Thursday, 4 October 2012

Police Commissioner election problems



From the Spectator 25th September
There are three interesting things going on with the police. The first is the new National Crime Agency, which will kick off this time next year. The second is the police and crime commissioner elections… where I hope for higher rather than lower turnout. Finally is community level policing, which I have seen bring a very big reduction in crime in my constituency’.
It’s interesting that ministers are still trying to talk up the turnout: in private, those close to the reforms are concerned they won’t even get 15 per cent.

The research by the think-tank Policy Exchange also suggested politicians were considered least suitable for the role from a choice of six backgrounds, which included ex-military officers.
A YouGov poll of 1,711 people said 34% thought PCCs were a "good idea".
The Home Office said PCCs would "give a voice to the public".
PCCs will replace police authorities in 41 areas in November.
They will have powers to hire and fire chief constables, set police force budgets and commission some criminal justice services.
Of those questioned, 34% said they were a "bad idea" and 32% "didn't know".
Even Conservative voters are not convinced, with only 44% of the survey's 396 Tory respondents saying they were a "good idea".
The poll results are a blow to the government which has championed the idea of PCCs as a way of making the police more accountable.
Ordinary people
They are likely to fuel concerns about a low public turn-out when polling for the Police and Crime Commissioners takes place on 15 November.
There were particularly strong views among people who had had contact with police or been a victim of crime in the past year, with about 40% saying PCCs would be a "bad idea".
When asked who would make the best PCCs, 6% said former government ministers, MPs and senior politicians would, with 7% saying local councillors and local politicians and 13% saying those with business experience.
A majority of those surveyed, 59%, thought former police officers would be the best candidates, while 29% favoured ordinary people with an interest in the issues, and 26% wanting someone with a military background.
A further 16% said they did not know who would make the best candidate.
But the Home Office said it was confident that as PCC elections approached, the public will respond positively.
"We believe that the more people hear about this reform, including from candidates who are only now being selected, the more they will like it," a spokesman said.
He added, "PCCs will give a voice to the public, strengthening the fight against crime and helping to ensure that local communities are kept safe.
"As we approach the elections, local and national media interest will grow, and we also intend to run a high profile information campaign to ensure that people know about this important change."
Young offenders
Labour published its list of candidates on Monday which included only one former police officer - Ron Hogg, who is standing in Durham.
There were nine serving or former police authority members - who are not police officers - and seven former government ministers or MPs. The list also included a number of councillors and community figures.
The Conservatives have still to decide who all of their candidates are, but the one leading police figure who wanted to stand, Jan Berry, the former chairman of the Police Federation, has not been selected.
One of the few ex-army officers to express an interest in the job, Colonel Tim Collins, has pulled out.
The policies which voters said would make them more likely to vote for a PCC were moving officers into neighbourhood policing teams, seizing more assets from convicted criminals and keeping police stations open.
The most important crime priorities for PCCs were anti-social behaviour and disorder, making the police more visible in the community and dealing more effectively with young offenders.
Only a minority, 20%, said they would be prepared to pay more council tax so more could be spent on policing.

Useful Q and A on Police Commissioner elections http://www.bbc.co.uk/news/uk-politics-19504639

Introductory video to Police Commissioners http://www.bbc.co.uk/news/uk-19341030


Monday, 1 October 2012

Coalition first year review

Review of Coalition law and order policies

The Winsor Review


On 1 October 2010, the UK Home SecretaryTheresa May MP, announced that Winsor was to carry out a review of police pay and conditions. The purpose stated was to improve service for the public and maximise value for money.
The review was given the job of making recommendations about the pay and conditions of the 43 established police forces in England and Wales

The first part report was published by the Home Office on 8 March 2011.
Broadly, it recommended savings of £1.1 billion from the police pay bill over three years September 2011 - September 2014, with £485 million going to the taxpayer and £625 million being redirected to "front-line policing".

