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    Challenging the Convention convention

    One of the side deals done in the attempts to form a government was to send the issue of the 8th amendment of the Constitution to a Constitutional Convention. The issue was raised by Labour, though just 2% of voters said it was the main determinant of their vote. Convening a convention is a good and practical idea, but not for the reasons we usually think. The Constitutional Convention – to which I was an academic adviser – has been much hyped, particularly by those directly involved. It was established in 2012 to discuss proposed amendments to the Constitution and was mandated to consider eight specific issues and selected two additional matters. The government was not obliged to proceed with any proposed amendment but had, at least, to ensure parliamentary debate on each. Normally such reviews of the constitution involve academic experts and elder statesmen. This one involved 100 people: 66 randomly chosen from the population, 33 representatives from parties and a government-appointed chairman. The mechanism through which it was to work to be by deliberation, currently fashionable among democratic theorists. Deliberative mini-publics or citizen juries are thought superior because a representative sample of the population considers arguments in a reasoned way. If representative democracy (electing a parliament) does not allow citizens to decide on issues, and direct democracy (referendums) asks citizens to decide without proper consideration, deliberative mini-publics ask a small number of citizens to consider an issue, the arguments and the evidence in some detail. By using deliberative mini-publics it derived a special form of legitimacy that according to one proponent, James Fishkin, delivers a representation based on political equality. It’s what we would choose if we gave each issue the time, evidence, reason and respect it deserved and where no special interests were prioritised. The idea sounds laudable, and for many involved in the Constitutional Convention the experience of deliberation was a positive one. But we should remember that the decision in 2011 to create one was rooted in political expediency – to defer a decision on issues that the parties agreeing a programme for government could not agree. This is again the case in 2016 as divided opinion within Fine Gael make it expedient to send the ultimate divisive issue, abortion, to a Constitutional Convention. It is a practical way to insulate the parties from the hordes. It also appears to give legitimacy to any subsequent referendum on the 8th. Quite why gathering randomly-chosen people and asking them to discuss something for a weekend is perceived as more legitimate than asking our elected representatives to make that decision is moot. It says more about the low esteem in which party politics is held than it does about the merits of a Constitutional Convention. Moreover, the actual process used by the Irish Constitutional Convention I was a part of in 2011 was often flawed, and the idea that a deliberative mini-public will make some objectively ‘good’ decision is unsound. It is of course impossible to say what the ‘right’ answer is for an issue such as abortion. Reasonable people starting with different, and largely untestable, beliefs will come to different conclusions. We cannot deny the right of another to hold these beliefs. Even in the much less controversial area of what is the best electoral system reasonable people can disagree. The ‘best’ system depends on what your priorities are. And even if we agree on priorities we cannot be certain how an electoral system will work, in practice. It isn’t as predictable as planetary movements. If the ‘right’ answer is not something we can definitively judge on the basis of outcome, we are left depending on its democratic and procedural legitimacy. The claim that deliberative mini-publics choose what the rest of us would if we were to think about the issue properly is empirically uncertain. Some research shows that the act of deliberating with others has an impact beyond exposure to arguments or evidence. That is, people given the evidence and arguments don’t move as much as those who are asked to discuss that evidence and arguments with others. This sounds like something positive for deliberative mini-publics. But it might not be. Usually we ask more than just one person to make decisions because we assume that a large number of people coming to the same conclusion is more likely to be right. That’s the logic behind juries. If 12 people independently think you’re guilty, the likelihood that you’re actually guilty is high. But independence is key. A problem with juries, including citizens’ juries such as constitutional conventions, is that the logic assumes that the people form their opinion independently whereas they actually characteristically collaborate to come to conclusions. Because they are not independent, problems of the same flawed thinking and arguments can be magnified. For instance we could see the citizens in the mini-publics engage in groupthink. Some opinions might be aired, but can be effectively suppressed by the atmosphere in the room. There is significant evidence in social psychology that groups can push opinion to extremes and silence minority opinion. To prevent this, great care has to be taken that all views are respected. While the Irish Constitutional Convention tried to ensure that deliberation was respectful, open and comprehensive, it wasn’t always possible. The financial and time constraints meant that far less time was given to issues than should have been. The Convention was chaired by Tom Arnold, a charming and remarkably well-connected political insider. He ensured the Convention was well-managed and didn’t produce any politically challenging decisions. Even reasonable issues and objections were closed down in order to keep within time restrictions. For example on the issue of marriage equality, a minority conceded that they had lost the argument but were concerned that a redefinition in the constitution might oblige teachers and religious schools to teach any new constitutional definition and not the one they believed in. They requested a vote on a motion that would state that the Convention wished to respect

