I thought I could be archaic on a few thingsâI still use diphthongs in text in our publications (ĂŠsthetic, CĂŠsar), the trio of inst., ult. and prox. in written correspondence, and even fuel economy occasionally in mpg (Imperial) because I am useless at â/100 km and too few countries use km/â. However, even I had to cringe at Jacob Rees-Moggâs style guide as revealed by ITV. This has now been circulated to his House of Commons staff. It is not satire.
His first rule is âOrganisations are SINGULARâ. (No, this isn’t licence to write ‘Organisations is singular.’) I donât mind this as itâs one I adopt myself (admittedly inconsistently), but note the spelling of the first word. Itâs French. The correct spelling is organizations, and the switch to the French in the Anglosphere appears to have happened postwar. Go to English books that are old enough, and youâll find the z to be more commonplace. (Please donât comment that z is âAmericanâ before doing some research.)
His sixth rule is âDouble space after fullstopsâ. Now, the last word should be two words, but the rule itself has even been abandoned by the newspaper that Rees-Moggâs father edited for so many years. Most compositors in Britain abandoned large spaces at the start of the 20th century, by my reckoningâmy interpretation of the reading studies by Tinker et al is that the single space is sufficient, and web convention agrees. If we are to follow The Times in, say, 1969, we also need to insert spaces around certain other punctuation marks. If you find a copy from around that time, I can promise you it won’t be easy to read.
What is apparent to me is that the rules have been typed up, at least, by an amateur, which accounts for the poor spacing and inconsistent capitalization, and generally it shows a disregard for professional style guides (again, we return to The Times). Sometimes, the acorn does fall far from the tree.
I note that Imperial measurements are to be used again: none of this newfangled metric system nonsense. As I do some transactions in pounds sterling, I am going to refresh my memory on shillings, half-crowns and thruppenny bits in case currency decimalization is reversed. You never know, Johnson’s Britain may find the decimal system too Johnny Foreigner for its liking. ‘They cannot, and will not, change our sausage!’
I see British filmmaker Steve McQueen has remade Lynda La Planteâs Widows.
I was younger than he was when it aired, and didnât appreciate the storylines to the same extent, though I have recollections of it.
What I did recall was a Smith and Jones sketch, which had a voiceover along these lines: âFrom the makers of The Sweeney and Minder, Eusless Films presents Widows: exactly the same, but with women in it.â
The reality was that La Plante wrote Widows because she was unimpressed with how men wrote female parts in scripts (she was the actress Lynda Marchal, and I still remember a small role she had in The Professionals). It was actually ground-breaking. Verity Lambert produced.
I hope McQueen does well with his remake, with Viola Davis, and the setting shifted to Chicago.
I worry a bit given that Hollywood also remade Edge of Darkness or State of Play: pretty decent miniseries that werenât as good when transplanted and turned into feature films, according to period reviews.
I saw the former and while it was a pacy actioner, even as far as employing the same New Zealand director, Martin Campbell, it lacked the depth and suspense of the original; I darenât even see the latter as the original remains one of my favourite miniseries and I donât want to see it butchered, even if Scottish director Kevin Macdonald helmed it. It was a wave of American efforts to remake anything with John Simm and Philip Glenister.
But tonight I did think about the other famous Euston Films series that were remade or reimagined. The Sweeney was remade but with the action still in South London. The 2012 version by Nick Love had a tight budget but plenty of violence, perhaps recapturing the grittiness that audiences would have felt when they first saw the Armchair Cinema special of Regan. Ray Winstone, who guested on the original, took the lead, and channelled Jack Regan well; Ben Drew (Plan B) had even more of a coldness and wild tension on screen as George Carter than Dennis Waterman did. Itâs perhaps best known for a car chase involving the crew from Top Gear, who took the opportunity to build a sketch around it during production. It wasnât as special as the original, and I didnât rush to repeat the DVD. Reviewers didnât like it, but in my opinion it ranks above Sweeney!, the first attempt to turn the TV series into a silver screen film but using the original cast. There, we saw countless acts of violence explained away at the end in one meeting with Thaw and Michael Latimerâs characters after a plot that seemed to build up a complex conspiracy. Sweeney 2, by Troy Kennedy Martin (the brother of the creator), was far tenser and the better effort, and it was fun to spot the Ford press fleet vehicles with the VHK prefix on the number plates.
