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Dr Stephen O’Brien is the Dean for the Faculty of Health, Education and Society at the University of Northampton
Over the past few weeks our political lexicon has been further developed. We have all learned a new word. The word in question is prorogation. Hands up who had heard of this term before recent events in parliament? I see very few hands up. What we all now know is that this is the term that defines the discontinuation of a session of a parliament or other legislative assembly without dissolving it. It means parliament’s sitting is suspended and it ends all current legislation under discussion. It is usual for this to happen every autumn. The current prorogation is for five weeks and includes a three-week period that would typically be recess anyway, during which the Liberal Democrat, Labour and Conservative party conferences are held, but is nevertheless longer than usual. However, there are several highly irregular factors at play here. For prorogation to last more than a month is unprecedented in recent times. For example, since the 1980s prorogation has typically lasted less than a week. So, what is going on and why is this prorogation proving to be so contentious?
The heart of the matter is the issue that has dominated UK politics for the past three years, namely Brexit. Despite a vote to leave the European Union (EU) back in June 2016 we currently remain part of the EU with the deal negotiated under the previous prime minister Theresa May culminating in a withdrawal agreement that was soundly rejected by parliament on several occasions. This has set up tensions between the people and parliament. How do we enact the will of the people and honour the referendum result within a parliamentary democracy where there is no majority for any Leave deal on the table?
The new prime minister Boris Johnson and his cabinet are resolved to break the political impasse by leaving come what may “do or die” by October 31st, 2019. So, with the country rapidly approaching the deadline for leaving the EU, Parliament has been working to pass a law that would prevent the UK crashing out without a deal, regardless of the fact that Boris Johnson has promised to leave on that date. With no deal currently agreed and no law allowing a no deal exit the Government would be obliged to ask the EU for another extension. There are suggestions from some quarters that the Government might ignore any law requiring them to agree an extension with the EU. Given this situation some politicians have been dismayed that parliament will not be sitting while the situation remains unresolved. Hence the view that this prorogation is stifling parliamentary debate on the most crucial political issue in a generation.
The act of prorogation took place in the early hours of Tuesday September 10th with a ceremony involving a message from the Queen being read in the House of Lords and then Black Rod summoning MPs from the Commons. A list of all the bills passed by the parliament was read, followed by a speech on behalf of the Queen announcing what has been achieved by the government before MPs were sent home. Johnson intends for parliament to return on 14 October with a Queen’s speech, which he says will “bring forward an ambitious new legislative programme for MPs’ approval”. He will then almost immediately have to head to Europe for the vital EU council, which is the last chance for him to obtain a new Brexit deal or to ask for an extension of article 50.
The situation has been deemed a constitutional crisis by some and the fact that parliament is not sitting at this critical time is being seen by some as undemocratic, indeed unlawful. Indeed, the act of prorogation has been subject to judicial review for the past couple of weeks. Scottish appeal court judges declared Boris Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline unlawful. The three judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the power to interfere in the prime minister’s political decision to prorogue parliament. The key issue in question being whether the act was in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.
Regardless of the legal arguments which ended up being played out in three dramatic days this week in the Supreme Court the Brexit process and endgame has pointed up a range of tensions at the intersections of our constitution. The old political landscape is being swept away and being replaced by a much more complex set of political indicators. Left versus Right which had been making a comeback after years of centrist neo-liberalism has been replaced by Leave versus Remain which pervades across the old battle lines. Furthermore, other tensions are apparent as set out below.
- People versus Parliament (How to deliver the referendum result in a parliamentary democracy)
- Executive (Government) versus Parliament (especially when the executive has no overall voting majority)
- The Executive versus the Judiciary
- The position of the Judiciary as related to Constitution
- Politics versus The Law
- The roles and power relationships of the Executive, Parliament and the Judiciary as related to The Constitution.
