A lazy look at the Leveson Report

November 29th, 2012 § 0 comments § permalink

I’m just having a read of the Executive Summary of the Leveson Report. I’m lazy and not even reading all of the summary, just the bit at the back, the summary of the recommendations. These are some thoughts as they come to me.

The members of the Board should be appointed by the same appointment panel that appoints the Chair, together with the Chair (once appointed), and should:
(a) be appointed by a fair and open process;
(b) comprise a majority of people who are independent of the press;
(c) include a sufficient number of people with experience of the industry who may include former editors and senior or academic journalists;
(d) not include any serving editor; and
(e) not include any serving member of the House of Commons or any member of the Government.

No serving editors on the board. This is good. Serving editors not needed on the board, especially if there is someone else on the board with experience and understanding. Along with not allowing any serving MP/Government member, this helps to not only help the organisation be but be seen to be independent of government and the industry.

The code must take into account the importance of freedom of speech, the interests of the public (including the public interest in detecting or exposing crime or serous impropriety, protecting public health and safety and preventing the public from being seriously misled) and the rights of individuals. Specifically, it must cover standards of:
(a) conduct, especially in relation to the treatment of other people in the process of obtaining material;
(b) appropriate respect for privacy where there is no sufficient public interest justification for breach and
(c) accuracy, and the need to avoid misrepresentation.

How can anyone argue with that? That is already what the PCC claims to have.

The Board should require, of those who subscribe, appropriate internal governance processes, transparency on what governance processes they have in place, and notice of any failures in compliance, together with details of steps taken to deal with failures in compliance.

More transparency to show the newspaper is taking the code seriously. This is A Good Thing, too.

The Board should require all those who subscribe to have an adequate and speedy complaint handling mechanism; it should encourage those who wish to complain to do so through that mechanism and should not receive complaints directly unless or until the internal complaints system has been engaged without the complaint being resolved in an appropriate time.

Again, this is how it should be. Many papers will say they already do have an effective complaints procedure, but many regularly drag the process of a simple correction out for months.

The Board should have the power (but not necessarily in all cases depending on the circumstances the duty) to hear complaints whoever they come from, whether personally and directly affected by the alleged breach, or a representative group affected by the alleged breach, or a third party seeking to ensure accuracy of published information. In the case of third party complaints the views of the party most closely involved should be taken into account.

This is exactly what media-watchers have been calling for for years – the ability to have the papers given a bollocking when they smear whole swathes of people. The PCC didn’t take complaint unless it was from someone directly affected, which left the papers free to demonise whole communities.

It should continue to be the case that complainants are able to bring complaints free of charge.

Another Good Thing.

In relation to complaints, the Board should have the power to direct appropriate remedial action for breach of standards and the publication of corrections and apologies. Although remedies are essentially about correcting the record for individuals, the power to require a correction and an apology must apply equally in relation to individual standards breaches (which the Board has accepted) and to groups of people (or matters of fact) where there is no single identifiable individual who has been affected.

Again, groups of people. Currently, if you’re not named you can’t complain.

The power to direct the nature, extent and placement of apologies should lie with the Board.

No more burying an apology in the small print on page 94.

The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service of advice to editors of subscribing publications relating to code compliance which editors, in their discretion, can deploy in civil proceedings arising out of publication.

There. The new body “should not have the power to prevent publication of any material“. There is no pre-publication clearing of stories required, the status quo is maintained. The editor can get advice, but essentially would still be able to publish anything and then defend it afterwards. There will be no censorship.

The Board, being an independent self-regulatory body, should have authority to examine issues on its own initiative and have sufficient powers to carry out investigations both into suspected serious or systemic breaches of the code and failures to comply with directions of the Board. Those who subscribe must be required to cooperate with any such investigation.

The body could instigate investigations on it’s own accord. The PCC doesn’t investigate. It mediated. Badly.