Minder never went to the big screen, but a remake, or sequel, appeared in 2009, with Shane Richie and Lex Shrapnel. I sat through the first, found it tolerable, and at least in the spirit of the original, but it always felt like an imitation trying to live up to its forebear, not something that carved its own direction. Many donât seem to remember that Minder was created as a vehicle for Dennis Waterman, not George Cole, even if more and more scripts wound up focusing on the latterâs Arthur Daley, leading to Waterman quitting the series. The 2009 seriesâ premiĂšre followed on from that later formula, whereas to me it always required the two stars being on par with each other.
So, will the Americanized Widows follow suit? Will it be âexactly the same, but with women in it,â or, with McQueen as talented as he is, will it be a solid retelling with the same sense of ambiguity at the conclusion as the original? I might have to see it because of McQueen and screenwriter Gillian Flynn, and McQueen says he has been a fan of the series since he saw it as a teenager. Even the original Dolly Rawlins (Ann Mitchell) has a cameo.
Now, who’ll star in a new Van der Valk?
Originally published at Drivetribe, but as I own the copyright it only made sense to share it here for readers, too, especially those who might wish to buy a car from abroad and want to do the job themselves. It was originally written for a British audience.
Above: The lengths I went to, to make sure I didn’t wind up buying a car with an automatic transmission: source it from the UK and spend ten months on the process.
I advise strongly that you use a company specializing in the importation. Thatâs where Jake Williams and Dan Hepburn at Online Logistics of Auckland came in
Having identified the model I wanted, I had to trawl through the websites. The UK is well served, and some sites allow you to feed in a postcode and the distance youâre willing (or your friendâs willing) to travel.
However, if you rely on friends, youâll need to catch them at the right time, and both gentlemen had busy weekends that meant waiting.
VAT was the other issue thatâs unfamiliar to New Zealanders. GST is applied on all domestic transactions in New Zealand, but not on export ones. This isnât always the case in the UK, and some sellers wonât know how any of this works.
One of the first cars I spotted was from a seller who had VAT on the purchase price, which logically I should get refunded when the car left the country. I would have to pay the full amount but once I could prove that the car had left the UK, the transaction would be zero-rated and I would get the VAT back. I was told by the manager that in 11 years of business, he had never come across it, and over the weeks of chatting, the vehicle was sold.
Car Giant, in London, was one company that was very clued up and told me that it had sold to New Zealanders before. Theyâre willing to refund VAT on cars that were VAT-qualifying, but charged a small service fee to do so. The accountsâ department was particularly well set up, and its staff very easy to deal with long-distance.
Evans Halshaw, however, proved to be farcical. After having a vehicle moved to the Kettering branch close to Keithâs then-residence after paying the deposit, and having then paid for an AA inspection, the company then refused to sell it to me, and would only deal with Keith.
Although the company was happy to take my deposit, Keith was soon told, âwe will need payment to come from yourself either by debit card or bank transfer as the deal is with yourself not Mr Yan,â by one of its salesâ staff.
I wasnât about to ask Keith to part with any money, If I were to transfer funds to his account, but not have the car belong to me, and if Keith were to then transfer ownership to me without money changing hands, then the New Zealand Customs would smell a rat. It would look like money laundering: NZTA requires there to be a clear chain of ownership, and this wasnât clear. Evans Halshaw were unwilling to put the invoice in my name.
Iâm a British national with a UK addressâagain something a lot of buyers Down Under wonât haveâbut Evans Halshaw began claiming that it was âpolicyâ not to sell to me.
The company was never able to provide a copy of such a policy despite numerous phone calls and emails.
Essentially, for this to work and satisfy Customs on my end, Keith would have to fork out money, and I would have to pay him: a situation that didnât work for either of us.
Phil, a qualified lawyer, offered to head into another branch of Evans Halshaw and do the transaction exactly as they wanted: head there with âchip and PINâ, only for the company to change its tune again: it would not sell to me, or any representative of mine.
The refund from Evans Halshaw never materialized, and I found myself ÂŁ182 out of pocket
For the second time in two months, I found myself announcing to the members of Medinge Group another passing: that of my good friend Tim Kitchin.
Tim passed away over the weekend, and leaves behind three kids.
I always admired Timâs point of view, his depth of thinking, and his generosity of spirit.
