Transparency, what transparency?

Justin SchlosbergThis post was written by Justin Schlosberg, Lecturer in journalism and media, in Birkbeck’s Department of Film, Media and Cultural Studies.

In 2011, as the phone-hacking scandal unfolded, Prime Minister David Cameron pledged a new era of transparency in the government’s dealings with the media. All meetings between senior government and media figures were to be recorded and published on a quarterly basis and a major public inquiry was launched – partly with a focus on the relationship between press and politicians.

The Leveson hearings that followed cast an unprecedented spotlight on the intimacy of these relations complete with gossip, threats, family get-togethers and texts signed off with ‘lots of love’ and kisses. It had very little to do with the day-to-day interactions between politicians and journalists – both on and off the record – which are an intrinsic part of the political newsgathering process. It revealed instead something over and above those interactions – an exclusive club at the heart of the establishment that seemed to undermine the very fabric of British democracy, and underline the growing public mistrust of both politicians and the media.

Within this dynamic, Leveson was pre-occupied with the flow of influence from media owners to politicians. The founding premise of his inquiry was that press power was out of control, undermining the integrity of government, parliament and the police, whilst severely infringing on the privacy rights of individual citizens. Leveson’s detractors, on the other hand, perceived the gravest threat to democracy as operating in the other direction. It was creeping state control of the press – supposedly heralded by his reform proposals – which threatened to fatally undermine the independence of the fourth estate. In the intense debate that followed, a fundamental truth was obscured: media and political elites are not rivals but partners in a relationship that works ultimately to promote the shared interests of power. This was vividly demonstrated when Rebecca Brooks – former editor of the News of the World – told Leveson that the Prime Minister had sent her a consoling text during the height of the scandal, apologising for not being able to be more ‘loyal’ to her in public.

And as the spotlight began to fade, business as usual resumed – behind closed doors – and the hollow rhetoric of transparency was laid bare. For a start, it soon became clear from published data that the government had no intention of divulging any meaningful details about its meetings with media bosses. Whilst the nature and purpose of other external meetings are often specified, when it comes to newspaper editors or execs, we rarely get anything beyond ‘general discussion’.

Of course, this spectacle of transparency is nothing new. After taking office in 2010, Cameron renewed the commitment to openness that is typical of incoming governments, promising to pour light into the darkest corners of policymaking. In a nutshell: ministers would be ‘transparent about what [they] do and how [they] do it’ and ‘above improper influence’.

Less than one year later, then culture secretary Jeremy Hunt was at pains to reiterate this commitment in respect of News Corp’s aborted take-over of BSkyB. He stressed the unprecedented openness of the bid process both before and after he waived it through (only to then be withdrawn by News Corp amidst the fall-out from the phone hacking scandal). But the folly of Hunt’s assurances was exposed after he told Parliament in 2012 that he had no unofficial contact with News Corp lobbyist Fred Michel during the bid process. A series of texts disclosed shortly afterward suggested otherwise, with cringe-inducing awkwardness.

Perhaps not surprisingly in the wake of phone hacking, the Prime Minister appears to be steadily curtailing his personal contact with senior media figures, based on data released by the government for 2011-13. Interestingly though, Cabinet Secretary Sir Jeremy Heywood is more than picking up the slack, with ten recorded meetings with the media in 2012 and fourteen in 2013. In contrast, Jeremy Heywood’s predecessor Gus O’Donnell had just two meetings with the media in 2011, one of which was a ‘reception’ hosted by the Financial Times.  This raises the possibility that some of the business of media management by the government (or vice versa) is increasingly being conducted through the civil service, perhaps in an effort to remain under the radar. In any case, given that Leveson’s focus was elsewhere, the spike in contact between the Cabinet Secretary and the media warrants scrutiny.

The first thing to note is that like his ministerial colleagues, the Cabinet Secretary’s contact with the media is overwhelmingly concentrated in the national press: of the twenty four meetings in 2012-13, just three were with broadcasters (BBC and ITN). This could be because of a received wisdom in government that the national press remain leaders of the wider news agenda. Or it could be because newspaper editors and proprietors are more active than broadcasters in lobbying the government for influence and/or ‘scoops’. Or it could also be because the government is conscious of the broadcasters’ regulated impartiality, whereas newspapers may be seen as more malleable targets in agenda building strategies.

In any case, the imbalance illustrates how much newspapers still matter to Whitehall, for all the talk of their demise. But it is not just newspaper bosses in general who occupy a disproportionate amount of the Cabinet Secretary’s time. Again, in line with ministerial colleagues, a significant majority of the meetings were with representatives of the right wing press. Of the ten meetings Jeremy Heywood had with the media in 2012, seven were with the Times, Telegraph, Mail and Spectator, all openly aligned with the Conservative party; two were with non-partisan outlets (the Economist and ITN) and one with the left-leaning Guardian newspaper.

This may simply reflect the market dominance of the right-wing press in Britain. It is perhaps understandable that if the Cabinet Secretary is going to meet regularly with the press, he would want to prioritise those titles that have the biggest audience reach, regardless of their political colours. But it doesn’t explain why most of his meetings are with the elite press – broadsheets and periodicals – with very limited exposure compared to the mid-market and tabloid titles. Again, there are a number of plausible explanations here. It could be that mid-market and tabloid editors and executives aren’t very interested in talking to government bureaucrats. It could be because the ‘serious’ news sector is particularly valued in Whitehall for its opinion-leading reputation and its elite audience capture. Or it could just be because these titles have the capacity to cover political issues with greater depth and complexity than their lower brow competitors.

