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The labour movement’s post-election battleground: Part I of II

1  Introduction

Back in January, I was invited by Left Futures to provide a response to a post by Trevor Fisher.  Trevor considers Labour a lost cause when it comes to austerity. This is his conclusion:

The objective of the austerity movement is to destroy everything that Lloyd George and the political consensus that we have known for the last 90 years. A co-ordinated response can defeat the political objective of the neo-liberals to set up a new anti-state consensus.

So why is it not happening? The Labour Party cannot be changed in the near future. It has embarked as New Labour on a Titanic style voyage into the ice field, at high speed. Labour is part of the problem, not part of the solution. It is time to look for lifeboats. The solution has to be a people’s movement against austerity. The existing work of the People’s Assembly has to be boosted.

Trevor’s analysis is not, of course, an unusual one.   The idea that a Labour government will simply be ‘austerity-lite’ is now almost a mantra those who consider themselves left of Labour (within or outside the party).   Here are just a few examples expressing, in varying ways, anger or hopelessness or (in Sunny Hundal’s case) simply incomprehension at Labour’s purported plans to mimic the Tories in government.

Trevor’s analysis – like most others in this vein –  incorrect , for three main reasons:

  • Labour is part of the solution to the problems brought by five years of austerity, because it is actively planning for investment in public services;
  • The existing work of the People’s Assembly is, while impressive in many ways, misguided;
  • The idea that the best way to respond to the neoliberals’ anti-state consensus building is to support a return to the pre-2008 public service infrastructure of late capitalism is itself regressive.

In this essay, I present an alternative strategy for labour movement activism, which I contend takes us beyond these common errors of analysis by the Left. In part I, addressing the facts around Labour’s actual planning for government, before moving on to how and why so many people have misunderstood what Labour is about.   In part II, I look in details at what might be done for, by, with people like Trevor – no doubt a solid member of the labour movement, but who’s only recourse at the moment is another round of meetings and rallies calling, loudly but vainly, for the people to rise up against austerity.

2  What’s really being planned

Labour is seeking to portray itself as a party committed to ‘fiscal discipline’, and its central economic policy is now that it will never spend what it cannot save elsewhere.  I think this is a misguided strategy born of a narrow-minded elite in the Labour party, panicked by Tory control over opinion polls in 2001-12 (see section 3), but it is too now late to change that messaging in the 60-odd days to the election.

Behind the scenes it is different.  Labour HQ has calculators in the office, and they know perfectly well that they cannot make the cuts that the current profile suggests without collapsing parts of essential public services, and they know that this will cost them electorally; the new rounds of cuts will have to start to affect those beyond the vulnerable (e.g. social care eligibility) who to date have suffered more than other when their comparatively expensive needs have stopped being met, but who only vote once, and in relatively small numbers, so have been a calculated electoral write-off for the Coalition.

With a number of decent thinkers and planners – notably Jon Cruddas –  having fought a behind-the-scenes rearguard action against the fiscal conservatives, Labour is quietly planning to sustain and develop provision by borrowing/investing “off-balance sheet”, through mechanisms like the British Investment Bank (with an NS&I deposit) [1], which the Tott report commissioned by Labour makes clear is aimed at public services as well as SMEs, and through the development of ‘internal borrowing’ from Pension Funds [2], and through allowing local authorities to bring forward spend from later years in a five year cycle, effectively allowing them to borrow from themselves. [3]  This is in addition to the existing prudential borrowing regime, which is likely to see greater use in an environment where local authorities are not so afraid as they are currently about what comes next from the centre.

The condition for this investment from these sources is that as far as possible what is spent should create ‘downstream savings’, and it is from the “what should have been spent” pot that government, including local government and freed-up health economy organisations, will create the return for investors.   It will be, to a significant extent, a welcome foreshortening of the Social Impact Bond process developed and tested over the last 10 years, but which has proved to be bureaucratically difficult in the absence of political will.

A key unanswered question at the moment is to what extent these non-traditional routes to borrowing for investment will replace normal borrowing.

NS&I is not a bank and cannot simply create money for investment, so will presumably be constrained by the amount invested in NS&I, currently around £105bn [4].  While there is some good practice emerging around the use of Local Government Pension Funds to fund public spending where there is clear social value, to date these investments have been limited to capital schemes where the rate of return back to the Funds has been easy to determine because income streams are produced by the investment.  It is more difficult to persuade Pension Fund trustees, who must abide by their fiduciary duties [5] to protect those funds, to invest in ‘social infrastructure’ which creates savings downstream, as these savings must then be converted into returns [6].

My current view is that these non-traditional routes will not replace traditional deficit spending to the extent needed, though that it’s a good start. Given this, the further, vital question arises of what level of investment need can feasibly be packaged as social investment (and therefore open non-traditional funding) rather than simply additional spending on public services [7].  In any event, and as I go on now to explore, this is a question which the Left should be addressing for its own sake.

3  The two orthodoxies

What I have set out above may be the quiet reality of preparation for government, but it’s one known about by very few people in the labour movement, largely because of the strategic decision by Labour’s strategists (on which more below), to avoid challenge to the prevailing ‘deficit fetishism’, and instead to try and gain power by focusing on other policy areas e.g. the NHS.

This strategic decision requires a commitment to cost-neutral spending promises i.e. any spending commitment must be paid for by cuts/savings to other areas of current spending.  In order to know what’s really being planned, it’s necessary to a) talk to people closer to the actual development work (which I’ve done); and b) read the whole of policy documents, not just the summaries (which I’ve done).

In the absence of wider understanding of what is really being planned, most actors and organisations who self-identify as Labour and/or the Left have split into two broad ‘orthodoxies’, with a seemingly unbridgeable divide between them.

On one side of the ‘fault line’ are those who say an incoming Labour-led government must be ‘realistic’ about the public finances, and cannot therefore afford to reverse Coalition cuts, and those who subscribe what I will refer broadly to as the ‘anti-austerity movement’, who think a Labour-led government’s first duty is to reverse the cuts and reset public financing and public service to circa 2009.

Both sides are wrong, as I shall go on to set out, because establishing why and how they came to be so wrong, and what impact this wrongness has had to date,  is essential if the labour movement is to bridge the divide (which I address in part II).