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    The whip subverts the Constitution

    “The people have spoken, but what have they said?”, the head-scratching commentariat has endlessly mused since the March election, as it reluctantly negotiates a changed universe where politics once existed in a binary-star system with just one waxing or waning moon and the occasional incoming independent or ideological comet to exert some short-term gravitational influence upon the status quo. But with the earth having turned since that conundrum was posed and with the arrival of the cuckoo, the citizenry can, for now, sleep soundly in the knowledge that – following the longest bout of post-electoral plutonic dance – the 32nd Dáil looks set to perform the second and third of its constitutionally mandated duties. It will elect Enda Kenny as Taoiseach and approve the motley cabinet crew- cuckoos included – that he looks likely to nominate. The incoming meteorite that was the people’s conundrum for the establishment has resulted in history of sorts being made. The civil-war hatchet has been, if not buried, hidden in the thatch and the Soldiers of Destiny will abstain in Kenny’s re-election vote: That is, provided Kenny can muster a scourge – the collective media noun for those dreaded pot-hole focussed independents – to support him. And the old enemies have even entered a “Confidence and Supply” arrangement whereby FF will assist – if not support – Kenny’s government from the curiously comfortable confines of the opposition benches. Of course the electorate has only itself to blame for ignoring the Newtonian script and creating the gravitational dynamic that has Fianna Fáil – the party of power – being attracted away from the nest by the pull of Sinn Féin nibbling at its bum and a large cohort of uncontrollable and unpredictable independents and smaller parties exerting unexpectedly strong pull on the solar system. But even now, knowing the new physics, the media pack continues to scratch its collective head. Is this a crisis or a correction? How can a country be run without a single party government or ’proper’ coalition rooted in an overall Dáil majority? And how will the influence of those looney but gravitationally significant independents – both inside and outside government – affect the celestial dynamic? But all this musing ignores something screamingly obvious. For instance, few would blame the Lowry-Rae phenomena for the mess the two-and-a-half party system has created – much of it caused by the needs of the political parties themselves: From pick-me-ups to ministerial constituency strokes; from gaping party coffers to unhealthy political/corporate relationships; from re-zoning powers to ‘leave the cheque blank’, and ‘would ye like a pint or a transfer’, the negative influence of parties has permeated society since the State’s inception and has stimulated the forces that have led to the new physics. Moreover, most would agree that a huge part of the problem is that the government controls, as opposed to being controlled by (answerable to), the Dáil through the most corrosive, and possibly unconstitutional, contribution the parties bring to the Dáil chamber – the whip system. But it is usual to ignore this most obvious dysfunctionality whilst branding the vagaries of our system of Proportional Representation, the culprit. The framers of our constitution designed an elegantly beautiful system of power-exercise and transfer which has the people’s sovereign authority at its centre. That power is exercised through the ballot box then down through a structured system whereby TDs pick a Taoiseach, then approve a government and then discuss and approve legislation mostly, but not exclusively, presented by that government. There are no political parties and no opposition in this elegant scenario. TDs represent constituents and the government represents those TDs. And yes, it is necessary to convince 79 TDs to support individual measures to get them passed – but it doesn’t have to be the same 79 each time. And the gravitational force that keeps the planetoids in orbit and avoids heavenly collisions should be the desire never to face the electorate unless absolutely necessary. Here’s how we should use that Constitutionally- mandated construct to revive our politics. Article 16.2. 1° of the constitution suggests that all TDs should be independent, as it states that “Dáil Éireann shall be composed of members who represent constituencies determined by law”. The practice whereby Dáil candidates fetter their hoped-for discretion by signing party pledges to abide by whips must surely offend TDs’ Article 16 obligations. What the new dispensation has licensed may prove difficult in the short term but will only represent a transitory phase in the loosening of the grip of party politics on our democracy. Political power should be exercised by our elected representatives for their constituents’ benefit and not the parties they have manufactured around themselves. The people have, indeed, spoken, but is anybody listening?