Whatever the reason, the opacity of these meetings appeared to take something of a sinister turn in 2013. After the Guardian began publishing details of mass surveillance by the security services in June 2012, revealed by NSA whistleblower Ed Snowden, the Cabinet Secretary unusually held two meetings in short succession at the Guardian’s offices. A Freedom of Information request for details of these and other meetings with the senior newspaper figures has recently been refused and is currently under review by the Information Commissioner. According to Guardian editor Alan Rusbridger in an interview with the author, he was explicitly threatened with legal injunctions during his meetings with the Cabinet Secretary, unless he agreed to destroy hard drives of the leaked material. The only account we have from the government is the notes recorded in the meeting data. The first meeting was described simply as a ‘discussion about handling information’ whilst the follow-up apparently moved on to ‘discussion about international issues’.

In the end, the newspaper acceded to the government’s demands, confident that destruction of the hard drives would not curtail reporting. Copies of the material lodged with US publishing partners would apparently ensure the story’s endurance. Glen Greenwald, former lead journalist on the story for the Guardian and now with the Intercept, recently claimed that the biggest story relating to the leaks is yet to be published. But he made no mention of what or when, and we are left wondering whether the government’s actions had really been as futile as Rusbridger suggested.

Rusbridger himself opted initially not to make public the threatening nature of his meetings with the Cabinet Secretary, or indeed the unprecedented event that followed, with security service personnel entering the Guardian’s offices to oversee destruction of the offending hard drives. A month later the Guardian despatched David Miranda, Greenwald’s partner, to meet Laura Poitras (another Snowden confidante and co-architect of the story) in Germany, perhaps in an effort to get around the loss of direct access to the material.  According to Rusbridger, the rise in international travel was due to the necessity of face to face meetings as ‘we assumed everything was being at that point intercepted’.  But on his return to Brazil, Miranda was arrested and detained at Heathrow Airport under anti-terror laws, prompting Rusbridger to publicise the extraordinary lengths the government was going to in order to restrain the coverage.

But what about the other meetings that took place around the same time between the Cabinet Secretary and the national press? Apparently, the purpose, nature and outcome of these meetings are also exempt from disclosure under the Freedom of Information Act, partly in order to protect policymaking. But the use of this exemption (under Section 35 of the Act) raises more questions than it answers, perhaps the most obvious of which is what policy exactly do these meetings concern? In apparently typical fashion, the Cabinet Office made no attempt to explain why exemptions under Section 35 were engaged, or provide any detail as to the public interest test that is required under law.

It is fundamental to a functioning democracy that the media are seen to be free from undue influence or interference by the state and, conversely, that government and policymaking is free from undue influence or interference by the media. Over the last two years, these twin and sometimes conflicting concerns have become matters of acute public interest, fuelled by Leveson and Snowden alike. But the government’s refusal to disclose information about these meetings speaks to a wider problem. It exposes the gap between transparency rhetoric and substance which ensures that the real workings of power remain off limits to public scrutiny. It is a gap now so wide that official talk of transparency in media policymaking is tantamount to double-speak.

You can find links to the correspondence between the author and FOI authorities in the following places:

http://www.lse.ac.uk//media@lse/documents/MPP/First-Reply-to-FOI-request-on-Cabinet-meetings-with-media.pdf

http://www.lse.ac.uk//media@lse/alumni/documents/Appeal-on-FOI-319677—request-for-internal-review.pdf

http://www.lse.ac.uk//media@lse/documents/MPP/Response-to-appeal-on-FOI319677-for-Cabinet-meetings-with-Media.pdf

More blog posts by Justin Schlosberg:

Patrick Modiano, winner of this year’s Nobel Prize in Literature, is a paradox

Akane KawakamiThis post was contributed by Dr Akane Kawakami, Senior Lecturer in  20th and 21st-century French and francophone literature in Birkbeck’s Department of Cultures and Languages. It was originally published on The Washington PostDr Kawakami’s books include A Self-Conscious Art: Patrick Modiano’s Postmodern Fictions

Patrick Modiano, winner of this year’s Nobel Prize in literature, is a paradox. He writes bestsellers but shuns the media. His novels sound autobiographical, yet his declared subject is a historical period that ended just before he was born. His style is clear and simple, but it masks complex time frames, unreal scenarios and a narrator who often seems to know little about the story he is in charge of. He is a household name in France but almost unknown outside his own country. This is one reason why the recipient of this year’s literature prize may come as something of a surprise to the world at large, if not to his faithful and numerous Francophone readers.

Even for those of us who have been reading and loving his books for several decades, this honor establishing him as a “grand man of letters” seems somehow not to fit the media-shy author. Can it really be that this recluse — famously inarticulate on the French literary program “Apostrophes” and always reluctant to give interviews — has been dragged into the limelight to be given the greatest literary accolade of all?

Modiano himself has always played down his own achievements, as well as the status of his chosen medium, the novel. In 1975, after four successful novels, Modiano — in a rare interview — claimed that the novel was an “anachronistic” genre that had ”slipped away” from public view. His heroes are known for slipping away, too; they’re shadowy, furtive figures modeled on himself (they tend to be tall, dark, shy and not good at interviews). In story­lines that are reminiscent of classic detective novels, his heroes set off on their searches into the past, trying to solve mysteries rooted in the period of the Occupation, Modiano’s avowed obsession.