The realist orthodoxy

The ‘realists’ are wrong for fairly obvious macro-economic reasons.  There’s no need here to go over now fairly established consensus that fiscal consolidation didn’t work, and that the way to boost growth (and pay down the deficit sensibly) is through a wage-led recovery, with a major lever for this being public investment.  The ‘realist’ support for fiscal consolidation and continued austerity has never been driven primarily by economics; calls for fiscal prudence have largely (from about 2011-2 onwards) been about a political messaging that Labour ‘can be trusted’ with the public finances, and the view (actually a self-fulfilling narrative) that the British public will never be able to conceptualize standard Keynesian economic management as anything other than spendthrift.

This is evidenced most clearly in Anthony Painter’s [8] at times excellent (2013) Left Without a Future: Social Justice in Anxious Times.  In a book devoted to ideas about how a future Labour government can create a more socially just society in times of continued fiscal restraint, Anthony sets out the need for that fiscal restraint in just a few short paragraphs (pp. 75-77), some of which are in themselves arguments against restraint.  All of the reasoning is contestable, especially the notion that “two or three years of very low growth, barely moving deficits and political impotence” might lead to a real danger of default (p.76), [9] but in any event he lets the cat out of the bag when, after this short justification he reveals its post-hoc nature:

It was in response to this debate that Cooke et al. [Anthony is one of the al.] wrote In the Black Labour: Why Fiscal Conservatism and Social Justice go Hand-in-Hand which was published in 2011 and created something of a stir in Labour circles.  Its core argument was that a reputation for fiscal responsibility was fundamental to any party aspiring to national leadership (p.78)

The realists’ economic rationale, then has never been anything much more than cover for short term electoral strategy, forged at a time when many in the Labour elite were concerned about the intractable opinion polls, which continued to show that the Coalition’s strategy of blaming a worldwide financial crisis on profligate public spending by Labour, was working remarkably well.  At that point, it made sense to this fairly small group of insiders, close to or within the pressure group Progress, that Labour should simply adopt a ‘balancing the books’ approach, because the battle for what economic common sense looks like had been lost. [10]

In their view, this was much more important than the longer term real-world impact of commitment to the In the Black doctrine largely, I suspect, because they simply didn’t consider real word impacts on the more vulnerable in society as being of themselves, important [11], even though it was clear by then that they, along with lower paid public sector workers themselves were facing the greatest direct burden of public sector cuts [12]

This all took place back in 2011-12.  Since then, Labour has, within the constraints it imposed upon itself by its commitment to no extra borrowing, brought to bear two broadly effective electoral responses to the Tories (while also playing Lib Dem Whack-a-Mole for light relief).  First, they have managed to articulate (in the Hall sense) the continued incompetencies [13] of the Tories in government with their elite background and narrowness of outlook (‘out of touch’ being the common phrase).   Second, they have managed to side step the Tories continuing lead on ‘economic competence’ by focusing on how improving figures at a national level of not translating into feelings of security and hope for the future amongst ‘real’ people.  You could even argue that Labour has managed to articulate all of these together, so that people think they are insecure and lacking in hope because Cameron is posh.  This has the added advantage of being true.

This is a good thing in the short term, and it is why a Labour-led government remains the most likely outcome despite a continuing poll lead for the Tories on economic competence.  The downside, though, is that what does or does not constitute fiscal responsibility – whether investment is actually better than  austerity – has become a taboo area within Labour, at least in public.  When Ed Balls committed to budget surplus in January 2014, leading In the Black Labour proponent Hopi Sen was simply able to tweet that the debate had been won.  To a large extent, he was right, although he underestimated the rearguard action that was mounted (see Part II for more details).

The effect of this, understandably, is that many of those who understand what actually fiscal responsibility is have now come to regard Labour as cowards and traitors.  A good case in point is Howard Reed, a decent economist, who penned White Flag Labour for Compass as early as January 2012 [14].

It could of course be argued that people like Howard should have spent a little more time looking at the kind of investments, set out above, which Labour is planning behind the scenes, rather than just the press statements, and that to effectively turn away from engagement with Labour over what it is getting right because it’s not getting everything right is actually very unhelpful to us all; indeed, this is pretty well Simon Wren-Lewis’ recent argument.

For myself, I don’t think such a blame game is helpful in the long run either; while I’ve tended towards it myself in the past, on reflection I think it’s more honest to hold myself to account for not having helped organise the forces of anti-austerity well enough back in 2011-12, not least because learning from what went wrong then is important for the new battle we face after the election.

I’ll come to this in detail on Part II, but the point to stress here is that many on and to the left of Labour attached themselves to the anti-austerity movement – to the extent that some former Labour activists are now standing against Labour in the general election – not because of actual pro-austerity policy from Labour, but because the fiscal conservatives within Labour, themselves driven by narrow political considerations rather than economic ones, created an environment in which plans for investment have remained largely hidden from view (e.g. in the IPPR Condition of Britain report (June 2014), the media and Labour’s own coverage of which failed to notice/deliberately declined to mention the chapters on innovative investment).

The anti-austerity orthodoxy

The ‘anti-austerians’ are wrong because simply returning public sector financing to the levels it enjoyed in the mid- to late 2000’s, without further consideration of how public services should be reformed, will be an utter disgrace, and a betrayal of ordinary people who depend on those services.  Yet this is apparently what is being proposed by an anti-austerity ‘movement’ backed by public sector unions who, understandably enough, are keen to defend their members’ terms and conditions in the narrowest sense of the term as best they can, but who appear to have rejected any responsibility they ever had for the quality of service provided.

The sad truth is that the quality of many public services has declined hugely in the past 20-30 years, and the pace of decline has increased, not simply because of the cuts but because of the way public servants do their work.  Journalist Kate Belgrave, for example, has recorded the transition of what we used to call employment services from a relatively harmless bureaucracy to a vicious institution which actively dehumanizes benefit claimants, and in which specific targets for inflicting misery on the already poor and powerless are implemented without challenge by trade unions.  In the NHS and care sector, the scandals at Winterbourne and at Mid-Staffs did not arise directly from public spending cuts or from privatisation, but from a decline in service standards which set in long before the Coalition came to power.