What the overall Brexit process has created is a new socio-political landscape in the UK, with distinct differences in each of the four countries. It also illustrates how complex the nature of our constitution is given there is no written version and we depend on precedent and convention. The intersections are thrown into sharp relief by the current “crisis”.
Whilst all of this may be concerning as the old order shifts the really concerning question is whether the Executive will abide by the law. Given the outcomes of Parliament in terms of blocking “no deal” regardless of the Supreme Court Judgement on the legality of the prorogation. So, will we leave EU on October 31st? Utilising classic political phraseology, I’d say there is still all to play for, it’s too close to call and all bets are off.
Dr Stephen O’Brien
The governments contingency plan ‘Operation Yellowhammer’ has just been released. Notice I use the words released rather than published, the latter suggesting that the government provided the information to the public willingly. Of course, nothing is further from the truth, the government were forced by parliament to release the document and it does not make pretty reading.
On closer examination, there are few surprises. Food prices will go up as certain foods become less available. More importantly, the document recognises that vulnerable groups, those on low incomes “will be disproportionately affected by any price rises in food and fuel”.
Protests and counter protest will take place across the country, inevitably this will lead to major disorder and will stretch an already overstretched police service to breaking point. The 20,000 extra police officers the government has promised are going to be needed. Some serious magic is required to produce these and quickly.
Lorries will be queuing up to cross the channel further stretching police and highways resources as they attempt to implement ‘Operation Brock’. The flow of goods will be severely disrupted and could have an impact on the supply of medicines and medical supplies. Once again, the vulnerable will be hit the hardest.
Some businesses will cease trading. You can bet that the people affected will not be those with money, only those without. Unemployment will go up as the economy takes a nose dive and fewer jobs become available.
There will be a growth in the black market. It doesn’t take a genius to work out the concept of supply and demand. Left unchecked, we could see the rise of organised crime far beyond that impacting the country presently. To exacerbate the problem, law enforcement data between the EU and the UK will be disrupted. Those 20,000 police officers are going to need to do double shifts.
Social care providers might fail. Never mind, its only the most vulnerable in society that are being looked after by them. If you can afford a good care home, it shouldn’t impact, if not, there are always police cells.
Just a few minor problems then with the advent of a ‘no deal Brexit’. Possibly exacerbated by natural phenomena such as flooding (of course that never happens) or a flu pandemic (I hope you’ve had your flu vaccine).
It doesn’t matter whether you voted to leave the European Union, or you voted to stay, you would have to be rather vacuous if you are not concerned by the contents of ‘Operation yellowhammer’.
But the most worrying aspect of all of this is that the government have been openly and vigorously pursuing a policy of leaving the EU with or without a deal. Let’s cut to the chase then, by pursuing its course of action, this government’s policy is to ruin the country and create mayhem. Would you really vote for that, I know I wouldn’t?
It seems remarkable doesn’t it that that we have reached the stage where the democratic institutions we hold dear are so openly crumbling before our eyes. Whilst many have been sceptical about how much you can trust a politician; rarely do we get the opportunity to gaze at the vitriolic evidence that embodies everything that we thought about politics in this country.
We have a prime minister who appears so simplistically single minded that he is blinded to the obvious and prepared to put the peace process in Ireland at risk, ruin the fragile economy, run rough shod over democracy and further damage his own party in the process.
Two concepts come to mind, the concept of leadership and ethics. There are several leadership typologies and I don’t propose to rehearse them here, save to say that there are good leaders and there are bad. The good ones we will follow anywhere, the bad, well they fall by the wayside eventually but usually not without having some calamitous impact. And as for ethics, I am minded to revert to the ‘Nolan principles’, the basis of ethical standards in public life. An examination of some of these principles against the backdrop of past and current political events reveals some interesting incongruities.
Selflessness – Holders of public office should act solely in terms of the public interest.
