2021vi16, Wednesday: Domestication.

Pets deserve eulogies; cats especially so, given that it’s the junior partner in the relationship who’s writing them. And an example of the fake “war on woke”. From a silk, no less. For shame.

Someone is right on the internet: The relationship between cats and people is a nuanced one. That may be one of the reasons I’m more a cat person than a dog one. I recognise the beautiful straightforwardness of the dog-human connection: at its best, an honest mutual loyalty (albeit with a clear hierarchy as well). But the more mercurial, less owner/pet way that cats and the humans they cohabit with interact is more to my taste.

John Naughton captures that in a lovely elegy to Zoombini, one of his cats, who died last week. Should pets get eulogies? I can’t imagine why not. We may anthropomorphise shamelessly as a species, but we do so because – I think – we have an inbuilt need for relationships. And you can’t have a relationship with something unless you imbue it with some sort of self – even if it’s a partially imaginary, reflective one.

John writes:

She was a remarkable animal — the most intelligent cat I’ve ever known. She was wily, perceptive, affectionate, needy and could be imperious, so much so that we used to joke that she conformed to PG Wodehouse’s explanation of why cats are different from dogs — they know that the ancient Egyptians worshipped them as gods. She could never understood why we — her servants — never rose at daybreak, and made her displeasure vocally plain. Although we had a perfectly good cat-flap, she would on occasion sit outside the back door yowling insistently — and of course I would eventually cave in and open the door, at which point she would strut in, purring ostentatiously at the triumph of the feline will.

This is instantly familiar to those of us with cats. Our own, Iroh (the name comes from here) who’s not quite a year old and has been with us for little more than seven months, is now wholly a member of the family. To lose her, even now, would leave a gap of significant proportions. For John and his family, with almost two decades of intimately shared existence, the gap will be huge. I feel for him.

John also observes – a day or two later – what appears to be a sense of deep loss in Zoombini’s sibling. I have no trouble in believing that there’s more to what he describes than mere instinct, or habit. A cat’s inner life is likely to be wildly different from our own. But I’m confident it’s there. And it’s definitely independent of us two-legs who give them house room. 

Much of John’s description of Zoombini maps directly onto Iroh – particularly her insistence, at sun-up, that the world should rise with her. And, of course, his insight about the direction of the cat-human relationship. As I’m not the first to notice, it’s clear to any thinking cat “owner” (such an inapposite term!) who, in fact, domesticated whom. 

I think it was Pratchett who observed that cats only tolerate us, amusedly, until someone invents a tin opener that can be operated by paw. That’s overdoing it: there’s definitely affection in the relationship, albeit perhaps the indulgent affection of a supreme monarch for minions she’s rather fond of. But Iroh, as the picture shows, is clearly a frustrated biped – and her frequent attempts to manipulate keys and door (and window) handles indicate that if anyone were ever to give her opposable thumbs, we’d be in deep trouble…


Someone is wrong on the internet: OK, OK. I promised myself I’d try not to do this – do a “SIWOTI”. But it’s so closely linked to what I wrote about on Monday concerning the weaponisation of culture wars for malign political ends that it feels obligatory.

The nutshell version, thanks to Joshua Rozenberg:

  1. Hardwicke Chambers, a long-standing commercial set of very high repute, announced yesterday that it was changing its name to Gatehouse. A year ago, it had come to recognise that Lord Hardwicke – after whom it was named – was the co-author of a 18th-century legal opinion which had played a significant role in buttressing the survival of slavery for many years. It decided it was time for a change.
  2. So far, so good. Until Lord Wolfson, a commercial silk himself and now – importantly, for this purpose – a justice minister, decided to wade in. In a series of tweets, he implied that this was a distraction from “the important business” of fighting racism and improving diversity – asking whether because Lincoln’s and Gray’s Inns (two of the four Inns of Court, to one of which all of us barristers must belong) were named after advisors to Edward I, and he’d expelled Jews from England in 1290, they should be renamed too.

There’s simply no meaningful comparison to be drawn between these two things. Lord Wolfson’s prowess as an advocate is not in doubt, so why he’s making such a snide, weak and tendentious argument is beyond me – unless, of course, he’s simply looking (or has been instructed) to score cheap and deliberately divisive political points in the name of the “war on woke”. 

For shame.


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2021vi14, Monday: Culture wars and small differences.

When you hear the phrase “war on woke”, it’s always worth looking around. What is someone trying to stop you from seeing – or thinking about?

Short thought: As I mentioned the other week, I mistrust and – frankly – despise anyone who decides to weaponise division to gain or keep power. 

Culture wars are a classic example – such as the “war on woke”. By this, I mean the deliberate pushing of people’s buttons by mischaracterising much of what is, in essence, an entirely reasonable desire on the part of those who are historically demeaned and disadvantaged to not have to put up with it any more as some malign, often Marxist, fifth column against “decent people everywhere”. 