The report suggested that the pay budget should be redistributed in such a way that some police officers would receive pay cuts whilst other officers would benefit details here http://www.bbc.co.uk/news/uk-16475119

The Association of Chief Police Officers welcomed the Part 1 report and said that it hoped it would lay lasting foundations for the police service. The Police Federation said that it would oppose the proposals as an unprecedented attack on police pay and conditions

The Part 2 report, the Final Report of the review, was published on 15 March 2012. It contains recommendations of a much longer-term nature, including linking pay to performance rather than time-service, payment for the acquisition and use of accredited professional policing skills, the creation of a power akin to a right of police forces to make police officers redundant even if they have not yet attained full pensionable service, higher educational qualifications required of recruits, fast-track promotion to inspector rank for the most promising internal and external candidates, direct entry at superintendent rank for individuals of exceptional achievement in other sectors, compulsory fitness tests for all officers, a more rigorous regime applying to officers on restricted duties (i.e. those who are unable to fulfil all the requirements of a police officer), a new retirement age of 60 for police officers, 

The Police Federation reacted adversely to the Part 2 report, telling the Home Secretary that its contents had placed Police Federation members in a state of "utter dismay, consternation and disillusion". It said that "what Winsor is suggesting goes far beyond reform and threatens to undermine the very foundations of British policing and the public we serve".

The Police Superintendents' Association of England and Wales said "This is a serious and significant report that has major and long-term implications for the Police Service, individual officers and staff and for the public we serve. At over one thousand pages and containing one hundred and twenty-one recommendations it is important to carefully analyse the Report before passing judgement on individual recommendations. ... This Report comes at a time when police officers and staff face real cuts in pay of £160 million as a result of the first part of Mr Winsor’s Review, a three-year pay freeze, increased pension contributions, a 20% cut in funding and the loss of 34,000 officers and staff which has led to a serious erosion of morale. It is important therefore to recognise that the publication of the final report marks the start of a detailed process involving all parts of the Service and the Government that will look at the long-term consequences, practicalities and cost involved. We now await the decision of the Home Secretary in respect of the recommendations and the time-scales for implementation and look forward to playing a full part in determining the future of policing.”

Further details can be found at the following links:


After the review Winsor was controversially appointed  Chief Inspector of Constabulary.






Police and the Coalition



article-image
Home Secretaries and the Police have typically enjoyed a contentious relationship, and the current situation has proved itself to be no different, if not considerably worse.
Much of the current contention stems from the effect of central Government cuts to police budgets, as part of wider moves to address the so-called fiscal deficit.
Police concern has grown at both the level and nature of cuts made to local budgets, which have led to reductions the number of resources available and the number of officers in post, leading to falling morale and increased workloads.
The Coalition ultimately disagrees with the Opposition about the extent and impact of police budget cuts, with the Prime Minister and Home Secretary responding that front-line officer numbers would be protected, if not increased, and that more efficient restructuring of constabularies would achieve this simultaneously with cost savings.
Under the wide-ranging Winsor Review into pay and conditions for police officers and staff commissioned by the Home Secretary in 2010, the first report into short-term changes to be made to police pay has suggested an overhaul of the current pay structures to reward performance, risk, skill level and those officers working unsocial hours. The report’s author has maintained that police face low morale because of the discontent they feel with the inequalities that exist within the current pay structures, which arguably offer “equal pay for unequal work”.
However, the Police Federation has conducted its own survey of lower ranking officers which suggested that if the Winsor recommendations are implemented, morale would fall even further. The Government has sought to tackle head on the widely-recgonised ‘toxic’ issue of police pay, but has clearly faced discontent.
In real terms, numbers of police on the street, in front line roles, have fallen by 6,000, bringing the uniformed presence on streets down to its lowest level in a decade in England and Wales. Additionally, Home Office figures also show that a further 9,000 police staff roles and 907 Community Support Officers have been cut in the past year.
At the heart of this, the Government would argue that ‘necessary’ cuts can be offset by restructuring to shift more officers to the so-called front line from the so-called back office, but opposition figures dispute definitions of the roles, and argue for the maintenance of crucial support to support front line policing.
A central pillar of the Government’s police reforms have been the introduction of Police and Crime Commissioners (PCCs), which would replace Police Authorities who currently have oversight for constabularies in England and Wales. With elections due to be held later this year, the role of PCCs still remains unclear, with Ministers emphasising the operational independence: the Welsh Chief Constables have been most outpoken in their criticism
However, critics warn of the increasing likelihood of politicising policing and the potential for extremism, with PCCs competing for office on political platforms. Candidates include former Deputy PM John Prescott for the Humberside Constabulary, but there are growing fears that the positions could attract more right-wing and populist candidates. Others reportedly interested in the roles include former model Katie Price, and former Crimewatch presenter Nick Ross.
While PCCs would supposedly have no operational influence, the job would allow the individual to set the strategic direction of a police force, and would enable them to appoint (and sack) Chief Officers. There are concerns that the PCC role would ultimately become inherently political and populist, and attract wild rhetoric and controversial figures at the expense of rational and proportionate leadership for under-staffed and overstretched police constabularies. The rationale for the Government behind such a policy is to reduce costs by abolishing large Police Authorities and through investing the power of oversight in a democratically elected individual.