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    Water campaign is class warfare

    “For good and bad Kelly killed the issue [of water charges], even if tens of thousands of diehards continue to protest the principle at occasional marches in Dublin” (Village, May 2015) Alan Kelly got it wrong. The mainstream media got it wrong. Village got it wrong. They were united in the rhetoric that water charges were environmentally progressive and that the non-payment movement would go down to defeat. In Alan Kelly’s words, “Ruth Coppinger and her band of people will lead people up to the top of the hill and then abandon them”. Instead, the movement has forced the suspension of water charges. They are very unlikely to be re-imposed in the course of this Dáil. Fine Gael salvaged what they could – the continuation of Irish Water. The project of commodification of water is badly damaged but remains intact to make a return at a more opportune time. In response, a whole new genre of writing has been spawned – one bemoaning this suspension, which “embodies all that is wrong with Irish politics” (the headline on Una Mullally’s opinion piece in the Irish Times on 27 April 2016). Competition for the worst example is fierce, but the winner is arguably Daniel McConnell’s who concluded in the Irish Examiner on 30 April“… this is why we need the Troika back in town”. This is the gratifyingly honest logical endpoint of the denunciation of ‘populism’ (read: ‘democracy’). Village will undoubtedly join in, but in a more ‘progressive’ tone. The arguments are predictable. We need increased investment in water infrastructure and water conservation. Yes, clearly, but why water charges, which lost money, and borrowing by a semi-state at higher rates than direct state borrowing would increase spending on infrastructure is never explained. The evidence of the limited impact of charges on usage by comparing Ireland and Britain is ignored. The significantly greater impact on conservation, but at a cost to developers and builders, of proper building regulations is not addressed. The other favoured argument is to cite the very many things that are undoubtedly more important than water charges. Donal O’Keeffe in The Journal (28 April) helpfully put together a list of ten issues, including homelessness, the living wage and the need for repeal of the 8th amendment. Village has its own list, which includes equality, NAMA and corruption. One could in passing question whether most of those making this argument have ever done anything about these issues either – in contrast to most of the leading figures in the anti-water charges movement who are also active in movements on housing, wages and abortion rights. The key question, however, is whether the movement and partial victory on water charges make change on these other issues more or less likely? The answer gets to the heart of the matter. What is missing from the analysis of Village and others who share with the radical left a wish for a more equal and socially just society, is class. We live in a deeply divided class society, where the ruling capitalist class, through their traditional parties, Fine Gael, Fianna Fáil and latterly Labour, try to implement policies that improve their relative position in society. That’s what water charges were about – shifting the taxation burden from the 1% to the 99%, as well as preparing the way for privatisation. In this capitalist world, we can’t choose the issues upon which major class battles and possible victories turn. This was the case for water charges – because of the timing of their implementation when recovery was being loudly announced and because people could resist easily and effectively by refusing to pay. A victory for our class over their class on any important issue makes it more, not less, likely that further victories can be won. When Enda Kenny asked “it’s not about water, is it?” he was right – it is about bank bailouts, payments to bondholders and seven years of crushing austerity. Suspension of water charges is not just about water either then. Irish politics has changed quite fundamentally as a result. A people-power movement of mass civil disobedience, of course with many flaws, forced the establishment back. Having experienced a victory, however partial, it is not likely that working class people return to the role allotted to them by capitalist ‘democracy’, voting every few years for parties which pretend to represent their interests and sitting passively waiting for the next election. An active, politicised and confident working class can score further victories against a weak minority government on housing, precarious working conditions and abortion rights. It is also likely to generalise from the experience of these movements, developing towards the kind of broad class consciousness that is essential to win socialist change.