The Board should have the power to impose appropriate and proportionate sanctions, (including financial sanctions up to 1% of turnover with a maximum of £1m), on any subscriber found to be responsible for serious or systemic breaches of the standards code or governance requirements of the body. The sanctions that should be available should include power to require publication of corrections, if the breaches relate to accuracy, or apologies if the breaches relate to other provisions of the code.

A regulator that has the power to impose penalties that actually have bite? That’ll be nice. Rather than just asking meekly to have an apology published, in words that don’t actually accept responsibility.

The Board should provide an arbitral process in relation to civil legal claims against subscribers, drawing on independent legal experts of high reputation and ability on a cost-only basis to the subscribing member. The process should be fair, quick and inexpensive, inquisitorial and free for complainants to use (save for a power to make an adverse order for the costs of the arbitrator if proceedings are frivolous or vexatious). The arbitrator must have the power to hold hearings where necessary but, equally, to dispense with them where it is not necessary. The process must have a system to allow frivolous or vexatious claims to be struck out at an early stage.

The body needs to be able to make it’s own decisions on whether a complaint is vexatious or frivolous. This is especially important if complaints are to be taken from third parties.

The role of recognition body, that is to say, to recognise and certify that any particular body satisfies (and, on review, continues to satisfy) the requirements set out in law should fall on Ofcom. A less attractive alternative (on the basis that any individual will not have the requisite authority or experience and will only be occasionally be required to fulfil these functions) is for the appointment of an independent Recognition Commissioner supported by officials at Ofcom.

Ofcom to certify that the regulator is independent. If Ofcom is good enough to ensure broadcast behaves itself, then it should be good enough to ensure the regulator is independent.

It should be possible for the recognition body to recognise more than one regulatory body, should more than one seek recognition and meet the criteria, although this is not an outcome to be advocated and, should it be necessary for that step to be taken, would represent a failure on the part of the industry.

Don’t like the regulator? Set up your own. The press are not stuck with a single regulatory body.

In passing legislation to identify the legitimate requirements to be met by an independent regulator organised by the press, and to provide for a process of recognition and review of whether those requirements are and continue to be met, the law should also place an explicit duty on the Government to uphold and protect the freedom of the press.

There. There it is. This paragraph is the engagement ring in the dogturd. This paragraph states what the legislation is meant to do – identify what makes an independent regulator, and enable it to have effective sanctions. Not dictate what the press can and cannot do, what it can and cannot publish. That is left to the regulator itself to decide, as long as the body is independent of the industry.

How much more of a safe guard does the industry want than for the law itself to state that the Government needs has no choice but to protect the freedom of the press. It’s there, in black and white, the government wouldn’t be able to muzzle the press. What else does the industry want?

A regulatory body should establish a whistleblowing hotline for those who feel that they are being asked to do things which are contrary to the code.

The industry generally and a regulatory body in particular should consider requiring its members to include in the employment or service contracts with journalists a clause to the effect that no disciplinary action would be taken against a journalist as a result of a refusal to act in a manner which is contrary to the code of practice.

And there’s protection for the journalists themselves.

Well, so far so good. It gets my vote. An independent regulator that doesn’t have to answer to anyone except to Ofcom to ensure it is independent and not on what it does. A regulator that has the ability to impose proper sanctions. A regulator that can launch it’s own investigations. A regulator that is free to complainants, but can tell people to sod off if they’re complaints are not serious. A regulator that will have a law in place ensuring The Freedom of The Press.

The Government, legislating the right of journalists to investigate it. Surely that’s a journalists’ wet dream?

Exec Summary here
The Full Report here

Dorries’ abortion debate: a lazy little fisk

November 3rd, 2012 § 0 comments § permalink

Here is a little fisk of Dorries’ debate the other day. This is just Dorries’ opening gambit. I’ve probably missed the less obvious bullshit.

The full transcript of the Induced Abortion debate is here.