I remember Tim taking notes at my first Medinge meeting in 2002: he drew mind maps. None of this line-by-line stuff. And they worked tremendously well for him.
His brain had a capacity to process arguments and get to the core incredibly quickly, from where he could form a robust analysis of the issues.
But never at any point did Tim use this massive intellect to debase or humour anyone. He used it to better any situation with a reasoned and restrained approach.
Whenever he commented, he did so profoundly. Tim could get across in very few words some complex arguments, or at least open the door to your own thinking and analysis.
In 2003, Tim was one of the authors of Beyond Branding, with a chapter on sustainability (âBrand Sustainability: Itâs about Life ⊠or Deathâ). Note the year: he was writing about sustainability before some of todayâs experts began thinking about it. Prior to that he had co-authored Managing Corporate Reputations (2001).
He wrote a chapter summary for Beyond Branding, which began, âImagine the life of the earth as a single day. In the last 400th of a second of that day we have directly altered 47% of the earthâs land area in the name of commerce and agriculture, but even so, 900 million people are still malnourished, 1.2 billion lack clean water and 2 billion have no access to sanitation.
âWe cannot take it for granted that governments will suddenly acquire the clarity[,] insight and commonality of belief to see a process of renovation to its end. Unless we accept our joint and several liability for this future and begin to address the sustainability of all human systems, we stand little chance of tackling the most complex system of allâour symbiosis with spaceship earth ⊠destination unknown ⊠arrival time yet to be announced.
âAgainst this apocalyptic backdrop, how does a 60 year-old global CEO promise a bright future and possibly a pension to his 16 year-old apprentice, or any future at all to the ten year-old enslaved employees of his suppliersâ?
âHow does he create a sustainable future for his organisation and those to whom it has made explicit or implicit promises? He must start by building a sustainable brand.â
You can see the sort of thinking Tim exhibited in the above, and as I got older the more I realized how ahead of the curve he was. The problems that he writes about remain pressing, and his solutions remain relevant. Presented in language we can all understand, they introduce complex models, much like his mind maps.
He had a real love of his work and a belief that organizations could be humanistic and help others.
He certainly lived this belief. Tim was with us at Medinge till the end of 2014, and went on to other projects, including directing Copper, a digital fund-raising and marketing agency. He was also helpful to a Kiwi friend of mine who arrived in the UK in 2016âTim was generous to a fault.
With the world in such confusing turmoil, Tim still sought solutions to make sense of it all and posted to social media regularly.
And despite whatever he was going through himself, he had a real and constant love for his children.
Tim had an enduring spirituality and he believed in an afterlife, so if heâs right, Iâll catch up with him at some stage. By then hopefully weâll have made a little bit more sense of this planet. As with Thomas, who passed away in December (in Timâs words, âHorrid news to end a horrid yearâ), Iâll miss him heaps and the world will be far poorer without him.
PS.: I have the details of Tim’s service and burial from a mutual friend, Peter Massey.
As I guessed, it will be at All Saints’ Church in Biddenden (TN27 8AJ). The date and time are Thursday, February 2 at 2 p.m.
There will be a reception afterwards at the Bull in Benenden (TN17 4DE).
Nearest train stations are Headcorn and Staplehurst on the line from Charing Cross, Waterloo East and London Bridge. Local taxi firm MTC is on +44 1622 890-003.
Peter has offered help with travel and accommodation (via Facebook) so I can relay messages if need be. He has posted on Tim’s Facebook wall if any of you are connected there.âJY
Above: Chris Evans and Rory Reid talk about the McLaren F1 in Extra Gear.
Now that the new new Top Gear has aired in New Zealand, I have to say that it isn’t really there yet. But unlike much of the UK, I’m not going to dis Chris Evans, who is a consummate gearhead. The reason: I have a memory that goes back beyond February 2016.
When Jeremy Clarkson and Andy Wilman brought Top Gear back in its current form in 2002, it was actually disappointing. People seem to forget James May, who originally replaced Clarkson in the original Top Gear, wasn’t even on the show. My memory of the studio audience was that there were about four people hanging around Clarkson as he introduced ⊠wait for it ⊠the CitroĂ«n Berlingo. Which he took to France (insert Clarkson pause) to buy cheese.
