Barrister

Author: Robert (Page 189 of 328)

Tiger, Terry and Truth

There is a free speech element to the latest celebrity sex-scandal.  John Terry sought a ‘super-injunction’ against publishing details of his affair, that also prevented the media from reporting the fact of the injunction itself.  On the Index on Censorship blog, Padraig Reidy asks whether the lifting of this injunction by Justice Tugendhat could signal the end of the ‘super-injunction’ as an effective tool in the lawyer’s arsenal.  The #Trafigura affair showed how such injunctions can be circumvented by beligerent members of society.
As an aside, I think ‘super-injunction’ is a misnomer.  Surely an injunction that prevents discussion of itself should be a ‘meta-injunction’ or maybe an ‘auto-injunction’?  Responses from linguists would be welcome.

Why the outrage?

The opprobrium directed at John Terry mirrors that experienced by Tiger Woods, who last month was exposed as having a penchant for sex with strippers and lap-dancers.  In both cases, the chat has centred around the sponsorship deals the men have secured with various brands, and the inevitable loss of these contracts once their philandering has been exposed.  The logic is that these sportsmen are paid because they represent wholesome family values.  When it becomes known that they do not, actually, live up to those values, their worth as the face of the brand is diminished.
How does this compare to the glamourous film stars, predominantly but not exclusively female, who are paid to advertise beauty products?  We all know that when they appear in display adverts, they are heavily photoshopped.   Their smooth skin, supple necks and firms thighs are actually complete lies.   Why no outrage and heamoraging of sponsorship deals, when Heat magazine reveals they have saggy bits?

Health Tourism

Empty Hospital Ward at Hillingdon Hospital, Uxbridge, UK. Photo by Alex @ Faraway

Empty Hospital Ward at Hillingdon Hospital, Uxbridge, UK. Photo by Alex @ Faraway, Creative Commons Licence


Last week, I fell into a long discussion with a group of doctors on the problem of health tourism.  This, they say, is when people visit the UK specifically to take advantage of the NHS for treatment of ailments, major and minor.  In particular, women from Africa who think (or know) that they are HIV-positive will visit the UK in order to give birth.  Their children will therefore receive proper medical care and whatever medicines and retrovirals that the current clinical guidelines recommend.  My interlocutors were of the opinion that this was a major drain on resources, especially in the urban centres where they work.
For the avoidance of doubt, these were not the same medics who held the illiberal opinions of marijuana usage, but I did detect in them a slight note of discontentment.  Not intolerance, yet, but certainly exasperation.
If health tourism is widespread, then such feelings of irritation amongst the medical class are also likely to be common, which is not good.  More to the point, it would mean our health system is being abused, perhaps to the tune of millions of pounds.  Definitely not good.
My hypothesis is that health tourism is actually an extremely localised problem, centred around inner-London.  This is where strong immigrant communities already exist, and where health tourists can stay with British residents while they get their treatment.   If this is the case, then it is clearly a particular challenge for the health service in London, rather than a structural issue for the NHS as a whole.
I have put in a poorly worded Freedom of Information request to the Department of Health to find out what statistics are available.
Why bother, though?  What could we possibly do with this information, when we have it?
Simply put, quantifiable information on such an issue will immediately put it in perspective.  Is it a major abuse of the system that we could correct, or just another example of patient-led inefficiency that we will never eradicate?  My suspicion is that it will turn out to be the latter, something akin to the problem of hypochondriacs, that we know is a waste but nevertheless do not have the heart or the stomach to actually address (turning away pregnant Africans at the automatic doors never feels good).  Either way, it will at least address the mutterings of the doctors who see the issue on the ward floor, but have no sense of whether it is a problem beyond their particular hospital.
Second, it may allow for a rather deft sleight-of-policy at the Department of Health.  If the NHS is indeed providing millions of pounds worth of care to people it does not have to, over and above the call of duty, then they could with some legitimacy put that expenditure into a different accounting column.  They could, perhaps, claim it back from DfID or the FCO as a form of targeted, useful government aid.
Let us not be so naive as to think that my request doesn’t carry some risk.   While I do not believe that such statistics (whatever they may be) will actually inspire xenophobia, it is certainly possible that someone might try to use the figures to further some anti-foreigner agenda.  I’m not sure I know what to do about that, but I don’t see this possibility as a reason not to ask the question.  Better me than someone else, I reckon.
What do you think?
On the Ward in Bbowa, Uganda. Photo by Paul Evans. Creative Commons Licence