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    Depressing and uncertain

    After almost seventy days wandering in the political wilderness the two largest parties have finally agreed a programme with a 30-month timelimit. As Village was going to print the programme was being supplemented with whatever concessions are necessary to attract at least eight independents into the Fine Gaelled minority administration in a ‘Programme for Partnership’. But it was clear that it is a broadly centre-right deal. This reflects the largely indistinguishable ideological orientations of the two parties and sets out a range of proposals on the economy, public-sector pay and services, jobs, housing, crime and water. A fiveyear strategy for the health service is presumably intended to avoid the annual Health Services Executive cost overrun which destabilises budget planning.  Among its principles, the document has Fianna Fáil agreeing to permit the election of a Taoiseach and cabinet, to facilitate up to three budgets and to abstain or vote against on any motions of confidence in the government, its ministers or significant financial measures. In return, Fine Gael agrees to publish any deals it makes with Independents or other parties, allow the opposition to present bills without government obstruction and avoid policy surprises. Crucially, it accepts “that Fianna Fáil is an independent party in opposition and is not a party to the programme for government”. This particular figleaf is presumably intended to allow Michael Martin to pretend to his party members and supporters that he is not responsible for whatever the government does though Fianna Fáil has effectively written much of its agenda. In other words, Fianna Fáil is hoping to maintain its position of lead opposition party while ensuring that Enda Kenny, or whoever replaces him within the coming 12 to 18 months, sticks to implementing the policies contained in the eight page document. Clearly the agreement cannot include provision for the unexpected events that are certain to erupt over the coming three years or indeed for the outcome of the Brexit referendum in Britain, the ongoing refugee crisis in Europe or the outcome of the uneasy compromise on water provision and charges. The water can has been kicked under the bridge but will still cast a shadow over the minority government which will have to deal with the recommendations of the expert commission it will establish within eight weeks of its appointment and which will have until early next year to compile its report. The outcome is the ultimate in political fudge since the findings will be put to an Oireachtas committee and then to an Oireachtas vote sometime in the late Spring of 2017 if the timetable is realised. With the certainty that any proposed charging scheme will be opposed by a majority of TDs and senators the policy programme has included a convenient contingency which states that “those who have paid their water bills to date will be treated no less favourably than those who do not”. Realistically this signals the end of the shambolic charges regime imposed by Irish Water and the outgoing government and its probable replacement in a subsequent budget by a new household/property/utility tax. All of this hinges on the willingness of Fianna Fáil to allow this new dispensation where it seeks to influence the policy direction of the government, including a budget division of 2:1 in favour of public services over tax cuts, while sitting on the opposition benches posing as an alternative administration in waiting and dreaming of the next election result when it hopes to increase its tally of TDs to the mid-sixties. Martin and his more far-sighted colleagues also know that there is no longer a likelihood of any single party gaining a majority to allow it form the type of government Fianna Fáil used to dominate and are prepared to envisage a similar arrangement next time around, with FG as the facilitators. It’s either that or full-blown coalition with the blueshirts. However, they are also watching their backs and know full well that Sinn Féin, the other left parties and independents who do not sign up to Kenny’s temporary little arrangement will not give an easy ride to the new minority administration, and are certainly not obliged to. Equally, those independents who join government, mainly of centre-right disposition – or of the well-known disposition that allows the sacrifice of left-wing principles for a seat, or influence, at the cabinet table – are likely to get nervous if events don’t work out as planned. A failure to realise their ambitions, whether local or national, as the minority government totters unsteadily towards its near-three-year termination date will mean almost certain defections from the depleted ship of state. Add to that the potential for industrial unrest, as workers demand a greater share of promised recovery, continuing anger over the homeless, housing and health crises and general dissatisfaction at a weak administration unable to cope with big issues like climate change and international developments and you have a recipe for uncertainty. Not a lot to look forward to.