It’s particularly depressing when one takes into account something I was recently reminded of: the “narcissism of small differences”. Frustratingly, I can’t remember where I saw the phrase – but it means a hyper-focus on minor divergences in view, ignoring (often) far wider areas of agreement. 

Why do I think of it? Because while of course there remains vast areas of prejudice, and discrimination, I tend to believe that the 10-80-10 rule applies here as in so much else. This, incidentally, is something that arose from my work in risk and compliance: the rule of thumb that 10% of people were saints and could be relied upon to do the right thing, and 10% were – well, let’s just say the opposite, and needed to be spotted and rooted out but weren’t really amenable to behavioural improvement. It’s the other 80% that you focus on in compliance: the ones who exist somewhere on a spectrum in between, and for whom environment, incentives, example and culture would tug them towards one extreme or the other. 

In society, too, it’s the 80% that are critical. They – we! – respond to tone. To the undercurrent of what appears to be socially acceptable. To whether angels or demons are seen as worth listening to. And thus to whether “we’re all in this together” or “it’s all their fault” is the song of the moment.

Often, our differences aren’t huge. Security. A decent life for self, kids and family. The ability to look in the mirror and be pleased at what you see. And often, if encouraged, a chance to hold out a hand and help.

Culture wars do it all wrong. On either side – but especially the right at present – they build walls, define enemies, assign blame. 

And, critically, rob society, and people, of the chance to be honest with themselves. This, too, was prompted by a recent piece on Jason Kottke’s wonderful linkblog (note more than 20 years old!), itself referencing a Washington Post article. It commented on one of those glorious German portmanteau words, Vergangenheitsaufarbeitung: literally “working off the past”. In other words, the society-wide effort Germany has made in the past three quarters of a century to look itself in the face, be honest about what it did as a nation, and learn and grow. 

Is it perfect? No. The existence of the far right in German police and military, and the success of groups like AfD, show that. But has it been a triumphant example of societal success built on genuine self-examination? Absolutely.

I share a belief that a society that refuses to face its failures as well as embrace its successes is a deeply unhealthy one. That true patriotism requires honest examination, so that one’s country can learn and grow – not an angry denial that there’s anything wrong, and a piling-on of anyone who holds up a mirror.

That’s what culture wars prevent. They’re fundamentally dishonest. They’re damaging. They’re infantilising. And they make sure we focus on the small differences, not the huge and wicked problems which require our common commitment to resolve. 

As an investigator, often the question when confronted with wrongdoing was: fool or crook? Was someone acting stupidly or negligently – or with malign intent?

With culture wars button-pushers, it’s easy. They’re both.


Someone is right on the internet: This has gone the rounds, and you’ll have seen it. But it’s so good, I want to make sure I remember it.

As I’ve made clear, I have zero interest in football as a game. But I recognise its status as a cultural touchstone. And recognise also the threat that young footballers pose to culture warriors. 

So it’s good to see – for once – football authorities offering at least some support. Exemplified at its best by Gareth Southgate’s moving, thoughtful, principled and beautiful piece last week, supporting his players’ patriotism as shown by their desire for things to be better. Not for him the “just play the game” approach; rather, he sees his players willingly shoulder an obligation to be the exemplars they’re asked by so many to be – and commits to backing them in doing so:

Our players are role models. And, beyond the confines of the pitch, we must recognise the impact they can have on society. We must give them the confidence to stand up for their teammates and the things that matter to them as people.

I have never believed that we should just stick to football. 

I know my voice carries weight, not because of who I am but because of the position that I hold. At home, I’m below the kids and the dogs in the pecking order but publicly I am the England men’s football team manager. I have a responsibility to the wider community to use my voice, and so do the players.

It’s their duty to continue to interact with the public on matters such as equality, inclusivity and racial injustice, while using the power of their voices to help put debates on the table, raise awareness and educate.

The whole piece goes directly to the patriotism vs nationalism question. Is love of country about wanting to make things better? Or is it about wanting to feel better than everyone else?

There’s also an ugly echo to the sound of those telling Southgate’s players that they’ve no business getting involved like this, that they should stick to the football, with the “leave politics at home” line pushed by some businesses. Most people in employment know they’re risking their livelihoods if they try to stand up for their rights, or what’s right. Southgate’s players are well-protected enough to take some of the weight for everyone else. No wonder some find that threatening. They can’t as easily be shouted down, or warned off, as the rest of us.

I still can’t really bring myself to care about what happens in Euro 2021 (or Euro 2020 as apparently we’re meant to call it). But this is the kind of patriotism I can always get behind. Get in, lads.


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2021vi9, Wednesday: Just one guy.

A friend made me cry over the weekend. I can’t thank him enough.

Short thought: It was the bags that did it for me.

An old friend, Andy Marshall, posted to his Twitter feed on Saturday a video from 1989.