The appointment of Tom Winsor as Inspectorate of Constabulary has also proved to be controversial; he is the first person to hold the post without having served as a police officer. A view from the left and serving police officers can be found here Tories declare war on the police
There is an odd paradox with the Coalition’s policy on policing. One the one hand, the Conservatives have traditionally been cast as the party of law and order, personal responsibility, and as champions of strong institutions to support this. The Liberal Democrats’ policy has been less clear, given that before the last general election they were never considered as serious political contenders in the work of Government.
However, the resulting policy towards policing has been a confusing one, with police being unable to shield themselves from the axe to public sector spending, facing controversial and wide ranging reforms to pay structures in a bid to modernise forces and save money. On top of this, the Government is also pursuing a populist, American-style accountability arrangement.


 

Tuesday, 25 September 2012

Monday, 17 September 2012

Crime in the UK

Measuring crime is one of the great intractable problems in politics. Defining a crime is one major problem but even when you have agreed definition problems of measurement remain.

T Crime Survey for England and Wales (CSEW) formerly the British Crime Survey or BCS is a systematic victim studyIn the 2010/11 BCS, around 51,000 people were interviewed, that is, around 47,000 adults aged 16 or over in the main survey and a further 4,000 interviews conducted with children aged 10 to 15.

The results were produced on a 4 yearly basis until  2001 since then they have been collected quarterly and published annually.

Another form of measurement is Police Recorded Crime. A comparison of the the figures produced by the 2 methods can be seen below.


Figure 1 Police recorded and CSEW crimes 2011/12, by crime type


Figure 1 Police recorded and CSEW crimes 2011/12, by crime type



The headline crime statistics also draw on other sources including incidents of anti-social behaviour recorded by the police and crimes dealt with by the courts, which are not covered in the main police recorded crime count or by the CSEW.

Box 1.1 Strengths and limitations of the Crime Survey and police recorded crime

Crime Survey for England and WalesPolice recorded crime
StrengthsLimitationsStrengthsLimitations
Large nationally representative sample survey which provides a good measure of long-term trends for the crime types and the population it covers (for example those resident in households)Survey is subject to error associated with sampling and respondents recalling past eventsHas wider offence coverage and population coverage than the CSEW Excludes offences that are not reported to, or not recorded by, the police and does not include less serious offences dealt with by magistrates courts (e.g. motoring offences)
Consistent methodology over timeExcludes crimes against businesses and those not resident in households (e.g. residents of institutions and visitors)Good measure of offences that are well-reported to the policeTrends can be influenced by changes in recording practices or police activity
Covers crimes not reported to the police and is not affected by changes in police recording practice; is therefore a better measure of long term trendsHeadline estimates exclude offences that are difficult to estimate robustly (such as sexual offences) or that have no victim who can be interviewed (e.g. homicides, and drug offences)Is the primary source of local crime statistics and for lower-volume crimes (e.g. homicide)Not possible to make long-term comparisons due to fundamental changes in recording practice introduced in 1998 and 2002/032
Coverage of survey extended in 2009 to include children aged 10-15 resident in householdsProvides whole counts (rather than estimates that are subject to sampling variation)
Independent collection of crime figuresTime lag between occurrence of crime and reporting results tends to be short, providing an indication of emerging trends

Why is there disagreement over crime figures?