Modiano_Missing PersonThe Occupation of France by the Nazis during World War II — along with the collaboration of many French nationals and the murder of French Jews — is a dirty pocket of French history that was not much discussed following the Allied victory. After Charles de Gaulle inaugurated the Fifth Republic, the general tendency was to stop talking about les années noires. It was only authors of a later generation — such as Modiano, whose guilt was inherited rather than personal — who proved able to explore this painful period. His first novel, about an anti-Semitic Jew who leads a colorful and surreal existence during the war, was published in 1968. Missing Person, published in 1978, is another highlight, about an amnesiac detective who goes on a hunt for his own identity during the Occupation. Honeymoon (1990), the story of a young Jewish woman who disappears in 1942, is also a gripping read.

Modiano’s novels are usually built around several time frames. They might start off in the 1980s, go back to the 1960s to evoke his youth and then suddenly shelve down into the 1940s to reveal a crucial link between a friend of his deceased parents and the woman he is dating in the present. Or the link will not be crucial; it will simply be a case of what might have been, the possibility that one ephemeral life that was extinguished during the Occupation might have brushed past another who has happened to survive.

In Dora Bruder (1997), Modiano gave up fiction and tried to re-create the real life of the heroine of Honeymoon, relating the few facts he had recovered about her movements in 1941 to his own wanderings through the Parisian streets as an adolescent in the 1960s, and to his walks in the 1990s. Gaps in his knowledge evoke the poignancy of the subject, as, in the end, Modiano has to concede that he still knows almost nothing about the girl, except that she was eventually arrested by the Gestapo and ended her days in Auschwitz.

Modiano tells all this in a limpid, almost classical prose that belies the ugliness of the events and facts. His writing is extremely readable, which is perhaps the reason for both his popularity in France and his relative lack of academic recognition (his novels are taught more in English-speaking universities than in French ones). Yet his clear writing eases the reader through instances of formal experimentation that would not be out of place in a Paul Auster novel: bewildering shifts in time, multiple appearances of “Patrick,” who may or may not be the author, and apparently real settings transformed into strange, hallucinatory spaces.

Light is something Modiano is good at describing, and many of the scenes in his novels are almost cinematic in their visual impact. Modiano co-wrote the screenplay of Lacombe, Lucien (1974), directed by Louis Malle, and has carried on to make more films, such as The Son of Gascogne (Pascal Aubier, 1995) and Bon Voyage (Jean-Paul Rappeneau, 2003).

His prose also achieves a difficult feat, which is to get French readers to face, time and time again, the unspeakable acts of betrayal and cowardice perpetuated during the Occupation. The detective novel framework, the clear style, the diffident narrators — all this makes it deceptively simple for readers to occupy the narrator’s seat in Modiano’s novels. The narrator of Missing Person introduces himself saying, “I am nothing. Nothing but a pale shape, silhouetted that evening against the cafe terrace.”

The joy of reading a Modiano novel is to slip into that silhouette, to make the journey through the decades of French history and then — sometimes, suddenly — experience all the horror of the past at the same time as the immunity conferred by its distance.

The lessons of Clacton and Heywood: why UKIP will damage the Tories in 2015 but may ultimately harm Labour

EricKaufmann400This article was contributed by Eric Kaufmann, Professor of Politics at Birkbeck’s Department of Politics.

National attention focused on the Clacton and Heywood and Middleton byelections because UKIP support rose substantially in both contests over its level in 2010. The media and some commentators have spun the story as a tale of dispossessed voters from forgotten constituencies striking a blow against the political elite. On this view, both the main parties will suffer at the hands of the Faragists.

Yet the data does not support the contention that the economically and politically disadvantaged of all political stripes are in revolt. Instead, the by-elections, and the rise of UKIP more broadly, reflects cultural anxieties and status resentments which loom largest among middle income people who lack degrees. UKIP damages the Conservatives more than other parties and is set to tilt the electoral terrain in Labour’s favour in 2015 and beyond. This means we need to entertain the possibility the Tories may enter the political wilderness, much as the Canadian Tories did between 1993 and 2006 when the populist Reform Party split the right-wing vote.

In Clacton, Douglas Carswell, a high-profile defector from the Tories, carried the seat easily, winning 60% of the vote in a constituency UKIP did not contest in 2010. Popular in Clacton, Carswell carried wide support across a range of social and voter groups. In Heywood and Middleton, UKIP candidate John Bickley won 39%, increasing UKIP’s share by a whopping 36 points over 2010. It was an impressive UKIP tally, but the seat was held by Labour, winning 41% of the poll. Here we have two strong UKIP performances, resulting in a Tory loss in one instance, and a Labour win, albeit narrow, in the other. The constituencies are not typical of the country, but the results are indicative of what may happen in 2015. Why?

First, consider that in both by-elections, Ashcroft polls show the Tories lost a larger share of their vote to UKIP than Labour. These results are corroborated in the admittedly small sample of some 70 British Election Study (BES) internet panel respondents from these seats interviewed in early and mid-2014 about their 2015 voting intentions.