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    (Water)rors

    For years vital Irish public services were consistently starved of funding at a time when taxes were being cut for electoral reasons. This is unfortunate but it has consequences which cannot be denied, whatever the ideology of the (non-)payer. Keeping water prices at an artificially low level leads to a vicious cycle of underfunded service-providers, insufficient investment, collapsing infrastructure and deteriorating services, according to the European Environment Agency. If this sounds bleak, that’s because it is – cheap or free water has been tried before. It doesn’t work. Irish Water’s five-year business plan proposes to spend €5.5 billion by 2021 on national priority schemes, on fixing leaks, on improving drinking water quality and on reducing pollution through sewage outfalls. Indeed it says that €13bn needs to be invested over the next 10-15 years. A flickering insight into what this means is that despite dominating the political discourse and its angst for several years, only €110m has been collected over the last two years. Diligent payers are in the lurch. Social Democrat TD, Stephen Donnelly, was on the mark when he suggested recently that: “Anyone who’s paying out €160 is essentially being asked to go out into their front garden and set fire to the money”. One of the problems is that Irish Water was so badly thought through. Phil Hogan, the minister, rammed the Bill for it through in three hours, after the opposition walked out. Of course consultancy and PR charges were scandalously inflated, metering seemed disproportionately expensive, the underlying principle of the polluter paying was undermined by the setting of standard charges and a misnamed conservation rebate was applied to the bemusement of all. The problem is homegrown. There is no infirmity in the EU regime which we purport to be implementing. Under the EU water framework directive the aim of water pricing is to “provide adequate incentives for users to use water resource efficiently”. “Social, environmental and economic effects” can shape these price levels; what is required from user groups is an “adequate contribution”. Of course one of the reasons for forming a commercial company was that it would be able to borrow without the loan registering in the now-EU-constrained national debt. This was a logistical imperative in itself and never implied that increasingly unfashionable privatisation was the covert agenda. In a country where referendums on for example property rights and protection of national resources are long overdue calls for a referendum enshrining Water alone as a resource which can never be privatised are little but cynical populism. The longer water charges are suspended, as a wily public reserves its rights during the party-political maneuverings, the greater the overall cost to households. This is because eroding the incentive to save water raises consumption and therefore demands more pre-treatment, pumping, post-treatment, elevating the cost which must be borne by someone. Charging works. In the Czech Republic, following charging reforms in 1990, household water consumption fell by 40%, from 171 litres per person per day to 103 litres a day, in the subsequent 12 years. Denmark, which extended volume-based charging in 1993, had much the same experience. In Ireland, losses to leakage are 49pc, almost double the 28pc in Northern Ireland where there are charges. Figures from Eurostat released in November 2015 suggest the average person in Ireland accounts for 400 litres of water use a day (146,000 litres a year), some five times higher than in Belgium. 1% of households use 22% of water, 7% of houses uses 6 times the national average of water and one house in Galway notoriously used the water allocation expected for 325 houses. Until 2013, water was the responsibility of 34 local authorities. The Republic has 856 water-treatment plants, Northern Ireland gets by with 24. 600 of our treatment plants are earmarked for closure, but the process is slow and expensive. Operating costs, expressed both in terms of population and kilometres of network, are almost double those at Northern Ireland Water. Meanwhile for example the Vartry tunnel (1860) in Wicklow, a 4km tunnel bringing drinking water to 335,135 people in County Wicklow and County Dublin needs to be replaced. A planning application has been submitted for a new tunnel. Meanwhile Dublin is vulnerable. Elsewhere, more than one-in-ten public supplies are inadequate, with, for example, thirty Kerry plants requiring attention. But there are problems with more than just supply and wastage. The pollution record caused primarily by insufficient funding is little short of calamitous. 30% of our 13,200km (8202 miles) of rivers and streams are polluted. In general, while Ireland treads water (charges), standards are getting increasingly stringent under the Water Framework Directive. Moreover as of 2012 less than 50% of lakes and transitional and coastal waters met EU standards for a ‘good’ or ‘high’ rating under the Bathing Water Directive. Furthermore the EPA’s Urban Waste Water Report 2014 found waste-water discharges contributed to (indictable) “poor water quality” at seven of Ireland’s bathing spots. Discharges from Youghal, Clifden and Galway city contributed to poor quality bathing waters at Youghal Front Strand, Clifden beach and Ballyloughane beach respectively. The same was true at South Beach, Rush, Co Dublin; Ardmore Beach, Co Waterford; Lough Ennel, Co Westmeath; and Duncannon Beach, Co Wexford. A recent Prime Time highlighted raw untreated sewage being pumped into the sea in the case of Rush, an expanding town of 9,000 people. Along much of our coast, semi-treated sewage is discharged through what appear to be streams. Children mistake these for attractive play areas. In Co Kerry alone, there are at least eight vulnerable beaches. E.coli risk will not materialise every year, and programmes to monitor and close beaches are in place. In fact, raw sewage is being discharged into 45 rivers, lakes and coastal areas around the State, the Environmental Protection Agency (EPA) has said. In 2013, there were 704 reported cases of verotoxigenic E.coli, a harmful bacterium. Some 5% to 8% of those affected suffered serious kidney complications. One in 20 of those died. Water-borne E.coli in Ireland

