The Obscurer

Month: July, 2009

Not In My Name

In these tough economic times, of plummeting GDP and ballooning public debt, it is only right that all organisations, in both the public and private sector, look to cut costs wherever possible. Actually identifying such elusive efficiency savings is a notoriously tricky business; but if there is one place that can easily trim some unnecessary fat it must surely be the TaxPayers’ Alliance. For whenever a request is made for someone to spout some nonsense to a journalist from a moron-sheet, the TPA always seems able to find some spare part at a loose end just hanging around, killing time, busy doing nothing; or at least nothing so productive that they can’t drop everything and break off to chuck out a paragraph or two of blather for free.

A case in point is this article from yesterday’s Sunday Express entitled “Brown’s £1,200 Tax Bombshell”, which warns that “families face a £1,200-a-year tax bombshell after the next election if Labour win to meet Gordon Brown’s pledge to maintain lavish public spending levels”. The story is based upon figures calculated by the respected Institute for Fiscal Studies. One response, from Matthew Elliott of the (somewhat less respected) TaxPayers’ Alliance, reads

The Government must accept the urgent need for spending cuts.

People are heavily overtaxed already, and there is no way that anyone could afford tax rises equivalent to a whole new council tax every year. It is absolutely clear that massive savings could be made by ditching misguided policies, trimming bloated quangos and bringing the efficiency of the public sector up to the standard of the private sector.

The Government’s spending binge is totally unsustainable and must be killed off. The country cannot afford tax rises on this scale.

I’m certainly not going to argue with the idea that we should try to improve the efficiency of the public sector, and to trim any quango that is indeed bloated. But is it really true that “there is no way that anyone could afford tax rises equivalent to a whole new council tax every year”? What, not anyone? Not John Terry? Not Fred Goodwin? Not even Gordon Brown? Even closer to home, I’m far from flush but I reckon I could find an extra £100 a month if I absolutely had to. Of course, whether I should have to, or whether it is a good idea that I do, is another matter entirely. It is also something that the TaxPayers’ Alliance itself makes no real effort to answer, having decided long ago that any tax rise, ever, is just wrong.

But the problem with discounting fiscal measures on the basis that anyone could struggle to afford the consequences is that it leaves us pretty hamstrung when looking for ways to pay down our national debt. The TaxPayers’ Alliance thinks we should make public spending cuts; but what kind of cuts? If no one can afford a tax rise, can anyone in the public sector afford a pay cut, or even a pay freeze? Is there anyone in the public sector who can afford to be made redundant, even if they are only a Diversity, 5-a-day and LGBT Outreach Executive employed by OfTosh? If we are unable to countenance any action on the basis that it could make anyone worse off then it really does cut down the number of things that we can do.

Now, you may feel that all I am doing here is unfairly picking up on the clumsy use of the word “anyone” in the TPA’s statement. And perhaps I am. But the TaxPayers’ Alliance is not made up of stupid people, despite often giving that impression. For one thing, they gleefully reprinted the Express article in full on their website without correction or clarification. For another, when a recent report of theirs criticised the amounts of money that Local Authorities pay into their employees’ pension schemes on the grounds that the overall figure is equivalent to 21% of Council Tax receipts, they didn’t do so out if ignorance, unaware that Council Tax forms but a part of any council’s income; no, they did so in order to knowingly twist the facts, to make it seem as if councils are spending a fifth of their revenue on staff pensions, when they in fact pay in a far more modest sum. So, I can well believe that Matthew Elliott’s use of the word “anyone”, rather than being a slip of the tongue of an idiot, was a deliberate act to give his statement a more dramatic impact, and in preference to saying something more accurate, coherent, truthful; such as, for example, saying that he “feels” that it “appears” to him that “many” or at least “some” people “may” be unable to afford such a tax rise (you know, the sort of woolly back-covering that I often pepper my posts with). In deciding to go with the more striking – but bollocks – use of “anyone”, the TaxPayers’ Alliance has again shown itself up to be a lobby group of ideological zealots trying to make a political point, rather than a genuine pressure group working to look out for the taxpayer and to ensure we enjoy efficient public services.