I watched it. For what must be the hundredth time. And, as always, burst into tears.

So much about this video is beautiful, and terrible, and inspiring, and heartbreaking, all at once. 

But as I said, even more than the slight frame of the man making this astonishingly quiet, superlatively brave stance, even more than the simplicity of his dress – dark trousers, white shirt – what hits me are the bags. It’s hard to make out, but it looks like a briefcase in one hand and a shopping bag in the other.

Not only unarmed. But encumbered. Standing in front of a column of tanks. Because he feels he has to. 

Just watching it again as I write this, the tears are flowing once more. 

I knew next to nothing about China in 1989. I was 18. Doing my A-levels, hoping to get the results that would allow me to study Japanese at Cambridge. But even in my ignorance, everything that happened in China during May of that year filled me with a sense of possibility. That things could change. That people who hoped for the better – not just for themselves, but their fellows – could prevail.

And then came 4 June. Or May 35th, or any of the other date references now routinely blocked by the Great Firewall of China. As the tanks and troops rolled into Tiananmen Square. The protests were routed. Hundreds were killed. Something intangible died too. And in my teenage naïveté, I couldn’t stop weeping.

Then, the next day, came this guy. I don’t know what happened to him. I hope – somehow – he avoided the fate one fears was probably his. (Let’s face it. The traditional telling of the story of the Emperor’s New Clothes finishes before the likely dénouement, where the little boy who yells out “I can see your bum in that!” is dragged off by soldiers who quietly explain to his parents that they never, actually, had a son in the first place, and any memory they may have to the contrary must be a fairy-tale.)

But when I cry at this video, it’s not just for the hopelessness. It’s for the opposite too. It’s at the thought that even in the darkest moments, when raw power smiles and shows its teeth, human beings exist who will say: No. Not this. Not now. Not me.

There’s hope in those tears. There’s faith – not just religious faith, but a faith that we frail, petty beings, with all our doubts and despondencies, our unerring ability to get the wrong end of the stick and listen to the demons whispering in our ear, can always find a way to step up. For as long as that’s true, there’s hope.


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2021vi4, Friday: People ≠ things.

What happens when you thingify people? Nothing good.

Apologies. As I mentioned, this week has been vacation, and has been busy with family matters. Without breaking anyone else’s confidentiality, suffice it to say that there’s a lot of complicated and slightly scary stuff happening to people I love. I’ll try to stick to three posts a week, but it may be two for the next little while. Please forgive.

Short thought: Evil begins, to paraphrase that great sage of our times Terry Pratchett, when you start treating people as things.

A bit trite, you might say. How can you run any society, any organisation with more than a handful of souls, without doing precisely that? Which, of course, is true. You have to abstract. You have to say: this many people take this much resource. This many people = this many sales, or (in the public sector) this much tax. Subtract one from the other: sustainable or not?

But this comes back to the heart of thingification. Do you do this as a planning tool, as a calculation shortcut? Or do you start to see the abstract instead of the people who comprise it? Do you somehow start to see some, if not all, people as worth less than others? Or, in the worst-case scenario, as simply pieces on the board?

Because that, I think, is what Pratchett was talking about. Particularly in ethics and politics, there’s a clanging alarm bell that I always look out for. Just as certainty warns of a closed mind, this is an indicator that people are being thingified – and evil is lurking.

And it’s terrifyingly common. It’s that easy tendency to build a community – political, religious, otherwise – around who you blame. Who you hate. Who you see as different. Who you treat as “other”.

In other words: who isn’t as truly human as you are.

It’s the thing I can’t trust. The thing that will, inexorably, drive me away from any group that manifests it, from any leadership which relies on it. 

It doesn’t matter if it’s a convenient means to an end which is claimed to be laudable. Or if it’s a nod and a wink – “people will understand I don’t really mean it”.

Because it never stops there. This is the genie that never goes back in the bottle. We humans always find it fatally easy to put people in a box marked “not quite like us” – and then treat that box as a thing, with all the negative consequences. Every time we encourage that, we normalise this human tendency. So anyone who does so is, in my world, simply beyond the pale.

Back to Sir Terry. In one of his later books, he deals with the imminent explosion into hot war of a centuries-long enmity, as one side’s rhetoric turns vicious. Changing the wording a bit to minimise spoilers, someone finds the following on an old recording:

“The enemy is not one side nor the other. It is the baleful, the malign, the cowardly, the vessels of hatred, those who do a bad thing and call it good. Those we fought today, but the wilful fool is eternal and will say…”

“This is just a trick!” one of those present shouts. 

“…say this is a trick,” the recording concludes. 

Hatred is comforting. Nationalism or any other belief that defines itself by hatred, or against another, instead of seeking worth on its own terms, is comforting. But it’s deadly. It’s poison. It’s a parasite that not only destroys its host on its way to other minds, but pollutes the sea in which that host swims.

