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Drone Warfare: Moral and Proportionate

1st February 2012

Here is my piece over at Commentator on Drone Warfare, beginning with exploding the tragic George Monbiot and proceeding thusly:

Not that long ago Europe’s parents and grandparents were being blown to bits in their tens of thousands by bombs simply dropped from planes in the general direction of the target. The sheer precision of modern weapons has saved countless more innocent lives caught up in armed conflict than, alas, still get taken.

One perverse result of this development is to give new life to Stalin’s reputed infamous observation that “the death of one man is a tragedy, the death of millions is a statistic”. Precisely because so few people are now killed in modern warfare, the numbers of those who die shrink to the point where individual deaths of unarmed civilians can be ‘personalised’, and attacks on specific military targets start to look more like ‘assassinations’ or common law murder than war. At what point can (or should) we start to think about war and the legal parameters of it completely differently?

...

The Guardianistas’ Monbiotish pronouncements on human solidarity and existential Gaian interconnectedness in, for example, the ‘climate change’ or development aid contexts seem to evaporate when it comes to defence questions. Yet the issues are exactly the same.

Just as the planet can be seen as a single organism worthy of collective respect, so too can the technical infrastructure which supports human life these days. No country in the world can survive in any meaningful sense without some reliance on the networks of real-life equipment (power-generators, communications cables, data storage computers) by which things get done and new inventions happen. Who protects those facilities?

Classic international law tells us that, in principle, it is for each state to protect those facilities sited on its own territory. But what if a state is too weak to do that, and/or allows terrorists and sophisticated criminals to use its territory as a base for plotting attacks on key installations in other countries?

If a country and its citizens want to enjoy the manifold benefits of belonging the modern global networked space, do they in turn have to accept an implicit obligation to take responsibility for defending those networks pro-actively and vigorously against those who, for whatever reason, want to wreck it? And if they can’t or won’t take the action needed to deal with such people, can they complain if other powers acting under a new version of the doctrine of collective self-defence step in to do that job instead?

Interventions need not be anything so crass as invading with huge numbers of soldiers. Rather the best available tools can be found to neutralise these threats from afar, including swarms of hi-tech drones that identify an enemy, watch the enemy’s movements to minimise the risks of collateral injuries – and pounce.

That sort of remote-controlled intervention in principle offers the most moral, controlled, restrained and proportionate expression of legitimate military self-defence the human race has ever seen. Which, of course, does not make it perfect or fool-proof. Or wise.

Several good comments - Commentator attracts a more, shall we say, thoughtful class of commenter than Daily Telegraph blogs.

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EU Summit - What Next?

1st February 2012

My piece about the latest Summit over at Daily Telegraph blogs is up, prompting the usual vivid comments from Daily Telegraph readers:

This piece by Crawford simply comes across as Civil Service gobbeldy-gook and demonstrates that he's no understanding of any of this. Is that why the Civil Service seem to be so utterly useless when negotiating with their counterparts in other EU countries ?

After all these years, after all these betrayals, after all the secret signings of treaties in darkened closets, after all the lies, the deceit, the obsequious kow towing and u-turns you and others STILL think it's down to ignorance, incompetence and cock up theory?

We often wonder why countries wish to join the Euro (beyond Dan Hannan’s point that the “club” is highly attractive to any country’s senior politicians). However, why are existing EZ countries so keen that other dissimilar and unconverged economies must share their currency. It’s like the Augean stable cleaner, up to his knees in the smelly stuff, inviting a fresh herd of elephant into a couple of vacant stalls.

Here's me:

The basic problem for the UK is that the tortuous manoeuvres required to keep the eurozone afloat can impact on us in different ways. In general it suits us if most of the rest of the European Union countries share a viable single currency. Plus if it crashed we would export less to the rest of Europe and end up worse off.

However, the point of the Prime Minister’s insistence (the "veto") that the rescue arrangements take place outside the existing EU Treaty structure was not about that. He wanted to try to establish some sort of legal firebreak, so that measures and norms aimed at propping up the eurozone could not automatically be applied to us if the Commission and/or European Parliament and/or European Court of Justice so decided.

Where are we now after the attempt by EU leaders to calm things down? In a murky but more or less tolerable position. The eurozoners must try to sort out their business via a new Treaty which is not part of the formal EU Treaty structure, albeit an expression of the "enhanced cooperation" provisions which those Treaties allow.

David Cameron has agreed to allow the European Court of Justice to support enforcement of the new Treaty’s rules (no doubt because he wants to help the eurozone reform itself, and any weak discipline is better than none). But quite how far – if at all – any ECJ decisions under that arrangement might (a) read across directly to EU Treaty interpretations, (b) to the UK’s disadvantage remains to be seen...

Plus I added a bit on Poland:

We peer at such EU Summits from our foggy offshore position. But spare a thought for the Poles, whose Foreign Minister Radek Sikorski delivered the mother of all pro-EU federalism speeches in Berlin back in November. The Poles are not yet in the eurozone but (under current management) insist they want to join it. Hence, question: how far should countries not yet in the eurozone but in the queue to join it have a say in eurozone reforms which will impact on them?

The problem here is that the more countries have such a say, the harder it becomes to get things agreed and implemented. Poland has the fastest growing EU economy but its total GDP represents only some 5% of the combined GDPs of the five largest eurozone members. So while the Germans and French will have welcomed the pro-EU noises coming from Warsaw, what they really need is Poland to be "realistic" about its weight in the greater scheme of tough decisions needed.

This explains why time-wasting new configurations for eurozone meetings have had to be agreed, to allow the 17 current eurozone countries to get on with it while trying to allow eurozone wannabes (led by Poland) some sort of input now and again. The Poles gloomily must accept that the key issues will be decided at 17, ie when they’re not there.

Conclusion?

The current core EU leaders are like those BUgs Bunny cartoon characters who reach the edge of the cliffs and keep striding determinedly out into thin air, only to realise in total panic that not much is supporting them. Their current efforts to flail their way back to solid ground are certainly impressive. But will they succeed?

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EU Summit - What Next?

1st February 2012

My piece about the latest Summit over at Daily Telegraph blogs is up, prompting the usual vivid comments from Daily Telegraph readers:

This piece by Crawford simply comes across as Civil Service gobbeldy-gook and demonstrates that he's no understanding of any of this. Is that why the Civil Service seem to be so utterly useless when negotiating with their counterparts in other EU countries ?

After all these years, after all these betrayals, after all the secret signings of treaties in darkened closets, after all the lies, the deceit, the obsequious kow towing and u-turns you and others STILL think it's down to ignorance, incompetence and cock up theory?

We often wonder why countries wish to join the Euro (beyond Dan Hannan’s point that the “club” is highly attractive to any country’s senior politicians). However, why are existing EZ countries so keen that other dissimilar and unconverged economies must share their currency. It’s like the Augean stable cleaner, up to his knees in the smelly stuff, inviting a fresh herd of elephant into a couple of vacant stalls.

Here's me:

The basic problem for the UK is that the tortuous manoeuvres required to keep the eurozone afloat can impact on us in different ways. In general it suits us if most of the rest of the European Union countries share a viable single currency. Plus if it crashed we would export less to the rest of Europe and end up worse off.

However, the point of the Prime Minister’s insistence (the "veto") that the rescue arrangements take place outside the existing EU Treaty structure was not about that. He wanted to try to establish some sort of legal firebreak, so that measures and norms aimed at propping up the eurozone could not automatically be applied to us if the Commission and/or European Parliament and/or European Court of Justice so decided.

Where are we now after the attempt by EU leaders to calm things down? In a murky but more or less tolerable position. The eurozoners must try to sort out their business via a new Treaty which is not part of the formal EU Treaty structure, albeit an expression of the "enhanced cooperation" provisions which those Treaties allow.

David Cameron has agreed to allow the European Court of Justice to support enforcement of the new Treaty’s rules (no doubt because he wants to help the eurozone reform itself, and any weak discipline is better than none). But quite how far – if at all – any ECJ decisions under that arrangement might (a) read across directly to EU Treaty interpretations, (b) to the UK’s disadvantage remains to be seen...

