Tag Archives: Nanny State

No democracy on the honour system

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This morning I posited a conspiracy theory that the government would use the temporary deregulation measures undertaken in response to the Canterbury earthquake to progress another tranche of wide-ranging reforms to the resource management regime and building and construction industries after the 2011 election.

Absurdly, if the Canterbury Earthquake Response and Recovery Bill is passed without very extensive amendments of the sort proposed by the Greens and voted down by both major parties (it’s going through all three stages right now), then all that and much, much more could happen this week, no election required, and without any review by the courts. The executive powers granted to the relevant Minister (that’s Gerry Brownlee) in this bill are so sweeping as to permit him to do almost literally anything as long as it has something to do with quake recovery — amend or suspend almost any piece of legislation, overturn any electoral decision — really, Dean Knight, Graeme Edgeler and Andrew Geddis (themselves no wide-eyed conspiracy nuts) are just three of the constitutional law experts who are boggling at the possibilities; Idiot/Savant is also much more than usually incandescent, and Gordon Campbell pulls few punches, either. Geddis says the law gives him “a case of the screaming collywobbles”. How’s that for a technical term. Their argument — contra government speakers such as Nick Smith — is that, because there is no real oversight to test whether actions taken are “reasonably necessary or expedient for the purpose of the Act”, the bill’s scope is not strictly limited in black-letter law to those matters, nor indeed to the region impacted by the quake, and the minister and his commission basically enjoy immunity. These are sweeping powers such as those which might be accorded an executive head of state in a command-government situation such as a major war.

Not would happen, mind. I don’t think anyone genuinely thinks Gerry Brownlee will decriminalise murder, approve mining across all schedule 4 land, enact wartime conscription or overrule the results of the forthcoming Supercity election. I don’t. But the point is (assuming Dean Knight knows what he’s talking about) that Brownlee can. Or will be able to tomorrow, until April 2012, which astute readers will note is a good half-year after the next general election must be held. There are no real checks or balances, much of the actions taken under this legislation are able to be taken in secret, and actions taken will not — at least on paper — be subject to judicial review. This means that we are relying on Gerry Brownlee to not be evil. But democracy doesn’t work on the honour system. It can’t. It doesn’t work on the basis that you give a government power in the hope that they use it legitimately; you give it power on the basis that you have the authority and ability to wrest it back from them if they misuse it, and on the assumption they will misuse it. The honour system is fine for bouquets being sold at the cemetery gates. It’s no basis upon which to run a country.

As I’ve often argued here and elsewhere, what sets liberal democracy, with all its failings, apart from authoritarian systems is the ability for the electorate to transfer power by the exercise of these sorts of checks and balances. Under orthodox authoritarian socialism for examplem — more or less the only form of socialism ever fully implemented on a nationwide scale, in the USSR and China, for instance — the transitional dictatorship is empowered with the sole authority and means to put down any such counter-revolution as might endanger the transition to genuine communism; and because of this, the dictatorship enjoys impunity. It has no reason to work in the interests of the people it purports to serve, inevitably becoming inefficient, corrupt and brutal. (Thus, the problem with socialism is authoritariansm which accompanies it, not so much the economic aspects, but that isn’t my point here).

The Canterbury Earthquake Response and Recovery Bill, of all the ridiculous things, brings into being the potential for just such a regime in New Zealand, and we can only hope it is not used to that effect. It is a colossal, hypervigilant overreach. And if any ill comes from this, Labour — and even the Greens and the māori party — will bear as much responsibility as National; they are all supporting it out of “unity”.

Where now are those who railed against the Electoral Finance Act, who speculated darkly that Helen Clark might not relinquish power after the election, or might suspend the operation of the free press; who shrieked about the Section 59 repeal; against ‘Nanny State’ and the illusory Stalinism of lightbulbs and shower heads, drink-drive limits and alcohol purchase ages and compulsory student union membership? Here the papers are being signed to dismantle robust constitutional democracy right under our very noses, and there’s barely a whimper.

(Updated to add Lyndon Hood’s fantastic image of Brownlee VIII, link to Campbell’s article, and tidy the post up a bit.)

L

Sleeping dogs

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22

Tim Watkin usually writes good sense, but with the latest post on gun control it’s clear he just doesn’t know his subject. Toughening gun control in NZ is basically a hiding to nothing, both in policy and in symbolic terms. It’s pointless for three main reasons:

  1. We already have pretty sane firearm laws and gun culture which regulate legitimate gun owners, and constrain the sorts of weapons most useful to criminals;
  2. As a country, we own a lot of guns, and they’re important to our way of life and identity, and this importance is the subject of bipartisan political consensus;
  3. We have very low rates of gun-related crime already, and any regulation which would be effective would be very costly, both in financial and political terms.