We’ll never win the fight against turning people into things. Not permanently. It’s too easy a trick to exploit, to abuse, to weaponise. 

But that only means we shouldn’t stop trying.


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2021v10, Monday: Put yourself in the picture.

No-one gets elected unless they can tell a story enough people want to be part of. Will Labour ever learn that lesson again?

Short thought: Those bored to tears with me banging on about stories should look away now. Because in the wake of last week’s local elections in the UK, here we go again.

I don’t know what a Labour-run country would look like. They haven’t told me. Or if they have, I’ve missed it. And I’m really not oblivious enough to news to have overlooked it.

I know what the Tories want me to think a Tory-run country (which is what we currently have) looks like. I don’t believe they’re either willing or (more importantly) capable of producing the levelled-up, non-London-centric future they’re describing. I think an administration based on flagrant lying, gaslighting and corruption will probably get found out one day.*

But I at least see the picture they’re painting. And I can understand, particularly in areas which have been so much at the back of the queue for decades that the front is only visible with a telescope (and having grown up partly in Stoke-on-Trent, this isn’t just theoretical to me), how it seems far better than any alternative.

That’s the thing. Yes, there’s the vaccine bounce. Yes, there’s the relief of re-opening – and incumbents (let’s not forget that many Labour and other incumbent administrations actually did quite well) almost always benefit when there’s an economic or social upswing.

But political parties are social engines. They’re powered by human attention and (to some extent) trust. And trust and attention are – yes, here we go again – narrative-driven.

Put simply: you vote for someone when they tell a story that enough people feel they either want, or need, to be a part of. And to do that, you need to act, not just react; and you need to find ways of telling your own story, on your own turf; not the turf the other parties define.

Labour has forgotten this. It forgot in 2010-2015, when it allowed the “Labour spent all the money, so austerity is inevitable” lie to take root. It forgot between 2015 and 2019, when Corbynmania had a story of sorts – but one which seemed explicitly to discard or disdain large numbers of people whose votes, to be frank, Labour needed if it was to win power.

And national Labour, at least, seems to have forgotten it now. It focuses on the stories it tells itself (bring back Corbynism! No, Blairism for the win!) instead of the stories it needs to tell the rest of us. And that’s disastrous.

I want to know how we free up the country outside London. I want to know how a post-pandemic UK could find ways of making sure a kid growing up in Southend, or Wigan, or Warwick, or their Scots or Welsh equivalents, doesn’t have to move to London to have the life they deserve, keeping their cash local and their community thriving. I want to know how workers can be protected and their employers encouraged and incentivised to avoid zero-sum games. I want to know how we can integrate facing down the climate threat into this new model. I want to know how despite all this London can remain the thriving, bubbling, economic and social wonder that it is – but not at the cost of elsewhere. (Other countries manage to be truly multi-centred nations; why not us?) I want to know how we can see the rest of the world and its peoples as opportunities, not threats, and love difference as the vital ingredient of life that it is, without using it as a weapon. How we can stop using the EU as a bogeyman, stop pretending that other trade arrangements will wholly replace the ones we’ve shut the door on, and start making Britain after Brexit work without constantly lying about it.

(For the climate in particular: I warmly recommend Kim Stanley Robinson’s Ministry for the Future, a new book telling – as if in retrospect – one story of how the world dealt with impending climate catastrophe. It’s fiction, sure; but it’s an example of how to paint a word picture that one wants to climb into. As Todd Tucker puts it: it should be “required reading for anyone that writes white papers for a living”.)

All this can fit into a grand narrative. One which is doable, so long as you’re in power. And almost none of this is going to come from this government, which prefers pork-barrel to policy.

Here’s a picture I want to paint myself into. A story I want to be a character in. A future I’d like to believe in.

But I’m not hearing it. Not from anyone. And that makes me cry.

*Although I always bear in mind the investing dictum that the market can stay irrational longer than you can stay solvent. The same can apply to the electability of incompetent narcissist populists, I fear.


Someone is right on the internet: I’ve been sleeping appallingly recently. Insomnia’s been a plague for years, but the past few months? Worse than I can remember. It’s left me often incapable of functioning after about 4pm. And then I wake up before 4 the following morning… and the cycle continues.

There are things I can and should do. Meditate more. Eat better. Talk things through. Exercise. Read rather than rely on devices. I’ll be working on them all.

And on the subject of reading, having something thought-provoking about sleep may not help, but it sure feels as though it might. So this, from Wired on how octopuses seem to dream, is perfect.

The answer appears to be: they have REM sleep, but only for a fraction of the period that we do. Could it be because, as they seem to dream, it affects their skin colouration – normally an expression of mood and a defensive tool for camouflage? Is the evolutionary risk of a long REM period just too high?