Plus I added a bit on Poland:

We peer at such EU Summits from our foggy offshore position. But spare a thought for the Poles, whose Foreign Minister Radek Sikorski delivered the mother of all pro-EU federalism speeches in Berlin back in November. The Poles are not yet in the eurozone but (under current management) insist they want to join it. Hence, question: how far should countries not yet in the eurozone but in the queue to join it have a say in eurozone reforms which will impact on them?

The problem here is that the more countries have such a say, the harder it becomes to get things agreed and implemented. Poland has the fastest growing EU economy but its total GDP represents only some 5% of the combined GDPs of the five largest eurozone members. So while the Germans and French will have welcomed the pro-EU noises coming from Warsaw, what they really need is Poland to be "realistic" about its weight in the greater scheme of tough decisions needed.

This explains why time-wasting new configurations for eurozone meetings have had to be agreed, to allow the 17 current eurozone countries to get on with it while trying to allow eurozone wannabes (led by Poland) some sort of input now and again. The Poles gloomily must accept that the key issues will be decided at 17, ie when they’re not there.

Conclusion?

The current core EU leaders are like those BUgs Bunny cartoon characters who reach the edge of the cliffs and keep striding determinedly out into thin air, only to realise in total panic that not much is supporting them. Their current efforts to flail their way back to solid ground are certainly impressive. But will they succeed?

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Libya and MI6 (again): Sir Mark Allen

31st January 2012

Craig Murray and I have a fleeting moment of agreement, rather like ships sailing in opposite directions who pass and exchange friendly waves.

He commented on my earlier piece about Libya and MI6, responding to another reader:

Your second point rests on the premiss that if government ministers approved something, then it was legal. That is simply not true. A previous government may have done something, and may even have briefed their successors about it. if it were illegal, nothing in that means it should not subsequently be the subject of criminal investigation. Theoretically, the current government has no role in either encouraging or stopping the criminal investigation - it is quite rightly a matter for the police and CPS.

However, a new development arises. Two Libyans are launching civil actions in the English courts against my old colleague and good friend Sir Mark Allen, over the circumstances under which they were subject to 'rendition' to Tripoli and subsequent abuse by the Gaddafi regime. The Guardian:

Saadi was detained in Hong Kong in 2004 and then forced on to a plane to Tripoli with his wife and four children in an operation that MI6 allegedly mounted in co-operation with Koussa, who was Gaddafi's intelligence chief at the time. Saadi says he suffered years of torture.

Belhaj was detained in Bangkok along with his pregnant wife after an MI6 tipoff and was allegedly tortured by American agents for several days before being flown to Tripoli, where he says he was tortured and detained for several years. His wife was detained for several months.

The issue here is not any claim that MI6/HMG engaged in torture. Rather it is that MI6/HMG are said to have been 'complicit' in torture in Libya of certain Libyans by certain other Libyans. Which raises the question: what does complicity mean?

Back in March 2010 in an earlier exchange with Craig I looked at precisely this question. Craig and other maximalists insist that even to possess information which is suspected as having come from torture amounts to 'complicity'. That position, as the House of Lords found in 2005, is incorrect as a matter of law (and common sense):

Very (very) broadly speaking, I conclude from this judgment that the the top legal body in the UK drew at least three important conclusions:

  • That it may be acceptable for the state's executive authorities to receive/acquire and use information which they know or think may have been derived from torture, if they believe that there is a clear public interest in doing so (eg saving lives)
  • But it is not acceptable for the judicial authorities (courts and tribunals) to hear and use such evidence in reaching conclusions directly affecting the rights of individuals
  • If seemingly well-founded allegations are made that evidence has been or may have been produced by torture, the court/tribunal has to consider most carefully how to deal with that evidence, but is not bound to conduct an exhaustive investigation of the origin of the evidence to reach a final view as that would just not be possible

These conclusions do not apply directly to the current emerging case, namely where HMG allegedly took action leading to Libyans being returned to Libya where they say they ended up being mistreated.

The problem here is that any secret 'rendition' by us or even a contribution to secret rendition by others is likely to have been endorsed by Ministers, either specifically or as a general rule. So to single out one civil servant for litigation is mischievous if not malevolent.

Second, the whole case turns on the idea that 'complicity' can be stretched far beyond any immediate link to maltreatment. Any abuse or torture was not committed by HMG or its officials. Is it really fair to make us legally responsible for horrors committed by others far away?

Even if you think that it is reasonable to do so on the moral level, you need to draw a line somewhere and say that the actions alleged were too 'remote' to amount to complicity. Under what principle should the line be drawn in specific cases? What balancing factors should be taken into account?

What if our attempts to bring under control Gaddafi's WMD have hit the rocks and it looks like we need to make some 'minor' concessions to Gaddafi's entourage to get things restarted? How do we even begin to weigh up the possibility of abuse of two individuals with the possible dangers to millions if the WMD are not secured asap? 

This leads us back to the core policy dilemma, namely how to deal with wicked regimes? Thus:

Above all, if you engage with dirty people, how to avoid some of their dirt ending up on you? The promise of Engagement is that it offers the hope of slowly but surely changing things for the better; the danger is that while you are doing that, the key leaders of the regime in fact get far richer and learn how to be oppressive in new, cleverer ways.

So in the Libya case. The stupid/wicked/naive Brits trained the Libyan security forces! Of course we did: if you want to set in motion a process of reform and enlightenment in such regressive institutions, what else to do?

Think about what this means in practice. If the Libyan secret police are known torturers, you will be training them while their torturing ways continue. Even if the total amount of Libyan torture declines sharply as a direct result of Libyans cleaning up their act during the wider normalisation process, your trainers in one way or the other will be helping a torturing regime be more efficient.

Yet without outside democratic engagement (and the high-level civilisational rewards which rightly flow to the regime for behaving in a less extreme way) the chances of reducing Libyan torture at all (and thereby opening some small new space for opposition trends) are hugely reduced...

This nasty, bleak, lonely policy and moral frontier was where Mark Allen and his colleagues were operating. If the way is opened to sue them for outcomes which were far from ideal if not awful, who is going to be ready to do this sort of fundamentally important work?

The issue here is simple. Not what the 'right' choice is when you are dealing with a regime like Gaddafi's. There isn't one.

Rather it is 'who decides?'.

We seem to be ending up in the absurd position that sanctimonious lawyers and unelected judges far from the operational and policy realities of such questions are seen as more 'responsible' than elected politicians and civil servants who are elected to do our dirty work while operating to arguably the highest standards of public probity in human history.

Yes, judges have the benefit of detachment. And yes, Ministers and officials can get so wrapped up in what they are doing that serious errors get made. But this is one where the best people to judge are voters, not lawyers.

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How to Chair a Meeting

30th January 2012

Long time no write. Somewhere between Writer's Block and despair at the surging stupidity seen in all directions. Plus nursing my aching ankle and visiting Liechtenstein on a new ADRg Ambassadors training expedition.

The roleplays in Liechtenstein included a couple of exercises where chairing a meeting was part of the skill. The great thing about delivering training is that you think - perhaps for the first time ever - about why you do what you do, and what works (or not).

Thus chairing a meeting.

The smart way to get results is to define the issues in a positive, light-touch style right at the start, thereby (in effect) ruling various options in, but also implicitly ruling some out. If this is done well, the chair can shape the way the participants themselves look at what is happening.

A good way to start is to say in a very few words what the meeting needs to achieve - and why that achievement matters (obliquely flattering the others present). Then you try to sum up in literally a few words what the key issues are:

Can we agree up front that we need to sort out three things today?

First, Money - how much are we all prepared to put in to the new projects?

Second, Balance - how to divide the available resources between the different priorities. The tricky problem here is the fact that it is much easier to get anything done in country X, but the needs in country Y are much greater.

And third, Leadership. Who will be the figurehead of the project as a whole, and who will have the lead operational responsibility?

Some of the participants may want to add another element (say Urgency, or Security, or Other Partners). Fine. The advantage of the chair spelling out in such simple terms the core questions is that it makes it easier for others to frame/articulate their own concerns in a similarly direct way.

Another skill of a good chair is 'pocketing progress'. If someone makes a concession, go out of the way to say that that move is welcome/helpful. Having done that, be careful about seeking clarification on points of detail: that may give the person concerned the opportunity to backtrack.