When former prime minister David Cameron called for a referendum did he have the ‘national interest’ at heart or was it more to do with the divisions within the Tory party? What government would be so foolhardy to think that there would be no consequences from such a referendum? Where were the government advisors pointing to the very real possibility that peace on the Irish mainland would be threatened if the referendum went the wrong way? Did anyone in government really care; was healing the divisions in the Tory party more important?
When Boris Johnson decided to prorogue parliament, did he do so in the public interests or was it simply to ensure that the possibility of parliament having its say on Brexit would be seriously curtailed? For ministers to state this is simply ordinary business appears to be somewhat disingenuous given the circumstances and the extraordinary length of the break.
When ‘leave means leave’ does that mean that ‘a no deal’ Brexit is in the public interests?
Objectivity – Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
How can the prime minister state that he is taking decisions on merit using best evidence when he intends to shut down parliament, preventing any debate? Where is the impartiality when he is so single minded? How can he be viewed as impartial when he advocates bullying to get his own way, threatening to withhold the whip from any that vote against his wishes. Bullying is not leadership, threats of job losses will not galvanise people to the cause, it only alienates and divides.
Accountability – Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
Just where is the scrutiny if parliament is prorogued? Just how accountable are ministers if they avoid confirming that they will abide by any legislation that prevents a ‘no-deal’ Brexit being passed?
Honesty – Holders of public office should be truthful.
Now here lies the crux of it all. Leaders are not leaders if the have a propensity to be somewhat economical with the actualité. Enter the red bus, just how truthful was it to suggest that we could save £350 million a week and use that to fund the NHS? Just how honest is it to say that proroguing parliament had nothing to do with shutting up opponents? Just how much can we believe this prime minister or any other leader when the lies are so obviously blatant?
Leadership – Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.
It isn’t too difficult to conclude that a leader that does not display ethical behaviours is hardly likely to promote them elsewhere. Currently, as with so many institutions, this government lacks real leadership and it would appear that principles are no more than a wish list. Just who will hold government and the past and current leaders to account for Brexit, bullying and all the bull****?
The Office of National Statistics has admitted to some frailties in its data collection around migration. What a shock it must have been to discover that the manner in which it collected the data was somewhat flawed, so much so that they have now downgraded the data to ‘experimental’.
It might seem almost laughable that an organisation that prides itself in, and espouses data accuracy and has in the past criticised police recorded figures for being inaccurate (we know they are) has itself fallen foul of inaccuracies brought about by its own ill thought out data gathering attempts. The issue though is far greater than simple school boy errors, these figures have had a major impact on government policy for years around immigration with calls for greater control of our borders and the inevitable identification of the ‘other’.
The figures seem to be erroneous from somewhere between the mid-2000s and 2016, although it is unclear how accurate they are now. New analysis shows that European Union net migration was 16% higher in 2015-16 than first thought. Whilst the ONS admits that its estimation of net migration from non-EU countries is overestimated, it is not clear exactly by how much this might be.
Such a faux pas led to the story hitting the news; ‘EU migration to UK ‘underestimated’ by ONS’ (BBC, 2019) and ‘Office for National Statistics downgrades ‘not fully reliable’ official immigration data as experts claim figures have been ‘systematically under-estimating net migration from EU countries’ (Daily Mail, 2019).
So, there we are the ONS gets statistics wrong as well and the adjusted figures simply support what Brexiteers have been telling everyone all along. But why release the figures now? When were these errors identified? Surely if they have been inaccurate until 2016 then the mistake must have been found some short time after that. So why wait until the eleventh hour when ‘Brexit means Brexit’ is about to come to a calamitous conclusion? And why those headlines? Why not the headline ‘Big mistake: net migration from outside the EU vastly overestimated’?
I’m not one to subscribe to conspiracy theories but at times it is difficult to overlook the blindingly obvious. So called independent bodies may not be that independent, the puppet master pulls the strings and the puppets dance. Little value in headlining facts that do not support the right-wing rhetoric but great political value to be had in muddying the waters about the EU and open borders.