The idea of a show with a perfect complement of three hosts who got on well with each other, each playing a caricature of himself, did not exist for the first year, and even after May replaced Jason Dawe, it took a while for those personalities to emerge. It’s rare to get three hosts to play those roles as well from the get-goâTop Gear France (which is actually made by the BBC) is an exception, and every other foreign edition of Top Gear that I’ve seen doesn’t quite have it.
But Clarkson was a ratings’ winner. When he first quit Top Gear (or ‘old Top Gearâ), the series which started with Angela Rippon as its host in the 1970s, ratings fell from six million to three million. The TV environment was different a decade and a half ago. And the BBC persevered because at that time he hadn’t offended Mexicans or Argentinians, or assaulted an Irishman, or Piers Morgan.
However, importantly, the public was quite happy letting things develop. They could have gone and watched Fifth Gear with its familiar line-up of ex-Top Gear presenters, but they stuck with Clarkson, Hammond, and whomever the third man was.
Twenty sixteen. Enter Chris Evans and Matt Le Blanc (somewhere between the ending of Friends and today, the space seems to have disappeared in his surname), both personalities who love cars. They are disadvantaged by not having been motoring journalists, but they are entertaining. The show doesn’t flow well with the studio segments, the stars introducing each other doesn’t work, and I’m nostalgic for the reasonably priced carâalthough at least the French have continued la tradition. However, because everyone expects the show to remain on a high, the internet jury has been nasty. No one demanded an overnight success before, but they’re out for blood now. It’s an unfair position to put Evans in.
The absence of motoring journalism experience could have been filled quite easily. We were originally told of a huge line-up of Top Gear presenters, to which I thought: great, the BBC is going to give a big roster a go again, something that we hadn’t seen since the 1990s. In there we saw names such as Chris Harris. Yet Chris Harris and Rory Reid have been relegated to an internet-only show called Extra Gear, which is meant to serve Top Gear in the way Doctor Who Confidential served Doctor Who, with a bit of behind-the-scenes stuff, deleted footage, and some sensible road testing around the test track of models not covered in the main show.
Here’s the thing, and this has been said in the British press: these two guys have great rapport, and come across better than Evans and Le Blanc. I vote for them to be on the main Top Gear. They are more personable, humorous, and relatable. I wouldnât be surprised if they found a way to work them both in next season, and why not four hosts?
One thing Harris and Reid have is that they know their stuff after serving in motoring journalism. They arenât rich guys who happen to love cars, but guys who have worked that passion into careers. Harris, in particular, put integrity ahead of kissing up to Ferrari and Lamborghini. I have tremendous respect for these two guys, and thereâs simply more heart in Extra Gear than Top Gear, which at present feels a bit empty and by-the-numbers.
I donât blame Evans at allâthe man had a herculean task. The producers probably tried to reduce Top Gear into formulaic chunks and believed that by cooking with those ingredients, they’d have a winner. This is a reminder that you cannot create heart from a formula: you canât predict where it surfaces. Now that we know itâs there with Reid and Harris, the BBC would be wise to capture it. Let Top Gear evolveâafter all, it did between 2002 and 2015âbut also let these personalities do their thing.
As one of HM the Queen’s loyal and humble servants, I wish her a happy 90th birthday and include this YouTube video of one of her most memorable moments of recent times. A bit of the ‘Dambusters March’ can’t go wrong, either. It shows the Queen to have a particularly good sense of humour.
Remembering the victims of 7-7 today. Ten years on. RIP to my friend Colin Morley.
I’m glad we toasted you this year at the Medinge London dinner, and we filled in the newer members on who you were, and why for many years we named an award after you.
Medinge has changed greatly over the last 10 years but it’s the memory of people like Colin who help remind us of our purpose.
Some interesting bugs out there on Facebook that my friends are telling me about. One has been removed from all her groups, including one that I run (we never touched her account), another cannot comment any more (an increasingly common bug now), while Felicity Frockaccino, well known on the drag scene locally and in Sydney, saw her account deleted. Unlike LaQuisha St Redfern’s earlier this year, Felicity’s has been out for weeks, and it’s affected her livelihood since her bookings were in there. Facebook has done nothing so far, yet I’ve since uncovered another bot net which they have decided to leave (have a look at this hacked account and the bots that have been added; a lot of dormant accounts in Japan and Korea have suffered this fate, and Facebook has deleted most), despite its members being very obviously fake. Delete the humans, keep the bots.