Don't ignore 'good listening' skills. Copious notes should not be taken by the chair. The chair should be adept at 'reframing' what a participant has said, again subtly steering the conversation in a helpful and constructive/consensual direction and recalling the key words used at the start:

I think what I'm hearing from you is a willingness to be flexible on Money in return for a greater share in the Leadership. Is that a fair summary? 

Also reflect back their 'intensity'. If someone is getting agitated, a good chair should not sit back and smirk but rather show by body language and tone of voice that that person's opinions are being heard:

It's clear that you're very unhappy with how we are tackling Balance. Has anyone any suggestions for how those concerns might be met?

The plan, in other words, is to build a momentum of general goodwill and cooperation, then - having got everyone in some sort of positive frame of mind - start to nail down more controversial details.

All much easier said than done. See eg the skills needed to chair an EU Summit meeting on a new Eurozone Treaty when things get really difficult.

 

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Soft Centres

17th January 2012

Here is my new Daily Telegraph blog piece comparing the problems of the Eurozone with the fates of the USSR and former Yugoslavia.

In those two cases (but for very different reasons) the Centre had became the problem and duly crashed, whereas in the case of the Eurozone the majority of EU states are struggling to hold the Centre (ie Eurozone) together, even at stunning cost.

This one even has added Literature:

Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.

You know the sinking feeling when you hear some precious moments of music from Mozart or Shostakovich used to support a TV ad or, horror of horrors, served up in a lift as "background music". Beauty has been melted down, turned into a trinket of cliché.

This has happened to the famous poem The Second Coming by W B Yeats. So vivid is the imagery and somehow so suited to our dismal times, his great lines pop up all over the place and start to sound trite.

But you have to applaud Mr Yeats’s prescience in sharing with us his poetic yet trenchant thoughts on the eurozone, and in particular the idea that “the centre cannot hold". Indeed, some people are now wondering whether the eurozone will go the same way as the Soviet Union or even the former Yugoslavia, and abruptly disintegrate...

... The problem is that keeping the Centre going also incurs unfathomable costs. EU capitals squabble furiously as they try to distribute these costs away from themselves and on to all the others. The world's markets observe this unseemly spectacle and conclude that they might be wise to call for higher interest rates to park their money in such a neurotic economic space.

No one can tell how this drama will play itself out. It's all very well the eurozone's leaders demanding that the EU Centre be held at almost any cost. Those costs are being dumped on European taxpayers who, sooner or later, are likely to insist that enough is enough. Then what?

While you’re mulling over that question, read this scarifying account of Greece’s looming deadlines. Then run out to buy tinned food.

What rough beast, its hour come round at last,
Slouches towards Brussels to be born?

Note the post-modern irony (mis)use of the word scarifying.

In due course I'll need to share thoughts on the lessons of the break-up of the USSR for Scottish independence (or not).

In the meantime, I need to recover form two hours of blather from a suave, persistent but ultimately unsuccessful solar panels salesman.

 

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What's the Eurozone Crisis Really All About?

15th January 2012

Part of the problem facing the Eurozoners as they struggle to convince global markets that all is under control so DON'T PANIC is identifying what exactly is the issue which needs solving. After all, they might make a bad situation worse by misdiagnosing what needs to be done.

Views on this differ. In the interests of fair play, here is a studious article (pdf) by C Fred Bergsten and Jacob Funk Kirkegaard which argues that the Eurozone is heading for the right outcome (ie 'comprehensive economic and monetary union') by the crafty ploy of (in effect) eliminating all the wrong ones:

It is imperative to understand that it is not the primary purpose of the ECB, as a political actor, to end market anxieties and thus the euro area crisis as soon as possible. It is instead focused on achieving its priority goals of getting government leaders to fundamentally reform the euro area institutions and structurally overhaul many euro area economies.

Frankfurt cannot directly compel democratically elected European leaders to comply with its wishes but it can refuse to implement a “crisis bazooka” and thereby permit the euro area crisis to continue to put pressure on them to act. A famous American politician has said that “no crisis should be wasted” and the ECB is implementing such a strategy resolutely.

The authors point out that because there is no willingness to allow centralised EU-wide taxation, other arrangements are needed and are edging towards being created, albeit by different EU leaders playing dangerous games of bluff to help get the best deal for their corner:

The reality in the euro area is that, for the foreseeable future and unlike in the United States, the overwhelming majority of government taxation and spending will continue to reside at the member state level for reasons of political legitimacy. Only a minor part will be pooled at the supra-national level. Restricting this spending via a new fiscal compact is consequently the only pragmatic route for now, leaving other aspects of euro area fiscal integration to the future...

The Eurozoners are having to look to the IMF for huge support. But that's OK:

Euro area governments will have successfully shifted part of the costs of any future financial rescues onto the rest of the world. The rest of the world will of course extract a suitable price from the euro area for this service in the form of European political concessions in other policy areas. This could, for instance, be a good time to demand that the euro area consolidate its representation on the IMF board to a single seat and accelerate the transfer of its quota shares to the financially contributing emerging markets...

Basically, their argument goes, they'll have to do what it takes to keep the Eurozone afloat as all the alternatives are far worse. And the record so far shows that despite all the uncertainty and some poor decisions along the way, the trend is in that direction. 

Read the piece as a whole. If you are a non-expert, it makes an impressive case.

So far so optimistic.

Then there's John Mauldin of Thoughts from the Frontline, whose wonderful economics newsletters are free. Here are some of his latest observations:

For most of the past two years, European leaders have tried to deal with the problems as though they were short-term liquidity problems: "If we just find the money to buy some more Greek bonds, then Greece can figure out how to solve its problems and then pay us back. Given enough time, the problem can get solved."

They have now arrived at the understanding that it this not a short-term problem. Rather, it's a solvency problem of the various governments, which of course creates a solvency problem for their banks. They are now addressing the problem of solvency and providing capital until such time as certain countries can get their budgets under control and the bond market sees fit to provide the capital they need.

But they are completely ignoring the third and largest problem, and that is massive trade imbalances. Germany exports products to the peripheral European countries, which run trade deficits. As I have shown in several letters, a country cannot reduce private-sector leverage, reduce public-sector leverage and deficits (balance its budget), and run a trade deficit all at the same time. That is simple, unavoidable math, based on 400 years of accounting understanding. Ultimately, there must be a trade surplus if leverage and debt are to be reduced...

Greece cannot print its own money, so unless it leaves the Eurozone, it's stuck. They can default on their debt, but that means they are shut out of the bond market for some period of time. That would force them to make the spending cuts they are now resisting, as they would simply not have enough money to pay their bills.

Even with a 100% haircut they're looking at a shorter but very real depression. And because no one will sell them products they need, like energy and food and medicine, unless they can sell or trade something in return (that trade-deficit problem), they will be forced to change their lifestyles. Wages must drop or productivity rise to be competitive with northern Europe. And that differential is about 30%. I am not certain, as I have not been to Greece in a long time, but my bet is, you won't find many Greeks who think they are overpaid by 30%.

But that is what the market is going to say. And that is the third problem, which Europe is not addressing. Germany and the northern tier are simply more productive than the Southern periphery. (With the possible exception of Northern Italy, but Italy all gets lumped together, which is why many Northern Italians want to be their own country and not have to pay taxes that go to Southern Italy. I am not taking sides, just observing what we read in the papers.) Until Germany consumes more from the peripheral countries or the peripheral countries become more productive, the imbalance will not allow a positive solution...

Sign up to his work to get regular bracing top-ups.

So there it is. Two contrasting styles of beautiful writing, and two very different and clever/informed views on what is happening.

The two views of course may be compatible. A stronger and even coherent Eurozone may emerge from this fiasco - if some countries whose debts are simply unmanageable are paid off to leave it?

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Libya and MI6

15th January 2012

As you all know, I happen to be a fan of what the Blair government and MI6 did to help bring Gaddafi back towards what passes for the mainstream of civilisation in that part of the world, by helping negotiate the end of his elaborate MWD programmes in return for 'normalisation'.

But did MI6 go beyond some sort of unspoken and perhaps not obvious line by getting a bit too close to the Gaddafi regime thereafter? To the point of helping hand over to Libya some regime opponents, either suspecting that they might be mistreated back in Tripoli, or not bothering to think about that too much?

I have no idea. But a new wearying police investigation begins.

Something about all this is not quite right. Above all, I find it hard to imagine a pretty far-reaching step like that being taken without some sort of explicit political clearance. So when are the police going to start rummaging through the papers submitted to T Blair, J Straw and other Labour politicians leading or close to the policy at the time? 