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    Blueprint for the unemployed

    ‘Sharing in the recovery’ was the big theme in the work of the Irish National Organisation of the Unemployed (INOU) in 2015. Our members and affiliates, the users of our services, and participants in our regional Discussion Forums and training events were all clear that this recovery had yet to be experienced by many people dealing with unemployment. There was a strong sense that the job recovery is urban-based and not evident in rural areas. Still, people living in disadvantaged urban areas noted the lack of visibility for any recovery in their communities. We need a Government that is serious about supporting unemployed people, their families and their communities. Any such commitment will only be credible if it is seen in action. The INOU have identified four key issues to be addressed. Firstly, they must strive to create an equitable and inclusive society. The second highest rate of discrimination was reported by people who are unemployed, at 23%, in the Central Statistics Office August 2015 ‘Equality Module’. This discrimination festers the absence of any protection. There is no ground in the equality legislation related to employment status and, therefore, no way for these people to challenge or change this experience. This first step for the new Government must be to commit to an equitable and inclusive society. The incoming Government should add socio-economic status as one of the grounds protected under the Employment Equality Acts and the Equal Status Acts so that unemployed people receive the full protection of this legislation. Linked to this, the Government must hold a referendum to enshrine economic, social and cultural rights into the Constitution, as already recommended by the Constitutional Convention. Secondly, the Government must support unemployed people to achieve a minimum essential standard of living. Given the impact of unemployment on people’s lives, it is critical that unemployed people receive social welfare payments that ensure they can meet their needs. ‘Jobseekers’’ payments must be restored to their 2009 levels. The age segregation applied to ‘Jobseekers Allowance’ payments in 2009 must be reversed. Further steps must be taken to protect unemployed people’s incomes. People whose primary source of income is their social welfare payment should be exempt from the additional charges introduced during the economic crisis. Rent Supplement and Housing Assistance Payments should be increased to more realistic levels that would support people to access accommodation. The third step that must be taken is to deliver better services for unemployed people. It is critical that these services enable them to make informed choices. Good career guidance, the provision of which would support unemployed people to access appropriate education and training and ultimately get a decent job, is a critical element. Frontline staff must be adequately trained to provide a top class service. A service that is built around the needs of the unemployed person is required: a service that provide additional supports to enhance unemployed people’s participation in education, training and employment programmes and ensures that this participation is by choice. This would lead to the more efficient and effective use of the resources. It would create services for which both providers and users would have a high regard. Community organisations play important roles in the delivery of services to unemployed people and others experiencing social exclusion. During the crisis, a lot of their funding was withdrawn, at a time when the demand for their supports was increasing. The new Government needs to acknowledge this work and re-invest in these community organisations to support the growth and development of their work on tackling inequality, poverty and social exclusion. Fourthly, the new Government must ensure that unemployed people can get decent and sustainable jobs. The creation of decent and sustainable jobs, jobs that pay a decent wage, must be prioritised and maximised. Employment programmes that serve as a stepping stone to such jobs must be developed. Action is needed with participants, providers and employers to secure better outcomes from such programmes. Part-time work can be a meaningful option for unemployed people and, in some regions, possibly the only option. It should be facilitated through tailored employment and social protection supports. Self-employment can be an important access point to the labour market for unemployed people experiencing exclusion because, for example, of their age, their ethnicity, or their locality. Their access to supports must be improved to make self-employment a more viable option for them. Brid O’Brien is Head of Policy and Media with the Irish National Organisation of the Unemployed