Just to preface this: I own a hunting rifle, and as a bit of a propaganda geek I’ve paid close attention to gun control as a matter of symbolic politics (alongside abortion, it’s a leading “touchstone” rhetorical issue in US domestic politics). I’ve been watching the way NZ is beginning to develop a (rather amateurish, but effective enough to not be laughable) US-modeled gun-ownership lobby with interest as well. But I’m not one of those “don’t tread on me” gun nuts who thinks bringing a loaded assault rifle to a town hall meeting is a core part of the democratic process. Owning a firearm is useful, but it’s not an absolute right — rather one which must be weighed against other consequences, including those which stem from arming communities. But I object to knee-jerk policy proposals which misoverestimate the problem, won’t solve it in any case, and will come at considerable cost.

What problem?
The most significant objection I have to Tim’s analysis is that he assumes gun crime is a serious enough problem to warrant harsh regulatory consideration; and seems to think that tackling it like the government has “tackled” knife crime is a sensible approach. I reckon both are suspect assumptions.

According to a UN survey from 2000 (the most recent I can easily access), 13% of our homicides (including attempts) were committed with a firearm, at an annual rate of 0.18 per hundred thousand population. That is a rate slightly higher than the UK (0.12 per hundred thousand, with much more strict firearm laws); just over half the rate of Australia (0.31, also with much more strict firearm laws, including a hugely expensive buyback programme undertaken in 1996 with the intention of solving the problem). I don’t think things have changed all that much; in 2009, the year of Jan Molenaar, the figure was 15% of our recorded murders (incl. attempts). You can use the Statistics NZ tools to get data here. You can also compare a bunch of countries’ rates here, but be sure to read the disclaimer. The bottom line is that we have extremely low gun crime rates by world standards, especially given that we have very high gun ownership rates. By far the highest proportion of gun-related deaths in NZ are suicides — I don’t have the numbers to hand but I recall it being above 70%. That’s a consideration, since suicides are usually committed with weapons of opportunity, and a firearm is particularly effective. But this is not the argument being made.

Knives are a much more serious problem, accounting for about twice as many homicides in NZ, and “other weapons” and “manual” which I assume includes unarmed homicides are also generally more common than firearm murders. The government has seen fit to “crack down” on knife crime by trying to prevent youths’ access to knives at the retail level using a voluntary code of practice. This is pure security theatre. Everyone credible knows it won’t make a blind bit of difference because kids don’t go and buy a knife from a shop, they just take one from the kitchen drawer or the toolbox in the garage. Firearms are already much more heavily regulated than this, and as a consequence people wanting one but who lack a license don’t roll into Hunting & Fishing and buy one — they get them illegally because we have no idea how many there are or who owns them (more on this later). So the comparison between guns and knives, while tempting, is bogus. Knife crime is much more serious than firearm crime, much less-heavily regulated, and the trivial additional regulation proposed won’t change anything — but it also won’t cost anything.

What guns?
Part of the reason gun crime is such a minor problem in NZ is due to our history and culture with guns, and in particular the fact that “personal defence” has never been a justification for firearm ownership. Tim also gets this wrong: citing “personal defence” as a reason for needing a firearms license will mean you get denied one, especially if you’re trying to apply for a restricted weapons license (which is the example he uses).

Excluding the post-settlement period, firearms in NZ have generally been conceptualised in law and culture as tools rather than weapons — for hunting, sport shooting, or the defence of the realm. Most in existence today are .22 calibre rabbit guns, or bolt-action ex-infantry rifles from the first and second world wars, passed down from father to son, or modern firearms based on near-identical designs, or shotguns designed for gamebird hunting. Partly due to length, partly due to action design and calibre, these are pretty useless for self-defence except for the appearance of threat and as clubs. By the same token, they are far from ideal for offensive use. Part of the reason criminals are rarely armed with firearms is because they are nearly impossible to conceal (which makes carrying or using them a riskier proposition than, say, a knife), and if sawn off below the regulation length of 30 inches, they are still not very convenient, and give police instant cause for book-throwing if discovered.