Felicity didn’t ask but I decided to write to these people again, to see if it would help. There was a missing word, unfortunately, but it doesn’t change the sentiment:
Guys, last year you apologized to drag kings and queens for deleting their accounts. But this year, you have been deleting their accounts. This is the second one that I know of, and I donât know that many drag queens, which suggests to me that you [still] have it in for the drag community.
https://www.facebook.com/DoubleFFs/
Felicity Frockaccino is an international drag performer, and youâve affected her livelihood as her bookings were all in that account. This is the second time you deleted her, despite your public apology and a private one that you sent her directly. What is going on, Facebook? You retain bots and bot nets that I report, but you go around deleting genuine human users who rely on you to make their living. Unlike LaQuisha Redfernâs account, which you restored within days, this has been weeks now.
That’s right, she even received a personal apology after her account was deleted the first time. I had hoped that Facebook would have seen sense, since Felicity has plenty of fans. The first-world lesson is the same here as it is for Blogger: do not ever rely on Facebook for anything, and know that at any moment (either due to the intentional deletion on their end or the increasing number of database-write issues), your account can vanish.
Meanwhile, my 2012 academic piece, now titled âThe impact of digital and social media on brandingâ, is in vol. 3, no. 1, the latest issue of the Journal of Digital and Social Media Marketing. This is available via Ingenta Connect (subscription only). JDSMM is relatively new, but all works are double-blind, peer-reviewed, and it’s from the same publisher as The Journal of Brand Management, to which I have contributed before. It was more cutting-edge in 2012 when I wrote it, and in 2013 when it was accepted for publication and JDSMM promoted its inclusion in vol. 1, no. 1, but I believe it continues to have a lot of merit for practitioners today. An unfortunate, unintentional administrative error saw to its omission, but when they were alerted to it, the publisher and editors went above and beyond to remedy things while I was in the UK and it’s out now.
Thatâs another British General Election done and dusted. I havenât followed one this closely since the 1997 campaign, where I was backing John Major.
Shock, horror! Hang on, Jack. Havenât the media all said you are a leftie? Didnât you stand for a left-wing party?
Therein lies a fallacy about left- and right wings. Iâve never completely understood the need to pigeonhole someone into a particular camp, when I would say most people on this planet hold a mix of views from both sides. Now that politicians are not unlike caricaturesâthere has been a ârightwardâ shift where the policies being adopted by some are so outside economic orthodoxy that they look like what their Spitting Image counterparts would have uttered back in the dayâthis holds more true than ever. We know what subscribing to certain partiesâ views fully and completely is like: we risk looking loony, and, if taken too far, we risk becoming loony.
But the spin doctors and advisers arenât in to transparency. They are into their talking heads conveying what they feel the public responds to, hence Mitt Romney, once an advocate of universal health care in his own state, becoming an opponent of it when he ran for president; or, for that matter, Ed Milibandâs insistence on the âbudget responsibility lockâ, to demonstrate that he had a handle on the economy, when Economics 101 told us that austerity isnât a good way to help the economy along and Miliband began sounding like Cameron lite.
My support of Major in the 1997 General Election, which went against the prevailing view at the time, was down to several reasons. Unlike Cameron, Major didnât practise austerity, but he did practise conventional economics with the government going more into deficit through increasing spending during the early 1990sâ recession, knowing the stimulus to be affordable, and knowing it had to be paid back once the economy was healthy again. It is interesting to note Sir Johnâs own goal while campaigning for the Tories in this General Election, when he said at the Tory Reform Group annual dinner, âWe need to acknowledge the fact we have a pretty substantial underclass and there are parts of our country where we have people who have not worked for two generations and whose children do not expect to work.
âHow can it be that in a nation that is the fifth richest nation in the world, that in the United Kingdom we have four of the poorest areas in Europe? I include eastern Europe in that question.â
How indeed. The John Major who was prime minister will have answered that easily, and his own record illustrates just why he avoided such consequences in the 1990s that Cameron was unable to.