Source BBC 14th July 2011


Burglaries up 14% - British Crime Survey

The British Crime Survey suggested there were 9.6 million crimes in England and Wales in 2010-11
Burglaries at homes in England and Wales rose by 14% in 2010-11 compared with the previous year, the British Crime Survey (BCS) suggests.The survey of 45,000 households also indicated overall crime levels were up slightly, though researchers said this was not "statistically significant".
Separate data of crimes recorded by police showed crime fell 4% and domestic burglary was down 4%.
Officials regard the BCS as the most reliable indicator of crime trends.
Recorded crime figures suggested a 10% rise in the number of recorded thefts of unattended mobiles, wallets and purses from pubs, household property from gardens, and metal or industrial equipment. The total number of crimes recorded by police fell by about 100,000 to 4.2 million over the last year.
In contrast, the BCS figures showed there were about 9.6 million crimes overall in 2010-11, compared with 9.5 million the previous year.
Officials advised "caution" over the BCS burglary figures saying the rise to 745,000 followed a record low the previous year of 651,000, and said the current estimate was more in line with those for the previous five years. They said it would be "premature" to view the figure as evidence of a newly rising trend in domestic burglary.
They also said some commentators had expected to see rises in acquisitive crime due to the recession and greater unemployment but there was no firm evidence for this."Despite difficult economic conditions these latest statistics show no consistent evidence of upward pressure across the range of acquisitive crime," the researchers concluded.
But they said both sets of figures indicated that the long-term downward trend in crime since the mid-1990s was "easing".Other figures from the BCS pointed to a big rise in domestic violence, up 35% in a year.
However, officials said the number of domestic violence victims surveyed was small which meant the figures were "prone to fluctuation".Chart shows burglary figures since 2004
Chief Constable Jon Murphy, head of crime for the Association of Chief Police Officers, said officers would be seeking to find any emerging patterns of criminality to the rise in burglaries and thefts. He added that the "significant increase" in metal theft was due to the price of second-hand scrap metal."This has a potentially significant impact on the national critical infrastructure and consequent risk to the public," he added. Simon Reed, vice-chairman of the Police Federation of England and Wales, said: "Today's statistics must serve as a stark warning to government - stop, think and urgently reconsider the 20% cut to the police service."
lick to play
Home Office minister James Brokenshire said: "We have consistently argued that crime is too high and that is why our policing reforms are so urgently needed."
He said reforms would mean communities would have a greater say in local policing priorities, red tape would be cut and the pubic could hold their local force to account daily with the new online street-level crime maps.
The figures could not be used to draw long-term trends nor to link crime to the state of the economy, he added.
"It's a very complicated picture - there is no simple link."
Shadow home secretary Yvette Cooper said: "Now is not the time for the government to take risks with community safety by cutting over 12,000 police officers - people want crime to fall further and the government is doing nothing to help."
The BCS only covers England and Wales, with data reported separately in Scotland and Northern Ireland. In Scotland, the equivalent of the BCS is the Scottish Crime and Justice Survey.

Analysis

image of Danny Shaw
If you're looking for clarity about crime, these figures don't provide it. The two sets of data appear completely at odds.
The BCS estimates that crime in most of the main categories is up - though only the burglary rise is said to be "statistically significant" - whereas almost all offences recorded by police - including burglary - are down.
There's certainly no concrete evidence that the recession is driving crime increases.
But a rise in the police category of "other theft" - which includes thefts of unattended items such as mobile phones and wallets - might be an early sign that people who are feeling the pinch are pinching stuff.
To get a sense of trends in violent crime, it's instructive to look at the figures for homicide (murder, manslaughter, infanticide) which aren't subject to any vagaries in counting methods.
They show that the decade-long downward trend is more or less continuing. The number of attempted murders was at its lowest for many years - an indication that we're not as violent a society as the headlines would have us believe.