There are relatively few pistols or assault rifles in NZ, and those which are owned are very tightly controlled, with extremely high standards required of the owners. The NZ Police apparently operate a “sinking lid” policy on restricted weapons: to gain permission to import or produce one, you need to destroy another. This has driven the market price of such weapons through the roof, putting them out of the reach even of many legitimate collectors; although it must be said that the distinction between a “military-style” semi-auto and any other semi-auto is largely (not entirely) cosmetic, and one is no less deadly than the other. As the rather grim saying goes, the seven-round magazine restriction on an ordinary semi-auto centrefire rifle just means that if you want to kill more than eight people, you’ll need to reload.

Firearm licenses, especially those for restricted weapons like military-style semi-automatics and pistols, are issued at the discretion of an Arms Officer on the basis of the applicant being of “fit and proper” character. The threat of losing the license acts as a firm constraint on legitimate gun owners’ behaviour, with most hunters, collectors, etc. living in fear of having their license revoked. This constraint comes into force, for example, when deciding whether to keep a firearm for self-defence purposes in a country where most potential assailants, burglars, etc. are not themselves armed: if you happen to use it as such, you must then explain to your arms officer how come you had it handy, rather than locked up in its safe, with the bolt and ammunition separated. Most people comply to avoid this inconvenience, and because they know that the chances of a family member actually meeting a life-or-death situation are much higher with a loaded firearm lying around than otherwise.

In general (and again, I don’t have the figures to hand) the vast majority of gun crime in NZ is committed by people without a legal right to own or use a firearm in the first place (being not “fit and proper”). Jan Molenaar was just such a person, so using him as an exemplar of all that is wrong with the system is a bit misleading. It’s certainly an indictment on police procedure following the last shake-up of gun laws. Probably the biggest failure in our gun licensing regime is the lack of a registration system for specific firearms. It’s expensive, time-consuming and bureaucratic but would have been of some use had it been implemented when suggested by the Thorp report, even if just to draw a clear demarcation line between compliant and non-compliant owners. I think that horse has bolted now.

As for the matter of private internet sales of arms and ammunition — Tim clearly hasn’t used Trade Me for this purpose. It’s considerably more robust than any comparable method other than a brick-and-mortar shop (and many B&M shops use the same methods to sell nationwide). Anyone can view restricted auctions, but to bid or ask a question you need to enter your firearm license number. Repeated failure to do so (or entering made-up numbers) gets you blacklisted. If buying otherwise than by a face-to-face meeting, you are required to complete a form designated by the Police for this very purpose, and have it counter-signed by your local Arms Officer, who sights your license. The first step (needing to enter your number) prevents anyone without access to a license even bidding or making contact with a seller. This is probably the most effective safety mechanism in the system.

Sleeping Dogs
These are policy and cultural reasons which explain why trying to crack down on gun ownership in NZ is likely to be pointless. But Tim’s post was largely about the political aspects of the issue: the tension between the imperative to be Tough On Crime and the danger of getting tarred with the Nanny State brush. In symbolic terms, I reckon gun control is a loser for both of the major parties because, unlike the knife measure which is empty theatre, any meaningful changes to the gun ownership regime will come at a considerable costs. One important consideration with this is that in NZ (and Australia), unlike in the USA, gun control is seen as a matter of bipartisan consensus, with both National and Labour generally occupying the middle ground (and ACT and the Greens taking up the flanks). This means there’s little or no partisan advantage to be gained by either side.

The first of these costs is purely financial. A registration, licensing audit, inspection-reclassification or buyback scheme to remove firearms (or certain firearms) from circulation (or from the hands of those not “fit and proper”) is hugely expensive. The Australian Federal Government raised a special tax for the purpose and spent hundreds of millions of dollars on its buyback scheme, and even given the dramatic reduction in gun crime rates which resulted, it was generally seen to be wide-open for rorting. In New Zealand, with a much lower baseline level of gun crime, much less money and much more pressing law and order policy issues, this simply wouldn’t fly. Quite apart from the money, the drain on already-stretched police time would make a mockery of the government’s pledge to deliver resources to the front lines and away from the “bureaucrats”. And for all of that, it would still predominantly capture guns possessed by licensed owners: the “good guys” who, of all people, should retain their gun-owning privileges.