No idea. But it’s great to think about. And in any case: sleep study and cephalopods, all in one. Two absorbing interests covered at the same time. What’s not to like?


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2021v3, Monday: Miscellany.

It’s a bank holiday. I have to work. So I’m afraid a linkfest will have to do. With a quick shout about sleaze at the end.

Incidentally: do subscribe at http://remoteaccessbar.substack.com if you fancy getting this automatically. Now, advert over. Let’s get on.

Someones are right on the internet: It’s the early May bank holiday, and I’ve got a hearing tomorrow at 10 for which the papers only arrived late last week. Life at the Bar… so I fear this will have to be a brief canter through some stuff worth (I think) reading:

  • First up, a rather nice discussion of why an absence of good faith doesn’t equal bad faith, relating to a 2019 case, by someone I’m up against in an ET case soon. Scouting out your upcoming opponents is always a good idea. Not least because, as here, you can always learn something.
  • Next, an absolutely stellar piece of writing from one of the UK’s foremost experts on constitutional law, Professor Mark Elliott. He reviews the Government’s apparent intention to legislate on judicial review (going far beyond what its own review advised), and identifies the view of the constitution which seems to underpin it. Which is, to say the least, a rather heterodox and – to these untutored eyes – deeply untrustworthy one.
  • And finally, the wonderful Separated by a Common Language (a site which looks at different usages in English, particularly but not exclusively across the Atlantic), examines the word sleaze. As I may have mentioned before, I hate the word as it’s used here in the UK. Far too often it’s a synonym for corruption, and thus a way of avoiding having to face up to just how bent parts (not all, thank goodness, but critical parts) of our polity actually are.

Short thought: I wasn’t going to editorialise beyond the links, but I have to mention something here. Out walking back from the pub (an actual pub! Wow) with a mate, he commented on how much of a time-waste it felt like the whole “Boris’s flat” thing felt like, given everything else around. I can empathise with his view. But the point of the “flat thing”, and indeed all the rest of the miasma of misconduct, arrogance and downright crookedness that envelops Johnson is not that it’s a one-off, but that it’s symptomatic. Symptomatic of incompetence. Of greed. Of a rules-don’t-apply-to-me mentality which disdains accountability, in favour of a kind of 21st century droit de seigneur. Of an almost feudal sense of right, without any of the balancing obligations which underpinned, at least in theory, every feudal system which has ever survived more than a handful of years, and belies Johnson’s claim to be any kind of real historian.

And why is that important? Because all of the critical stuff that my friend, justifiably, wants to hear about – and still more wants those in charge to get on with, and get right – needs competence, and transparency, and accountability, if it’s to be done at all well. More than ever, in the wake of the past hateful year, we need people for whom the public interest means something beyond “what makes me win the next election” or “what owns the libs”.

That’s why the flat thing matters. That’s why the Arcuri affair matters. That’s why the refusal to take misconduct (Patel) or incompetence (Williamson) seriously matters. That’s why the “VIP lane” for Covid kit matters. That’s why the utterly unserious approach to what would be called “corruption” if it happened in a country at the bottom of the Transparency International CPI index matters.

Because they all point to an administration to whom you, and I, and anyone else outside the charmed circle of mates and muckers, don’t matter – except on voting day. And even then, not often.

That’s not how to solve our huge problems. It’s how to make them worse.

(By the way: it’ll come as no surprise to anyone reading this that I’m not exactly a fan of the current government. Right now, though, I don’t care about Labour vs Conservative. Even though I’m something of a leftie, I’d take a competent, relatively honest Conservative government over an incompetent, dishonest Labour one, because we’ve got work to do. But our current administration is neither competent nor honest. And shows no signs of ever being either.)


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2021v1, Saturday: What’s measured matters.

When measures become targets, they’re useless as measures. But when something isn’t measured at all, it’s invisible…

Short thought: a rare day off yesterday with spouse. So nothing written. Catching up today, I spotted one of the terrifying number of tabs I currently have open and awaiting attention, which dealt with Goodhart’s law. And that took my mind to fraud.

Yes, I know: for me, that’s a fairly short leap from practically anywhere. But bear with me for a moment. Goodhart’s Law, named after economist Charles Goodhart, holds that “Any observed statistical regularity will tend to collapse once pressure is placed upon it for control purposes.” Or, more simply and pithily: measures become useless as measures once you start using them as targets.

Why is this? Because measures are diagnostic: things that help you understand a situation. They’re therefore only any use as long as they’re objective. And as soon as people start being graded according to that measure, it will be gamed. Think hospital waiting lists, or A&E waiting times, or paying teachers (or funding schools) by kids’ school grades. Or stack ranking in workplaces.

Which means I have mixed feelings about this story in the Times (£, sorry). It talks of six metrics by which police forces will be ranked. None of them, predictably, explicitly deals with fraud – the single largest crime problem the UK faces, yet the one with probably the least amount of focused resource and attention.