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Discretion in Public Services

8th January 2012

Here at Commentator are my vivid thoughts on the way The Rules drive out common sense discretion in public services in general, and at Leeds Crown Court in particular:

Stop right there, Mr Ambassador! What would happen if the Embassy in Warsaw went out of its way at a senior level to help this one hapless citizen? That would set a precedent for the whole network -- word would get around that one person in Poland had had a lot of active support from the Embassy and the Ambassador personally, and everyone else would expect the same! Worse, it could even be a breach of their Human Rights if they did not get it!

... So there it is. After years if not decades of Citizen's Charters and all sorts of official Mission Statements, Objectives, Targets and goodness knows what other noisily proclaimed expensive initiatives intended to make public servants helpful and responsive to the public, this forlorn group of public servants were bent on driving a few taxpayers and citizens out into a howling rainstorm for no reason other than the fact that The Rules appeared to require it.

The point?

The standardisation of public service needed to deliver what, as far as possible, counts as equality of treatment for all can be achieved only by deliberately excluding competition and any serious incentives to improve services.

Those people at any level of public service finding a clear case for common sense and discretion which somehow goes against The Rules risk getting into trouble (or think they do).

And in such an uncompetitive, neurotic context The Rules breed like crazy, as we see in English education where the state's instructions to schools now run into hundreds of pages and have catastrophic results.

Outcomes deteriorate. Dumbed down stupidity and officiousness result. Confidence in the state erodes. 

But as the Leeds episode shows, the public can fight back. When confronted with an obviously insane decision, politely insist that those concerned use their discretion or demand to see where The Rules say that no such discretion exists.

The officials concerned are visibly rattled by the thought that maybe, just maybe, The Rules in fact allow them to think.

Civil servants! If you have any examples of this working against good practice, just send them in. Key thing: do you think your hierarchy will support you if you do the smart thing, even if it goes against established procedure?

 

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Diplomatic Media Technique

30th December 2011

Here is my latest article at DIPLOMAT magazine on the ever-fascinating question of diplomatic and wider media technique in a confusing new world:

Once upon a time diplomats were rarely seen or heard in public. To do their vital work of privately communicating messages between national leaders they needed to be discreet, anonymous, detached, aloof, rarefied. In a word, invisible.

When I joined the Foreign Office in 1979 the rules on such things were clear and strict. UK-based diplomats would never appear in the British media: that was what Ministers were expected (and wanted) to do. Overseas it was slightly different. British diplomats had some discretion to respond to foreign media requests for interviews and statements, but when in doubt, they should check with the FCO News Department in London. No Foreign Minister wanted to have their breakfast ruined by opening the newspaper to find a sensational report of something unexpected or unwelcome proclaimed by an FCO official overseas.

Back then these limitations on diplomatic media appearances made sense: the media themselves were restricted. In Britain and elsewhere there were a tiny number of TV stations and relatively few newspapers. Official foreign policy pronouncements could – and should – be rationed accordingly to keep everything at a suitable level of sobriety.

This all changed. Along came new technology, CNN, the internet, Twitter and Facebook, a proliferation of TV channels available across the planet at any time of day or night, digital radio, blogging. A Tower of Babel. A tsunami of noisy words, comment, pseudo-analysis and even, now and again, some facts. The media are increasingly no longer something separate or ‘above’ the general public. The media are the general public.

Or the general public are the media...

With added free media presentation tips for getting messages out in this hubbub:

One basic lesson came through loud and clear when I trained new FCO diplomats. In a mock interview, one had to act the role of a British spokesman, the other an American spokesman. The young man tasked to pretend to be American was nervous. Yet when we played back the video, he was far more effective. In his nervousness he had said very little, but what he had said came across on the screen as conveying toughness and determination. By contrast his colleague who played the British spokesman had been relaxed and cheerful. Much too relaxed and cheerful: he came across as friendly but frivolous.

My heartfelt advice to any diplomat facing a TV or radio interview? Have only one or two (maximum three) points to get across. Sound positive and firm! Don’t feel obliged to answer the question: simply use the question as the springboard for conveying your core points, then stop.

Above all, keep it simple. The more you say – and above all the more you try to be clever – the more you open yourself up to a devastating jibe from the interviewer. Oh, and when the interview ends remember that the cameras may still be filming you until you’ve left the studio…

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That EU Summit - in Full

10th December 2011

To pass the time and take my mind off my bright blue foot, I have done a couple of quickies for the Telegraph Blog site where there has been a lot of energetic stuff about the EU Summit and all that.

Thus yesterday:

We awoke this morning to various commentators and Twitteristas bewailing the fact that British intransigence has left the UK “isolated". This ridiculous assertion needs to be knocked on the head, once and for all.

If “isolated" means staying well clear of the clumsy and ultimately undemocratic eurozone project, that’s a damn good place to be. The measures needed to prop up the eurozone involve intrusive inspection of national financial affairs by Brussels and other changes (such as harmonising tax rates) which necessarily amount to surrendering national sovereignty to EU HQ. Without the protocol he demanded, David Cameron could not have stood up in the House of Commons and honourably told the British people that the UK would be spared that.

In fact, even with that protocol there would have been in serious risk of eurozone “mission creep" in legal terms had the Lisbon Trinity route been used. Not that that risk has gone away even with the proposed new treaty outside the existing Treaty structure, but it is arguably for now rather more manageable.

Now what?

The proposed new arrangements for the eurozone would have been good had they been introduced right from the start. It is not clear how far if at all they will satisfy the planet’s markets and investors now. The crisis is set to drag on.

More generally, the whole European integration ambition looks like a nervous tightrope walker wobbling more and more severely with each new step. The contortions needed to stay balanced are impressive but grotesque.

And today:

As the sheer scale of the new requirements expected in the new treaty become clear – intrusive Brussels inspection of national budgets, balanced budget constitutional provisions and so on – bits will start to fall off the bandwagon. Different local factions will demand some or other political price for conceding their support to these radical changes. Public opinion will be aroused, with demands for referenda here or there. And so on.

The best thing about writing for a national newspaper's website is the giddy delirium of the many comments one attracts, for and against. Many people seem unable to understand what one writes, or miss the self-indulgent witty touches completely, or assume that because I am an ex-Ambassador I a priori am a pompous Sir Humphrey type living on a vast pension blah blah blah.

Therefore you get stuff like this:

Charles Crawford - a breath of fresh air. I bet you don't get many invitations to opine on the BBC!

For the first time, I actually have to agree with much of Mr Crawford has to say. Perhaps he could offer his expertise of the break up of the former Soviet Union during his time in the FCO, for the government for Britain's withdrawal from the EUSSR?

Magisterial and wise as one would expect from a 'Sir Humphrey' enjoying his astronomically high pension at our expense...It's rather majestic when the British Establishment makes a 'fleet turn'; all those wonderful old ships of the line coming round. The trouble is that they need an awful lot of sea room and they already got much too close to a lee shore.

Whatever leads Crawford to the conclusion that an 'amicable separation' is on the books? Why wouldn't our former partners just screw us to the floor as much as they are able? What is the USP that would stop them, if they ever climb out of the mire where they are?

Thank you Charles for your explanation, especially posting the speech by Howe.  Incredible how the same old arguments are being trotted out by the same old europhiles ignoring the twenty year interim where *nothing* turned out as predicted.  And all the guff about influence--what influence?  Although we have wasted a lot of treasure on the european experiment and the most worrisome aspect of our economic outlook is our closeness to the european economic (disaster) zone.

Dave has done more u-turns than a boy racer, so will have no problem with one on this matter.
Has to be said, Chas is a definite Rolls Royce blogger. Maybe he could get a job as Foreign Secretary, if he was quickly ennobled.

Walked the dogs earlier - a bit cold but a nice day for it. Notably, no-one from Antwerp, Lower-Saxony, Tuscany or Valencia stopped me for a chat.Looks like the isolation has started to bite

You, sir, sound like a traitor and should be treated as such. I am thinking naked, tar, feathers, high street parade, but maybe this would infringe one or two paragraphs in the EU human rights chapter, or whatever. You display all the characteristics of an aparatchik who forgot that you are/were a servant of the people and in your generous loftiness are throwing some crumbles of your superior intellect to the benighted masses.  

