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Constitutional Crisis? What Crisis

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

Cutting to the chase: A policy of ruination and mayhem.

Boris 2

“London Riots (Hackney) 8/8/11” by Mohamed Hafez is licensed under CC BY-SA 4.0  (edited)

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?

 

 

 

 

Brexit, bullying and bull****.

“Boris Mayor of London” by Fred Dawson is licensed under CC BY-NC-ND 2.0  (edited)

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****?

Hillsborough 30 years on. A case study in liberating the truth

https://twitter.com/lfc/status/

Dr Stephen O’Brien is the Dean for the Faculty of Health and Society at the University of Northampton

Before I start this blog, it is important to declare my personal position. I am a lifelong supporter of Liverpool Football Club (LFC) and had I not been at a friend’s wedding on that fatal Saturday in April 1989, I may well have been in the Leppings Lane end of the Hillsborough stadium in Sheffield. I have followed the unfolding Hillsborough phenomenon for 30 years now and like the football club itself, it is an integral part of my life. To all caught up in the horrific events of Hillsborough, I echo a phrase synonymous with LFC and say; “You’ll Never Walk Alone”.

On April 15th, 1989 ninety-six men, women and children, supporters of Liverpool Football Club, died in a severe crush at an FA Cup semi-final at the Hillsborough Stadium, Sheffield. Hundreds were injured, and thousands traumatised. Within hours, the causes and circumstances of the disaster were being contested. While an initial judicial inquiry found serious institutional failures in the policing and management of the capacity crowd, no criminal prosecutions resulted, and the inquests returned ‘accidental death’ verdicts. Immediately, the authorities claimed that drunken, violent fans had caused the fatal crush. In the days and weeks following the disaster, police fed false stories to the press suggesting that hooliganism and drunkenness by Liverpool supporters were the root causes of the disaster. The media briefing was most significantly demonstrated in the headline “THE TRUTH” which appeared in The Sun newspaper immediately after the event devoting its front page to the story and reporting that: ‘Some fans picked pockets of victims; Some fans urinated on the brave cops; Some fans beat up PC giving life kiss’. What of course we appreciate now is that this headline was far from truth, however the blame narrative was already being set. For example, Chief Superintendent David Duckenfield, the match commander on the day, misinformed senior officials from the Football Association that fans had forced entry causing an inrush into already packed stadium pens. Yet it was Duckenfield who had ordered the opening of the gates to relieve the crush at the turnstiles. Within minutes the lie was broadcast internationally.

Blaming of Liverpool fans persisted even after the Taylor Report of 1990, which found that the main cause of the disaster was a profound failure in police control. While directing its most damning conclusions towards the South Yorkshire Police, it also criticised Sheffield Wednesday Football Club, its safety engineers and Sheffield City Council. However, following the Taylor Report, the Director of Public Prosecutions (DPP) ruled there was no evidence to justify prosecution of any individuals or institutions. On a more positive note, the disaster did lead to safety improvements in the largest English football grounds, notably the elimination of fenced terraces in favour of all seated stadiums.With the media allegations unchallenged and in the absence of any imminent prosecutions the families of the 96 hugely supported by the people of the City of Liverpool and it’s two football clubs began an exerted and prolonged campaign for truth and justice. In late June 1997, soon after the election of the Labour Government and following a concerted campaign by families, the Home Secretary Jack Straw proposed an unprecedented judicial scrutiny of any new evidence and appointed senior appeal court judge and former MI6 Commissioner Lord Justice Stuart-Smith to review further material that interested parties wished to submit. A large volume of new material was presented. However, Stuart-Smith rejected the new evidence concluding that there was no basis for a further public inquiry or new material of interest to the DPP or police disciplinary authorities. Undeterred by such a devastating outcome the families undertook a series of private prosecutions again to no avail.

It is important to note that public inquiries, convened in the aftermath of major incidents such as Hillsborough or to address alleged irregularities or failures in the administration of justice, should not be considered a panacea but provide an opportunity to speedily ensure that management failings are exposed to public scrutiny. They are popularly perceived to be objective and politically independent.  On the other hand, they also have the potential to act as a convenient mechanism of legitimation for the state. It appeared to the families that the various inquiries that followed Hillsborough were incapable of surfacing the truth as the cards were stacked in favour of the state.