The British Election Study provides data on over 34,000 people, interviewed in both early and mid 2014. Looking at the second wave reveals a stunning pattern: 47 percent of those who voted UKIP in the 2014 European elections said they voted Tory in 2010 compared to just 13 percent from Labour. When it comes to intended vote in the General Election, it’s much the same story: 44 percent of those intending to support UKIP are ex-Tories while just 10 percent said they voted in Labour in 2010.

Kaufmann image

In terms of current party identification, while 38 percent of those intending to vote UKIP in 2015 identify their party as UKIP, 24 percent say they identify as Conservative, compared to just 10 percent of UKIP vote intenders who currently identify with the Labour party. These data rely on respondents reported retrospective vote. However, the Understanding Society longitudinal survey just compares what people said in the previous wave with what they say in the current wave. These actual results, between 2009 and 2012, confirm the self-reported results from the BES: between 2 and 5 times as many people switched allegiance from Conservative to UKIP as moved from Labour to UKIP.

Some suggest Tory defections are in safe Conservative constituencies where they are unlikely to affect the Cameron-Miliband contest. Unfortunately for the Prime Minister, there is no evidence for this. The figure below shows the predicted probability that an individual in the BES will vote UKIP in 2015, on the vertical axis, against the Labour share of the vote in his or her constituency in 2010, on the horizontal. The blue line represents those who voted Tory in 2010, the red line those who voted for parties other than the Conservatives in 2010. This is a multivariate model where we also control for a host of other predictors of UKIP voting, such as age, education, ethnicity and so forth. The cross-hatch lines represent confidence intervals, which are longer at the extremes of Labour share because sample sizes are smaller there.

Kaufmann fig 3

Two things jump out of this chart. First, UKIP will hit the Tories harder than other parties by 6-8 points across all types of constituency. There is no reluctance among 2010 Tory voters to desert the party for UKIP in marginal seats. Nor are UKIP defectors concentrated among Tory voters in Labour strongholds. Where votes averaged 30% Labour in 2010, often indicating a tight contest, a 2010 Conservative voter has a 21 percent chance of voting UKIP, which falls to just 15 percent among their Labour counterparts. UKIP support is holding steady in the polls, and if this continues, UKIP will pose a threat to Cameron.

Instead of fixating on the Clactons and Heywoods where UKIP is strong, pundits should focus on marginals where even a small shift to UKIP could tilt things Miliband’s way. We could see upsets not only in UKIP strongholds like Thurrock, but in middle class spots such as Cambridge or Hendon, often in  the South of England, where Miliband may pull off an upset. The plot below shows seats the Tories won in 2010 with less than a six percent margin over Labour. These, and more, may be vulnerable.

kaufmann fig 4

If UKIP hands victory to Labour, this raises a whole series of important questions. Can the Conservatives strike a deal with UKIP, as with the ‘unite the right’ initiative between the populist Reform party and more elite Progressive Conservatives in Canada?  Should Labour rejoice, or should they look to the reinvigorated Canadian Conservatives as a warning that the rise of the populist right can shift a nation’s political culture against them in the long run? Matthew Goodwin and Rob Ford’s excellent book on UKIP warns that the party, with its working-class support base, threatens Labour as well as the Tories. My work suggests working-class Tories rather than Labour traditionalists are most likely to defect to UKIP, but their overall point holds: this is not a movement Labour can afford to ignore.

Birkbeck’s School of Law contributes to consultation on policing and HIV

MatthewWeait_400x400This article was contributed by Matthew Weait, Professor of Law and Policy at Birkbeck’s School of Law.

There is robust empirical evidence indicating that traditional approaches to policing can result in adverse health outcomes for those who are at particular risk of harm.  In particular, a focus on their law and order function, a narrow view of what constitutes public safety, and a conservative occupational culture has meant that in many parts of the world the police have contributed to an enhanced risk of HIV infection among so called “key populations”, including sex workers and injecting drug users.  There is, for example, evidence that police may use the possession of condoms – an effective barrier against infection – as evidence to support an allegation of prostitution, and the possession of syringes as evidence to justify the arrest of drug users.  The consequence of this is that sex workers wishing to avoid harassment and arrest may not carry condoms with them, thereby reducing the opportunity to practise safer sex, and drug users avoid carrying their own “works”, thereby increasing the possibility that they will share those of others and so increase their risk of infection with HIV and other blood-borne diseases.

These negative effects of traditional policing are increasingly recognised, and efforts are being made to address them.  An important milestone was reached this month at a Consultation on Policing and HIV in Amsterdam, convened by the Centre for Law Enforcement and Public Health (CLEPH) and supported by the Law Enforcement and HIV Network (LEAHN), the International Development Law Organisation (IDLO) and the School of Law at Birkbeck.

I attended the international consultation along with more than 100  senior police officers, representatives of key populations, policy makers and academics.  After a day of discussion and deliberation, the attendees agreed the Amsterdam Declaration on Police Partnerships for Harm Reduction, an important document that commits its supporters to an approach to policing key populations that is informed by the principles of harm reduction and which will promote rather than hinder health through active collaboration and partnership.

I am delighted that the School of Law has been involved in this significant international development. I had the privilege of working with some extraordinarily enlightened police officers from all across the world, each of whom realises the importance of working with those at heightened risk of acquiring HIV in reducing that risk.  There was an incredible energy in the room, and a real willingness to make progress. The School of Law at Birkbeck has an internationally recognised reputation for research and scholarship that can contribute to progressive legal change, and it was a privilege to showcase this and to put the School’s principles into practice.