This brings back memories. In 2007-8 I spent a short amount of time working with people at what was then the (short-lived) National Fraud Strategic Authority. One thing that passed across the NFSA’s desk was a proposed set of police performance indicates. There were 147 of them, I recall – and not a single one dealt with fraud. Most were obviously chosen because they were things that were easy to count, rather than things that would genuinely make a difference in the effectiveness of policing.

So on the one hand, having just six – and high-level at that (homicide, serious violence, drug supply, neighbourhood violence, cybercrime and “victim satisfaction”) – is a step up. As is a Home Office source’s comment that “I wouldn’t classify them as targets.”

So not a Goodhart problem, then?

Hardly. Because the next sentence is: “It’s about tracking progress — we’re giving forces extra officers and now we want to see outcomes.”

So it’s directly a Goodhart problem. As has been the case before, forces will game their resource spend to make sure the Home Office is happy.

And fraud, as ever, will be forgotten. As will its millions of victims. Because, to be cynical, their problems cost too much to fix.

(Yes, yes. “Cybercrime” could be interpreted to include a lot of fraud. But it’s not the same thing. And how is “dealing with cybercrime” to be measured? I have no idea, and I’m pretty sure the Home Office doesn’t either.)


Someone is right on the internet: This is the third piece in a row in which I’ve mentioned the Horizon scandal. I won’t apologise. This is disgraceful, and it deserves a lot of noise.

So today I’ll simply point to someone who, if we had Pulitzers in this country, would deserve one for his coverage of this: Nick Wallis. This piece by him in Private Eye describes the scandal in great detail. Read every word. And then get very angry. And then decide how the issues that arise herein might arise elsewhere – and start thinking about who should be held to account for not making this a priority.

One quick sideline: I should have mentioned when writing about Horizon that the Post Office – shortly before Mr Justice Fraser tore Horizon to shreds – agreed to a £58m settlement of many postmasters’ claims. You can make your own mind up as to whether sociopathy on this level can be satisfied by that, or whether individuals should also be held to account.


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2021iv16, Friday: The king of the Ponzi?

Madoff’s dead, but fraud lives on. A short history of the Real Book. And the importance of prioritising economics over culture wars.

Short thought: Very briefly, because of a hearing earlier today, it’s worth marking the passing of Bernard Madoff, by far the biggest Ponzi schemer ever unearthed.

I say “unearthed” because although all Ponzi schemes have a shelf-life, the numbers in the Madoff scandal were never entirely settled; and the sheer weight of skulduggery around these days, particularly in some corners of the crypto world, does sometimes make me wonder what else is lurking.

As the piece linked to above notes, fraud isn’t a victimless crime. Financial losses are life-changing in themselves, causing despair and sometimes suicide. And the loss of trust is just as damaging. Fraud is corrosive to societies as well as individuals, just as its close relative corruption.

Madoff’s passing is also an excuse, once more, to bewail the UK’s utterly disastrous approach to fraud. We haven’t had a single, big-bang Madoff here. Instead we have huge numbers of victims, losing billions each year to multiple fraudsters via scams which – to be honest – aren’t that sophisticated (often affinity frauds, of the kind Madoff specialised in), and spend (comparatively speaking) next to nothing in investigating and prosecuting them. A disgrace, and one which the Powers That Be remain singularly uninterested in tackling.


Someone is right on the internet: As I’ve mentioned once or twice, I play jazz piano. Note I’m not calling myself a jazz pianist. I’m nowhere near good enough for that. But I try. And I love it.

Anyone who’s ever played and studied jazz will have spent time poring over chord charts of standards old and new. And most of us will have, either on paper or as PDFs, a fakebook or two: a massive tome full of single sheets, with a melody and the chords, for everything from Round Midnight to Chameleon.

I know I do. I’ve even got a couple of fakebooks for specialised areas such as bossa nova. 

But I knew, to my shame, nothing about their background and history. This filled me in. It’s a short read, and points out that fakebooks aren’t without controversy, risking (as some fear they do) the ossification of an in-the-moment art form. But for anyone who’s ever squinted at a chord chart in a dimly-lit club or basement somewhere – trying to keep the line as the atmosphere of the jam fills your soul with a joy and spirit you just can’t get anywhere else and guides your fingers to do things you never knew they could – it’s a good one.


Someone else is right on the internetSimon Kuper, at the FT, is a great writer. Thoughtful, humble, interested and therefore interesting. Even when he writes about football, I’ll read his stuff. And I can’t say that about anyone else.

In today’s FT (paywall – sorry) he makes a point that many have made – but he makes it really well

There are always people who go around missing the main story of their times. No doubt some thought leaders in Paris in 1789 or Petrograd in early 1917 were getting all fired up about sideshows. Something similar is happening now: an obsession with “wokeism” and culture wars at a moment of economic transformation.