The second, and probably weightier cost is about the NZ identity. As I’ve argued before, wild places matter to us in identity terms. While most New Zealanders don’t own firearms, and never will, many more than the 250,000 who do like to think of themselves as potential outdoorsfolk who might go and shoot a possum and do their bit to save the rata. I don’t want to overstate this, though. Gun owners and hunters are viewed with considerable ambivalence by the general public, and with some cause. The gun lobby doesn’t do itself or the more reasonable branches of the sporting community any favours, and to a large extent they’re thought of in similar terms to Jan Molenaar and the various flavours of SHTF nutters.

But Nanny State also comes into this. Tim suggests that Labour couldn’t afford to do this for fear of strengthening the narrative established by the last term of the Clark government (I agree), but that National might just be able to get away with it. I disagree. Half of National’s support base are farmers or rural/semi-rural men of above-average income who are generally law-abiding and consider themselves responsible citizens in partnership with the authorities — of the view that the government “works for us”, rather than the view that the government is an agent of their oppression. (There are exceptions to this last, but mostly they vote for ACT and are thus irrelevant to this calculus.) This is almost exactly the same demographic which wants to be able to take care of his own rabbit problem and hunkers down in a cold maimai before dawn on the first weekend of winter for a laugh, and they greatly value the illusion that doing so is an inalienable right akin to that laid down by the Second Amendment. They tolerate (often with considerable reluctance) the existing licensing regime partly as a pragmatic solution to the social problem of crime, and partly because it accords them the status of being officially deemed “fit and proper”. But they will not tolerate further incursions on these privileges, and it is this demographic whom the gun lobby, with its US-imported “armed society is a polite society” rhetoric, is targeting using the present hysteria about violent crime as a springboard. These are the guys who already feel under threat from policies like the ETS, which prevents them from buying the V8, forcing them to settle for the V6.

This demographic might be the sort of people who could be persuaded to support tighter restrictions if there were a strong crime-reduction case to be made for it. But since there’s so little to gain, and since the existing regime is already at the margins of what is acceptable, National rouses these sleeping dogs and permits their radicalisation at its peril.

L

Let it burn

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At the head of a large army [Po-ts’ai] was besieging Ch’ang-she, which was held by Huang-fu Sung. The garrison was very small, and a general feeling of nervousness pervaded the ranks; so Huang-fu Sung called his officers together and said: “In war, there are various indirect methods of attack, and numbers do not count for everything. Now the rebels have pitched their camp in the midst of thick grass which will easily burn when the wind blows. If we set fire to it at night, they will be thrown into panic, and we can make a sortie and attack them on all sides at once, thus emulating the achievement of T’ien Tan.” That same evening, a strong breeze sprang up; so Huang-fu Sung instructed his soldiers to bind reeds together into torches and mount guard on the city walls, after which he sent out a band of daring men, who stealthily made their way through the lines and started the fire with loud shouts and yells. Simultaneously, a glare of light shot up from the city walls, and Huang-fu Sung, sounding his drums, led a rapid charge, which threw the rebels into confusion and put them to headlong flight.
— Sun Tzu, The Art of War, XII.9(4)

I can’t agree less with Grant Robertson’s, response to David Garrett’s latest bit of madness. He says he “doesn’t want to give further oxygen” to Garrett’s “extreme and appalling” views, but that’s exactly what they need: oxygen. At present both Rodney Hide and John Key probably want to forget the fact that Garrett is the ACT party’s Law and Order spokesperson, and that consequently there are no such things as his “personal views” on these topics which are separable from those of the party — he is the ACT party’s mouthpiece on such matters, and the government’s ally. We, the people who elected him and permitted Hide to assign him that role, are entitled to take these views seriously, examine them in the context of other things he has said and done, and the opposition’s job is to prevent anyone from forgetting what this man stands for, and how far his definition of “reasonable” is from that of the wider public. From now until he’s ejected from parliament, Garrett should not be able to show his face to the public without a graphic reminder of the fact that he think homosexuality is morally equivalent to paedophilia; that he favours policy (now implemented) which means more prisoners will suffer rape as a consequence of their punishment; and that he thinks poor brown parents should be sterilised. He must be required to either defend his views robustly, or forced to issue yet another humiliating public apology; and both ACT and the government must be required to defend their association with him, or forced to dissociate, demote or publicly censure him.