If any abortion provider is to come to Northern Ireland, Marie Stopes is probably the best bet. Marie Stopes is one of the most professional and non-advocacy-driven abortion providers. It has no political ideology and is concerned only for the health of the woman, and it operates in a professional manner. So I think that, if Northern Ireland is to have an abortion provider, Marie Stopes are the people to have.

That is a hell of a lot of praise considering what she implied about Maries Stopes back in September 2011…

“Under present legislation, doctors or pregnancy advisory services have no duty to offer professional, impartial help to women considering an abortion,” the MP for Mid-Bedfordshire said.

“Moreover, most counselling is offered by the big abortion providers themselves, like the British Pregnancy Advisory Service or the Marie Stopes clinics, which are paid millions by the NHS to carry out terminations – and so profit from the process.”

That’s not such a ringing endorsement, and the last sentence, especially the “and so profit from the process” part make Marie Stopes sound like a for-profit company, doing these abortions and offering counselling to make a fast buck, to satisfy it’s shareholders. Marie Stopes International is a not-for-profit company. Any profit doesn’t go to shareholders, but go towards furthering it’s aims and goals here and abroad. You may not agree with some of those goals but it’s so far removed from the profit making organisation that Dorries implied.

A study by the Centre for Sexual Health Research at the university of Southampton and the School of Social Policy, Sociology and Social Research at the university of Kent found that 41% of women who have second-trimester abortions do so because they were not sure about having an abortion and took a while to make up their mind to ask for one. I believe that one positive effect of reducing the limit to 20 weeks might be to focus the mind slightly sooner than 23 weeks. Because abortion is available until 24 weeks, there is a laxity, as people have a prolonged period to make up their mind. The research says that women took a long time to make up their mind. Maybe reducing the upper limit will help.

*imagines Dorries stood in front of a pregnant woman, impatiently tapping her foot saying “Come on. Make up your mind. It’s not a hard decision, ffs”)

The medical profession cannot make two arguments. Doctors cannot say that a poorly baby’s life is worth trying to save from 20 or 21 weeks onwards while stating at the same time that there is no chance of life up to 24 weeks, so it is okay to abort up until that point. There is an inconsistency in retaining 24 weeks.

There is no inconsistency. An abortion is granted, for whatever reason. Rightly or wrongly. Effort is spent trying to save a premature baby because the legal guardians that have the say of whether to resuscitate or not say resuscitate. If they didn’t, the premature baby would be left to die. This, I guess, happens with nearly every premature baby because they are wanted babies.

This next bit of bullshit speaks for itself…

[Dorries:] Doctors cannot have it both ways. They cannot say in the NHS, “We try to save babies from 20 weeks because they are viable,” and then say, “We abort at 24 weeks because they are not.” The two arguments cannot stand. That is an anomaly, and it must end.

Dr Wollaston: I thank the hon. Lady for giving way. On that point, we are not trying to save babies at 20 weeks. No babies survive at 20 weeks’ gestation. If she refers back to the British Medical Journal paper considering two periods of survival, the increase in survival of pre-term babies after the 2000 period was due entirely to babies born at 24 and 25 weeks. The absolute limit of survival is about 22 weeks; that is when we try to save them. Will she please stop suggesting that the NHS is capable of saving babies at 20 weeks? It is simply not true.

Boom! The Tory from Totnes gets Dorries bang to rights with her bullshit statistics. And Dorries’ reply?…

Maybe the NHS should stop trying to save babies from 20 weeks. My neighbour 10 years ago was a 22-week survivor. Although she had slight problems, they did not prevent her from going to school and living a full and wonderful life. Babies do survive from 22 weeks, which is my argument for viability. If the RCOG wants to say that viability is at 24 weeks, it must look at the living babies born at 22 weeks and say, “That’s wrong.”