The second reason was that I really believed the âclassless societyâ speech, and if you have read his memoirs, or even biographies written about him, then there was a real personal experience woven into that. Critics will point at the fact the speech was written by Antony Jay (Yes, Minister) or the fact that Britain invented To the Manor Born and such sitcoms, but, generally, why should only certain classes have the ability to excel and do their best? Everyone should have that opportunity, and the measures implemented under the Major premiership, while not as far to the left as traditional socialists would have wanted, struck a good balance in my view in an immediate post-Thatcher period. We should always be wary of sudden shifts, whether theyâre swings from the left to the right, or vice versa. A pragmatic approach seemed sensible.
Third, it was precisely that Major was not a Thatcherite, even if Margaret Thatcher might have believed him to be when she made him Chancellor of the Exchequer, a job that he wanted most of his political life. But what we had in his very shrewd opponent in 1997 was Thatcherism, or at least monetarism. As we know from Tony Blairâs and Gordon Brownâs early move in allowing the Bank of England to be free of political control, their belief that this would avoid boom-and-bust cycles was not realized. However, the evidence does show that the freedom has coincided with a period of low interest rates and stable inflation, but equally one can credit the work of the Tories in handing New Labour a booming economy in May of that year. As Major noted at the time, it was rare for a government to lose while the economy was improving, but the Labour campaign, ably assisted by biased media at the time, and the easy pass Blair got from the British establishment despite being very, very vague about his policies, was hard to beat. All he had to do was utter âChangeâ and âItâs about New Labour, new Britain.â It hid, to those of us watching the General Election and the year before it, New Labourâs Thatcherite aims. I am not even that sure what Blair, Brown and Peter Mandelson were doing in the party to begin with.
This might be contrasted with a Tory party weakened through allegations of sleaze (and we know now that no party is any less sleazy than the other, but it depends on when you are caught out) leading Major to fight a campaign largely alone with the occasional publicity boost from the Spice Girls. No matter how specific the PM got, it didnât matter. (Or, as I had told many of my design classes at the time when I was teaching, the Conservativesâ Arial was no match for Labourâs Franklin Gothic, a typeface family that, incidentally, was used by Thatcher in her 1983 election campaign, and by Labour in New Zealand in 1999 and 2002.) It was frustrating to try to discern what Labourâs specific policies were from Down Under, watching the General Election campaign with keen interest. And those lack of specifics worried me from the start, which explains why when I ran for office, I issued a manifesto early in the game. I liked being first, even if the electorate didn’t put me there.
Whether you agreed with Labour or not, and many would argue that the Blair and Brown years were not stellar, the divisions in their partyâwhich I imagine we will see reemerge in the next few daysâindicate that even within there is a great deal of polarization. The Thatcherites are in there, except they are called Blairites. And while Sir John put his weight behind his party out of loyalty, and from his earlier political years witnessing how âLabour isnât workingâ (the WilsonâCallaghan years must have been formative for him given his age), his comments at the dinner are telling on just where modern Conservative economic policies under George Osborne differed to his own and those of Norman Lamont. If people are suffering, if they arenât getting their shot at the âclassless societyâ, then is the place any good? If the class divide has grown, contrary to Sir Johnâs own views, and weakened Britain as a result of the contraction of economic players in it, then even the ârightâ canât support that. To me, I thought conservatism was letting everyone have a shot, and about solid, national enterprise, and this century hasnât given me much faith that that applies very widely.
Labour might have campaigned on that and on preserving the NHS although having listened to Miliband, I was never totally convinced. Perhaps, I, too, had concerns about Labour vagueness, and until this General Election I had not followed the Shadow Cabinet closely enough to know the thinking and histories behind the players. That area, I will leave to others to comment. In some respects, the caricature comment I made above applies to Labour, too.
Therein lie my many posts about the Trans-Pacific Partnership Agreement on my Facebook. It is precisely because I support business that I am against a good part of what has been leaked so far. (I am aware that many trade agreements are negotiated in secret, so there is nothing new there.) It is precisely because I believe in a level playing field for Kiwis that we should be careful at how we liberalize and in what sectors and at what pace we should do it. The curious thing there is that the substantial arguments (obviously against it) have come from the âleftâ, or friends who identify as being left-wing, while some who have identified as being right-wing have bid me an indignant exit from the discussion by attacking the players and not their utterances, and yet somehow the lefties are branded the woolly, emotional wrecks?
As I wrote last year, âAll I want are facts, not emotional, ideological arguments. On the evidence for me, things are leaning toward the anti side. I come from the standpoint of the market being a man-made construct and people are not numbers.