There are two main reasons for the decline in the quality of public services, and they form a duality.  First, the growth of managerialist ideology, itself a corollary of neoliberal economics, has created which are target- rather than value-driven, and in which every level of management holds the next one down accountable for reaching targets (often now called ‘outcomes’) while often preferring not to know how they are achieved.   Only last week, when earning a living tendering for a public sector contract (for a social enterprise) I was told by a senior manager that with the contract in question there was ‘no room for quality'; this was said with no hint of surprise.

Second, there has been a massive de-professionalization of the public services workforce.  Initially this de-professionalization was a conscious outcome of managerialism [15], as trade union and professional association concerns for the maintenance of quality were pushed to one side as impediments to competition-driven progress, but 30 years on most unions and associations simply no longer see it as their job to concern themselves with the quality of the service they offer to their fellow citizens; their sole role,  as they now see it, is to defend the terms and conditions of their members [16].

In my own profession, nursing, such a view of a trade union role has become institutionalized to the extent that when the Francis report recommended that the Royal College of Nursing (RCN) be formally split into a ‘trade union side’ and a ‘quality of provision’ side, there was barely a murmur of protest from the RCN.  Even more revealingly, Francis did not even feel the need to recognise a possible role for Unison (the other main union/professional association for nurses) in ensuring or campaigning for quality of care.

The now endemic failure of the labour movement to care about the quality of services they provide damages it, of course; while would the non-unionised public support public servants’ industrial action in defence on terms and conditions if those same public servants don’t seem to care about them?

The anti-austerity movement is, frankly, an anachronism.  Its calls for a return to 201o spending, in the absence of proper reform, are in their own way as a regressive as the ‘realists’ call for continued austerity.   Now, I know to my cost [17] that such a bald statement, while perfectly defensible, is likely to be unhelpful to efforts to develop consensus around how a more progessive ‘post-austerity’ Labour might be organised for and won.  So let me be clear, even at the risk of repetition:  the vast majority of people who would now, if asked, hold to the anti-austerity orthodoxy position critiqued here, will be decent Labour (and ex-Labour) activists, members or supporters.

The fact that they support what I call an anachronistic position public services is not something for which they should be blamed, because the primary faults lies with a) a trade union movement which has overly narrowed its functions; b) those within the Labour party who, for the reasons set out above, have stymied a proper debate within the Labour party about what public service reform should and can be about [18].

There’s one more point to make about the anti-austerity movement as it’s developed to date, before I move on to how I think its members/supporters should think about the post-election period, and one which connects to those proposals.  This is that, while the anti-austerity movement has achieved precisely nothing of what it set out expressly to achieve, a good deal has been achieved as an unintended consequence.   While the primary ambition of retaining jobs and services by forcing councillors to spend up reserves then pass illegal budgets remains a pipe dream, the organisational and personal links forged at local, city and regional level, between grassroots trade unionists, service user activists and others such as engaged journalists and those who might self-define as anti-capitalists has been a very positive development.   As I’ll go onto suggest, it is through the emergence of an updated form of the Trades Council, properly allied to the appropriate power structures within the Labour party, that an effective working class post-austerity movement stands the greatest chance of success, and the fact that such organisational links have already been forged, even in a losing cause for now, offers promise.

Conversely, should the current anti-austerity movement move in the opposite direction, away from the Labour party power and resource that will make it effective, both it and those within Labour who believe in good quality public services and wider institutional development towards democratic socialism stand to be marginalised and alienated from each other even further than they are at the moment.

3  Developing a post-austerity movement

This is what I’ll turn to in part II.  I’ll argue that, while these two camps of orthodoxies currently seem poles apart, not least because of personal animosity and mutual name calling on both sides (and I’ve been guilty of that two), there  exists a substantial common ground between the two around which ideological and, more importantly, organisational consensus can be built.   Such a consensus, I will argue, might be built around seven core ideas, to which many can subscribe.  These are

i) that public services should have investment in human beings at their foundation;

ii) that such investment is as worthwhile, or more worthwhile, than capital investment, and that the ‘rate of return’ problem can be overcome;

iii) that public services are best when truly co-designed and co-produced, and that modern trade unions and trades councils have a key role to play here;

iv) that the institutional developments which allow for co-production will be most successful where they develop at a local level;

v) that while public service quality can be improved through intelligent, co-designed investment, such developments can and should act as a bridgehead to similar labour movement developments in the wider economy;

vi) that in order to facilitate all this, the Labour party will need to go beyond its Refounding Labour initiative and either open itself up to genuine labour movement direction, or risk becoming an irrelevance;

vii) that the window of opportunity after the election will be short, because if the two groupings described don’t coalesce organisationally around common interests, existing power interests 0 notably the narrow ones of the existing narrow trade union leadership and the Blairite right, will re-exert their power, and threaten the long-term future of the labour movement itself.

 

 Notes

[1] Of course this borrowing is already happening via NS&I, via the Coalition’s 2.8/4% fixed term bonds for people aged over 65.  As, Chris Dillow points out, the other word for this is corruption, because of the particular choice of investor, but that doesn’t mean that using the NS&I as an investment mechanism is in itself a bad thing.

[2] Tott’s report indicates this form of borrowing can be even cheaper than conventional borrowing through the sale of bonds by the government’s Debt Management Office

[3] This is not likely to be introduced in year 1 of a Labour government, as local Public Accounts Committees may be a condition of such an internal investment mechanism (see Chapter 10 of IPPR’s June 2014 Condition of Britain report, which was effectively a Labour party report (a fact later confirmed by the Charities Commission, who reprimanded IPPR for being too overtly political.

[4] NS&I does not manage its own funds (and sadly, ATOS manage NS&I).  The funds are passed over to the National Loans Fund managed directly by the Treasury, where it is already used to fund roughly 10% of public borrowing.   There would presumably have to be a change in this arrangement if a proportion of NS&I funds were to be allocated direct to a British Investment Bank.

[5] The key obstacle to pension fund investment in social infrastructure has long been the fiduciary duty on trustees to maximise financial return to members, which has been taken as overriding all other factors and led pension funds to invest ‘safely’.  While there has been some movement towards a wider understanding of what members’ interests are, so as to allow invest in social and environmentally sound activities, and while there has been some very good local innovation in local government pension fund use, the recent Law Commission guidance remains very conservative in its approach, and there is still some way to go before we see a real rise in social investment by this route.

[6] Even when it comes to capital infrastructure, Osborne’s grand 2011 proclamation about tapping pension funds has so far turned out to be a damp squib, and Labour will need to re-energise this.