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    The Gallo way

    I keep meaning to make a list of a certain category of politician: cataloguing those who wasted my time over the past 20 years, leading me on about seeking ways to extend fairness and justice to fathers, with dozens of whom I’ve sat over copious coffees while they took elaborate notes of the nature of the problem before going away and either doing precisely nothing or making things worse than before. Most of them I never heard from again, and now they cross the street when they see me coming, which is merely half-appropriate because, if they wanted to depict the situation accurately, they would need to cross the street not once but twice, a double-cross, except then they would have to encounter me and stare at their shoes in what you would be wrong in thinking shame. Last month, for the first time, I met a politician with whom I knew I was not wasting my time. Unfortunately, through unsurprisingly, he was not an Irish politician, but a British one, a Scot in fact, by the name of George Galloway. Since I invariably get irritated when people who come up to me in public begin by assuring me that they don’t agree with me “about everything”, I don’t intend to list the things I disagree with George Galloway about. And yet I have long had a snakin’ regard for his fiery eloquence, his polarising passion, his capacity to rile the kind of scoundrel who needs riling till the pips squeak, which often occurs when the subject of George Galloway comes up. George Galloway and I shared a Fathers4Justice platform in London on April 27th, along with the former EastEnders actor Mo George, Vincent McGovern of Families Need Fathers, Danny O’Brien of Anti-Knife UK and Matt O’Connor, founder and leader of F4J. The theme of the evening was ‘London: the Fatherless Capital’, with special emphasis on criminality and young fatherless men. Galloway seemed by then to have accepted that he was no longer a runner in the London Mayoral stakes, which has narrowed into a two-horse race (with George apparently a very distant third). The reason I felt confident George Galloway was not another time-waster was that I had heard that he had himself become a casualty of family-court anti-father tyranny. Now on his fourth marriage, he has been in dispute with a former spouse concerning what is termed his ‘contact’ with children born to that marriage. He made it clear at the outset, and reinforced the point more than once, that in anything he said about courts or the anti-father culture, he was not referring to his own situation. I spoke before him, and made some general points about the context of the savagery encountered by fathers who seek protected relationships with their children in non-marital or post-marital situations. I touched briefly on my own experience of the delightful family law jurisdiction of England and Wales, and the quaintness of this residual capacity for tyranny in what otherwise appears nowadays a relatively civilised country. For a long time, I said, I had naively thought of the problem as a ‘cultural oversight’ – an example of an unattended-to injustice which, once highlighted, would quickly be rectified. After nearly 20 years of banging my head on various solid walls, I came to realise that what was happening was not in the least a cultural oversight, but part of a planned assault on the very citadel of parenthood.   Galloway is an engaging speaker – good pacing, well-timed pauses, resounding cadences, arcs of rhetoric washing over his audience, easy on the ear even when you don’t much like what he is saying. I liked him far more than I expected. He’s real, not a realpolitik robot. He picked up and emphasised a point I had made about the issue not being ‘fathers’ rights’ but rather the mutual rights of fathers and children. “And if fathers are not getting justice”, he said, “that means ipso facto, to use a Latin and legal term, that the children are not getting justice. As John says, my child and my child’s rights are the same thing”. He went on: “I’m told that I don’t have any rights: it’s the child that has the rights. Well, I reject that. I have a right as the father of a child. The child is mine. It’s my blood. It’s my DNA. What do you mean, I don’t have any rights? That you, a total stranger, will decide on behalf of my children what will happen in their lives? What is a father? Just a cash machine?”. The word “contact”, he spits out like a broken tooth. “I don’t want ‘contact’ with my child, like I was a visiting uncle, or a social worker. What do you mean contact? That child is mine! Contact? I don’t want to be told, ‘You are precisely seven minutes late in bringing your own child back!’ I don’t want to be told, ‘You can pick your children up at school, but only until I move, maybe hundreds of miles away, and then you’ll never see them at school’. I don’t want to be told, ‘You can have overnight contact this week but I don’t really like your new wife, so I’ll start to take a different approach and you can do nothing about it’. And you know that if your wife leaves you and moves in with a complete stranger, that stranger has far more rights with regard to yourchildren than you, their father. How can that be justice? The law is an ass. And the fact that it’s secret is surely an affront to any idea of justice. Secret justice is not justice at all. The Magna Carta, 900 years ago, surely established that, because when it’s secret no one can criticise the decisions that it makes, because no one knows of them or can know of them”. The solution, he says, is: “The bleeding obvious: There’s actually an easy way to

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