Professor Weait, of Birkbeck's School of Law, chaired a panel at the Consultation on HIV and Policing in Amsterdam, with (left to right) Annette Verster, World Health Organization; Pye Jakobsson, Global Network of Sex Worker Projects; Marja Lust, Amsterdam Police; Julian Hows, Global Network of People Living with HIV; Dr Zhannat Kosmukhamedova, United Nations Office on Drugs and Crime; Dr Sanjay Patil, Open Society Foundations

Professor Weait, of Birkbeck’s School of Law, chaired a panel at the Consultation on HIV and Policing in Amsterdam, with (left to right) Annette Verster, World Health Organization; Pye Jakobsson, Global Network of Sex Worker Projects; Marja Lust, Amsterdam Police; Julian Hows, Global Network of People Living with HIV; Dr Zhannat Kosmukhamedova, United Nations Office on Drugs and Crime; Dr Sanjay Patil, Open Society Foundations

Human rights plan will please eurosceptics but what’s in it for the rest of us?

This article was contribute by Frederick Cowell from Birkbeck’s School of Law. It was originally published on The Conversation.

David Cameron has nailed his colours to the mast by promising to create a British bill of rights. His intention is clear – the Human Rights Act will be abolished and the UK will abandon the European Convention on Human Rights.

Cameron seems to be using populist anger over the European Court of Human Right’s decision on prisoner voting to justify a power-grab in the form of a pro-state human rights instrument. Since UKIP has a clear line on withdrawal from the European Court of Human Rights and the abolition of the Human Rights Act, this has the potential to be very popular among some voters.

But in its analysis of Cameron’s latest proposals, legal charity Justice notes that many issues, such as provisions to ensure only the “most serious cases” are heard, already exist.

Even more worrying is the promise that a British bill of rights will stop “terrorists” and “criminals” exploiting the system. This is an unambiguous statement that certain categories of people will be stripped of their rights under the Tory proposals.

This might be a popular move, particularly in the context of British citizens who join extremist groups, but it is important to remember that the home secretary has the power to designate people as terrorists without them even being convicted of a criminal offence.

In defence of the ECHR

The European Court of Human Rights is often criticised for being slow to tackle its backlog of cases. But the backlog has been steadily shrinking. The tabloid press has also labelled the court as anti-UK because it rules so often against it. In reality though, the UK only loses around 2% of all cases brought against it. The Court often allows states some considerable leeway in interpreting the convention through the margin of appreciation doctrine and only rules that a state should change its laws in the most serious cases.

Reform is perfectly possible too, as was shown by the 2012 Brighton Declaration which was actively supported by the current government. The current reforms don’t expressly remove the UK from the European Convention but they seem designed to engineer a series of confrontations between the Court and the UK. In the long term the direction of travel is clear; the withdrawal of the UK from the Convention. This would make Britain the first country to leave the Convention. Currently, Russia is the only other country entertaining such a move.

Suspect rhetoric

Cameron has been talking about producing a British bill of rights for nearly eight years. In 2007 he framed the proposal as the antithesis of the Human Rights Act when he blamed the latter for creating “an excessive sensitivity to the demands of criminals”.

But while he has long been crystal clear about what a Bill of Rights wouldn’t be, he remains vague about what it would contain that wasn’t already in the European Convention. When asked, Cameron has cited the right to trial by jury as example of a change. But this is already protected by Article 6 of the European Convention on Human Rights and the margin of appreciation doctrine.

Before the 2010 election, Cameron framed the issue as a matter of democratic trust but again failed to specify what would actually go in a British bill of rights. The political pressures of coalition led to the creation of the Commission on a Bill of Rights, which published a report in 2012 broadly in support of maintaining the status quo. The issue was effectively shelved and has only since been raised in the context of abolishing the Human Rights Act.

This fits into a broader reactionary trend in the Tory Party. In the late 1950s there was a large internal row about corporal punishment for offenders and until the 1980s backbenchers were openly calling for capital punishment to be reinstated. Abolishing the Human Rights Act is the latest manifestation of this trend. Some thinkers have criticised the plan as being illiberal and anti-conservative but senior politicians, such as Ken Clarke, who have often defended the Human Rights Act, were dismissed in the last cabinet reshuffle.

The plan is a perfect fusion of tough-on-crime rhetoric and Euroscepticism. It looks very much like an appeasement to the latest manifestation of reactionary Toryism. The justice secretary showed that perfectly when he described the proposals as an attack on foreign judges “deciding our laws”, while ignoring the details about rights restrictions. This appears to be law reform being done for short-term electoral gains against UKIP rather than enhancing the protection of rights.The Conversation

Frederick Cowell is also a Labour Councillor for the London Borough of Lambeth. This is written in his capacity as an academic at Birkbeck, University of London.

Can creative writing be taught?

Helen-Harris-Jul-2014-0366-smaller-versionThis post was contributed by Helen Harris (MA Oxon), associate lecturer in creative writing in Birkbeck’s Department of English and Humanities. Her new novel, Sylvia Garland’s Broken Heart will be published by Halban Publishers on 13 November.

Creative writing lecturers are used to the scepticism – occasionally tinged with downright hostility – with which some people react when they reveal their profession. “Do you really believe you can teach someone to write?” Well yes, personally I believe that with patience and imagination it is possible to teach anyone to do anything.