That last one hits it bang on the nose.

Anyway, my second one linked to this excellent Economist piece offering a detailed account of what the UK Prime Minister wanted and why he did not get it. Well worth a read if you want to look at some hard-core analysis and not a lot of heated knowledge-free opinion.

What does it all boil down to?

Not enough, if the main aim is to stop the Eurozone failing horribly as the planet's investors think we've all gone mad and draw their money out of the system.

But maybe just enough (for now) if you want to get re-elected as President of France?

Do global investors see this blood-stained arena as a sensible place to park their hard-earned money? No.

While the self-absorbed British commentariat divides into Europhile/Europhobe factions like Bertie Wooster's aunt mastodons bellowing at each other across a primaeval swamp, the real story is that the Summit did not do anything serious to tackle the eurozone's acute credibility problem.

Why did it not do more? Because top European opinion is completely divided on existential questions to do with the moral hazard involved in different eurozone rescue plans. And because step-by-step Europe's leaders have set up structures of such intricacy and complexity that it is next to impossible to identify what needs to be fixed, and then muster the practical agreement to do the fixing.

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Poland's Best Ever Speech?

28th November 2011

Here in powerful fluent form is Polish Foreign Minister Radek Sikorski, speaking today in Berlin about Europe and the Eurozone.

If anyone can find a better peacetime speech by any Polish Foreign Minister or any Polish politician ever, let it be produced!

Not that it is perfect. Too many rather impenetrable statistics at various point. Some sentences are too long or involved.

He even - horror - takes a populist swipe at the UK (bear in mind the German audience and his own credentials as an Oxford graduate), after saying something important about 'subsidiarity'. Note how he abruptly switches to talking to the UK in the second person, as if we were in the room. Fine technique:

The more power and legitimacy we give to federal institutions, the more secure

member states should feel that certain prerogatives, everything to do with national

identity, culture, religion, lifestyle, public morals, and rates of income, corporate and

VAT taxes, should forever remain in the purview of states. Our unity can survive

different working hours or different family law in different countries.

Which brings me to the issue of whether an important member, Britain, can support reform. You have given the Union its common language. The Single Market was largely your brilliant idea. A British commissioner runs our diplomacy. You could lead Europe on defence. You are an indispensable link across the Atlantic.

On the other hand, Eurozone’s collapse would hugely harm your economy. Also, your total sovereign, corporate and household debt exceeds 400% of GDP. Are you sure markets will always favour you? We would prefer you in, but if you can’t join, please allow us to forge ahead. And please start explaining to your people that European decisions are not Brussels’ diktats but results of agreements in which you freely participate.

Fine, forge 'ahead' as you see fit. But pay for it yourselves. Don't expect too much British money if you overdo it. And don't try taxing us by the back door.

Nor is it easy to see from an admittedly befogged UK point of view how giving a turbo-boost to more powers at the European level as Sikorski suggests is in any meaningful way compatible with democracy as hitherto understood. More power to ... the European Parliament? No thanks. (Remember that one? Follow the link to see a German TV station doing a very early job to magnificent effect...)

Above all, isn't a wholesale reorganisation of  EU powers lunging in a Far More Europe way as Sikorski suggests completely unrealistic? How to negotiate a new treaty structure of such far-reaching new measures without the whole business getting bogged down in referenda and hopeless controversy? It's not by chance we have what we have. And German voters would have to be mad to allow other Europeans effectively to decide how much German money is transferred out of Germany for wider redistributive purposes.

Nonetheless, if you want to hear the message for More Europe delivered by a European foreign minister in a way calculated to impress an audience from another large member state, this is what it looks like.

This one passage - directed directly at Germany - is really good by any standard. Energetic and thoughtful, but also refeshingly blunt. An authentic contemporary rhetorical masterclass in delivering a tough message ("Listen, you helped get us all into this mess..!") to a foreign audience in their own country with style and grace.

Oh, but note too the hard-nosed Polish caveat tucked away at the end:

What does Poland ask of Germany?

We ask, first of all, that Germany admits that she is the biggest beneficiary of the current arrangements and therefore that she has the biggest obligation to make them sustainable.

Second, as you know best, you are not an innocent victim of others’ profligacy. You, who should have known better, have also broken the Growth and Stability Pact and your banks also recklessly bought risky bonds.

Third, because investors have been selling the bonds of exposed countries and flying to safety, your borrowing costs have been lower than they would have been in normal times.

Fourth, if your neighbours’ economies stall or implode, you greatly suffer, too.

Fifth, that despite your understandable aversion to inflation, you appreciate that the danger of collapse is now a much bigger threat.

Sixth, that because of your size and your history you have a special responsibility to preserve peace and democracy on the continent. Jurgen Habermas has wisely said that "If the European project fails, then there is the question of how long it will take to reach the status quo again. Remember the German Revolution of 1848: When it failed, it took us 100 years to regain the same level of democracy as before."

What, as Poland’s foreign minister, do I regard as the biggest threat to the security and prosperity of Poland today, on 28th November 2011? It’s not terrorism, it’s not the Taliban, and it’s certainly not German tanks. It’s not even Russian missiles which President Medvedev has just threatened to deploy on the EU’s border.

The biggest threat to the security and prosperity of Poland would be the collapse of the Euro zone. And I demand of Germany that, for your own sake and for ours, you help it survive and prosper. You know full well that nobody else can do it.

I will probably be first Polish foreign minister in history to say so, but here it is: I fear German power less than I am beginning to fear German inactivity.

You have become Europe’s indispensable nation. You may not fail to lead. Not dominate, but to lead in reform. Provided you include us in decision-making, Poland will support you.

I like various Sikorskiesque personal style-touches, such as this feline one:

The Euro zone crisis is a more dramatic manifestation of the European malaise because

its founders created a system in which each of its members has the capacity to bring it

down, with appalling costs to themselves and the entire neighborhood.

 

The break up would be a crisis of apocalyptic proportions beyond our financial system.

Once the logic of ‘each man for himself’ takes hold, can we really trust everyone to act

communitarian and resist the temptation to settle scores in other areas, such as trade?

 

Would you really bet the house on the proposition that if the Euro zone breaks up, the

single market, the cornerstone of the European Union, will definitely survive? After all,

messy divorces are more frequent than amicable ones. I have heard of a case in

California in which a couple spent $100,000 disputing custody of the family cat.

And he ends on a note which somehow captures Radek Sikorski's own swashbuckling approach to life:

Peoples in our neighborhood – both East and South – look to us for inspiration.

If we get our act together we can become a proper superpower. In an equal partnership with the United States, we can preserve the power, prosperity and leadership of the West.

But we are standing on the edge of a precipice. This is the scariest moment of my ministerial life but therefore also the most sublime. Future generations will judge us by what we do, or fail to do

Sublime! And sublime because it's scary!? What's he doing standing tall in the howling gale, right on the edge of that precipice, ignoring all the Health and Safety signs put up by Brussels?

What a word to describe being a European foreign minister at a time like this.

Bravo.

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Why Kosovo Still Matters

24th November 2011

Former FCO Minister Denis MacShane MP has written a small but energetic book praising Kosovo's independence: Why Kosovo Still Matters (sic).

Here it is, a perfect Christmas stocking-filler, the more perfect if bought via this link so that I get a few groats from Amazon: 

The main interest of the book for you folk lies in the more or less contemporaneous Ministerial diary extracts from Denis as he visited various Balkan capitals and attended international gatherings where Kosovo/Serbia was being discussed.

There is a walk-on role by Keith Vaz MP, briefly the Minister responsible for Balkan policy, whose modest knowledge of the subject was exposed back in 2001 when he and I had to give evidence to the House of Commons Foreign Affairs Committee:

We find it deeply regrettable that Mr Vaz, the FCO minister responsible for south-east Europe, has not visited the area ... His evidence session with us did not reveal a detailed grasp of the policy issues which the area faces. As the Minister told us, and we know ourselves, the situation in the Balkans is "very complex and very difficult"...

It has to be said that the Committee had a point.

Mr Vaz's eloquent but somewhat insubstantial replies to their many questions were a truly fine example of talking a lot and saying  ... nothing.