[7] I have been seeking to ‘crowdsource’ more extensive research, including a quantification of how far these new mechanisms will fill a more traditional borrowing gap.

[8] In my view, Anthony Painter is by far the best of the movers and shakers in the realist orthodoxy camp, and his Left without a Future (2013) is certainly worth a close reading.  While it is ultimately let down by the ill-conceived parameters of continued ‘tough choices’ Anthony provides for himself (as set out above), it is insightful both about how ‘investment’ should be seen in its widest sense, and in the need for the development of a range of new institutions aimed at delivering social justice (though I disagree with how his implicit suggestion around who should be responsible for designing these institutions, a matter on which I touch on in part 2 of this essay).  As I shall also set out in part 2 ,   it is to Anthony and some of his like-minded colleagues at RSA and IPPR, as well as to people like Jon Cruddas, that the (ex-austerity) labour movement will need to reach out to if it is to develop a truly effective post-austerity movement in the shortest time possible.

[9] Aside from the invalid short-shrift that Anthony gives to what he call the “ultra-Keynesian” argument – that there is real no barrier to deficit spending as long as it takes place within a functional economy – the other policy idea he dismisses all too easily is that of engineering inflation at around the 4-6 % level through quantitative easing (not the same, I should stress as deficit spending/investment on public services/infrastructure).

[10] That is not to say that countering the Tories credit card imagery was ever easy.  Such a metaphor fits neatly with Lakoff’s concept of the two central metaphors contesting the grounds in US politics:  the strict father vs. the nurturing father.  In these terms, it might be argued that Conservatives currently have the upper hand because the strict father metaphor has a hold, and it may be that Labour has to deliberately develop nurturing metaphors of its own as a way to ‘sell’ investment as a social good rather than a profligacy.

[11] I remember well Hazel Blears castigating me in a CLP meeting for being too focused on the needs of the poor and the vulnerable.

[12] Of course, cuts to public spending also have indirect effects on the same group, by sucking money out of local economies and delaying recovery, and the weighting of cuts towards deprived areas has made this even more significant when it comes to regional inequalities.

[13] To blow my own trumpet for a second, I’ll add that I was amongst the first to advocate an opposition strategy of focusing on the details of incompetence, and it was my research around the maladministration of the Regional Growth Fund which created the ammunition for an early hit of this kind on Cameron at Prime Minister’s Questions.  Unfortunately, while there have been other successes, the strategy was never deployed consistently.

[14] Howard Reed did engage with my reading of Labour’s investment plans, although he suggested I was over-optimistic.   Richard Murphy declined to engage, and continues to hold the view, reflected in Trevor’s Left Futures piece above, that Labour is Tory-lite.

[15] This is a conventional leftwing view. It is arguable that the legitimation of managerialism actually started earlier than this, and is as much a product of the socialist response to technological innovation in mass production as of neoliberalism.  As Peter Hain notes in his new book, Tony Crosland’s The Future of Socialism is marked by a dismissal of GDH Cole’s proposals for a modern ‘guild socialism’, on the grounds that these are incompatible with mew technologies and mass production.   While Hain seems happy to take Crosland at his work, my own view is that the side-lining of the whole guild tradition is at the roots of today’s mega-unions’ compliance with de-professionalization, especially in public services.

[16] There are vestiges of the old commitment to public service quality.  Ironically, in the face of what came next from the PCS, in 2011 the union asked election candidates to sign up to a pledge heavily focused on the quality of public services.  By 2012, that emphasis appeared to have been lost, as the Workfare programme was critiqued not for what it did to people on benefits, but solely for the effect it had on the workforce.

[17] When the Liberal Conspiracy version of the first part of this two part post appeared, I was called a wide selection of unpleasant names for my supposed treachery, but there was little or no actual counter-argument.  While that’s unimportant in itself, I accept that the provocative tone I adopted in the piece was more about my self-righteousness than any attempt to help forge a better strategy for opposition.

[18] That is not to say that there has been no debate within mainstream Labour about what ‘proper’ public service reform should look like.  The Progress pamphlet Reform in an Age of Austerity (February 2014), for example, is actually quite good on some of the crucial aspects of reform – particularly that it will need to be ‘relationa’ and personalised, but like the IPPR report Condition of Britain (see above) it remains hampered by the self-imposed fiscal straitjacket, within which these worthy ideals are mostly undeliverable.

 

 

On the concept of totty

January 5, 2015 10 comments

While creating the links for my previous post, I came upon this quite unpleasant post from right-wing blogger Tim Worstall, in which he introduces the concept of “underage totty”.

Underage totty in Worstall’s world is, as far as I can establish, a female who is a child in law and therefore with a right to legal protection from sexual predators, but who by dint of some pro-active display of her sexuality, can be seen not to be in need of that protection.  Or something.  From what he goes on to say about how 14, 15 and 16 year olds should be treated under law, Worstall seems to be suggesting that a physical capacity to act or appear in a sexual or sexualised manner should be the main indicator of when a young person should be regarded as an adult in law, when it comes to sexual consent.

Now Worstall’s ignorance of or wanton disregard for how wealth, power and gender status* come together to create the concept of “totty” in the first place need not detain us too long – he revels in his non-PC status and a bit of online trolling of a possible victim of serious sexual abuse is presumably all part of the act – but his post does give cause for reflection over what age should be the age to which young people still need protection under the law (we will leave aside here Worstall’s apparent confusion between the age of consent and protection from harm).

In fact, while Worstall seems to suggest that the age of protection should be lowered on the basis that young women can appear physically older, actual research suggests public and legal policy might be better going the other way, and  creating protective mechanisms for young people for longer.   If we look at brain, as opposed to breast, formation, longitudinal tracking of adolescents and young people’s brains indicates that the parts of the brain associated with judgment, especially in “hot” circumstances, continues well into a young person’s third decade:

Most research to date has captured information in conditions of “cold cognition” (e.g., low arousal, no peers, and hypothetical situations). Like impulse control and sensation seeking, hot and cold cognition are subserved by different neuronal circuits and have different developmental courses [30]. Thus, adolescent maturity of judgment and its putative biological determinants are difficult to disentangle from socioemotional context.