Which brings us back to the start of this post, and the efficiency savings that all parts of the economy must look to make. Yes, let’s trim those bloated quangos, let’s; but while we’re at it, why not include wasteful think tanks in on the cull? Because speaking as a taxpayer myself, I don’t think that we’re getting value for money from the TaxPayers’ Alliance. Sure, it isn’t publicly funded, and one could reasonably argue that it is solely a matter for its paymasters to decide whether or not it is fulfilling its remit in a cost-effective manner. But the TPA does at least claim to speak for me, and while I may not directly contribute to its upkeep its funding still has to come from somewhere, and each pound that is blown on a staff member who could easily be replaced by a random quote generator represents an opportunity cost; a pound that could be more effectively invested somewhere – anywhere – else. And I don’t see how anyone genuinely interested in economic efficiency could possibly fail to agree.

Twitterings: 26th June-2nd July

  • Friday morning Pavement lyric #7: “We spoke of latent causes, sterile gauzes, and the bedside morale.” [#]
  • @michael_dennis If everyone listened to the Man From Delmonte song “M-I-C-H-A-E-L” it could improve things; it’s why I know how to spell it. in reply to michael_dennis [#]
  • @michael_dennis No, I can’t find it online either, so for the time being I’ve whacked it up here: http://www.obscurer.co.uk/michael.mp3 in reply to michael_dennis [#]
  • “Oh, that reminds me,” says my son on hearing the ice-cream van. “What of…post-war Vienna?” I replied. [#]
  • I wonder. Does knowing that our local ice-cream van plays the theme from “The Third Man” aid ones understanding of that last tweet? [#]
  • Blood & Treasure: Parable Of The Snake Illustrated http://amplify.com/u/936 [#]
  • Bloc Party appear to have a limitless supply of very average songs. [#]
  • *Never* giving my kids Doritos ever again. Currently trying to get them down off the ceiling by using the broom with the extendable handle. [#]
  • Flying Rodent: on Not Flying The Flag (How Bullshit Works, Part 14,302 ) http://amplify.com/u/97g [#]
  • Just broken a chisel trying to get some Morrison’s “Soft-Scoop” ice cream out of the tub. [#]
  • Cadbury’s “Freddo” has got to be my favourite amphibian-shaped chocolate bar. [#]
  • @hackneye Blimey, that’s two of my meagre band of twitter followers that have had swine flu. Hope you’re all on the mend. in reply to hackneye [#]

Police. Camera. Action?

Don Paskini recently pointed me in the direction of the blog of “Libertarian Lib Dem Charlotte Gore”, and specifically a post in which she explains why she will not be standing in a parliamentary election any time soon. This is probably a good decision on her part; among other reasons, Charlotte dismisses running for parliament because “It’s not for me, this life of trying to appeal to ‘people’.” Hmm. Libertarians “are at some point going to have to figure out how to address this problem about the “people” not wanting to vote for them,” points out Don, unless they are happy to run with

the alternative to winning popular support…to wait for a military dictator to do the hard work of securing power and then persuade him to hire them as policy advisers, as in Pinochet’s Chile. There’s nothing quite like having the overwhelming might of the state to crush dissent to enable libertarian ideas to get tried out.

Anyway, Charlotte does treat us to the sort of letter she would like to write to her prospective constituents, were she to ever give it a go and stand for election in Halifax. Her letter opens

Dear Halifax,
I’m looking for someone. It might be you. It might be someone you know.

It is at this point, were I to receive such a missive through the door, that I would probably scrunch it up and hurl it in the recycling; but this being the internet I did read on. And it’s an okay letter I suppose although somewhat simplistic, and certain points stated as fact are certainly arguable. However, it was Charlotte’s assertion that under this government “it has become illegal to take photographs of the police” that really caught my eye. Now, I don’t want it to seem as if I am singling Charlotte out here – the stated illegality of capturing the police on film is something I’ve read and heard umpteen times already and from many different sources, especially in relation to the footage of police officers’ actions during the G20 demonstrations – it’s just her misfortune that I’ve got a wee bit of time on my hands at the moment, so I’m able to put my thoughts, or what passes for my thought, down in words just now.