In Denis' book too Keith Vaz blandly reveals his insightful approach. During a session of briefing by FCO officials on the complexity of the Kosovo problem, he asks:

"Can somebody just draw me a little map and show me where Kosovo is?"

The main interest of the book for me is ... me. I appear wittily or not at various points, but this line caught my special eye:

"... Charles Crawford, one of the most whizzing catherine wheels of a politically astute ambassador that we have"

*blushes prettily*

The book also records accurately enough one amazing moment in April 2002 when then Foreign Secretary Jack Straw chaired a discussion about Balkan policy.

Paddy Ashdown (then High Representative in Bosnia) had nobbled PM Tony Blair to argue against drawing down UK forces too far in Bosnia while maintaining a sizeable UK military presence in Kosovo. The Foreign Secretary asked officials where we all thought the main UK military effort should now focus:

Charles Crawford, the sharp but rather cocky Ambassador in Belgrade, says that we should stay in Bosnia and that Kosovo should be persuaded to stay in a loose federation with Serbia and Montenegro.

The arguments about where UK troops made most impact on the ground and where the main threat to the region's security lay went round and round the table. Finally, as he describes in the book, Denis proposed a vote. And before anyone could question his sanity he quickly had torn up a piece of paper and handed round slips for voting: B for Bosnia, K for Kosovo.

We voted. The votes were counted by Denis. 10 - 5 for focusing on Kosovo. I voted for a heavier UK military presence in Kosovo (of course), even though the book suggests that the opposite was my view.

Denis' case therefore won the argument:

Thus, British foreign policy is made

Hmm. The exception, not the rule, I think.

Otherwise the text is a gay romp through the politics of the Balkans over a thousand years and the latest decades of convulsion, with no opportunity spared to extol the Kosovans and cast Serbs in general and most UK Conservatives in particular in a bad light.

In other words, a typical MacShanian production. Top quality insider gossip, lively, sometimes irreverent, impossibly light, blithely tendentious. And with handy insights. I especially liked the way he linked the events in 1980s' Yugoslavia to the Solidarity pressures in Poland - important to recall that there was a wider European anti-communist context to the issue.

It's also noteworthy that he does not (now) dismiss out of hand the idea of some sort of small territory swaps as part of an historic deal between Belgrade and Pristina, an idea whose time may yet come.

The main problem with the book, apart from myriad other problems, is that it does far too little justice (in fact none at all) to the significant arguments of the Russians and others about the inadmissibility of border changes in Europe "without the consent of all concerned" as per the Helsinki Accords.

Because, Minister, foreign policy is all about balancing realities against principles and rules.

And for all the merits of the Kosovans' claims against Belgrade, is it really such a good outcome for the UK and the world - and even for Kosovo - that international opinion has ended up so divided in a way which shows that deeper Western policy on this subject has spectacularly failed to be convincing (ie Russia, China, India, Brazil, S Africa and many other non-Western big hitters firmly not recognising Kosovo independence on principle)?

Anyway, did I say buy it via the Amazon link above? Go on. You know you want to.

But better not if you're a Serb.

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Climate Change Corruption: Proof!

3rd November 2011

We mere taxpayers suspect in our dark hearts that a formidable industry has grown up around the 'climate change' issue, with all sorts of organisations big and small depending on state handouts to survive, and so frothing up the climate issue regardless of the facts to make sure that those handouts keep on rollin'.

Today I was giving my views on the Diplomacy of Climate Change to one such NGO, pointing them in the direction of my website and such gems as this and especially this:

It of course all depends on the precise questions being asked.

Does human activity have an impact on the planet?  Of course.

Is it easy to measure that impact?  To a degree yes, but only over the relatively short term.

Does the climate change naturally anyway?  Of course. It would be impossible to imagine a world in which it didn't. It probably would be dead.

So how do we measure what changes are caused by Man, and which are occurring anyway?  Ah, now you're talking. Very difficult, the more so if you look at longer timescales.

If it turns out that human activity is affecting the planet, are the effects good or bad?  Some must be bad (eg if we eat every fish, no more fish). But again, it depends on what timescale you choose to use - what is Bad over (say) a century may turn out to be Good over a longer period. Thus the Industrial Revolution poured out nasty pollution (and still does) but it opened the way to far more economical use of natural resources now and into the future.

Is it better to act now to stop future bad outcomes?  This is the heart of it. We can't be sure what will be bad outcomes and what will be good ones. So it may well not be wise to overinvest now in vast inflexible and expensive schemes to 'prevent' climate change. Better (in my view) to spend money as we go, adapting to the effects of changes as they unfold over time.

So are you saying do nothing now?!  No. Energy-saving ideas and generally being less wasteful look to make sense. There will be a role for government in advancing those. But the main impetus must come from market forces and human ingenuity. Where else? Huge collectivist schemes are unlikely to be wise or sustainable in terms of popular support - we just do not know enough about Cause and Effect over the timescales concerned.

But what about all the scientific evidence?  Hmm. In the past thirty years 'scientists' have veered between warning of a new Ice Age to warning about Global Warming to (now) warning about Climate Change in any and all directions. Not very persuasive? 

Don't you care about future generations?  I do care about them, often. Some of them live in my house and demand pocket money. But one way to care about them is not to lumber them with huge debts and stupid policies brought about by our current ignorance and hubris. Look at it this way. Which scientific innovations or other trends/developments would you have stopped in 1909 to make things better now? And how would you have been sure that you hit the right ones then? Why should poorer people in 1909 have subsidised far richer people in 2009? Why should poor people in 2009 subsidise far richer people in 2109, or 2209?

Bottom Line?  Steady as she goes. Bet on the wisdom of people, not on the dogmatic certainty of governments. Because it is just not clear what to do for the best. And governments will make a far bigger mess if they get that wrong.   

We chatted to and fro about Climate diplomacy. I said that as Copenhagen had showed, the very complexity of the issue meant that a 'global' approach to it was doomed to fiasco. Better to get together a smallish group of industrialised carbon-generators (eg the Top 20) and try to sort out something within a much smaller circle. There would be fierce squeals from all the people and NGOs left out, but too bad - Saving the Planet was far more important than their self-esteem issues.

But even that, said I, assumed that (a) we could convincingly identify a causal relationship between human activity x and bad climate change y, and (b) identify policies that would help tackle y while not causing new problem z.

Oh, and then we'd have to work out who pays for it all.

All of which went to explain why countries like China piously insisted on bringing in the developing world to the process: by expanding the meeting they ensured that nothing would happen on Climate, which suited them for the next 50 years or so as their development hurtled on.

Meanwhile all bureaucrats could sense when top-level leaders were really focusing on an issue, or not. The policy caravan had moved on, from Climate to Arab Spring to Money. No senior attention was being given to Climate issues, regardless of the fact that more huge Climate junkets were continuing in Durban soon and on to Rio next year. PM David Cameron had already said that he's not going to Rio. Good choice - total waste of time.

I concluded that it all boiled down to a simple choice: spend massively now with money we don't have on uncertain and probably stupid measures, or be less ambitious and invest in adapting to Change rather than foolishly trying to modify it. And even that was not a choice - we'd end up adapting and hoping for the best, as there was no deliverable alternative to it.

My youthful NGO friend said that he tended to agree with the Bjorn Lomborg arguments on the whole issue. But he had to be careful what he said, lest his NGO stop getting funding!

I politely pointed out that he had said something profoundly bad and corrupt. The whole Western world was reeling from ill-advised investment decisions (mainly by profligate governments), and his organisation was hiding what it believed to be the truth to keep getting money. Horrendous. I sympathised with his current career plight, but that was no way to go. He ruefully said that he saw the point.

So, there we have it.

It's not Climate Truth that counts.

It's the requirement that we taxpayer suckers keep paying out to people who want to avoid the truth if it puts their grants at risk.

QED. 

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German Views on Eurozone Crisis

1st November 2011

As readers here know, the Spiegel Online site is a fine way to find thoughtful pieces on the goings-on in Europe from a German perspective.

Try these two for size.

The first is an interview with Polish Central Bank Governor Marek Belka (who served for a while as a technocrat Prime Minister while I was in Warsaw). Belka is a smart, steady operator who chooses his words well. Here he tries to present a cautious but optimistic picture of Poland's prospects for joining a reformed and disciplined Eurozone:

SPIEGEL: The phrase "Polish economy" once stood for inefficiency. How did Poland manage to be the only EU country to keep on growing its economy during the financial crisis?