I don’t, of course expect pointing to actual research about how young people develop, and how public policy might need to change in the light of newish data, will do much to change the views of Worstall and the similarly-minded on what’s permissible if you’re a rich, white bloke.   But, as someone who remains unapologetically and old-fashionedly PC about the rights of both women and children, I do feel bound to point it out.

 

* I am alerted by Justin to the fact that other rich, white folk, such as chess champion Nigel Short, have similar views.

 

Categories: Gender Politics, Law

A left-liberal approach to restricting workers’ freedom (and outflanking UKIP)

October 24, 2014 Leave a comment

Cameron and his team are looking to outflank UKIP by restricting access to National Insurance numbers as a way of capping lower skilled worker entry to the UK labour market.  This, as Barroso says, is illegal under EU law, and it just isn’t going to happen, though Cameron will be hoping to keep up the pretence that it might until the other side of the Rochester byelection.

For Labour (and the liberal-left in general), there’s a positive in this.  There’s a short window in which it might set out its own more coherent proposals for restricting freedom of movement, and a legal mechanism to do so.

Let’s start with the legal mechanism, which requires an initial bit of myth-busting about what can and can’t be done under EU law.

Just about anyone in the commentariat or UK politics who claims to understand the EU will tell you that freedom of movement is ‘sacrosanct’, and a basic principle of the Single Market.  They may also tell you that if a EU state restricts freedom movement for citizens of other EU states, then it’s in breach of the Lisbon Treaty.

This, though, is incorrect.

This is what Article 45 of the Lisbon Treaty actually says (my emphasis)

1. Freedom of movement for workers shall be secured within the Union.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:

(a) to accept offers of employment actually made;

(b) to move freely within the territory of Member States for this purpose;

(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;

(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.

The limiting clause is there for a reason.  It is there because early formulators of the legislation (and the limitations date from Clause 48, para 3 of the 1957 Treaties of Rome) understood that total freedom of movement might be difficult to implement, and that there might be occasions when it is best to take a step back.

Now, it’s not quite as easy to invoke the limiting clause as it might once have been.  This is because in 2004, EU Directive 2004/38/EC tightened up the process for curtailing freedom of movement by requiring that any person whose movement is curtailed has to be named, and specific  reasons provided for the curtailment.    Thus, if freedom of movement were to be restricted on a large scale, including for whole states, that Directive would need to be repealed.  But the point is that, with political willing from all states, this repeal could take place through the ordinary legislative procedures of the EU, and would not require treaty change.

There are two questions that arise from this.  First, why on earth would Southern and accession states voluntarily accede to the repeal of Directive 2004/38/EC when their citizens stand to lose freedom of movement and therefore earning power?   Second, what good would it do Labour to engage in such a process (or set out promises for same in its manifesto.

The answer lies in another section of the Lisbon treaty. Article 30 states that “customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.”  but article 32 clear the way for exceptions to the rule:

In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by………the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production and an expansion of consumption within the Union.

Invocation of this aspect of the Lisbon treaty as part of the overall deal between richer and poorer  states would create the room for  temporary suspension of the single market, and the creation of export subsidy/import substitution mechanisms, such that convergence can occur at a much quicker pace than might otherwise happen.   It would effectively, give the newer EU states the space they need to catch up, as long as they agree to their side of the bargain – keeping and feeding their own citizens, especially if it were to go hand in hand with a redistribution of EU structural funds** towards the poorer states:

1.  It hoists Farage by his own petard.  He has claimed that slower economic growth in Britain is a price worth paying for reduced immigration, and what is proposed here is a route to just that, not just because in the real world immigration into the UK is an economic good, but because UK companies stand to lose business through temporary tariffs.   Farage can hardly object to concrete proposals to put into practice what he adovcates.

2. It allows Labour to argue, correctly, that the root cause of EU immigration is the failure of the free market within the EU; economic convergence between rich and poor states has simply not taken place through free trade, and policy intervention by the EU is now needed to help convergence along the way.

3.  Labour has no choice. Trying to outdo UKIP or the Tories on toughness is just a non-starter given the very low levels of trust the party suffers on immigration generally, which stem both from a hostile media and from the party’s failure to be clearer about the benefits of EU immigration back in the early 2000s – when it did enjoy considerable trust.   Similarly, a late attempt to win over the electorate to the economic benefits of such immigration are doomed to failure, given the evidence that any form of redistributive policy, seen as demanding some form of self-sacrifice, is almost certain to get a hostile reception when political trust is low.

In these circumstances, the only realistic way forward for Labour is to be seen to accede to the expressed demands of much of the British population, and seek to reduce immigration from the EU in the short to medium term, irrespective of the fact that this may actually damage the economy (though in the longer term real economic convergence will benefit all EU states, of course).

 

 

*I use the term liberal-left purposely in order to distinguish it from the Marxist left. As a fairly gross generality, the Marxism-inspired left would see what I propose here as an accommodation with nationalism and xenohpobia, that the left’s efforts are better directed at collective action against the real enemy, capitalism, and that the desire of a large part of the population to reduce immigration is one rooted in false consciousness. I have some sympathy with this analysis, however crudely I express it, but I am also a democratic socialist who believes that people do have the right to express preferences, and that telling them their preferences are a product of ignirance is not productive for the most part

**Jacek Rostowski, ex-finance minister for Poland, said recently:

No Polish government could agree to Cameron’s renegotiation proposals except in return for a mountain of gold.

He, of course, recognises that there is a deal to be done. even if Cameron doesn’t.

As for why and how Labour would gain from setting out these proposals, there are three points to make.

 

 

 

Reflections on Rotherham: part 2 of 3

September 8, 2014 Leave a comment

Introduction to part 2

In part 1 of this critical engagement Professor Alexis Jay’s report on Child Sexual Exploitation (CSE) in Rotherham, the focus was mainly on the factors which drove the upsurge in CSE in the late 1990s and 2000s, rather than the council’s and other agencies’ response to that upsurge.  Clearly, though, the way in which those ‘external’ factors took effect during the period had an effect on the appropriateness, or otherwise, of the response by those agencies.

In part 1, I made two main points in particular about the weaknesses in the Jay report in respect of these factors.  Here in part 2, I’ll expand somewhat on the implications of these, and of how the reports interprets them, before moving on to the ‘internal’ institutional dynamics of the agencies response to CSE, and will again suggest that the analysis by Jay is inadequate, and indeed potentially counterproductive at a national level, given her new role as adviser to the public inquiry into Child Sexual Abuse announced in July.

