Category: Interest group capture

Curbing professional associations

The abuse of power by privileged professional associations is a danger that must be curbed before it happens  The threat grows each day. A reform of coercive state powers will be sidestepped if professional bodies can reimpose restraints using the authority the state entrusts to them.

This was flagged  in an earlier article, ‘Action: A Powers and Bodies Bill‘, but it needs explanation.

Numerous professions are governed by their own professional bodies, which are granted a legal authority over practitioners; a private law, which the Romans called a privilegium: privilege.  That privilege is open to abuse.

Self-regulation by privileged bodies is a valuable way to go about things: only members of a particular profession can understand the practical aspects of their practices. Therefore we have doctors governed by the General Medical Council; accountants by one of the three Institutes of Chartered Accountants; solicitors by the three Law Societies; surveyors and others by the Royal Institution of Chartered Surveyors – and other bodies with royal charters watch over the old honoured professions. Their rules forbid convicted thieves from practising as accountants or solicitors; they determine the qualifications a prospective practitioner must obtain; they bar those proven to be unworthy of the trust reposed in a professional; they determine necessary ethical rules for protecting the public, and vulnerable staff, and the respect held for the profession. They or their proximate bodies will try and punish malefactors.

The private laws of the privileged bodies can ruin an individual to whom they take a dislike, may restrain innovation and competition, and shut out rivals. This is serious power to be so unrestrained.

The general law will (if enforced) forbid the professions from going too far, for example from barring women (as they used to) or barring anyone for their race or religion (as they used to). They are still empowered to bar anyone from practice for membership of a political party, or holding opinions the Council dislikes, or expressing dissent from a decision. They are trusted not to, by a gentlemanly understanding of what is proper. How far though can that be trusted when gentlemen are fewer and political activists are more?

Interference by the state is resented, as the professional bodies consider themselves independent. Every power though that they exercise is granted  or confirmed by an Act of Parliament, and parliament has stepped in before.

Like a mediaeval trade guild, a profesional body may work its rules not to protect the public but to give its members a cozy monopoly. One need not read Adam Smith’s analysis to know that. Within living memory, doctors, surveyors and solicitors had minimum fees imposed by their professional bodies in order to prevent competition, and were forbidden from advertising: these had to be  challenged by the Monopolies Commission of the time. They may need to be challenged again to prevent discrimination by politics or social opinions, or novelty of thought.

A further threat of immediate relevance is the subversion of the professional ethic by People With Ideas. The power of the privileged bodies is a draw for the activist, and they have been pushing at the gates for some time now. In some cases, they have burst through.

The green lobby and disinvestment campaigns are making the running, trying to withdraw professional advice from those they disfavour. Thre are some actively trying to force professionals to add environmental concerns to their professional obligations:  a number of articles have been published insisting on this, or even darkly stating that one should be disciplined already for failing to do so, and others demanding that the rules be changed to prevent professionals from acting for oil companies. If solicitors are forbidden from defending legal interests of any person, that person loses the protection the law grants him.  The Ukraine War saw another set of demands, to stop any Russians receiving professional advice. This is a new form of mediaeval outlawry, imposed on a whole race.

That is not to forget the social justice warriors.  They may so far have had little impact on the older professions beyond surface displays, but elsewhere they have been merrily ruining innocent lives. Privileged associations erected in recent decades for the teaching profession or counselling therapists have not gained the maturity others have, but are as powerful. Any counsellor or teacher declared unsafe to be near children is out of work for life, and while this was created to protect children and the vulnerable from notorious, egregious misconduct, lately the same sanction has been applied to those who denied a doctrine only a tiny number of people believe, that a man can be a woman, and this without any rule declaring the ‘heresy’ to be misconduct. It is not private law, but lynch law.

The overreach can no longer be ignored. The abuse of privileged powers is real, and those powers granted by Parliament can be, and should be, limited by Parliament.

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By Boris Johnson:

By others

The Shallow State

It is said that if you stick an oily finger in a beer,  the head disappears as a single molecule’s thickness of oil chokes the surface. Lifeboats used to calm the mighty waves the same way:  all the welling depths of the ocean were stifled by the thinnest film upon the surface. Abandon your theories about the ‘Deep State’: it is the Shallow State which prevents change –  the fine layer upon the surface smothering action from reaching the nation.