Roll forward to 2009. On the 20th anniversary, invited by the Hillsborough Family Support Group, Minister for Health Andy Burnham MP addressed over 30,000 people attending the annual memorial service at Liverpool FC’s Anfield stadium. Whilst acknowledging the dignity, resolve and courage they had exhibited in all the events of the previous 20 years he offered support and hope that their struggle would be further supported by the MPs in Liverpool as a whole. The cries of “Justice for the 96” that rang out that day heralded a turning point. Consequently, in December 2009, following the families unrelenting campaign, the Bishop of Liverpool, James Jones, was appointed to chair the Hillsborough Independent Panel. It was given unfettered access to all the documentation that had been generated in all the enquiries and investigations to date. The outcomes of their deliberations were presented in closed session to the bereaved families at Liverpool’s Anglican Cathedral on 12 September 2012, the report concluded that there was no evidence among the vast documentation to support or verify the serious allegations of exceptional levels of drunkenness, fans with no tickets or violence. The bereaved families and survivors were overwhelmed by the unqualified exoneration of those who died and survived. Shortly after, the Prime Minister David Cameron responded in detail to a packed House of Commons. He made a proper apology to the families of the 96 for all they have suffered over the past 23 years. In April 2016, a special Coroner’s Court ruled that the Hillsborough dead had been unlawfully killed and a campaign for justice that had run for well over two decades was concluded.

This year will be the 30th anniversary of that tragic event and I believe it is fair to say that the ensuing years have provided us with a troubling case study with features of institutional cover up, the power of the state, the Establishment, the resilience of the victim’s families, community and a social movement which Scraton (1999, 2013) refers to as an alternative method for liberating truth, securing acknowledgement and pursuing justice. Scraton has written extensively on the disaster and the subsequent events. He draws on human rights discourse to show how ‘regimes of truth’ operate to protect and sustain the interests of the ‘powerful’. He examined in detail the formal legal processes and their outcomes regarding Hillsborough and demonstrated how they were manipulated to degrade the truth and deny justice to the bereaved. He exposed the procedural and structural inadequacies of these processes and raised fundamental questions about the legal and political accountability of the instruments of authority. The broader socio/legal policy question that emerges from Hillsborough is whether ‘truth’ can ever be acknowledged and institutionalized injustices reconciled in a timely fashion when the force of the state apparatus works to differing ends. Time will only tell. In 2019 there are many other tragic examples where we could replace Hillsborough with Orgreave, Lawrence, Windrush, Grenfell. Let’s hope that it doesn’t take 30 years for truth and justice to emerge in the future.

References

Scraton P., (1999) Policing with Contempt: The Degrading of Truth and Denial of Justice in the Aftermath of the Hillsborough Disaster.  Journal of Law and Society 26, 3, p273-297

Scraton P., (2013) The Legacy of Hillsborough: liberating truth, challenging power Race and Class, 55, 2, p1-27

Brexit – anxieties, misinformation and political wrangling

 

This week’s blog was bound to reflect the news this week – Brexit. I almost resisted the temptation to write about this, I feel worn down by it all, but there are just some things which need saying. However you voted, however you feel about what should happen, the whole process has brought to light some alarming issues about our political classes, the process of implementing policy, decisions made about spending of our taxes and the priorities of government. At the time of writing this, Parliament has voted against no-deal, for extending Article 50, there are threats from various ministers about resigning and confusion reigns.

 

To me, Brexit has felt like an exercise in placing ideology before country, on both sides of the political spectrum. It does seem Labour’s proposals do at least protect jobs and the economy, and respect the vote from 2016. I still think on balance we should remain, but I could live with a soft Brexit, and a government which addresses many of the reasons people voted to leave. On the right, however, thanks to the ERG (European Research Group) we have a situation where we are hurtling towards no deal – the vote to take it off the table is apparently not legally binding – or at best, a delay. At the time of writing this, Parliament has voted for delaying our exit, and Theresa May is planning one last vote on her deal, seemingly to secure a delay which the EU will accept as legitimate and worthwhile. The Brexiteers on the left and right seem to want no deal and WTO rules, for reasons I cannot understand, aside from serving their own prejudices and financial gains.

 

The vote itself and the campaigns on the leave side seem mired in corruption and questions over funding and tactics to mislead the public, so I do have to wonder why instead of the outrage at this, there is an acceptance this is the will of the public, and must be acted on. With this and the recent activities of Chris Graying (him again!), costing the tax payer over £500m with failed ferry contracts and privatisation of probation, and now Boris Johnson suggesting investigating historic sexual assaults cases is a waste of money, our political leaders seem to be normalising incompetence. They seem to be able to resist any sense of shame, remorse and criticism of their performance, which is simply staggering. In the face of evidence about this, it amazes me that they don’t reflect on this and the harm being caused. Perhaps I have too high expectations of MPs and I should not tar all of them with the same brush, there are plenty who do a good job, who have the interests of their constituents at heart and value their job as a public servant.