In part 3, I’ll move on to what I think is the biggest conceptual flaw in the Jay report – the failure to grasp what community development actually is  – and I’ll finish with an assessment of what does actually need to be done to stop and prevent the growth of CSE (and child abuse more generally), and offer some suggestions on how we might move in that direction.  Needless to say, these suggestions won’t involve manadatory reporting, which is at best a distraction, or fabricating evidence so that staff can be disciplined, as the MP for Rotherham is now apparently suggesting.  Sadly, Labour has been utterly useless in its response so far, and this is my attempt to help it respond better, before it is too late.

Ethnicity and political correctness

In part 1 I suggested that the report lacked the courage of some of its convictions about the “issue of ethnicity” (as one of the report chapters is entitled), with Jay going to lengths to say that ethnicity cannot possibly be seen as a predictor of child abuse perpetration, before backtracking and accepting that future work to combat CSE may have to confront ‘cultural issues’.  I then set out an alternative way of approaching the matter, in a way that not only allows for a ‘race-blind’ approach to tackling CSE, but which is actually more effective because it is race-blind i.e. it is not caught up by extraneous issues of ethnicity, but focuses on the actual material circumstances which are predictive of CSE [1].

This is important stuff because, if we accept that race-blind intervention to stop and then prevent CSE is not only possible but more effective than ethnicity-focused intervention [2], much of the criticism, itself based in the report on little more than hearsay, that police, council staff and councillors betrayed children because they weren’t courageous enough to ‘take on political correctness’ – becomes an irrelevance.

Maybe, just maybe, the managers and councillors were correct in their approach. Maybe, just maybe, being politically correct can be correct in terms of lived outcomes as well as votes.

That’s not to say that sending the Home Office researcher off on diversity training course for using the word ‘Asian’ in a report was the correct thing to do; this does sound cack-handed, as it is pretty well impossible to imagine a Home Office researcher into CSE having anything other than a good understanding of diversity issues, and therefore open to a reasonable debate, based on the kind of evidence I produced in part one about circumstance being the overriding predictor, about whether her approach was reasonable.   Her mistreatment, though, may have more to do with the dominant masculine managerialism referred to in the Jay report (and which I analyse below) than with the fact that she was right and they were wrong about the fundamentals of the best way to tackle the CSE epidemic.

Maybe it was the other way round.  Maybe the managers were right.  Maybe she was wrong.

Let”s be blunt, then. Even though the report hedges it is bets – “Recommendation 14 reads: The issue of race should be tackled as an absolute priority if it is a significant factor in the criminal activity of organised child sexual abuse in the Borough)” – this very hedging means that the media and popular reaction to the report has focused on the need to overcome political correctness and focus on ethnicity a way to prevent further abuse.

The Jay report may therefore end up doing children currently being exploited and at risk of exploitation more harm than good.

The perfect storm: external meets internal

Also in part 1, suggested that a key weakness in the Jay report – though this may have more to do with the terms of reference and timescales than Jay and her team’s own capacities – is the failure to assess why the incidence of CSE has risen.  My own answer to this question is linked to the argument above about circumstance over ethnicity, and argues that the rise of mobile and social media technology, plus the easy availability of internet porn as a progressively misogynsing factors [link to Us article], creates both the ‘motivation’ and opportunity to develop exploitative techniques.  Jay’s relative failure to assess the surge in incidence feeds into the over-emphasis on ethnicity.  It also incidentally allows her a route out of commenting properly on the horribly inequitable funding of the council as a whole; while she notes the 33% loss of spending power in Rotherham in comparison with 4.8% in Buckinghamshire (para 12.14) , there is no recommendation as to what might be done about such clear inequity.

But this is just one part the ‘perfect storm’ that hit those principally and statutorily responsible for protecting children – frontline social workers.   The other factors which hit children’s social care staff in the crucial period were understaffing – I’m not sure how any council department might be expected to operate with a vacancy rate of 43% (para 12.2) – and the rampant managerialism which took hold of public services delivery in the 1990s and 2000s.

I should be clear what I mean by managerialism, a term not used in the Jay report itself but which I use here to reflect the kind of events she describes (but doe not fully analyse) in her report..  I mean the ideologically-motivated assumption that if public services (indeed services of any kind) are subject to improved management targets and controls, then the quality of that services is bound to improve.  This assumption, as Chris Dillow has set out on his blog and in his fine book New Labour and the folly of managerialism is wrong, not least because what may be gained through ‘efficiencies’ is lost through diminished professional/worker autonomy.

This we can see from the Jay report, is precisely what happened in Rotherham in the 2000s.   The account at paras 6.21-6.24 about how social worker time was remorselessly squeezed away from both preventative and vital followup work is not just an account of understaffing.  When I asked frontline social workers in my area about this section, they actually burst out laughing at the idea that there might not have been downward pressure to increase “throughput” (the beautifully managerial term used by Jay at para. 6.23); of course frontline professionals would deny that they had submitted to such pressures, they told me, as that would make them look unprofessional in the eyes of Jay’s team (and therefore open to disciplinary measures for loss of professional standards), but of course they will have submitted to pressures – how, if there were no such pressures, would have the question of such pressure have arisen in the first place?

Perhaps even more revealingly, Jay covers the role played by Barnardo’s in the removal of professional autonomy, through the introduction of a “numeric scoring system” (para 6.38).  Jay detiails how, while managers may claim otherwise in their interviews (again, understandably in the view of possible sanctions), frontline social workers make it quite clear that there was little room for them to exercise professional judgment and override the scoring system where they felt the scoring was underplaying the actual risk at which children found themselves.

Again, I asked experienced children’s social workers, with whom I come into contact for me work, what they thought of these paragraphs in the Jay report (they had not read the report at that stage, so I paraphrased Jay but referred specifically to the Barnardo’s scoring system, which is well-known and in widespread use.  These colleagues answered to the effect that the Barnardo’s scoring model is deficient not just because it doesn’t, of itself, allow for professional judgment alongside the scoring, but that professional judgment is actively excluded by the insistence on the need, within the scoring process, for concrete evidence.