The functions of the state interact with the citizen not through great councils or wise heads, but by the hands of junior officials. Wise heads are (on occasion) hired to look after great matters of state, but they are not the ones putting it into effect. They are at the mercy of those junior clerks. The junior staff are not privy to the policy priorities from on high, and not really interested – they just do their jobs. It can be a cushy billet by all accounts, so a good clerk will keep his or her head down and get on with a basic service.  Innovation is punishable.

This level is the interface with the public, which puts all into practical effect.

If an activist has appointed herself in a senior role, threatening junior staff with discipline for not following her agenda, they will go along with it for an easy life, though they may disagree, and even if that activist civil servant has no authority for her action.

More important are the natural processes of recruitment. Everyone has his or her own interests and priorities. There is a section of the Home Office dealing with nationality and immigration: one can imagine who would apply to work in it, and that is reflected in actual staffing. Likewise for many specialist areas. The minister may change, and have new, fresh ideas, but the staff implementing it have their own ideas and they have not changed.  It may be a molecule-thick layer on the water, but all the pronouncements of government are choked before they reach action and the public.

On occasion something dramatic happens:  when an immigration crackdown was announced not long ago, many junior civil servants protested and said they would refuse to implement it. It is rarely so explicit though: The Windrush Scandal was not caused by any order from the Home Secretary to deport those who had arrived here lawfully in a past generation, but by junior staff implementing a version of the rules, either idiotically or, one suspects, maliciously in order to discredit the whole scheme; and it worked.

I should not concentrate on that one areas though – it is not of particular interest, and serves only because of the scandal.

In many areas of government the same shallow-state effect is visible: stifling policy, stifling innovative thinking, and allowing just a few activist staff to have a wider impact. The government machine is too vast, too Byzantine, for it to be any other way.

Can fraud in social security or the National Health Service be curbed, as every government promises?  Not when staff are just getting on with their jobs to process applications as quickly as possible, and not spending time examining the minutiae or questioning suspicions, and not while they are kept afraid of accusations.  Ministers are as distant from the tasks for which they are nominally responsible as is the director of a multinational concern from the teenagers who serve their burgers. They may shout, but all the layers of insulation between them and the actual doers will muffle them entirely, and the junior staff will just get on with their jobs.

Kemi Badenoch has spoken to the Alliance for Responsible Citizenship that government should ignore extremist lobbyists – but she cannot do anything about it, because the real government are the junior staff at the public interface.

The opportunities for activists to fill the power vacuum is clear. They need not be in a supervisory role: someone in a back office wrote the coding that resulted in some government agency webpages having dropdowns that included ‘Islas Malvinas’ and ‘Occupied Palestine’. No one was tasked with checking and intervening. That at least appears to have been resolved after it was brought to higher attention. Many low-rankers are in the meantime still writing ‘guidance’ notes, enforced as iron law, forcing their own ideas on the junior staff, with no authority to do so.

We read of an employee of ACAS, a government agency, hounded out and slandered when he questioned critical race theory: race-hatred was to be enforced as unquestionable dogma, by the authority delegated by a Cabinet Minister. The tribunal was astounded, but ministers nominally in charge did not even notice. It is no part of government policy, and indeed has been condemned by ministers, so who is in charge, and why are they not removed?

The permanent, non-political civil service is not then to be seen in the great mandarins treated nominally with reverence, but collectively in the most junior layer, whose hands do all, working away at their tasks, keeping their heads down, insulated from the politics afar off from them. They are the single, thin layer that interact with the public, collectively stopping anything from changing.

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Anti-Conversion laws

Laws to forbid conversion have become disturbingly common. They may nominally be directed at conversion by force or fraud, but the reality is a desire to ban any activity. The practicalities for the individual are concerning.

Several states in Asia have laws to punish conversions, aimed at stopping people from becoming Christian. The rhetoric is that conversions are driven by bribes or dishonesty or other methods which are unknown to Christian missionaries: cruel therapy, blackmail; or seduction by beautiful girls is one lurid example. Having made the anger of the legislators rise with such stories, anything can be forbidden. Even private prayer may draw a prison sentence or an angry mob.

