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Monthly Archives: March 2005

From the Court Circular, The Times, 23 March 2005:

Her Majesty held a Council at 5.30pm.

At the Council The Queen pricked the List of High Sheriffs for the Counties of England (other than Cornwall and those in the Duchy of Lancaster) and Wales.

After the Council, the Rt Hon Alan Milburn MP had an audience of The Queen when Her Majesty pricked the List of High Sheriffs for the Counties of the Duchy of Lancaster.

——-

More fun for Alan Milburn, I suppose, than running the Labour Party’s embarrassing election campaign. Perhaps Her Majesty could be persuaded to prick the national electoral register to select the members of the next parliament?

Now, now. No amusing plays on words, thank you.

Brian
http://www.barder.com/brian/

At the risk of boring everyone half to death, I can’t resist another interim* comment on the outcome of the notorious ping-pong match between the House of Commons and the House of Lords a few days ago over what is now the Prevention of Terrorism Act, with its provision for ‘control orders’ made by the home secretary to limit, extremely drastically, the liberties of anyone whom he ‘reasonably suspects’ of being involved, even peripherally, in terrorism or with terrorists. The infamous Bill was eventually squeezed through the Lords when the Conservatives abandoned the LibDems and Labour rebels and decided to accept the ‘compromise’ belatedly offered by Charles Clarke, under which he will present yet another anti-terrorism Bill to parliament later this year, this time allowing reasonable time for it to be submitted to detailed scrutiny and debate, and providing an opportunity for parliament to inject into it amendments to, or even the repeal of, the control orders Act. This was implausibly represented as an adequate substitute for a sunset clause under which the Act would automatically expire in a year’s time unless re-enacted with suitable amendments.

Control orders can impose the most draconian restrictions on the suspect’s ability to lead a reasonably ordinary life – forbidding him to use a mobile telephone or to access the internet, or to arrange to meet anyone without home office permission, or to leave his home (quite likely to be a small and overcrowded flat) between 7 pm and 7 am: and requiring him to allow his home to be searched at any time, to wear an electronic tag at all times, and so forth. Perhaps even worse, they may also destroy a person’s reputation and his family and friendships, his employability and indeed his ability to continue to live in the same neighbourhood when it’s all over (if ever), by indelibly labelling him a terrorist, whether he is guilty or innocent, all on the basis of the ‘suspicions’ of the security services and a politician. What about ‘due process’, as guaranteed to the Americans by their constitution? We already have ample provision, wherever there are reasonable grounds for suspecting someone in the UK of terrorism, for putting him on trial on one or more of the sweepingly defined terrorism charges embodied in the many recent laws passed before as well as after 9/11. As it is, the control order process evades virtually all the safeguards against the wrongful destruction of the life and reputation of an innocent man: trial by judge and jury, proof beyond a reasonable doubt, even the presumption of innocence. Despite the demands of a sizeable majority in the upper House, the orders are made by a politician, not a judge (unless the order imposes full-time house arrest, unlikely to arise since it would involve another derogation from the provisions of the European Human Rights Convention which would almost certainly be quashed by the law lords in the way they quashed the last one). The scope for review of the control orders by a judge is extremely limited and restores none of the safeguards.

The House of Commons has hardly enhanced its reputation as an effective forum for holding a power-hungry executive to account by tamely and repeatedly voting for this suspension of habeas corpus, an assault on basic principles of justice that go back to Magna Carta. And it’s all unnecessary: the problem over sensitive evidence that can’t safely be disclosed to the suspect or revealed in open court could readily be solved by giving special powers to the judge in terrorist cases to disguise the source of sensitive information. It would be nice, in a way, to believe that this monument to injustice can be ascribed to our ministers’ panic over the terrorist threat and their fear that if and when there’s eventually a terrorist atrocity in Britain, they will be blamed for not having done enough beforehand to prevent it. But I suspect the true explanation is that the state security apparatus is exploiting ministers’, the tabloids’ and the public’s fears, rather than actually sharing them or legitimately seeking to allay them.

* This is an "interim" comment because there’s much, much more to be said and written about all this before parliament has a chance to re-visit it when the new anti-terrorism Bill is launched later in the year — assuming, of course, that there hasn’t been a change of government in the meantime….

Brian
http://www.barder.com/brian/

There’s more than one worrying aspect of Paul Boateng’s announcement on 14 March 2005 that he is to be British high commissioner in Pretoria if Labour wins the forthcoming election.