The problems of crime reporting

Mark Easton points out how the statistics are read by various groups to suit their agenda. http://www.bbc.co.uk/news/uk-14156161

A problem with the crime survey approach is seemingly each year those interviewed tell the researchers that they themselves have suffered fewer crimes—but they are adamant that nationally crime is on the rise. This disconnect between experience and perception is the key to the problem of measuring crime.


One reason why BCS figures diverge from public perception is that the survey misses out huge swathes of crime. Interviewers do not ask about rape (sexual offences are surveyed differently) or murder (whose victims are unavailable for comment). The survey does not enumerate crimes against businesses and it under-reports things such as drug offences where the notion of victim is vague. And people under the age of 16 are not interviewed—a serious limitation, since young people are disproportionately likely to be victims.

Police figures also have their shortcomings, starting with the fact that they miss all unreported crimes. Many that are reported are poorly defined. People are particularly concerned about violent crime, for example—but half of all crimes that the police categorise as violent do not end in injury. The report suggests reclassifying these oxymoronic offences—which would mean tidying up oddities such as bigamy and “concealment of birth” as well as the much more prevalent “common assault” and “harassment”, which sound worse than they are.

In particular police figures are untrusworthy because of  the socialisation of the police and their shortage of time and resources. The Sociologist Holdaway shows how the police develop an occupational culture which emphasises the notion of police discretion, and how officers are socialised into a particular set of norms and values.  The concept of police discretion implies that police officers have discretion – that is, they have the power to turn a ‘blind eye’ to offences when they feel that an offence is too minor to bother taking further action, or perhaps when they feel that the probable outcome will not warrant the effort that will be required on their part. .  According to Holdaway, the occupational culture of policing, puts great value on action and aggression.  This can lead police officers to focus their activities on particular types of offences, e.g. violent crime at the expense of traffic offences, armed robbery rather than shoplifting.

As a result of these criticisms, sociologists and social historians have talked of the ‘dark figure’ of crime, whilst others have used the metaphor of the iceberg to explain crime statistics. Measured levels of crime, are only levels of reported crime – there is always a ‘dark figure’ of unreported crime.  As with icebergs, a small proportion of crime is visible, but the bulk remains hidden from our view.











Sunday, 16 September 2012

Religion and Civil Liberties

http://www.telegraph.co.uk/news/religion/9520026/Christians-should-leave-their-beliefs-at-home-or-get-another-job.html

David Davis and Civil Liberties

Very useful and surprisingly accurate article on David Davis and his by election over Civil Liberties http://en.wikipedia.org/wiki/David_Davis_by-election_campaign,_2008

Communications Data Bill

Excellent article on the Communications Data Bill with some useful synoptic elements

http://www.bbc.co.uk/news/uk-politics-19354126

Civil Liberties and coalition first year

A useful overview of the the coalition's first year and civil liberties a view from the right.

http://www.bigbrotherwatch.org.uk/home/2011/05/one-year-on-the-coalition-and-civil-liberties.html#.UFX3xrJlR34

A view from the left.

http://www.allthatsleft.co.uk/2011/05/the-coalition-one-year-on-3-civil-liberties/

Details of major reforms in the Protection of Freedom's Bill.

http://www.bbc.co.uk/news/uk-politics-12536138

Article: 'Stop and detain' counter-terrorism powers may be scaled back


'Stop and detain' counter-terrorism powers may be scaled back
http://www.guardian.co.uk/uk/2012/sep/13/stop-detain-counter-terrorism-scaled-back

Sent via Flipboard


Article: Churches 'need gay marriage safeguards’, says Eric Pickles



Article: Nick Clegg's 'bigot' slur tells you everything you need to know about liberals' intolerance