I have known plenty of people who, in a midlife crisis, have turned away from a lifetime of Christian devotion to find new spirituality in exotic gods. Will the activists demand that in this case he must have been a pagan from birth?  Once captured by one side, he can never be invited to a church fete again for fear of forceful reconversion.

I have known others who embraced the Asian aesthetic in their excitable youth and declared themselves to be Buddhist and then when more matured have found that actually this was a youthful folly and their heart lies with the Gospel of Christ. For young women who self-identify in this way this way in teenage, 70% change back later. Would I be clapped in irons for inviting them to church, or for praying for them?

Just a few years ago there was a lifelong Church of England vicar, who suddenly became a Hindu: he was shocked and offended when the bishop suspended his licence to preach. These days I wonder if a bishop would dare; he might celebrate diversity in the priesthood.

The idea that one is born as a particular religion and by an iron law will remain of that persuasion ones whole life is a nonsense; a demonstrable falsehood, of which we all have examples from our own experience.  The Roman Catholic teaching that allegiance to Rome is branded indelibly on the soul by the water of baptism is just a way to frighten those who may stray. For proponents it is (as Gibbon might have said) a “necessary fiction”, without which their whole rationale falls.

What then of the man who shuffles embarrassedly to his vicar or a counsellor and says that he has always been a Christian, as plenty of girls could testify, but lately he has been having thoughts about cycles of rebirth, and could the counsellor help him to rid himself of these unwanted feelings? Can a Tibetan lama then leap upon him and claim that these feelings are proof that the man is a Buddhist and has always been from birth, and no one shall be permitted to convert him?

The truth of religious preference is that it is not in the strict categories its advocates pretend: it is a swirling, ever-changing sea of senses and  responses which , taken together, may be characterised as generally one name of another. Even for those of us who have always been exclusively Christian, I may waver year to year over Arminian ideas, or annihilationism, or degrees of acceptance of figurative art; which is normal, healthy development. Others go further in their wandering deep reactions, which should be accepted too and not punished by law.

In India such laws against conversion practices started in the princely states to impede Christian missionaries. Allegiance declared in the impetuosity of youth had to be caught and frozen when otherwise at mature reflection might embrace the promises of the Gospel. Personal development had to be impeded by the policeman’s boot.

Once one state has adopted such a law, the pressure comes on others not to be left behind. It is an outrageous law, but once normalised in one place, there is no outrage heard. An activist will portray a failure to enact a conversion ban to be the outrage.

Could we see such a thing in Britain?

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Lashings of a wounded tiger

“Hark, hark the dogs do bark; the beggars are coming to town –
Some on commissions and some with petitions,
And all with an earnest frown”

Clearing out the Augean stables of Whitehall is no mean task, so embedded are those who foul them. Eleven years of Conservative government, and nothing visible has been done about it, until recently. There must be a change, because the beggars are fighting back.

Until Boris came along, it was understood that the head of Harriet Harman’s Equality and Human Rights Commission would be a self-selected social justice warrior with the unique take on equality and rights that the left have, but no – it now has a level-headed chairman who actual believes in the brief, about equal treatment, and respecting diversity, not suppressing it.

Other posts too have started to fill with either conservatives or politically neutral nominees with brains and determination to do their jobs for the benefit of all, not to push specious philosophies, and not with non-entities who will fold before threats from social justice warriors in their teams. No wonder the embedded lefties are furious. No wonder they are working hard to reshape the landscape while they can.

Yesterday, the Home Office cancelled a series of training seminars run by a notorious race-hustler who has personally insulted the Home Secretary and belittled her family’s race. Naturally, she had been hired to talk about racial equality in the workplace. It is a bit like hiring Al Capone as an expert in avoiding police corruption. This cancellation was only after the lecture series was exposed by the eminent blogger Guido Fawkes – otherwise we have every reason the think it would have gone ahead, along with many others from worse hustlers than this one. The cancellation is a start, but how many more such seminars are still on the calendar.