What is more disturbing is when a successful writer who also teaches creative writing loudly announces – as Hanif Kureishi did earlier this year – that creative writing courses are “a waste of time.” Cue uproar. Even as he spoke, creative writing courses were proliferating in universities up and down the country.

What is perhaps even more puzzling is that this scepticism seems to be shared by a number of students who enrol on creative writing modules. Some of them insist to me, for example, that the marking of their coursework must be subjective, that their friends thought it was brilliant and if I have not given it the high mark it so obviously deserves, that is just because my taste does not coincide with their friends’. Reminding them that all the coursework is second marked has little effect; creative writing is an imprecise individualistic business they seem to believe, certainly not an exact science with its own measures and its own criteria.

I could not walk into the classroom, certainly not at 7.30pm on a wet and windy November evening, if I didn’t believe I was teaching my students anything worthwhile. But what do I think I am actually teaching them?

For the past three years I have been delivering an introductory creative writing module which is part of Birkbeck’s BA English: “Writing Fiction”. My students are second to fourth year undergraduates. I begin the module by outlining what I believe I can – and what I can’t – teach them. The “can’t” list is actually quite short. I can’t teach them what to write; the story comes from them. Similarly, just as they all speak in their own voice with their own accent and vocabulary and mannerisms, the voice in their writing will be their voice. I tell them that within a few weeks I will be able to identify which student has written which piece of coursework even without names attached.

What I believe I can teach them is essentially craft. I run through the list of topics we cover in the first term – character, beginnings, plot, dialogue, point of view – and I explain that I am here to instruct them primarily in technique, not in how to write but how to write better. It is, I sum up cheerily, not much different from plumbing. (My all-time favourite student feedback form read roughly as follows: “I was a bit taken aback when Helen said at the beginning she would be teaching us to write in the same way that you might be taught how to assemble an IKEA bookcase. But as an approach I found it worked.”)

Of course it’s not quite like assembling an IKEA bookcase (something of which I am incidentally incapable.) But my students – and I expect most creative writing students – finish their course with a deeper understanding of what makes good fiction and how it works. Some of them lament that the way they read has changed; they fear they have lost the simple pleasure of enjoying a ‘good read’ without watching carefully to see what the writer is doing and how he/she is doing it. I tell them that this is in fact an encouraging sign of their progress.

front coverThe last session of the year was payback time. My new novel Sylvia Garland’s Broken Heart will be published in November. Over the year, we have spent many evenings workshopping their writing. For our final class I put my money where my mouth is. I emailed them the first chapter of Sylvia Garland’s Broken Heart and asked them for critical feedback in our evening workshop. They set about the task with evident relish. As I listened to their feedback – “Is this really Jeremy’s point of view here or is it actually Sylvia’s?” “You told us not to include too much descriptive writing but you’ve got loads” – I could tell how much they had learnt over the year about writing fiction. And although I may have winced a couple of times, I am confident some of them will go on to write their own novels one day.

What the **** is linguistics?

Penelope Gardner-ChlorosThis post was contributed by Professor Penelope Gardner-Chloros, from Birkbeck’s Department of Applied Linguistics and Communication.

Excuse the *rude* title of this blog – I shall have more to say about why it is rude – even though it actually only contains a few stars – in subsequent blogs.

To begin, though:

If, like me, you are a teacher of linguistics, there are two questions which people will invariably ask you:

1. What IS linguistics?
and
2. What languages do you speak?

Those are the questions I want to write about today.

In answer to the first, linguistics is the study of language, no more, no less. Since language is (almost) as fundamental to the human race as breathing, it is probably quite important to know something about it. Linguistics is actually a whole collection of subjects, from the highly scientific – like whereabouts in the brain is the language faculty located? – to the philosophical – like why does a sentence mean what it means? – to the strictly structural – like what is the difference between a noun and a verb, and does the difference exist in all languages? – to the sociological and politically relevant – e.g., in what way are women linguistically at a disadvantage in our society, and in others, compared with men?

The answer to the second question is, strictly speaking, irrelevant. Even if I only speak one language, my ‘mother tongue’, I am perfectly able to study the various issues mentioned above. Chomsky, considered the originator of modern linguistics, thought that the ideal way to study language was by analysing the productions of ‘ the ideal speaker in a homogeneous community’. Studying such an ideal speaker would allow us to uncover principles of language which underlie all languages, the basic principles of the human language faculty.

However, more recently, more and more linguists have started to realize that what is most ‘universal’ about language is actually its diversity. The fact that people speak different languages, and within languages different dialects, and speak in different ways depending on their circumstances, their topic, their interlocutor, etc. is by far the most striking fact about human language, more so than the fact that all languages have something like a verb/noun distinction.

In coming blogs I will discuss the relevance of diversity and variation in language through examples mainly taken from the news and current affairs. I will try to show that linguistic questions concern us all, and hopefully convince you that there are rational and irrational ways of finding the answers to linguistic questions. Just as the fact that we all breathe does not make us experts in respiratory medicine, so the fact that we all communicate through language does not qualify us to pronounce on linguistics – though if you read the letter pages of any major newspaper it is stunning how many self-appointed experts on language/ grammar/spelling/usage there seem to be!