â⊠[T]here are cases going on with tobacco companies where they are using IP to argue that plain packs are contrary to trade agreements. So where do you draw the line with public health versus a foreign enterprise profiting? Iâd like to see healthy people not taxing the system, and plain packs were a foreseeable development IMO for a tobacco manufacturer. [I know this is an argument that is typically trotted out, but I use it since there is at least one case out there.] A wise tobacco company would have acquired businesses in other fields (as some have done), just as Coca-Cola, seeing the tide turn against sodas, have bought up water, energy drink and juice businesses. Itâs wise investing, and itâs progress.
âThere is nothing wrong with the notion of a trade tribunal but what has been emerging from the leaks are ones where corporations can be compensated for loss of profits based on, say, plain packaging. If a government is democratically elected to implement such a policy, and corporations have always understood investments to be subject to the laws of the land (including the risk of divestment in some), then should their rights trump that of the citizens? This is the danger here, and this is the heart of the sovereignty argument.
âAnother example is with software patents, which our country has voted to do away with. Itâs been shown that that would spur innovation.
âThe tendency is that TPPA is against these moves, although given the secrecy we do not know for sure. But reading other IP provisions it does not take a big leap of the imagination.
â⊠Do I believe in global free trade? Absolutely. But I also believe in making sure that people have the means the buy the stuff I sell, and to me this treaty (based on what has been leaked) does not ensure that. I also believe in social responsibility and that citizens have their basics looked after so they can participate in commerce. I am pro-innovation, especially in smaller enterprises where some great stuff is taking place, and we have reasonably robust IP laws already and conventions that govern them. Iâm not saying I have a complete alternative that replaces it, but some of the work we have done at the Medinge Group touches on these issues.â
One argument in favour is: if we are not party to this, then does this mean we will get shut out of it? Iâm not entirely sure we will in that we are already one of the freest markets in the world, although I welcome arguments and past examples. In the areas I know well, the absence of a free-trade agreement with the US, for instance, have never hampered our firm exporting there, but I realize for our primary producers there have been obstacles. But do such agreements mean unimpeded access when itâs so easy, even under WTO, to erect non-tariff barriers? And why should corporationsâ rights trump citizensâ, as opponents are quick to point out?
âAt the end of the day,â to borrow a phrase, all human systems are imperfect. And the market is just as human as any other. My belief is that your own citizens, and their welfare, must be placed first, and we should support our own people and our own businesses. The political caricatures that certain parties have now rendered into human form donât necessarily appear to understand this, certainly not by their actions. This is at the crux of the arguments that I saw from Labour supporters in the UK General Election, and to some extent from those who opposed National and ACT in our one last year. Labour’s loss here, too, in my view, can be placed on a leader who himself came across as unsubstantial on TV as his opponents; and his refusal to resign can be contrasted to the behaviour of Miliband and Nick Clegg yesterday. He could have always pulled a Nigel Farage.
The sooner we get away from notions of âleftâ and ârightâ and work out for ourselves where weâd like our country and our world to head, we will start working together without these false divisions. I might add that âbeing Asianâ in this country is yet another false division. No wonder most people are sick of politics, politicians and âpolitics as usualâ, because most of us cannot be bothered pigeonholing ourselves. We just want to do whatâs decent and honourable and have the chance to get on with it.
Be careful what you say on social media in Britain.
English law permits mass surveillance of the big social media platforms, according to Charles Farr, the director-general of the Office for Security and Counter-Terrorism, in a statement published last week responding to a case brought by Privacy International, Liberty, Amnesty International, the American Civil Liberties Union, Bytes for All, and five other national civil libertiesâ organizations.
While communications between British residents can only be monitored pursuant to a specific warrant, those that qualify as âexternal communicationsâ can be monitored under a general one, under the Regulation of Investigatory Powers Act 2000.
Since most social networks are US-based, they qualify as external.
âBritish residents are being deprived of the essential safeguards that would otherwise be applied to their communicationsâsimply because they are using services that are based outside the UK,â says Privacy International.
âSuch an approach suggests that GCHQ believes it is entitled to indiscriminately intercept all communications in and out of the UK.â
One Conservative MP, David Davis, accuses âthe agencies and the Home Officeâ of hoodwinking the Commons, although Farr says the matter was expressly raised in the House of Lords, according to The Guardian.