 

Another example of this normalising of incompetence is when MPs suggested this last minute panic and uncertainty is how all negotiations with the EU go. Well, I can then see why some people are turning against both Parliament and the EU – the anxieties created by this as clear, people have already lost jobs, moved, disrupted family life due to trying to manage the uncertainty. Attention towards domestic issues is diverted by focus on Brexit, blinding many to the well document harms of Universal Credit, increasing homelessness, climate changes and knife crime. I believe many are fed up and would take leaving just to end the discussion and re-focus on domestic needs, but I fear many don’t realise the further problems they may face if we were to leave without a deal. It is then surely the responsibility of MPs and our political leaders to inform the public, make it clear what the best options are and maybe even make an unpopular decisions for the good of their constituents. If I were an MP, I would be concerned about all of this and also the legacy of this – much like Labour having to continually shake of the label of irresponsible spenders, through being blamed solely for creating the ‘winter of discontent’ in the late 1970s. Both parties continuing to insist we press ahead with Brexit could be dealing with a similar situation. Younger voters in particular maybe more open to new political parties, less like to be loyal to either Conservative or Labour and may embrace the change that The Independent Group is promising.

 

To continue with a policy which is creating so many problems, costs, and mental health issues feels like leadership who simply won’t listen to those people they are meant to support and serve. The link to mental health has been make clear in an article in the Guardian reporting that British farmers have reached out to crisis networks due to the implications of Brexit – this is manifest in farmers being on suicide watch, and serious concerns about those not even trying to contact such services (Parveen, 2019). The article reports that farming is just one of many industries which will be hit hard by a no deal Brexit, and in a research study on the extent of this, those who voted remain are reporting heightened mental distress (depression, anxiety, feelings of worthlessness), while those who voted leave reported a ‘bump’ in life satisfaction (Powdthavee et al, 2019). I can only imagine how the further harms caused if more jobs are lost, the economy slumps and the reality of craving sovereignty and blue passports bites.

 

Yet I don’t really have to imagine this, it seems blatantly obvious that we are not prepared to leave the EU, more time is needed to come up with a cross party consensus and maybe even a further referendum to be clear this is what the people want. When any leadership disregards the concerns raised from so many sectors, their constituents and colleagues, to press ahead with a policy which will cause harm then we can really see just how normalised incompetence and placing ideology before country has become.

 

 

Dr Susie Atherton

Senior Lecturer in Criminology

 

References

Parveen, N (2019) Brexit and bad weather puts UK farmers at risk of suicide, say charitie, see https://www.theguardian.com/environment/2019/mar/03/brexit-and-bad-weather-puts-uk-farmers-at-risk-of-suicide-say-charities

Powdthavee, N., Plagnol, A.C., Frijters, P. and Clark, A.E. (2019) Who Got the Brexit Blues? The Effect of Brexit on Subjective Wellbeing in the UK, Economica, see https://doi.org/10.1111/ecca.12304.

 

“Political Drillin”

Slide1

A recent track that has come to light which incorporates Drill Music is that called ‘Political Drillin’. On the track the artist manages to incorporate quotes from politicians; which proves he is highly deserving of his title ‘DrillMinister’.

What was particularly shocking to me was how easy it was for the governmental quotes to actually fit in with what he was initially rapping about, considering how frowned upon the genre is by these same figures.

It becomes very obvious that the slurs deemed as “violent” are ones that much of us are accustomed to hearing on a daily basis. In my interpretation, the artist seems to be bringing this to light. When young people use similar racial, derogatory terms towards one another it is seen to be violent and makes headlines, but politicians seem to throw these around in parliament without being reprimanded for their actions. Why is this continuously tolerated?

The fact that these comments are known to all and no action is taken against them demonstrates that there is a certain calibre of people that can be deemed as criminal and those who will not. Once again shedding light on the class, age and racial division that is hanging over society.

So once again I put the question out…is drill music a cause of violent crime, or are we simply a criminal society? If the DrillMinister can be labelled violent, surely politicians should be too?

 

*The image contains a quote from Jess Phillips MP utilised as a lyric by DrillMinister:

https://www.youtube.com/watch?v=spJoRLpDLLM

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