The prevalence of this complaint that it is now illegal to photograph the police lends me to believe that many people want this fact to be more widely known, and that they feel that not enough people are aware of this very serious assault on our civil liberties. I disagree. I think that in fact far too many people are aware of this “law”, and for one simple reason: it isn’t true. To inform others that photographing the police is against the law is at best mistaken, certainly hyperbolic, but at its worst it is a plain deception.

The law I’m assuming Charlotte is referring to is Section 76 of the Counter-Terrorism Act 2008, which amends Section 58 of the Terrorism Act 2000 to additionally read

58A Eliciting, publishing or communicating information about members of armed forces etc

(1) A person commits an offence who—

  (a) elicits or attempts to elicit information about an individual who is or has been—

  1. a member of Her Majesty’s forces,
  2. a member of any of the intelligence services, or
  3. a constable,

    which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or

  (b) publishes or communicates any such information.

(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.

I’d say that is pretty straightforward and self-explanatory, certainly not a blanket ban on photographing the police; yet this is the piece of legislation that has been reduced by many journalists and bloggers to read “Wah! We can’t take a picture of a copper! Like not never!” just as the smoking ban was for some bizarre reason over-simplified by many to mean “Wah! I can’t have a fag in the pub!” Except, while it is at least true that you can’t have a fag in a pub anymore (it’s just that the law itself is somewhat more detailed that that) it is clearly not true to say that the law now prevents the routine photographing of police officers.

Now, that is not to say that I don’t have misgivings about this law. There are plenty of pieces of anti-terrorist legislation around already, laws to prevent the commissioning of and acts preparatory to terrorism. Section 76 certainly seems like a classic case of New Labour inventing a brand-new, poorly drafted and pointless offence when there are perfectly decent existing offences that could do as good a job. I am also not so naïve that I’m not fully aware that in practice this law is certain to be misused by some officious officers anxious to prevent their actions from being captured on film and then broadcast to and scrutinised by a wider, curious public. The point is, though, that if they do try to prevent someone from taking legitimate photographs they will be misusing the law.

And the thing is that any law can be misused, laws are already misapplied; but that doesn’t instantly mean we should criticise a law or exaggerate its powers. This press release from the British Journal of Photographers back in January complained about the then prospective implementation of Section 76, by showing existing examples of heavy-handed police behaviour using existing laws. Then there was the example recently of someone being arrested for theft when handing a found mobile phone into a police station; but the fault there lies in the dickish judgement of the officer in question, not with the law. In response to such a case we need to tackle that particular officer’s actions; we don’t decide that we need to repeal the law on theft, or go around spreading erroneous rumour about it now being illegal to hand in found property. Well, certain tabloids may, but they have their own agendas; it’s just what they do.

My argument here is not simply motivated by pedantry; I think that it is vital that we fully and accurately know our rights. If you are arrested when handing-in a mobile phone at a police station it is important to know that “theft by finding” is not a made-up law, as some commenters on the Daily Mail’s website seem to think; but also that theft only applies when you are seeking to permanently deprive the owner of their property, which clearly cannot be the case when you are in the process of returning it. Similarly, if you believe that it is simply illegal to photograph a police officer under any circumstances, then should an officer try to prevent you from taking a snap of him you may feel compelled to comply, feeling that the law, however unjust, is on his side (indeed, perhaps as importantly, from reading some blogs and newspaper articles bemoaning that fact that photographing police officers is now illegal, the police officer in question may himself genuinely believe that the law is on his side). Far better, surely, to know where you stand legally, and to refuse any attempt to prevent you from taking pictures by stating that you know you are fully within your rights.

It all suggest to me a most luxurious indulgence to be able to so exaggerate the police’s powers, something I doubt is required in North Korea or Burma, say, where I would imagine one of the few weapons against a genuine police state is an extensive, and most of all correct, knowledge of your rights. Ultimately, the point I guess I’m trying to make is that claiming that the police have greater powers than they do – and by extension that we have fewer rights than we in fact possess – may be of value if all you are interested in doing is giving New Labour or the police a good old metaphorical kicking; but if it is motivated by a genuine desire to defend our civil liberties then it is surely a thoroughly misguided and counter-productive activity.