This discourse ignores the value of migration and simply plays on the fears of the populace, these are well rehearsed and now age-old arguments that I and many others have made*. The concern though is when ‘independent institutions’ subtly start to join in the furore and the moral compass starts to become distorted, subjugated to political ideals. I can’t help but wonder, what would Durkheim make of it?
* It is well worth watching Hollie McNish’s Mathematics on YouTube.
Learning and teaching is a complex business, difficult to describe even by those in the process of either/or both. Pedagogy, as defined by Lexico is ‘[t]he method and practice of teaching, especially as an academic subject or theoretical concept’. It underpins all teaching activity and despite the seemingly straightforward definition, is a complex business. At university, there are a variety of pedagogies both across and within disciplines. How to teach, is as much of a hot topic, as what to teach and the methods and practices are varied.
So how would you feel if I said I wanted Criminology students to quake in their boots at the prospect of missing classes? Or “literally feel terror” at the thought of failing to do their reading or not submitting an assessment? Would you see this as a positive attempt to motivate an eager learner? A reaction to getting the best out of lazy or recalcitrant students? A way of instilling discipline, keeping them on the straight and narrow on the road to achieving success? After all, if the grades are good then everything must be okay? Furthermore, given many Criminology graduate go on to careers within Foucault’s ‘disciplinary society’ maybe it would be useful to give them a taste of what’s to come for the people they deal with (1977: 209).
Hopefully, you are aghast that I would even consider such an approach (I promise, I’m definitely not) and you’ve already thought of strong, considered arguments as to why this would be a very bad idea Yet, last week the new Home Secretary, Pritti Patel stated that she wanted people to “literally feel terror” at the prospect of becoming involved in crime. Although presented as a novel policy, many will recognise this approach as firmly rooted in ideas from the Classical School of Criminology. Based on the concepts of certainty, celerity and severity, these ideas sought to move away from barbaric notions and practices to a more sophisticated understanding of crime and punishment.
Deterrence (at the heart of Classical School thought) can be general or specific; focused on society or individuals. Patel appears to be directing her focus on the latter, suggesting that feelings of “terror” will deter individuals from committing crime. Certainly, one of the classical school’s primary texts, On Crime and Punishment addresses this issue:
‘What is the political intention of punishments? To terrify, and to be an example to others. Is this intention answered, by thus privately torturing the guilty and the innocent?’(Beccaria, 1778: 64)
So, let’s think through this idea of terrorising people away from crime, could it work? As I’ve argued before if your crime is a matter of conscience it is highly unlikely to work (think Conscientious Objectors, Suffragettes, some terrorists). If it is a crime of necessity, stealing to feed yourself or your family, it is also unlikely to succeed, certainly the choice between starvation and crime is terrifying already. What about children testing boundaries with peers, can they really think through all the consequences of actions, research suggests that may not be case (Rutherford, 1986/2002). Other scenarios could include those under the influence of alcohol/drugs and mental health illnesses, both of which may have an impact on individual ability to think through problems and solutions. All in all, it seems not everyone can be deterred and furthermore, not all crimes are deterrable (Jacobs, 2010). So much for the Home Secretary’s grand solution to crime.
As Drillminister demonstrates to powerful effect, violent language is contextual (see @sineqd‘s discussion here). Whilst threats to kill are perceived as violence when uttered by young, black men in hoods, in the mouths of politicians they apparently lose their viciousness. What should we then make of Pritti Patel’s threats to make citizens “literally feel terror”?
Beccaria, Cesare, (1778), An Essay on Crimes and Punishments, (Edinburgh: Alexander Donaldson), [online]. Available from: https://archive.org/details/essayoncrimespu00Becc/page/n3
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Jacobs, Bruce A., (2010), ‘Deterrence and Deterrability’, Criminology, 48, 2: 417-441
Rutherford, Andrew, (1986/2002), Growing Out of Crime: The New Era, (Winchester: Waterside Press)