The (recent) example I was given of a teenage girl who had been found by police (involved in other crime detection work) on an edge-of-town caravan park, miles from home, and in a place unfamiliar to her family.  There was no evidence that she was on that night subject to sexual exploitation and so, despite the putting of two and two together by social workers, the risk assessment as scored downplayed a risk obvious to pretty well everybody involved in the case.

It is not always thus.  One of the local authorities that my work connects with had looked at the Barnardo’s mode in the mid-2000s and, because they remained open to some real frontline social worker interaction, had chosen not to go with the ‘best practice’ Barnardo’s model, but instead asked frontline social workers to develop their own model for standardised assessment.

What to make of all this?  Well, the first thing to mention is the level of control that Barnado’s, a voluntary sector organisation dominated by a controversial Chief Executive, appear to have had not only over Rotherham but across a swathe of local authorities in England.  While a voluntary organisation in legal definition, Barnardo’s size and capacity to undercut smaller organisations and in-house provision, combined with its clever marketing means that it has become something of an untouchable. Even here, where the finger has been pointed at Barnardo’s for the introduction of a scoring model which is demonstrably not ‘best practice’, or even good practice, the (otherwise very good) Rotherham Council response to the Jay report continues to refer to it in these hallowed terms, and to make clear that it use will continue.  Here is not the place to delve in detail into the relationship between Barnardo’s (and its arc-rival NCH) and the state, but it is worth stressing that if you are going to act effectively as an arm of the state,  then you really need to be held to the same standards as the state.  On this occasion, at least, this hasn’t happened.

The second, broader, point to make about this section of the Jay report is that, while Jay set out well the way frontline social worker were subject to managerialist influences to the detriment of their professional judgement [3], she probably fails to reach the correct conclusions on the basis of these findings.  Instead of pointing out how the managerialism which spread across local authorities in the 1990s and 2000s at the expense of professional autonomy – some of this because of contracting out to bodies like Barnardo’s – may have caused the practice failures she uncovers, Jay instead opts for another broad explanatory factor: the aggressive. ‘macho’ culture which dominated the council in the same period.   Yet no direct link is apparent between this macho culture and poor practice outcomes for children.

It seems to me that a more indirect explanation is brought forward while an indirect one is ignored, either because it is inconvenient or – I suspect more likely – the idea that managerialism night be a problem lies beyond Professor Jay’s conceptual paradigm of how a local authority should operate.  This is not to say that councillor and senior officer misogyny and aggression did played no part in what happened, but it is also possible that this cultural aspect of the council’s failure was fed and watered by the ideological and institutional factors which came into local government from Thatcher onwards, whereby management efficiencies become more important than professional relationships in a way which then fostered ‘black box’-style – I don’t care how the target is met, just meet the target – approaches to management [4].

Again, this is not just esoteric wondering about the background causes to the Rotherham failures; establishing why the failures happened is essential to ensuring that they don’t happen in future.  If the public eqnuiry on which Professor Jay will act as a key adviser and is chaired by a key proponent of privatization, accepts her analysis that macho, male-dominated councils are at the heart of the problem, then the solution will lie in human resources practice to ensure that more women are in top positions and /or that macho practice is trained and developed out of people.  If, as I contend we should, the key problem is actually that professional autonomy has been stripped away from professionals (and from professional training), then the answers lie elsewhere.  This will be a key battleground in the inquiry process, but at the moment the managerialists hold the higher ground.

That’s enough for part 2.  Part 3, covering the key conceptual failure of the Jay report, and recommendations for action on the part of those willing to think and act in the interests of children, as opposed to the need to be seen to be angry, will follow soon.

 

 

[1] There is a straight analogy with the application of English law here.  The basic principle is that an offender is prosecuted for an offence, not for the type of offender s/he is, although when assessing the level of offence it is leigtimate to take into account other offences committed to establing an offending pattern.  It seems odd therefore, for people interested in ‘British values’ to be arguing that there should be a focus on offender profiling rather than offence profiling when it comes to CSE.

[2] Another question arises here about the ‘issue of ethnicity”:  if CSE were in fact ethnic culture-driven, rather than circumstance-driven, what would we actually do about it?  Is Jay actually suggesting that priority should be given to changing culture in some way, over and above measures to intervene tactically in the circumstances which we know actually create CSE opportunities?  If so, this would seem to be anti-PC gone maaaad, a desperate attempt to paficy the Islam-correlates-with-rape crowd at the expense of children’s futures?

[3] It occurs to me that this may seem like too strong a defence of frontline social workers.  After all, whatever managerialist influences they were subject to, they are still professionals, with professional standards, so should n’t we have expected them to stand up better to their bosses.  The answer to this question is yes, we should, but my argument here (as elsewhere) is that moral condemnation of staff – and their sacking – does nothing about professional competence in the long term; we need to establish why and how professional didn’t feel able to act up to professional standards, and a failure to do so will be a like act of gross political failure (as well as failure in social work training, which i’ll cover in part 3)

Here is not the place to go into loss of professional ethics and standards in detail, other than to say that there is a rich seam of ressearch literature on the subject, for those politically professional enough to engage with it.  It’s called, broadly, Implementation Studies, and starts with the seminal work of Michael Lipsky (1980), which details how frontline professionals move, in certain circumstances, from autonomy and advocacy towards alienation and disregard for their clients as whole human beings.  It ends, for me at least for now, with this detailed qualitiative study of how even Finnish welfare professionals are subject to managerialism and see their work get worse as a result.

[4] The best read I know on this post-Thatcher trend, other than Chris Dillow’s book, is Gerry Stoker’s (2004) Transforming Local Governance: From Thatcherism to New Labour.  Here’s how he summaries managerialism:

Managerialism……..began in the 1980s and 1990s to take an increasingly strong hold in local government.  This ideology saw political leadership as important in setting direction but beyond that a potential source of inefficiency.  Politicians should set goals but not dictate the means to achieve them. The key to managerialism is its emphasis on the right of managers to mange against inappropriate interference from politicians or, for that matter, the special pleading of professional groups (p.13, my italics)

 

 

Why the throat?

June 20, 2014 1 comment

I try not to join in twitterstorms, but the one about Michael Fabricant MP’s threat to punch a woman in the throat does bring with it an interesting question.

Why the throat?  Why not the more common concept of a punch to the face or the nose?