Other blog posts about linguistics:

European poll shows democracy still needs a bit of work

Professor Daniele Archibugi, of Birkbeck's Department of ManagementThis article was contributed by Professor Daniele Archibugi, of Birkbeck’s Department of Management. It was originally published on The Conversation

Every year, the UN celebrates its International Day of Democracy, even if it often feels like there is little to smile about on this front. Research to be presented at the Italian parliament to mark the occasion shows that while Europeans across the continent share a powerful faith in democracy, they think their countries are lacking some of its most fundamental components.

The research, carried out by the European Social Survey is an attempt to quantify the difference between Democratic ideals and reality.

The results confirm that the overwhelming majority of Europeans share the democratic faith. In most countries, citizens strongly believe that they should be governed by elected representatives. In countries like Cyprus, Sweden, Germany and Israel, respondents rated the importance of living in a democratic country as a nine or above on a scale of zero to ten. And in almost every other country in a survey of 29 – including 21 EU member states – it was rated at least seven or above.

But Europe is vast and brings together a huge array of nations and cultures. It seems we can’t be sure that the word democracy means the same thing to them all.

Digging inside the ballot box, the survey reveals that in northern Europe, there is a greater focus on the rule of law, while in southern countries there is a stronger desire to obtain social justice. Scandinavians fall somewhere in the middle.

Eastern Europeans appear to be something of a special case. Citizens in many former soviet states only got the right to vote in proper elections around a quarter of a century ago and continue to expect the social protection that was once guaranteed by the old communist regimes while also demanding that the rule of law is enforced. Russian respondents attached the least importance to being run by a democratic government.

The basic definition of democracy is what is known as liberal democracy. This is a government chosen in free and competitive elections, with checks and balances in place and a free media and opposition in operation. Liberal democracy was considered to be operating in only around half of the 29 countries surveyed.

People in eastern European nations do not believe their countries hold free and fair elections and they do not consider their media free. And in southern Europe, citizens feel they lack equality before the law.

Asked about the social components of democracy – such as income equality and protection from poverty – citizens gave a harsh assessment. In 26 of the 29 countries, this side of democracy was considered insufficient.

In Scandinavia the gap between what people expect from democracy and what they think is actually delivered is smaller than in any other country. But even in these countries, there is the clear perception that the social dimension of democracy lags behind the liberal.

The political class should take this survey very seriously. It shows that the public has an increasingly broad idea of what it is to be a democracy but also that they are well informed. When expectations are not met, substantial resentment can build and that is reflected at the ballot box. Voters either back new entrants to the political sphere – like UKIP – or they stay at home on polling day.

An increasingly qualified and demanding public can’t simply be administered from above. New forms of participation need to be invented. If people are asked to participate in the delivery of public goods – through direct democracy and social involvement – they will have the opportunity to improve what is provided by elected representatives only. Or, at least, they will realise that everyone should implement their own dreams, democratic dreams included.

Paisley’s life testament to a deeply painful social history in Northern Ireland

Dr Sean BradyThis article was contributed by Dr Sean Brady, of Birkbeck’s Department of History, Classics and Archaeology. It was originally published on The Conversation.

The death of the Reverend Ian Paisley is occasion for reflection upon the United Kingdom’s most famous religious firebrand, and certainly one of the most memorable and divisive political figures of modern times.

He will rightly be remembered for his hardline and extreme unionist stance throughout his political and religious career, for his extreme brand of Loyalism and premillenial Protestantism, which informed all of his political career – and also for the mystery of why, in 2006, he agreed to power sharing in Northern Ireland, given his rejection of the Belfast Peace Agreement in 1998.

But Paisley’s life was testament to a deeply painful social history. Northern Ireland’s society and politics have been synonymous with deep and bitter religiously orientated sectarianism, violence, conflict, militarism, and seemingly intractable community schisms since the late 1960s. And for much of that time, Paisley was one of the most vocal and most recognisable forces behind its continued division.

And yet the seemly intractable oppositions within Northern Ireland appeared to come together in remarkable unanimity on one particular issue, which Paisley almost made his own: the question of male homosexuality, and of sexual minorities in general.

No, no, no!

The Northern Irish parliament stoutly resisted any attempt to impose the Sexual Offences Act of 1967, which had partially decriminalised male homosexuality in England and Wales. Even after the imposition of direct rule and the ending of devolved government in 1972, opposition to any attempt by the Northern Ireland Office to introduce this legislation was voluble and intense.

A high-profile case brought to the European Court of Human Rights (ECHR), Dudgeon v United Kingdom, eventually forced the United Kingdom government to impose the partial decriminalisation of male homosexuality in Northern Ireland in 1982. Indeed, it was a landmark case at the ECHR itself. It was the court’s first case to be decided in favour of LGBT rights, and it now forms the basis in European law for all member states, in particular new states joining the EU.

Opposition to decriminalising male homosexuality appealed to many across the sectarian divide, but the real impetus to keep gay sex criminal came from the evangelically inspired and highly popular “Save Ulster from Sodomy!” campaign, headed by Paisley, Peter Robinson and the Democratic Unionist Party in the 1970s and the 1980s and targeted at lesbians and gay men.

Out of Ireland

In Paisley’s worldview, Ulster, the hallowed province, had to be made fit for the second coming of Christ, and therefore needed “saving” from sodomy. In a society riven by male-dominated violence and religious conflict, LGBT people would at the very least be wary about exploring their sexuality, and certainly emotions of guilt shaped and directed their lives. And for most Irish LGBT people, the only way to lead normal lives has long been to leave Northern Ireland.