On the Ward in Bbowa, Uganda. Photo by Paul Evans. Creative Commons Licence

Chilcott/Blair

Unfortunately, a busy week at work meant that Blair’s appearance at the Chilcott Inquiry pretty much passed me by.  After The Event news reports confirmed what we all expected anyway – Mr Blair refused to apologise or admit any wrong-doing.
My take:  Put aside for a moment all the issues of legality, post-war planning, the monstrosity of Saddam’s regim, and oil.  (They are huge issues, admittedly… but put them aside anyway).  We are still left with a central dischord, which is this:  Prime Minister Blair’s actual reason for waging to war, is not the reason we were told we were going to war. This is untenable in a democracy, regardless of the ultimate morality of the conflict, of the death we caused.
We, the people, know this.
Tony Blair knows this.
Moreover, we know he knows this. Moreover moreover, he knows we know this.  And we know he knows we know.  And he knows that we know that he knows.  Ad nauseum. Yet, no apology.  It is an insult to everyone’s intelligence.
The issue of Iraq clearly needs a Frost/Nixon moment, where the concerns of the public are at least acknowledged by the ex-leader at the heart of the controversy.  This is unlikely to ever materialise, which is why this is an issue that will continue to fester for a generation, or more.

A Prison for the Innocent

Exactly three years ago, I attended an event with Clive Stafford-Smith, the Director of Reprieve who has worked with the prisoners at Guantanamo.  I asked him how many of them he thought were innocent:

During the Q&A session, I ask him if he thinks there are any genuine terrorists at the camp. He says there were probably about two or three to begin with. Now there are probably about fourteen, he thinks. The rest have very tenuous evidence against them. Even if some had fought for the Taliban against the Northern Alliance in 2001/02, that does not mean they were Al Qaeda operatives, or that they were a genuine threat to western interests.

Now, while I am sure that Stafford-Smith’s claim is based on hard legal analysis, it nevertheless has an anecdotal air when he tells it.  As a long-time activist against the death penalty, and therefore a regular critic of the US Government, it is easy for politicians to pigeon-hole his complaints.  In the cynical merry-go-round of political debate, it is easy to dismiss such claims as the exaggerations of someone trying to win the argument.  A dismissal of the well he would say that wouldn’t he? variety that is tricky to argue against, without sufficent airtime and column inches.
Well, here is some more evidence to back-up Stafford-Smith’s claim.  British journalist Andy Worthington has been compiling The Guantanamo Files, a list of all 779 men who were incarcerated at the prison:

… at least 93 percent of the 779 men and boys imprisoned in total — were either completely innocent people, seized as a result of dubious intelligence or sold for bounty payments, or Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the terrorist attacks of September 11, 2001, and that had nothing to do with al-Qaeda, Osama bin Laden or international terrorism

And the British Government – a Labour Government, ostensibly on the side of the poor and marginalised around the world – provided succour and support to the Bush Administration as this prison was established and maintained.

Creating the Haystack

News from last week:

The terror suspect who tried to blow up a Detroit-bound plane is the son of a Nigerian banker who alerted US authorities to his “extreme religious views” months ago, it was reported Saturday.

(Via Andrew Sullivan, who says he is ‘angry‘).
I am reminded of Cory Doctorow’s point at the Convention on Modern Liberty last year, about the problem of collecting too much information:

We’ve been told that we’re collecting larger haystacks of information in the hope that it will make the needles easier tio find.  If you look at the 9/11 Commission report, and you find out that in fact the America intelligence apparatus knew that the September 11th attack was happening – in hindsight – but they also knew a million other irrelevancies, and that an adequate approach to discovering it might have been to collect less information, not more.

The video is below:
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