Domestic violence-focused literature more than hints at a possible reason: this study finds that 68% in the  ( fairly small) sample of women who suffered domestic violence have suffered from strangulation, and here’s one showing that violent death by strangulation is 6 times more likely for women than men.

The Fabricant tweet may reflect less sudden rage, and more a desire to subjugate, control and make defenceless, and be specific to women.  That’s what makes the tweet more disturbing.

Now, I’m not suggesting that Fabricant is someone prone to violence against women, and of course punching is not strangling..   But I am suggesting that, as part of his making amends as best as he can, he might want to explore why he wanted to go for the throat, and make that exploration public.  That might be a useful service.

 

 

 

Categories: Gender Politics, Law

The EU-USA free trade agreement leak and the threat to the NHS

The leak from the #ttip EU-USA Free Trade Agreement Talks is interesting, as far as the destruction of the NHS is concerned.

This (at p.23 of the pdf file) is the end of May position of the EU negotiation team:

The EU reserves the right to maintain any measure with regard to the provision of all health services which receive public funding or state support  in any form, and are therefore not considered to be privately funded (CPC 931, except for CPC 9312 Medical and Dental Services and part of 93191 relating to Midwifery Services and Services provided by Nurses, Psychotherapeutic and Para-medical services).

The numbering is that of the UN statistical division, and CPC931 is the overall Human Health Services classification, within which medical & dental and midwifery, nursing & the other services fit.

So it looks like that the current EU negotiation position is, by NOT “reserving the right” over these services, to open them to competitive tendering in a way which far outstrips the current Health and Social Care Act 2012 “any qualified provider” provisions.

It looks like the fears may be well-placed.

 

 

 

 

 

 

Categories: Law

Law breaking for legitimacy: the thin end of the euro-wedge

It’s beginning to look like Jean-Claude Juncker will not become President of the European Commission after all.  Paul Mason from the left seems pleased, and Ambrose Evans-Pritchard from the sane wing of conservatism will not, I think, be shedding any tears.

But Jurgen Habermas has a different view, worth listening to.  He thinks that leaders of member states coming together to block Juncker’s election as Commission President by the European Parliament is very bad news indeed.

On the whole, I agree.

This is not because I think Juncker will be a good President – on this I agree with Mason and Evans-Pritchard that he is a  member of a self-serving elite devoted to a massively counterproductive continuation of austerity.

It’s because I don’t like the idea of state leaders thinking they can ignore the rule of law as a means of bolstering their political fortunes.

Let’s be clear what’s going on here.

If a Juncker Presidency is not recommended to the European Parliament by the heads of state at the forthcoming European Council, then these heads of state will have deliberately and knowingly breached article 17 (7) of the Treaty of European Union [1], which requires that the European Council takes into account the results of the European elections.  They may be able to talk their way round it if Junker decides, as seems likely, to withdraw his candidature before the European Council as a way to save face, but this will only be a technicality.

The Spitzenkandidat process – whereby the main European parliamentary grouping have selected their preferred candidates (Juncker for the EPP, Schulz for the SPD) as their part of the implementation of the treay – has been very clear for many months now, and it is only at this very late stage that national governments have started to suggest that “taking account” of the election results, in which the EPP gained the upper hand, might involve simply discounting them in favour of ‘candidates’ who have been nowhere near the process to date.

Moreover, there is a legal mechanism within the Treaty of the Functioning of the EU (article 234) for the European Parliament to make the President and his Commission resign should they lose the confidence of the Parliament,  meaning that national governments could work with others in their political groupings to put an end to a Juncker presidency if he turned out to be the disaster they’ve suddenly worked out he might be.  Indeed, They could even persuade enough MEPs to vote against Juncker after the European Council itself has proposed him – a bit odd-looking, but perfectly legal.

But that route has been ignored in favour of a bigger states vs. European Parliament powerplay, which prefers simply to ignore the rule of law in this case. (In Cameron’s detail-lite case, he possibly simply doesn’t know, just as he probably didn’t know that by taking the Tories out of the EPP, he removed himself from any influence on which Spitzenkandidat the EPP went for at its Dublin meeting in March).

What this likely breach of law is really all about is the panic of members states at the rise of the populist anti-EU right in the recent EU parliamentary elections.   Cameron, and now it seems Merkel (I reserve judgment on Renzi) are desperate to show that they are on the side of ‘their’ peoples, and thereby bolster their own legitimacy as democratic representatives.  But breaking the law is not a good way to do that.

Of course law shouldn’t be set in stone, and Habermas is very clear [3] that there needs to be a healthy tension between legality and legitimacy, with a space for forms of civil disobedience in cases where the law loses legitimacy, in a way which creates a process for the renewal and relegitimation of law . But this is the preserve of civil society, not the existing elite.  If demonstrations erupt against a Juncker presidency, linked to a wider movement against austerity, then the European Council might have a legitimate part to play in meeting the expressed will of the people, and reforming the treaties as appropriate (though as  noted, the scope for the Council to dismiss the Commission creates a legal route to meet that will anyway).*   For national elites to seek their own legitimacy in the eyes of their people by ignoring international law  is the thin end of a very big wedge.

If the anti-Juncker plan is carried through by Merkel, Cameron and others, I do hope the European Parliament will stand its ground and vote against their recommendation for President, wohever that may be, as an act of principle.  Sadly, I can’t see it happening.

Shame the Labour party stopped me being an MEP.  I’d have stood with Jurgen for a socialist AND democratic Europe.

 

[1] Article 17 (7) of the Treaty of European Union reads:

Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.

[2] Article 234 of the Treaty on the Functioning of the European Union reads:

If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.

If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.

 

[3] Its interesting to see Habermas, in his interview with the Allgemeine Zeitung, positively welcome the rise of the populist vote in the European elections as a shock to the governing elite:

Der Rechtspopulismus erzwingt die Umstellung vom bisherigen Elitemodus auf die Beteiligung der Bürger.  Das kann dem europäischen Parlament und seinem Einfluss auf die europäische Gesetzgebung nur guttun

[Rightwing populism requires the adjustment of hitherto elite modes of governance toward citizen participation.  That can only be a good thing for rhe Europen Parliament and its influence on European lawmaking]

 

For further reading, see Bruce Miller’s useful post, including some useful translation of Habermas and others, and more generally Matthew G Specter’s Habermas: An intellectual biography, kindly sent my way by Chris Brooke.

 

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