Friday, 7 September 2012

Tuesday, 4 September 2012

Splits in the coalition: Mansion tax

http://audioboo.fm/boos/938190-senior-tory-hits-out-at-clegg-tax-comments

Civil Liberties: An Overview



So Much for Civil Liberties
Since the 2001 terrorist attacks there have been numerous changes to our civil liberties; the restrictions on our rights have been justified as we apparently need safety before freedom… though have we actually gained either?
Under Blair’s government we saw the introduction of several new laws aimed at tackling terrorism. Detention without charge was first mentioned in the Terrorism Act 2000 then theCriminal Justice Act 2003 and the Terrorism Act 2006. Each act has increased the amount of days by which a suspected terrorist can be detained, from 14 days to 28 days (the government wanted 90 days but was defeated in the Commons). Note the word ‘suspected’; evidence is not a requirement. Between 11 September 2001 and 31 December 2004, 701 were arrested in the UK under the Terrorism Act. Only 17 have been convicted of offences under the act.
In December 2004, a constitutional crisis occurred surrounding the case of several men who were detained in Belmarsh Prison. They successfully argued that their indefinite detention was against Article 5 of the European Convention on Human Rights which regards a person’s liberty. This was a constitutional matter because the government did not seem to respect judge’s interpretations of human rights within court. The nine men who were being detained either faced torture (if repatriated to their home countries) or indefinite detention in the UK. None of the nine men were subject to any criminal charge. The court did not accept indefinite detention of foreign suspects compared to a 14 day detention of national terror suspects. The UK was found to be in breach of the ECHR.
The British Government introduced a system of control orders to replace indefinite detention, following the outcome of the Belmarsh Detainees Case. Under control orders you can face house arrest for 18 hours a day. Mouloud Sihali faced these grueling control orders a few months after being freed from Belmarsh; he said that the house arrest was even worse than prison.  As of March 2007, the British Government reported that 18 control orders were currently in force, eight of which were in respect of British citizens.
You’ll be glad to hear that control orders are no more. In 2011, the government bought in a new system called ‘T-Pims’ Though is it all that different? The Terrorism Prevention and Investigation Measures Act . still allows charge without trial, secret evidence that cannot be challenged and house arrest.  These bills come into place on the basis of protecting our human rights though the latter still infringes our right to liberty.
Of course it is understandable that after such horrific attacks on New York, worldwide governments have to show that they are tackling the threat of terrorism, though the increased power of the police has been abused. In 2005, Jean Charles de Menezes was shot by police as they believed he was a suicide bomber; they were able to shoot him under Operation Kratos which refers to tactics for dealing with suspected bombers.  He was innocent and the police had given incorrect statements as to his actions and how he was dressed, making him appear more culpable than he actually was.  Another example of unnecessary police tactics was when senior Labour Party member, Walter Wolfgang, was forcibly ejected from an annual Labour Party Conference in 2005 for shouting “nonsense” during Jack Straws speech on the Iraq War. He was detained under the Terrorism Act 2000.
Our right to protest has been dramatically reduced in terms of where we can protest and need for police permission beforehand. Somewhat reducing the point of a protest. The UK government even has the power to state any part of the UK as a no protest zone.
Many of the laws bought in during the Blair governments. have phenomenally reduced our civil liberties.  The majority of what we consider to be our basic human rights can infact be overturned by one anti-terrorism law or another. Such is the case for freedom of speech, right to a fair trial and a right to life. Returning to the question of whether safety or freedom is more important, whatever your answer may be, it seems that sacrificing your freedom provides no correlation with increased safety.
But alas, there is hope… The coalition has introduced a Protection of Freedoms Bill  to erase the database state which we saw under Blair’s governments. A few of its provisions include: terrorist suspects will be held for 14 days, as appose to the current 28, police stop and search powers will be restricted and measures which allow serious fraud trials without a jury will be scrapped.