Belka: We did a few things right. Our economic policy was cautious. We took integration into the EU very seriously. Many of our rules are more modern than the rules in Germany or France. We have had a debt limit enshrined in our constitution since 1997. We have low taxes and competitive labor costs. The Poles complain a lot, but we are basically optimists. Optimists spend money, while pessimists do not. The Germans believe that after the Hartz (welfare) reforms, they now have a flexible labor market. But ours is even more liberal. We have avoided financial turbulence. And there was no credit bubble.

...  The euro zone is heading for an increasingly closer political union, without which the euro can't be saved. One day Poland will join a new and different euro zone, which will have more of the characteristics of a federation than it does today. We have to be strong and healthy to avoid losing our economic sovereignty, which is now happening to a few countries that have problems.

And this is an important corrective to those of us in the richer parts of Europe squealing about 'austerity':

SPIEGEL: ... Why are the people in Eastern Europe so much more patient?

Belka: Because the people here still aren't used to prosperity. Let me give you an example from my days at the International Monetary Fund. It was at a time when the Latvians had to implement a drastic austerity program, which caused consumer spending to drop by 25 percent in a year.

I asked a Latvia negotiator how his country expected to survive this dramatic crisis. He said: What crisis? We had a crisis when the Soviets were sending us to Siberia. Here in Eastern Europe, many still remember why they were once poor, and they're not afraid of reasonable reforms that are painful in the short term.

But see also this tricky argument that failure to give Poland lots of EU money in the next Budget spending round would be a Breach of Promise:

SPIEGEL: Is it conceivable that the EU will cut back on other spending in the future because of the unimaginably expensive bailout funds? Spending such as subsidies and structural assistance, which has also helped Poland in recent years?

Belka: We're worried about that, of course. It would be a violation of the accession agreements. The deal, at the time, was this: We adjust our markets, and you help us in the process. If this were no longer the case, it would be a breach of promise.

Nice try. But no.

Then read this piece vividly describing how Germany's insistence that all countries make a 'real effort' is now creating a divided Europe:

... the price of her success in Brussels is the division of Europe. Those countries that are not part of the euro zone are now no longer part of a core Europe, and are now being asked to leave the room when the truly important issues are being debated. While the 17 euro-zone members walk at the front of the pack, the 10 non-euro-members are forced to walk behind, like stragglers and second-tier nations.

And now they have it in writing. In the closing document of last week's summit, euro-zone member states grant themselves the right to work together more closely without having to wait for the non-euro countries. The EFSF also deepens the divide. It is a facility set up by the 17 countries in the monetary union for the 17 countries in the monetary union...

The 17 euro-zone leaders decided to make the bailout fund and its director, Klaus Regling, even more important in the future. Regling will receive more power and influence, as well as more money. He will become the nucleus of a new Europe driven by fiscal policy.

The EU summits last week saw difficult exchanges between the UK and Eurozone countries about all this and a classic drafting fudge:

To calm things down on both sides, the wording that was finally included in the results of the "euro summit" was intended to avoid a split within the EU. "The governance structure for the euro area will be strengthened, while preserving the integrity of the European Union as a whole," paragraph 30 reads.

This sounds good enough, said Polish Premier Tusk, but "what does it mean in practice?"

He was not given an answer, but it will probably look like this: The British will have to think about whether they want to remain in the EU at all. There is a strong movement among the Conservatives to withdraw from the union. And most other non-euro EU members will keep their noses to the grindstone so that they can soon be part of the core club. 

As such, Germany now has the Europe it wanted. It remains to be seen whether it will be happy with the outcome

Indeed. Excellent analysis.

But with Greece now announcing a referendum and the markets realising that the latest Eurozone deal is itself not enough, all this is likely to unravel into a far more drastic situation. One in which the current limp waffle in Westminster of the UK 'repatriating some powers if a good opportunity occurs' will be swept away by events.

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Down with Burglars! And Squatters

31st October 2011

Hurrah! You can fight back against burglars in England (as long as you act 'instinctively').

So proclaims Minister of Justice Ken Clarke:

In an historic move, Justice Secretary Ken Clarke yesterday announced a major strengthening of the rights of victims standing up to intruders in their property.

It means anyone who reacts ‘instinctively’ to defend their home and possessions will be protected if they use reasonable force. The current law says they can act only if they feared for their life or those of their family. It also places duty on victims to retreat from an attacker if they are acting in self-defence. This will also be scrapped. 

At the same time, the Home Office is set to change guidance for police on whether to arrest someone who has attacked an intruder in their home. It could mean arrests are not necessary when householders and businessmen say they have acted in self-defence.

Mr Clarke said: While fleeing is usually the safest option if you feel threatened, people are not obliged to retreat when defending themselves or their homes

The funny thing about newspaper stories like this one is that is often not easy to find out what exactly has been 'announced'.

In this case, the 'story' is (I assume) based on Ministry of Justice briefing of new policy initiatives summarised on the MoJ website:

Mr Clarke said: 'People should feel safe in their communities and especially in their own homes and these measures, along with the rest of our radical package of reforms, will ensure they are protected.'

The measures include:

  • Making squatting in residential buildings a criminal offence
  • Strengthening people’s rights to use force to defend themselves from intruders in their own homes

The site then points you the House of Commons website to see the proposed amendments to the law. But it is a hell of a faff trying to find the amendments relating to burglary/intruders.

Anyway, I have tried - and failed!

But I have found the proposals to make squatting a criminal offence - quite a shift in the law, as it happens. It's here, but you have to scroll down to 3615.

I have telephoned the MoJ Press Office to see if anyone can point me to the exact changes proposed in the law relating to burglary. I was told that the law currently said that when confronted by a burglar a homeowner was under a duty to retreat. I asked where that came from - what was the source of that assertion? Some sort of case-law norm? 

They promised to get back to me. I await their call.

Talking of squatters, there's this historic text which as it happens has a lot to say about self-defence and indeed mentions Bahrain in that context (Note: not for the faint-hearted)

 

Update  after some confusion the MoJ point me to Notices of Amendments: 25 October 2011: 3616

It turns out that the proposed changes are pretty puny.

“Defence of property” becomes a legitimate purpose of self-defence (it wasn’t previously?!). And a tweak is applied to one possible (and ridiculous) legal interpretation of s76 of the 2008 Criminal Justice and Immigration Act which itself codified common law principles of self-defence and how reasonableness is applied::

 

In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account rather than as giving rise to a duty to retreat

 

So, listen you moronic judges and barristers overdosing on Human Rights legislation! There is no ‘duty’ to run away to help someone prove the reasonableness of any self-defence if he/she is attacked, OK?

 

Will the Ministry also issue guidance to courts and police on homeowners defending themselves or their property, with a strong steer not to prosecute anyone for defending themselves unless the violence used is unbelievably ‘disproportionate’. Who knows? The MoJ website doesn’t tell us.

 

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The Five Stages of Euro-Death

27th October 2011

In 1969, in her seminal work On Death and Dying, Elisabeth Kubler-Ross eloquently detailed the five stages of dying - denial, anger, bargaining, depression and finally, acceptance. It remains one of the most important contributions to our understanding of the final phase of life and will do much to explain the otherwise baffling lack of self-awareness characterizing European elites' approach to the entire EU project...

Back in 2005 after the French and Dutch referendum debacles, William Schirano and John Hulsman wrote a doom-laden piece for the US-based The National Interest about the fact that the European Union and its ideals were, in fact, dying.

Watching the latest fevered summitry it is hard not to see Denial, Anger, Bargaining and Depression aplenty. Just quite not enough Acceptance yet?

Perhaps this is understandable. How to accept that something so vast and magnificent is failing, and perhaps giving way to uncertainty and disarray which risk lurching Europe back towards its ghastly past?

Read a version of their famous article here. It's only some 300 weeks old, but the names of the key players (Blair, Chirac, Schroder) seem to come from a prehistoric age.

Six years on things are, of course, much worse. But their core idea still makes sense:

Simply put, a one-size-fits-all approach does not conform to the modern political realities of the Continent - European countries have politically diverse opinions on all aspects of international life: free trade issues, attitudes toward NATO, relations with the United States and how to organize their own economies.