By which he means: shouting about culture wars has a huge opportunity cost. The economic damage of Covid, or the benefits of the shift in US economic policy under Biden (which is turning out to be far more progressive than most would have expected), is going to be consequential for everyone.

Meanwhile:

Today’s identity-based point-missing is often deliberate. Every morning, nativist politicians scour the news for a wokeist outrage — in a big world, there’s always one — and then spend the day banging on about it. This is an old phenomenon, explained by the sociologist Stanley Cohen in 1972: a conservative attempt to drum up a moral panic about a group of young people defined as “folk devils”. The “woke brigade” is only the latest in a lineage of folk devils that stretches back through Islamist terrorists, “superpredators” and hippies to early 1960s Mods and Rockers. Rightwingers exaggerated the dangers of all these groups.

Now, Simon is talking about the right-hand side of the aisle. I think the ailment stretches across politics. I imagine he does too, although I agree with his underlying point that the right is generally more effective in using it (perhaps cynically) as a cover for getting on with other priorities while “firing up the base”. 

Me? I’ll continue with my policy of ignoring anyone who decides to push buttons with straw-man terms like “woke” or “gammon” instead of trying to engage.

And keep trying to stop my brain atrophying, by reading people like Simon.


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2021iv14, Wednesday: Equality, of a sort.

Equality in principle is very different from equality in practice. As we’re seeing in the Greensill affair – and as a French writer cynically and beautifully put it many years ago. And US officialdom catches up, at last, on surface transmission of the Bug.

Short thought: Back when I was a reporter covering business, I spent a lot of time talking to C-suite executives. To help mitigate the risk of getting overawed, a colleague gave me advice I’ve always recalled.

The only difference between you and the rich and powerful, she said, was that they’ve got more money and power than you do.

There are countless layers to unpack in that advice, and the more you peel away the better it is.

But although it’s useful, it isn’t entirely true. French writer Anatole France captured it pithily more than a century ago:

La majestueuse égalité des lois, qui interdit au riche comme au pauvre de coucher sous les ponts, de mendier dans les rues et de voler du pain.

Which translates roughly as:

The law, in its majestic equality, prohibits rich and poor alike from sleeping under bridges, begging in the streets and stealing loaves of bread.

In other words: money and power do, sadly, have a quality all their own. And law, and rules, inevitably affect people with them differently.

I was reminded of these when reading something by David Allen Green, someone whose stuff I follow religiously. Writing about the Greensill lobbying affair, he starts with the proposition that it’s right that everyone should be able to make their case to public power. Banning people from seeking to exercise influence causes serious problems. In principle.

His analogy is, I think, not an ideal one. He notes that in theory everyone “has the ‘right’ to dine at the Ritz”, but not everyone can afford it. Whereas in fact, so long as the Ritz doesn’t discriminate on the basis of a protected characteristic, it doesn’t have to sell its services to anyone it doesn’t want to.

Government is different. It has to serve everyone. Which is one reason why CEOs don’t necessarily make good political leaders: there’s always the risk that they’ll write off a chunk of the citizenry in the same way as firing a slice of the workforce, or moving upmarket and leaving former customers behind.

But David’s underlying point is a sound one. Even if his initial proposition is right, the fact is that money and power make a massive difference. They make some voices much louder, and act – deliberately or carelessly – to silence many others. So the very least we should expect is to know exactly who is saying what to whom, and with how much money behind them. Absolutely. No exceptions.

Openness isn’t the only or final answer, of course. It’s not sufficient. It doesn’t solve for the problem identified in another of France’s observations (and uncomfortably evident today): Si 50 millions de personnes disent une bêtise, c’est quand même une bêtise. (Rough translation: Idiocy voiced by 50 million people is still idiocy.)

But it is necessary.

As David puts it:

And if such absolute openness and transparency and procedural certainty is not feasible, then they should not be able to directly approach ministers and officials at all – even if it is in respect of their personal interest (as opposed to on behalf of a paying client, which is a gap Cameron was able to exploit).

They can write a letter to a member of parliament, or wave a placard on Whitehall, like anyone else.

Quite.


Update: On Monday, I shared a superb piece of writing by Zeynep Tufecki, dealing with Covid theatre. She was particularly scathing about the cult of the wipedown: the opportunity cost we pay for the amount of time, money and energy spent on cleaning and disinfecting, when these have long been known to be a very minor element in the overall risk.

As John Naughton points out, US officialdom has now caught up. The CDC, now creeping back to its role as a central and strong player in the fight against the pandemic after its near-crippling by Trump, confirms formally what Zeynep was saying (and she, as she freely notes, is only reporting what others have proved long ago): that while transmission via surface contact is possible, the risk is low. Aerosol spread is far more dangerous and far more common.

To which some might answer: well, there’s still a risk. So we shouldn’t relax our guard vis-a-vis cleaning stuff.