Wider reading:

Justice and Security Bill 2012

How National Security can be used as an excuse to curtail Civil Liberties. A Liberal view:

http://www.guardian.co.uk/commentisfree/2012/jul/09/secret-justice-bill

http://www.guardian.co.uk/commentisfree/2012/jun/17/henry-porter-government-invading-our-privacy

http://www.bbc.co.uk/news/uk-18251642

A more Conservative view.

http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/9396341/Sir-John-Sawers-Secret-courts-necessary-to-stop-wannabe-terrorists-finding-out-MI6s-secrets.html

http://www.telegraph.co.uk/comment/telegraph-view/9297650/Balancing-national-security-with-justice.html

http://www.telegraph.co.uk/news/uknews/law-and-order/9202957/Some-secrets-must-be-kept-and-no-one-needs-to-apologise-for-that.html


Saturday, 18 February 2012

What does Keynesianism mean?

Complicated but excellent explanation of Keynesianism



http://notthetreasuryview.blogspot.com/2012/01/fiscal-policy-what-does-keynesian-mean.html

Plan A vs Plan B

http://news.bbc.co.uk/today/hi/today/newsid_9694000/9694710.stm

The Doom Loop

Masterful essay on history of equity, leverage, risk-taking incentives in the banking system. From 19th century to present day. “In evolutionary terms, we have had survival not of the fittest but the fattest.” It’s time for change


http://www.lrb.co.uk/v34/n04/andrew-haldane/the-doom-loop

Constitutional Reform: Is devolution leading to inevitable break up of UK?


This year’s big constitutional development could well be the issue of the fate of the Union.  Has Devolution which was meant to arrest the centrifugal political forces at work within the Union actually have ended up accelerating them?


Very accessible piece by James Macintyre [Political Editor of Prospect Magazine] entitled From Devolution to Indepence in of all places the New York Times which focuses nicely on the question ‘How did it come to this?’ which given that it is written for a US audience gives a clear overview of the issue, its recent origins and possible directions.  He writes:



Today, Salmond is skillfully navigating the biggest test of his long career — a referendum on independence which, according to consistent polls, is still opposed by around half of Scots.


When British Prime Minister David Cameron last month tried to call Salmond’s bluff by demanding an “in or out” poll “sooner rather than later,” he was swiftly outmaneuvered by the S.N.P. leader, who paused for several days, allowed an argument to begin about “Westminster meddling” and then, during Scottish questions in the House of Commons, almost casually announced that 2014 would be the date. That year sees both the Ryder Cup and the Commonwealth Games come to Scotland, and is also the 700th anniversary of Scotland’s victory over England at the battle of Bannockburn.


Now even the staunchest Unionists accept that the breakup of Britain feels inevitable, if not this time then in a few years. Reports of the Union’s demise are not exaggerated.



This follows on a from an earlier article from Prospect - Would the Tories surrender Scotland?

Stephen Lawrence

The 2012 conviction of Gary Dobson and David Norris for the murder of Stephen Lawrence in 1993 has allowed the entirety of the case to be closed from the legal perspective, this article from the Telegraph and highlights the huge significance of the case for the British police and legal system and for A2 Politics students.

LIFE IN A YOUNG OFFENDERS INSTITUTION

This piece from The Guardianon life in Ashfield YOI is an excellent read highlighting the complexity of the prison system and the challenges it presents. There’s plenty to take note of, not least the annual cost of locking up Young Offenders which, at £55,000 pa, is vastly in excess of sending a child to Eton

DENNIS SKINNER: THE SYNOPTIC GIFT

The Guardian has an article commemorating the eightieth birthday of Labour MP Dennis Skinner, nicknamed ‘The Beast of Bolsover’. Skinner is a gift to A2 Politics students as his consistent old Labour attitudes have made him an opponent of everything Tory for the last forty years. In addition he has clashed with the New Labour grouping in the Commons over the absence of genuine socialism in their plans. The Comments are worth a look too, as are the quotes

Wednesday, 8 February 2012

Summer riots and sentencing

A leading prosecutor, Alison Saunders, has argued that the sentences handed down to those caught taking part in the riots of last summer were correct and in line with the guidelines given to judges. An article by Saunders in The Guardian argues that sentences, which were as stiff as four years for attempting to incite a riot on facebook, were in line with the crimes committed and she highlighted the recent prosecution of Adam Khan Ahmadzai, 20 who committed 16 different offences. Either burglary, robbery, violent disorder or egging on the crowd. This is a nice story for arguing that judges have retained their independence in spite of government pressure.