For example, the Netherlands is a strongly free-trading country, traditionally pro-NATO and proAmerican. France, by contrast, is more protectionist, more skeptical of NATO, more statist in organizing its economy and more competitive in its attitude toward America. Thus the two European renegades actually have very different political cultures  - there simply is no common "European national interest."

The EU should function as a political clubhouse - coordinating an intra-European consensus where one exists...

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Negotiation Training: Objective v Subjective

27th October 2011

Wearing my ADRg Ambassadors hat I was in London on Tuesday to give a workshop to a prominent law firm on The Psychology of Negotiation.

The people who attended spend much of their time drafting the legal clauses needed to give effect to deals already done or in prospect. They nonetheless enjoyed being taken off to the very different world of Diplomacy, where logic and rationality in negotiation do not always exist and certainly do not always prevail.

We ran a short roleplay based on an attempt to cut a quick deal over an education initiative in a developing country. The Minister, an NGO, a UN organisation and a major international corporation all have things to offer and things they want and don't want. How best to present themselves in the meeting - and to help steer the meeting to a positive outcome?

The fascinating thing about even very short roleplays is not that they are 'realistic', but that the way people behave in them has all sorts of real-life resonance. Some talk too much, or get sidetracked into detail and don't really say what they need to say. The chair of the meeting either grips the event from the start, or doesn't. People start to put annoying words into the mouths of other people. Some people say almost nothing - but nonetheless by saying nothing cleverly they get towards the outcome they want.

As we discussed it afterwards, it was especially interesting to hear how different people interpreted the relative strengths and weaknesses of the parties in the scenario. One side had had little to offer but had made up for it by being confident and assertive. Maybe too much so? Another side had 'felt' weak and so been reticent and less effective.

In short, the objective balance of forces had not been enough to determine the outcome - the subjective aspects of psychology and tactics too had played a part.

Conclusion? The skilled negotiator needs a full tool-box. And listens astutely to what other people are saying, both when they're speaking and when they are staying silent 

Charles Crawford's workshop was engaging, informative and a real eye-opener.  His techniques can be a valuable tool for anyone involved in commercial negotiations and his practical real-life examples really bring it to life 

Great stuff. Anyone else interested?

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Daily Telegraph Blogger meets Eurozone Crisis

27th October 2011

Update  it is sobering to see a long line of comments after such an article in a national newspaper, many of them buzzing away about issues far from the immediate points I made. Lots of not altogether focused Euro-scepticism out there. But this one from damage124 caught my amused eye: 

Unless I am very much mistaken, was it not the foreign office that were the big proponents not only of our entry to the EEC but also the euro?
I am sure your description is accurate but perhaps the "blue sky" was actually a very thick fog.
I appreciate that you have now retired but perhaps you should have taken this opportunity to apologise?

 * * * * *

I have been invited to join the lively sophisticated team of Daily Telegraph bloggers. Fame. At last. 

Here is the first result, a gallop over exhausted EU processes which has ideas familiar to attentive readers here but maybe not (yet) to a much wider audience:

Basically, there is the bloke in the bar anywhere in the world, railing against the iniquity of what foreigners get up to: “Can you believe what those Germans/Frenchies/Americans/Arabs/Brits/Jews are doing now?! They’re trying to cheat us! Do they think we’re thick, or wot? Innit!” 

Then above him (sorry, ladies, it’s usually a him) is a vast, unpleasant fog created by supercilious on-the-one-hand-on-the-other-hand people like me. Officials, technocrats, state-funded busybodies and experts droning on in high acronymic about Targets, Priorities, Road-maps, Objectives, Strategies, Policies and the rest of it.

When you break through that impenetrable, noxious layer of process, you suddenly get to clear blue sky where meetings of world leaders take place. And the impressive thing is that these leaders resemble the bloke in the pub. The language is (usually) not quite as blunt. But the thoughts and messages are...

EU Solidarity of course requires certain minimal levels of discipline and commitment by all sides, lest it become an unacceptable redistributive one-way street, money flowing from those who accept the rules to those who might (or might not) do so.

If richer Europeans ‘should’ help poorer Europeans – as they have massively done through EU Cohesion Funds and other redistributive mechanisms – what ‘should’ the poorer Europeans do in return? Work harder? Agree to refuse assistance when they have improved their lot? Stick to the rules meticulously? Be grateful?

No one has ever wanted to talk about this. Even to broach the subject is a howwid breach of Euro-etiquette, suggesting a narrow, penny-pinching, Thatcherite mistrust of European processes themselves. We're all Europeans, right? So by definition we are all equally worthy. We can – and must – be trusted!

Should Europeans trust each other? Mais oui. Do they? Not so much...

... For how much longer will Angela Merkel sit there glaring at her fellow leaders and glumly accept that, in effect, Germany is to be blackmailed by smaller, less scrupulous EU partners (“If you don’t give us your nation’s hard-won credibility – and its money – we’ll drag you down too!”)?

Is this acceptable as the basis for running a creditable and credit-worthy society in Germany, and for Germany as part of a wider European community? Is this what all those decades of Germany’s heroic post-WW2 rebuilding effort led to – a Europe of looters and moochers? How to sell that to the honest toiler in the Berlin bierkeller?

Maybe one day soon Germany will look the other shifty countries in the eye round the conference table. And, like Atlas, shrug.

Has last night's Summit solved the core Eurozone problem?

Of course not. It simply represents a new dizzy height for High Euro-Micawberism:

'Accidents will occur in the best regulated families...

I have no doubt I shall, please Heaven, begin to be more beforehand with the world, and to live in a perfectly new manner, if -if, in short, anything turns up.’  

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EU Elite 0 Reality 1

26th October 2011

How many times do I need to argue that the 'basic' problem with the European Union is a failure to accept certain Realities?

If you're sick of hearing it from me, as well you might be, listen to John Kay over at the FT (Note: it's painful to pay (horror) for news and analysis, but if you want to follow the Eurozone calamity properly you must buy an online FT subscription):

The decisive action they all seek is not really a European solution at all. It is that the German government should write very large cheques – or underwrite very large borrowings.

Whenever you assert responsibility for issues you do not have authority to tackle, you risk a crisis of credibility that undermines the authority you do have. Europe’s leaders see themselves as mustering resources for a war with the markets: a war which they will lose, not just because they will never find sufficient resources to defeat the markets, but because they are really fighting reality

Which is why cross Leftist articles like this one miss the core point:

Reading the press, one gets the impression of a bunch of lazy Mediterranean scroungers, enjoying one of the highest standards of living in Europe while making the frugal Germans pick up the tab. This is a nonsensical propaganda...

Angela Merkel clearly has Italy in her sights. She, and the Troika are scapegoating the Greeks – in order to make sure that should Greece take the rumoured “hair cut” on its debt and restructure, the other peripheral countries – especially Italy – won’t get any ideas and be tempted down the same path of forced debt restructuring, but rather will redouble their efforts to achieve arbitrary fiscal targets on an equally arbitrary timeline (and how’s that worked out for Greece?), and learn to “live within their means”, as the Germans always piously lecture the world.

This is the strategy to prevent what is euphemistically called the “contagion impact”. In reality, it is also called the principle of collective guilt – destroying the livelihoods of thirteen million people for political or ideological or faith based reasons, which is frankly disgusting and unacceptable. Given their own history, German policy makers should understand this phenomenon...

It's not just about a crude cost/benefit analysis. It's about Morality.

The 'Reality' (as I see it) is that the much vaunted EU Solidarity requires certain minimal levels of discipline by all sides. No-one has ever wanted to talk about this too openly: it's all too pointed and embarrassing, since to talk about the mutual obligations of Solidarity is money-grubbing and lacking in trust. We're all Europeans, right? So what's the problem?

The problem is that the Germans see (not without some reason) many of the southern European belt of countries as being simply unable or unwilling to achieve the necessary level of collective national discipline to make Solidarity credible (running honest businesses and honest accounts, paying taxes, respecting rules - tough stuff like that), and that when these countries fall short (as they inevitably do) they expect Germany to pick up the bill.

Yes, it could cause unfathomable disaster including for Germany if the Eurozone crashes. But is Germany to sit there and be ripped off indefinitely? Is refusing to subsidise the hapless or feckless for ever really "disgusting and unacceptable"?  

Germany, like Atlas, is shrugging. 

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