The only measure of viability that we have is the premature poorly baby—the baby who arrives early for a reason. Doctors must fight to deal with two complicated situations: whatever made the baby arrive prematurely, and the fact that it has arrived prematurely, which involves lung function and other things. I am afraid that a healthy aborted baby and a premature poorly baby cannot be compared, particularly not at 23 weeks.

Huh? So no defending of her 20 weeks claim then? Dorries has plenty to say about 22 week babies though for some reason, even though that age of gestation is questioned?

“While a research fellow at Oxford, Dr Anand became aware that many premature and early gestation babies died during in-utero operations due to shock induced by pain during the procedure. General thinking at the time, in the 1980s, was that no baby could experience pain before birth—that until birth, a baby was not sentient. In his pioneering work, Dr Anand developed anaesthesia to be delivered to foetuses. Thanks to that work, introduced at the John Radcliffe hospital, anaesthetising babies during in-utero operations is now standard procedure, and babies now live.

Dr Anand went on to continue his work and research in America. When I sat on the Science and Technology Committee, we considered abortion, and one of the members of that Committee—Evan Harris, the former Member for Oxford West and Abingdon, who lost his seat at the last election—described Professor Anand as a little doctor from Little Rock. Dr Anand did much of his further research in America, first at the university of Arkansas and now as the St Jude chair for critical care medicine and professor of paediatrics, anaesthesiology and neurobiology at the university of Tennessee health centre in Memphis.

My only point in relation to Evan Harris’s comments about Professor Anand is that Dr Anand is a gentle, polite academic who is well renowned and respected and has a successful career. To describe such a man as a little man from Little Rock, and to have binned and not considered the evidence on abortion that he presented to the Science and Technology Committee, was a travesty. I complained about it to the Clerks at the time, and I will continue to complain about it, as it tainted the report.

Dr Anand is dealt with by the Ministry of Truth

So far as the allegation that Dr Anand has been excluded or not invited to address the committee, well as member of the committee, herself, Nadine Dorries should know perfectly well that the process by which parliamentary committees invite witnesses – other than those from government, the civil service and other areas of the public sector, is by publishing an open call for written submissions to the committee. The committee states its brief and the information/opinions it is seeking, and it is then up to any interested party to submit their written views, opinions and evidence to the committee for consideration.

Based on the submissions received, the committee will then invite people to appear before the committee to give evidence in person.

As already noted, not only single submission to the committee FROM ANY SOURCE, refers to Dr Anand, his work or any published research paper on which he is cited as the author or co-author.

And Dr Anand, himself, has not made any written submission to the committee.

I move to the feminist argument. As the mother of three young adult daughters, I am a strong believer in a woman’s right to choose. Never, ever would I want to see a return to the bad old days of backstreet abortionists, or restricted access to early abortion. Do I champion this issue from the perspective of religion? No, I do not. I do not come to this from a religious perspective.

Bloggerheads…

Second, those same groups are coordinating/enabling her latest efforts where Dorries and others are masquerading as “pro woman” campaigners seeking to protect vulnerable adults from the physical/mental harm they and other religious groups claim is a common post-abortion problem… but this article/interview from 2007 makes it very clear that Dorries is driven primarily NOT by a desire to protect women, but instead a deeply religious decision to reduce the number of abortions by any means possible, even if these means appear, intially, to be at odds with the anti-abortion agenda:

“I’ve been told my Bill will get nowhere while I have pro-lifers and abortion rights people against me. But my argument is: How can anyone argue – on any grounds – that my proposal is not right. Currently there are about 600 abortions a day in the UK. I’d like to reduce that number by at least half. The public is not interested in banning abortion. Those who hold out for a complete ban have not changed the law – they have not saved a single life. To me, saving some lives is better than saving no lives at all. I hope pro-lifers will come to share my view that some progress is better than no progress. ” – Nadine Dorries (source/PDF)

If you want a full on fisk, Unity steps up and metaphorically slaps Dorries down. Again.

Where am I?

You are currently viewing the archives for November, 2012 at Sim-O.