I have met enough civil servants to have some sympathy with their position. They know that they do not understand all the things that are put in their hands and they need external expertise. Sharks are circling as they reach out. If you advertise ‘We need to borrow some cash’, it is not Barclays who will knock first but Micky ‘The Razor’ Fraser.

Who then is hiring people like Afula Hirsch in spite of her appalling reputation? It might be a junior clerk with Google as his expert. It might be a determined, embedded wokeist seeing an opportunity. They might just submit the name with an innocent face, or threaten accusations in the familiar way. Threats of denunciation should be regarded as bullying; a sackable offence.

The tide of wokery is intensifying, not because it is on a roll but because its position is under threat. The Spanish Inquisition was started not when Rome had a secure monopoly on ideas, but when it was threatened.

We must expect therefore a greater push for Critical Race Theory and Gender Awareness propaganda for years, and if it is not met with a forceful pushback, it will seize the narrative, and the appointments process. Minsters are in charge of every aspect of their departments, and must make their authority felt.

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Memo from the Minister

“This instruction applies to all staff of the Department and of all agencies and boards under its purview, both to civil servants and contacted staff. Any breach will be a serious disciplinary matter.”

A culture war has begun, to dig in and assert established positions in each Ministry before the new minister has sat down.

A Minister is responsible for everything which happens in his or her department: he or she is not just a figurehead to give a general steer, but executive commander of all the Department’s actions, with a duty to direct the minutiae.

Therefore when staff in the department start urging their colleagues to embrace dangerous pseudoscientific ideas like Critical Race Theory, it is as if the Minister himself has commanded it. That, it is reported, happened in the Ministry of Justice this week, pre-empting the arrival of the new Minister. It is happening all over. Though the ‘Social Justice Warriors’ are embedded everywhere, they can be dislodged.  Each Secretary of State should issue a firm order to all staff, and I suggest:

This Department operates on the basis of equality in diversity. In public actions there must be no discrimination on the basis of irrelevant factors, not those in the Equality Act nor on the basis of political and social opinions, or personal priorities: we treat every British citizen as an individual, not as a passive representative of a nominal group.

Equal treatment also applies to internal staffing, with the proviso that an individual must be able properly to perform his or her tasks in accordance with instructions: their personal opinions must not interfere.

Bullying is a serious matter and should result in disciplinary action. This includes where anyone is ostracised before his or her colleagues or threatened with ostracism, disciplinary action or disadvantage by reason of their rejection of a colleague’s socio-political doctrines or priorities, in particular if it is a doctrine which the Department explicitly rejects. If the bully is in a senior position it is more serious still.

No one may be disciplined nor disadvantaged for expressing matters in modes of speech their colleagues dislike. An attempt to have a member of staff dismissed or disciplined for such petty reasons is itself a form of bullying and will be treated as such.

No person shall be disadvantaged in terms of promotion or placement by reason of their rejection of the doctrines the Department rejects.

The Department rejects racial theories and also ‘critical race theory’, ‘intersectionality’, ‘social conflict theory’ and all other doctrines which posit a social conflict between nominal groups or a privilege attaching to any racial, cultural or social group. Staff may individually hold and express these opinions privately, but must not express them as if from the Department or government, nor promote such doctrines as if from the Department or government.

Because every email from a Departmental email address and every internal memorandum may be considered by the recipient as one from the Department corporately, care must be taken with every email. No member of staff may send any email or memorandum suggesting acceptance of a social conflict doctrine unless it is explicitly expressed as being the sender’s personal opinion.

Diversity of approach is important for the Department’s work and so, beyond what is set out above, so we should try to ensure the staffing of groups with ‘neurological diversity’, with diversity of opinion and of priorities amongst staff, and to counter the natural tendency to staff our teams with those who think like us.

All training courses and material based on a rejected doctrine shall be cancelled forthwith and no others held, and no one may circulate from a Departmental email address an invitation to such a course or to view such material.

We will not subscribe to nor fund any external scheme which implies that the Department subscribes to any  set of political, social or philosophical beliefs, whatever they are.

Any breach of these rules will be a serious disciplinary matter.

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