It’s remarkable to recall the extent to which the Roman Catholic hierarchy gave its tacit support to this campaign, and the ways in which paramilitary organisations on both sides of the conflict came to view LGBT people as “natural betrayers” in their midst. More than anything else, religion and sectarianism shaped the lives of LGBT people in Northern Ireland until the peace process of the late 1990s.

And yet still, Paisley’s legacy of continuing homophobia in Northern Ireland is palpable to this day. Unlike the rest of the United Kingdom, the DUP-dominated Stormont parliament has vetoed the gay marriage bill multiple times; evangelically motivated politicians of all stripes feel free to make outright homophobic comments on a regular basis.

Northern Ireland’s society is also unique in Western Europe in the intensity and the extent of its homophobic attitudes. In a huge research project into bigotry in Western countries conducted in 2007, Northern Ireland was the most homophobic of 23 territories surveyed, topping the list along with Greece.

Paisley’s legacy for the Northern Irish sectarian conflict is hugely complicated in itself – but his broader impact on Northern Ireland’s society also endures.

Used or abused? 10 serious issues raised by FoI requests

Dr Ben WorthyThis article was contributed by Dr Ben Worthy. It was originally published on The Conversation.

A Freedom of Information request lodged on a quiet news day by a journalist has revealed that more than 800 police officers in England and Wales have been investigated for breaching social media guidelines over the past five years.

Quite apart from showing us that the police, like many other public bodies, find it difficult to control what its members do on Twitter, the story raises the importance of the Freedom of Information Act, which comes under regular fire for, according to the prime minister, David Cameron: “furring up the arteries” of government.

The Local Government Association recently published a list of ten “silly” FoI requests. While not arguing that all such requests are like this, the implied point is that FoI is being “abused”.

This complaint mirrors the comments of Tony Blair in his memoirs:

The truth is that the FoI Act isn’t used, for the most part, by ‘the people’. It’s used by journalists. For political leaders, it’s like saying to someone who is hitting you over the head with a stick: ‘Hey, try this instead’ and handing them a mallet. The information is neither sought because the journalist is curious to know, nor given to bestow knowledge on ‘the people’. It’s used as a weapon.

It also fits with concerns from a stream of other ministers and officials that FoI stops records being created and hampers decision-making. It is likely to feed into the recent government announcement of a consultation on whether the act is, indeed, being abused.

Little is known about FoI requesters. The pattern appears to be broadly that a variety of people and groups use it for a whole variety of reasons. Most FoI requests go to local government, the largest user group (contrary to Blair’s claim) are the public and, high-profile cases aside, many use FoI for “micro-political” issues, such as dealing with a pothole or planning application.

As a response to the list, I’d like to offer my own list of ten serious issues revealed by FOI requests.

  1. Extraordinary rendition – the UK’s involvement was revealed by FoI requests from the All-Party Group.
  2. Details of the Universal Credit welfare reforms.
  3. The Libor banking scandal and knowledge of it.
  4. Lists of visitors to the prime ministerial residence at Chequers (and ministerial meetings and diaries now proactively released).
  5. The use (and, it turned out, abuse) of passes to parliament.
  6. Creation of the famous “Weapons of Mass Destruction” dossier.
  7. The monarch’s involvement in vetoing legislation.
  8. The results of local restaurant hygiene inspections that helped create http://www.scoresonthedoors.org.uk/.
  9. The salaries of senior academics and NHS officials.
  10. The planned closure of local libraries up and down the country.

Keeping them honest

Underneath these high-profile cases, our research found a steady stream of accountability stories over planning, car parking and many other issues – just see David Higgerson’s FOI Friday.

The act also helped create IPSA, which regulate MPs’ expenses, led to a change in the law so all members of the House of Lords pay tax in the UK and drove the regular publishing of local government salaries.

This not to say there aren’t “silly” requests, from dragons to zombie attacks (though “silly” is subjective as Jonathan Baines explains, many corruption scandals have been triggered by apparently pointless questions or the piecing together of small bits of information).

Nor is it to claim the act is not taken advantage of – in the UK, and even more in the US, FoI has led to heavy use by business – see this particularly controversial case in Scotland with Phillip Morris seeking access to details of a study of underage smoking.

Yet such requests represent only a minority of the estimated 253,000 requests per year (my own estimates based on the most recent figures for numbers of local government requests in 2010 (192,000) plus the number of requests to central government in 2013 (53,000). On the whole, research indicates that FoI is composed of all sorts of questions, on all sorts of topics, sent in by all sorts of people and groups.

It is this unpredictability that helps make it effective. One local politician told me: “you never know what you will get asked”. The presence of FoI, the possibility of a question, can make someone think twice and even deter them from corrupt or inappropriate behaviour.

There is also an issue of democratic principle. The right to information, championed by radicals such as the Levellers and Diggers centuries ago, means the right to ask questions (to misquote Orwell on liberty) that the powerful may not want you to ask.

It is a democratic right to ask and this may mean some silliness – just as voting may mean non-voting or “silly” voting. Like all parts of a democracy, it is messy and unpredictable and can occasionally go wrong. But in its messiness and unpredictability lies its power.

The Conversation