scene was set for 
New Labour, which has continued rather than started the process of 
decline.

The other neglected issue is the nature of our parliamentary system 
which is, at its very heart, adversarial. The system relies not only 
on good government but good opposition. The one goes with the other 
to make a whole.

It is here that we as a nation have been so badly let down. Not only 
have we had to suffer a uniquely bad government but we have been thus 
saddled at a time when the opposition has also been weak and ill-
directed. The failures we see, therefore, are not simply those of the 
government but of the system as a whole, the lack of robust and 
effective opposition being a significant contributory factor.

Whether or not the situation is recoverable, I do not know - I rather 
suspect it has gone too far down the road to destruction. Certainly, 
it is going to take a lot more than a debate on Monday. What will 
make the difference will be when MPs start to realise that they are 
in parliament not to defend their rights but ours.

Frankly, I do not see this happening and until it does, there will be 
very little general sympathy for MPs, even if the Old Bill turns over 
the whole damn lot of them. It is rather a variation on the theme of 
"mind over matter". We don't mind, because they don't matter. And 
they don't matter to us, because we don't matter to them.

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Posted by Richard North