The instinct for the opposition to deny a topic like this the spotlight only makes political sense when the opposition is vulnerable on the issue; when they fear it could result in a populist backlash against them. Even then, the principles at stake mean a very strong backlash would be required to justify restraint on simple pragmatic grounds. There is no prospect of such a backlash in this case: as Grant says, the statement is “extreme and appalling”. Does Grant think his own sense of what is extreme and appalling differs so much from that of the electorate that they will not agree with him? The worst possible course of action for ACT and the government is to allow this topic to remain at the top of the political agenda for as long as possible. Failing to even try to keep it there shows a lack of political nerve on the part of the opposition; a continuation of the failed strategy employed prior to the election, which Key won in no small part because the very people who should be fighting against him bolstered his public image as a mild, simple, non-threatening chap. Genuine threats must be neither mocked or minimised; the “extreme and appalling” should not be laughed off or left unchallenged. This is the sort of weak-kneed liberal wimpishness and lack of rectitude which leads many voters to mistrust parties on the left, and cleave to parties and leaders whose convictions are firm and forthrightly held. The good and the just does not speak for itself, much as we might wish it would. It requires champions to stand for it, and evil truimphs when those champions fail to stand and fight.

To do so is not the “dirty” personalisation of politics: the character and views of a man who sits on the Law and Order select committee, and in the future could conceivably hold a warrant for Justice, Corrections or Police are perfectly legitimate matters for political debate, which speak both to his ability to represent the interests of New Zealanders and to the quality of the processes and people which allowed him to attain such a position.

The Garrett Solution, as I’ve argued elsewhere, contradicts almost everything the small-government right claims to stand for. After a decade of howling about “Nanny State in the bedroom” and “social engineering” we now see that their erstwhile objections to both these things were not principled, as they claimed, but were in fact just objections on the merits. Social engineering is wrong, they say, unless it’s at the genetic level. It’s also not new: this sort of thing was enthusiastically embraced during the last government by the more unhinged members of the extreme right, and now it has gone mainstream.

The topic of eugenics is the strongest symbolic matter introduced to the political sphere by any participant this term; it is a topic on which the right can only lose, and introduced by someone who is already vulnerable. The grass is high around the government’s camp, the fire is set by one of their own: now, if they are to gain an advantage, the opposition must fan the flames and beat the drums.

L

SLOPS

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10

Having been reminded of this excellent neologism by Dolan at Just Left, it’s occurred to me that a similar affliction can be seen among the denizens of the NZ blogosphere.

Now, there are certain wings of that ‘sphere which are well-known for their wingnuttery and general tendency to fly off the handle, and those I won’t dwell upon. But in the past week or so I’ve seen a couple of examples from sources of which I’d expect a bit more.

First, and most egregious, Tim Selwyn’s rabid attack on Christopher Pryde, the NZ lawyer who has taken the post of Fijian Attorney-General. I can’t excerpt most of it, but here’s one of the politer sections:

He deserves to be summarily executed and/or tortured in the same way other victims of the military have under the aegis of his protection – that is the fate he courts. Let that day come soon.

Perhaps Tim’s purpose is to try and finesse a gag lawsuit. Not to criticise the fundamental point Tim is making – that Pryde is an opportunistic illegal-dictatorship-supporting hack, a discredit to his profession and his country – but the degree of invective here is simply over the top. The point would have been better made in more measured tones; as it stands, the personal attacks detract from the real reasons for condemning him, and make Pryde look like the victim of a character assassination attempt.

Second, The Standard’s response to the offensive and moronic smear ‘Nanny State’ with an even more offensive and moronic smear, the ‘Stepfather State’ characterised as distant, violent, self-indulgent and misogynistic, which originated in a comment on Colin Espiner’s blog:

Stepfather State’s taken over.
Our new parent likes to keep his distance…he usually comes home after work at the office…but only for a quick bite to eat…he ignores the kids, yells at the Mrs and kicks the dog on the way out to the club to meet his business mates for a few bevvies…most nights he gets to ogle/grope the pole dancer…and then drives home a “bit p!ssed” (it’s his right you know)…then a quick grope with either the Mrs or himself and a zzzzzz…

This resulted in the commentariat falling over themselves to invent yet more offensive and moronic characterisations in a bizarre competition to see which side could be more bigoted. Worst offender, the usually-sensible vto:

Or a bit like the smaller step-brother, the maori party.
“Our new bro likes to get in your face…he has no work but comes home pissed…but only for some eggs…he ignores the bitch, yells at the other bitch and kicks the kids on the way back to the pub to meet his mates still more bevvies and some P…most nights he gets to ogle/grope the fat slag behind the bar…and then smashes some innocent person walking home, gets picked up by the pigs and ends up with his mates in the klink… no gropes of his missus now so has to play with himself, which comes naturally to him being a labour voter”

What the hell?

L