It was evident in 2000 that there was an international element to electronic communications. After all, telexes had been with us for decades, and emails were mainstream in the 1990s.
None of this would have been brought to light without the revelations from Edward Snowden and the subsequent legal challenge at the Investigatory Powers Tribunal, on the grounds that âThe absence of [a legal framework under which surveillance of citizens takes place] appears to be in breach of the European Convention of Human Rights, Article 8, which provides the right to privacy and personal communications, and Article 10, which provides the right to freedom of expression.â
If the decision of the Tribunal falls on the side of the civil libertiesâ groups, then that could be useful to similar groups here. Weâve already seen the Court of Appeal find the arguments of the Attorney-General more compelling than those of Kim Dotcom and others when it comes to balancing search warrants and the right against unreasonable search and seizure in the Bill of Rights Act 1990. While not directly related, pragmatism outweighed specificity, and itâs not a step, I imagine, that proponents of the Act would feel at ease with.
When it comes to foreign powers exerting influence on our agencies here, especially with indictments that were so grand for what is, at its core, a civil copyright case, one would have expected specificity would be a requirement. I also would have expected such agencies to have the legal experts who would have used very tight language in an international case against a foreign national.
The worrying trend with both scenarios is that things are taking place against citizens as though they were a matter of course, not subject to state agencies taking great care and being aware of individual human rights.
As communications are global today, then the frameworks need to start from the point of the view of the individual and protections afforded to one.
Here, s. 21 of the Bill of Rights Act 1990 should protect citizens when it comes to reasonable expectations of privacy, and cases tend to start from the interest of the person, who must be informed of the search or surveillance.
The distinction between domestic and âexternalâ has not existed for years: all our websites, for instance, have been hosted abroad since we went online in the 1990s. Anyone who has used Gmail, Hotmail, Zoho and its rivals would be using external communications. Yet I do not know of anyone who would have consented to surveillance without grounds for suspicion, and laws need to balance the external requirementâwhere threats are perceived to come fromâwith the expectation of privacy individuals have on everyday communications.
The Search and Surveillance Act 2012 is tempered perhaps by the tort of privacy and some precedent, but itâs the new Government Communications Security Bureau Amendment Act 2013 that generates similar worries to those in Britain, because specificity has gone out the window.
We already have had an Attorney-General claim wrongly during the billâs second reading, âAs I say, this bill does not represent an extension of powers but a clarification,â when even a casual comparison between the 2003 act and the new one suggests a marked increase of powers. The Prime Minister has suggested similarly in saying that it was incorrect that the âGCSB will be able to wholesale spy on New Zealanders.â
The requirement for the GCSBâs monitoring of foreign intelligence has been removed in s. 8B, and any intelligence it gathers in the performance of the section is not subject to the protections afforded to New Zealanders under s. 14. Under s. 15A (1), the âinterception warrantsâ can apply to a class of people, covering all communications sent to or from abroad. These warrants can be very general, no threat to national security is required, thus eroding the expectation of privacy that New Zealanders have.
The process through which the bill went through Parliament was disgraceful. Dame Anne Salmond noted:
During the public debate on the GCSB bill, Sir Geoffrey Palmer and Dr. Rodney Harrison QC spoke out about its constitutional implications, while I addressed its implications for democratic rights and freedoms in New Zealand.
In reply, the Attorney-General made ad hominem attacks on Harrison, me, Sir Geoffrey and other critics of the legislation during the debate on the GCSB bill, under Parliamentary privilege, and without answering the concerns that had been raised.
These attacks on independent agencies and offices, and on individuals suggest a campaign of intimidation, aimed at deterring all those who oppose the erosion of human rights in New Zealand from speaking out, and making them afraid to âput their heads above the parapetâ.
If we think our laws could protect us against the sort of mass surveillance that is legal in Britain, then we are kidding ourselves. By my reading, interception warrants can take place under the flimsiest of reasons, almost in a desperate attempt to catch up with these other jurisdictions, rather than considering New Zealand values and what our country stands for.
If Britain is successful at amending the scope of RIPA 2000, then that would be a useful first step in redressing the balance, acknowledging that communication is global, and that citizens should have their privacy respected.
One hopes such action inspires New Zealanders to follow the path of Privacy International and others in questioning our governmentâs expanded surveillance powers over us. Those who are already leading the charge, I take my hat off to you.