Saturday, 14 January 2012

http://www.youtube.com/watch?v=tyFaWhygzjQ

Gingrich attacks Romney because he speaks French!

Newt v the courts (1)

Newt Gingrich argues that 200 years of Constitutional Law is wrong. http://budiansky.blogspot.com/2011/12/you-can-be-historian-too.html


http://budiansky.blogspot.com/2011/10/constitutional-biblioatry.html

Newt v the courts (2)

Democracy in America Blog










NOW that we’re paying attention to Newt Gingrich, let me muse over the fact that his surge in the polls came on the same day the Supreme Court agreed to review the constitutionality of health-care reform. How fitting. Because you see, Mr Gingrich believes that Supreme Court decisions can be ignored, and that the notion of judicial “supremacy”—that the Supreme Court is the final arbiter of the constitution—is bunk.


Mr Gingrich’s disregard for judicial review is probably the least of hisconcerns during this primary season—in fact, his views on the topic elicit a great deal of applause from conservative audiences. That the concept has become settled doctrine in America has not stopped some court watchers from taking issue with the perceived imbalance of power. And these critics are quick to selectively cite the Founders to back up their claims. Mr Gingrich, for example, lays out his case in a lengthy position paper on the topic, which states, “Our founding fathers believed that the Supreme Court was the weakest branch and that the legislative and executive branches would have ample abilities to check a Supreme Court that exceeded its powers.” In fact, it was Alexander Hamilton, writing in the Federalist Papers, who considered the judiciary the weakest branch. Yet it was Hamilton who argued in favour of granting federal courts the power to review the constitutionality of congressional acts. He considered the judiciary weak because “It may truly be said to have neither FORCE nor WILL, but merely judgment.” That is still true, but judgment turned out to be a powerful thing.


Now, I’m unclear on why our conception of optimal modern government must rely on the opinions of men 200 years in the grave. In this debate, I’m not even sure which side Alexander Hamilton would come down on today. But the biggest flaw in Mr Gingrich’s argument for a more accountable judiciary stems not from the words of any tricorn hat wearer, but from the words of Mr Gingrich himself. In a recent rant about the judiciary, Mr Gingrich said that as president he would ignore Supreme Court decisions on national-security matters, that he would drag judges before Congress when their opinions didn’t jive with his own, and that he’d warn certain federal courts, like the liberal 9th Circuit, that they run the risk of ceasing to exist. And yet Mr Gingrich says it is the courts that “have become more assertive and politicized to the point of an abuse of power”.


Mr Gingrich would like to “restore the proper role of the judicial branch by using the clearly delineated Constitutional powers available to the president and Congress to correct, limit, or replace judges who violate the Constitution.” But, of course, it is his own politicised conception of the constitution which he hopes to use as a benchmark; while other politicians could use their own to justify, say, kicking a judge off the bench for declaring a health-care mandate invalid. As you can see, the outcome of Mr Gingrich’s vision is chaos, precisely because of blowhards like himself. And whether or not the Founders envisaged a more accountable judiciary, it is pretty clear they did not want the legislature or executive to have the final say, by writ or revenge, over the constitutionality of their own actions. Thus, while it may not be perfect, there is actually some sense in granting the last word on constitutional matters to an unelected, apolitical body, rather than people like Newt.


And I can’t help but feel that there are broader conclusions to be drawn about Mr Gingrich’s candidacy from this debate. As with many subjects, Mr Gingrich starts with an interesting, intellectual argument that draws you in, but he is then carried over the precipice by his eagerness to be bolder and cleverer than anyone who has ever addressed the topic. So I believe it will be with his presidential campaign. Mr Gingrich can often come off as a thoughtful figure, but his ego won’t allow his bluster and bombast to stay in check long enough for the philosopher to come to the fore.


(Photo credit: AFP)