Paul Boateng MP has been in the Cabinet as Chief Secretary to the Treasury since May 2002, having been Financial Secretary to the Treasury (2001-2002), a junior minister in the home office (1998-2001) and Parliamentary Under Secretary of State at the Department of Health (1997-1998), the first black person to hold ministerial office in Britain and the first black cabinet minister. He was born in 1951 to a Ghanaian father (himself later a minister in the Ghana government) and a Scottish mother. There seems to be a broad consensus among political commentators that his ministerial and parliamentary career has stalled and that his prospective appointment to one of the three or four most demanding diplomatic posts in Africa reflects the reality that, in the words of the song, ‘he’s gone about as far as he can go’ at Westminster. According to the gossip, he has not enjoyed his time at the Treasury, and his notably confrontational, even aggressive, performances during his increasingly rare appearances in current affairs programmes on television and radio seem to bear that out. His combination of apparent smugness and partisan assertiveness has done him few favours. The Financial Times commented on 15 March 2005 that ‘Mr Boateng’s four-year Treasury stint has been relatively low profile. His media appearances tailed off after a string of combative TV performances, such as his claim that Michael Howard made him "want to puke". Speculation about his career heightened during the chancellor’s trip to China last month, when Labour’s attack on Tory spending plans in Gordon Brown’s absence was led by Alistair Darling, the transport secretary.’

Any criticism by a former or serving British diplomat of Boateng’s prospective appointment is liable to be dismissed as pique at the loss to our diplomatic service of one of its more demanding (although not necessarily most comfortable) posts. Political appointments like this have been very rare in recent times, not because of the success of our diplomats in keeping the plum jobs for themselves, but rather because appointments to senior diplomatic posts of former politicians with no diplomatic experience, training or obviously relevant skills have, with few exceptions, not proved a roaring success – as the American experience confirms. US ambassadorships in agreeable capitals (although very rarely in hardship posts) almost invariably go to political buddies, fund-raisers and lavish contributors to party funds of the incumbent President: but few of the ambassadors so appointed bear comparison as effective practitioners with the often outstanding professional American diplomats heading their embassies in less congenial places, and indeed some prove a serious embarrassment. So our own diplomatic service has little to complain of in this area.

Boetang.jpg
The Rt Hon Paul Boateng, MP

But Mr Boateng’s announcement does prompt other questions. Since his diplomatic appointment is contingent on the result of an election probably still two months off, it seems unlikely that his name has already been submitted to the South African government for its (necessary) agreement, or that the government in Pretoria will already have given its agreement, either to the appointment or to its apparently premature announcement. The convention that the appointment of a high commissioner or ambassador is not made public until the receiving country’s government has formally agreed to it serves an obvious purpose: if the nominee’s identity is made known in advance of agreement by the receiving government, it becomes much more difficult for that government to withhold its agreement and ask the sending government to think again: the embarrassment all round, not least to the nominee himself, if agreement is not granted, can be very great in such circumstances. It’s of course unlikely that the South African government would refuse agreement to Paul Boateng’s appointment, if they have not already informally given it; but if they have not, the breach of protocol (and of the rules of common courtesy) implicit in taking their agreement for granted in this way amounts to a clumsy gaffe, and one that would justify a strong complaint from President Mbeki. Let’s hope that it will soon be confirmed that South African agreement to the Boateng appointment has indeed already been given, presumably informally, before yesterday’s announcement.

There’s another questionable feature of this decision. In the heyday of British and French decolonisation in Africa, with newly independent African countries joining the international concert of nations every few months, successive US governments sometimes sought to win the favours of the new governments by appointing Afro-Americans as the first American ambassadors to the countries concerned. Few of these appointments prospered, and after a while Washington began to receive the message from some of the African governments concerned that they were more interested in the calibre, reliability and diplomatic experience of the Americans sent to them as US ambassadors than in the colour of their skins: and indeed that the apparent priority being given by Washington to skin colour over diplomatic competence risked being regarded locally as patronising or worse. It would be highly regrettable if the appointment of Mr Boateng, should it materialise, were to prompt similar reactions among South Africans in their attitudes towards Britain. If it does, this may rank as the latest in a growing series of misjudgements by our present government: probably once again attributable to some ministers’ odd reluctance to listen to experienced and savvy civil servants whose job it is, when they are allowed to do so, to help save ministers from themselves. I hope these fears will turn out to be unfounded: that South Africans will feel complimented by the appointment to their country of Britain’s first ever black cabinet minister: and that Mr Boateng, doubtless soon to become His Excellency Sir Paul, will exhibit in his new role qualities of diplomatic courtesy, and ability to see more than one side of an argument, that have been kept largely under wraps in his public career so far. The staff of the British high commission in Pretoria will no doubt be sharing that hope with almost religious fervour.

Postscript: According to Colin Brown in today’s Independent, “Mr Boateng, a Christian socialist with five children, emphasised that he needed no persuading to take the South Africa job, which used to carry with it the governorship of the Cape.” Shurely shome mishtake? The title ‘high commissioner’ is that of the senior diplomatic representative of one Commonwealth country in another Commonwealth country, and equates exactly to that of ‘ambassador’ in a non-Commonwealth country. It has absolutely nothing to do with the same title occasionally used in colonial times for a colonial governor.