Well, up to a point. But the real point is the one I discussed on Monday. If everything’s a priority, nothing is. So we need to prioritise wisely. When you focus on the wrong risk, you fail to protect against the right one. Sure, clean stuff. But if keeping up with that in any way eats into resources you need to spend in proofing against bigger risks, then think carefully about rebalancing.


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2021iv12, Monday: Covid theatre.

We knew everything we needed to know to make people far safer from Covid a year ago. If there’s ever an inquiry, the question will be: why didn’t we take heed? Why did we rely on hygiene theatre for so long?

Short thought: Ever since 9/11 catalysed an upsurge in security – and don’t get me wrong; I don’t challenge the principle at all – there have been voices accusing the Powers That Be of indulging in security theatre.

These aren’t crank voices. These aren’t the security equivalent of anti-vaxxers or the masks=muzzles brigade. These are smart, thoughtful people, who point out that many security measures do very little actually to make us more secure, but do far more to give the impression that the problem is being taken seriously.

Security theatre has at least three major risks – and these are only the ones that occur with a minute or two of thinking, so there are probably far more.

First, it makes people think the problem is solved, when not even symptomatic relief is being supplied. Second, it gives people information about what they need to do that simply isn’t accurate, meaning they’ll focus on false friends instead of actually mitigating risks. And thirdly, in a world of limited resources, there’s an immense opportunity cost of spending time, money and (most important) attention on the wrong things instead of the right things – particularly since inertia (and the fear of looking like you’re “not protecting people”) means it’s incredibly hard to stop doing the theatrical stuff. A bit like crime: even though the only way prison works as a crime reduction strategy is by keeping criminals off the streets, which for many forms of low-grade offending is a short term gain for a long term loss, politicians almost never admit it in public. As HL Mencken put it, for every complex problem there’s an answer that’s clear, simple and wrong.

Now, security theatre isn’t always wrong, or a waste. Sometimes it embeds trust where trust is both genuine, and needed, and in short supply. But mostly, it’s the other way round.

Why talk about security theatre just now? Because according to Zeynep Tufecki, who continues to be one of the smartest, sanest voices on our pandemic predicament, we’ve done the same with Covid. Her most recent newsletter details the nearest thing to a natural experiment in the spreading of Covid: the cruise ship Diamond Princess, which trapped thousands of people in a closed environment as the Bug spread. Passengers were isolated in cabins. Everything was cleaned. No-one had the chance to cough on anyone else once they were symptomatic.

And yet, tragically, more than 700 people were infected and 14 died.

Zeynep’s point is this. The Diamond Princess was hard evidence that Covid spread primarily not through droplets, or through shared surfaces, but through aerosol distribution; on an asymptomatic basis; and via super-spreader clusters rather than evenly. (This was reinforced later by the experience of a choir in the US, where several dozen people got together to sing, in a big space, properly distanced, properly disinfected – and most of them got sick.)

And this was in February 2020. Research followed quickly. And by the middle of last year, at the very latest, it was clear that 2-metre rules and obsessive cleaning were at best tinkering. What mattered was masking, avoiding close contact and crowds, minimising enclosed spaces, making sure ventilation worked. The essential, critical basics.

So taking the UK: why didn’t we do this quicker? Why instead did we load ourselves down with complex legislation that even us lawyers struggled to unpick, changed sometimes at literally a few minutes’ notice; with exact instructions about distancing; with orders and threats rather than encouragement and collaboration; with quantitative measures, not qualitative ones; with a focus on the tinkering, not on the core?

I don’t know. If we ever get an inquiry, I want it to focus on this. I suspect it’s a combination of a refusal to trust people to be their brothers’ and sisters’ keepers, of a tendency to see everything as a zero-sum exercise in winning rather than a humbler matter of what works, and possibly – heaven forfend – an unconscious reluctance to see the Asia-Pac success as something that can be generalised, rather than something specific that was to the region. Something “cultural”. Was there an ethnic bias in there? Something arising from an overblown UK self-image of some uniquely freedom-loving people? Again, I don’t know. But I wouldn’t rule it out.

Anyhow. Zeynep’s piece is worth your time. Its explanatory power is impressive. Its analysis likewise. The final paragraph hits home:

I realize that there is a lot of focus on misinformation that we recognize: the claims of 5G spreading via vaccines, of many deaths following vaccination, claims that vaccines don’t work at all, or even the idea that vaccines might have caused the death of a 99-year old, already visibly infirm, prominent member of the royal family in the United Kingdom. I understand all that and the role of such misinformation. But as I close the misinformation trifecta series about problems beyond the ones that are “over there,” committed by others, I’d like us not to forget what actually happened in more mainstream and arguably more important circles, and is still influencing how we have been responding—and failing to respond—to this pandemic.

Please don’t let that stop you reading the rest.


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