Brian
http://www.barder.com/brian/

Some more UK press comment from The Times:

Philip Webster, Times political editor, said: "Paul Boateng will always have a place in history as the the first black person in cabinet but he never seemed to engage with core Labour supporters and was slow-handclapped at the Party conference in 2002 for making a typically long-winded and pompous speech.
"Now he’s 54, he’s at the lower end of the cabinet as chief secretary and there’s been a feeling that he was never destined for a higher office than that. He’s perfectly able but not considered a high-flier – I think he recognised that, which is why he’s off."
The Times, 14 Mar 05

The appointment of Paul Boateng as Britain’s High Commissioner to South Africa means that he can finally fulfil the prophecy that he made on becoming an MP in 1987: “Today Brent South. Tomorrow Soweto!” Although his new official residence in Pretoria is almost an hour’s drive from the black township established under apartheid, Soweto undoubtedly will be on the itinerary for the first Afro-Caribbean to head a British diplomatic mission.
The Treasury Chief Secretary has now completed a hat-trick of smashing his way through glass ceilings, having previously become Britain’s first black minister in 1997 and the first black member of the Cabinet in 2002. It is therefore strange that, after 18 years in Parliament and almost three decades on the political frontline, Mr Boateng’s most memorable remarks remain those he made in his extraordinarily gauche Brent South victory speech. Few people who were present at his election in 1987 would have expected him to end up with a relatively low profile and a career that, colleagues acknowledge, has been “going nowhere”. For all the warm words that Tony Blair and Gordon Brown lavished on him yesterday, the Treasury Chief Secretary was widely regarded as a poor Cabinet performer. For instance, his failure to deal properly with questions in the Commons last week about capital gains tax on house sales allowed the Tories to plant scare stories with the right-wing press over the weekend, which were both inaccurate and unnecessary. Although it cannot be easy being Mr Brown’s deputy, many previous holders of the post have been promoted nonetheless. Mr Boateng, by contrast, as recently as last month was being tipped by The Times for the sack in a post-election reshuffle. Britain’s Afro-Caribbean community has been similarly disappointed with him. “Why get involved if black MPs are all like Boateng?” one activist asked after the appointment of the Treasury Chief Secretary three years ago.
Tom Baldwin, The Times, Profile, 15 March 2005

Paul Boateng, Chief Secretary to the Treasury, is to leave Parliament at the election to become High Commissioner to South Africa. His political appointment was greeted with dismay by the FDA, the union representing the Diplomatic Service, which has been campaigning for such jobs to be awarded on merit after a process of open competition.
Philip Webster, The Times, 15 March 2005

Ivor Jenkins, Director of the Institute for Democracy in South Africa, said. “It is something to which South Africans will react positively.” Mr Jenkins said that Mr Boateng’s African origin would play well with the black majority. “But I think whites will welcome his arrival also. A lot has changed . . . (since the first all-race general election in 1994) and whites are fully ready to understand that we’re all now part of a global game. His financial background at the Treasury is all the more significant because our country is beginning to move on the high road economically,” he added.
The Times, 15 March 2005

The latest effort to pop through my letter-box in a longish line of begging letters from African countries, pretty well all obvious scams, comes from the rather novel Malawi address “Along Chikwawa Road, 1st Turn Left After Stella Maris Secondary School, Blantyre”, and concludes with a blissful example of bathos (the bold type emphasis is in the original):

“May the Lord grant you more blessings as you’re helping the people of Africa and You can send the funds direct into our Bank Account No. 01411111567890*, Henderson Street Branch, National Bank of Malawi.”

Of course, it could be genuine: it purports to come from a named ‘Centre for Children’ which needs £24,000 a year “to be run effectively” (don’t we all?). But you’d need an extremely trusting nature to believe it, sadly.

*[The number has been changed to protect the guilty.]

Brian
http://www.barder.com/brian/

I’m afraid the debate over the control orders is heading off in the wrong direction with this misguided concentration on getting Clarke to ‘concede’ that non-derogation orders (imposing restrictions short of deprivation of liberty) should be issued, not just reviewed, by a judge, matching the so-called concession he has already made over derogation orders — which are irrelevant, as he knows very well that the derogation would be struck down again by the courts. I just hope that the judges will speak up loud and clear in the Lords debate to voice their objections to being misused in this shabby way. Simon Jenkins is very good on this point in his column in today’s Times, as usual. Critics of this poisonous Bill should be concentrating on the absolute requirement that suspects be charged and tried, if necessary being held beforehand for questioning while admissible evidence is collected — and if the clinching evidence is too sensitive to be disclosed to the accused, there should be a SIAC-type procedure in the trial. Restrictions like those proposed in the control orders would be reasonable bail conditions for people awaiting trial, but it’s the trial that’s crucial.

Brian
2 March 05
http://www.barder.com/brian/