Thursday, 26 December 2024

Nolan Principles, busybody fines, and cancelling elections

 


In the last week or so, three tidbits of information have passed across my desk. Each is interesting in itself. But put together, they tell a story. And even, maybe, suggest a small but key part of a strategy towards getting rid of the broken political system we are currently forced to live under, and replacing it by something that can work for ordinary people.

The Nolan Principles

First, I was reminded (hat tip to Dr John Campbell) of the existence and importance of the Nolan Principles. In 1995, a senior UK judge named Michael Nolan, chair of the newly formed Committee on Standards in Public Life, issued, in response to a request from then prime minister John Major, a report entitled “The Seven Principles of Public Life.”

The full 1995 report can be downloaded from here: [[1]]. The original statement of the principles is on page 14 of that report. A brief statement of the principles can be found here: [[2]]. But the wording, having evolved over the intervening almost 30 years, is significantly different from that in the original report. This wording appears to have been introduced in 2014, and since it matches a 2022 version in the Commons Library [[3]], I shall regard the statement at [2] as being the current master.

The preamble says that the principles: “apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs, aka quangos), and in the health, education, social and care services.” It goes on: “All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services.”

That covers, in my estimation, pretty much anyone whose job is paid for with taxpayers’ money, and who has any influence at all on government policies or on their implementation or enforcement. We, the people in the UK, should therefore be entitled to expect that everyone in government, including politicians at all levels, civil servants in all government departments, those in NDPBs, police, court staff, and all staff in all the major government service providers and their contractors, will keep strictly to, and always bear in mind, these principles in everything they do in their jobs.

Let us now have a look at what each of the principles says.

Selflessness

1)     “Holders of public office should act solely in terms of the public interest.”

There is a question here: exactly what does “the public interest” mean in the context of democratic government? The usual meaning is “the benefit or well-being of the public.” Here, “the public” is considered both as an aggregate, and as a group of individuals, each of whom must receive benefit or well-being. So, I interpret this principle as requiring holders of public office to act for the benefit of each and every member of the public who pay their wages; not of any particular set of interests, including their own and those of their friends.

And how well do they keep to it? An obvious example of one that didn’t keep to it is former Tory MP Owen Paterson, disgraced for his advocacy for companies to which he himself was a consultant, that led to multi-million-pound government contracts for those companies.

But I see two wider questions as well. One, if a political policy goes against the public interest, or its costs to the public are greater than the benefits to that same public, are not office holders who promote or support that policy in grave danger, at least, of breaking this principle? And two, are not disguising, understating or suppressing the costs of a policy, or overstating its benefits, or failing to do a proper cost-benefit analysis from the point of view of the people affected by it, themselves also violations of the principle? Those who do these things are certainly not behaving as “both servants of the public and stewards of public resources.”

Integrity

2)     “Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.”

Owen Paterson, very obviously, broke this principle too. But there is a wider question to be asked, as well. Over recent decades, politicians have repeatedly taken on obligations to, or ideas from, external parties – most notably, the EU, the UN, the World Economic Forum, and multi-national corporations, such as Big Pharma – that result in policies being imposed on people in the UK, that go against our interests. Such policies include all those that have been imposed on us through EU directives, or through agreements with the UN, including its Sustainable Development Goals, and particularly through its World Health Organization. Today, these policies still include, at least, “net zero,” the extremist approach to air pollution called “clean air,” and the WHO’s “vision zero” road safety scheme.

To make commitments to external parties to impose such policies goes against any idea of democracy, or government of the people by the people. So, are those that have promoted those commitments, and supported those policies, not also violating the integrity principle?

Objectivity

3)     “Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.”

Environmental policies, in particular, are set on the basis of political commitments made, without any explicit consent from the people, to external players like the UN and its WHO, not on facts or evidence. And they are set without any regard to their costs, or to the fact that their benefits to the people are highly dubious, if indeed there are any at all. Those that set these policies are clearly violating the Nolan objectivity principle.

But there’s more. In recent decades, successive governments have more and more picked on scapegoats to be punished, without any impartiality or consideration of merits. For example, small businesses were closed down during COVID, while many larger companies and government offices could continue to operate. And I myself have suffered the destruction of my career as a software consultant through a bad tax law called IR35, supported and strengthened by Labour and Tories alike.

Meanwhile, car drivers have been particularly singled out as scapegoats for heavy taxes and fines, with drivers of some new luxury and performance cars about to be hit for more than £5,000 yearly in “vehicle excise duty” from April 2025. And the latest victims of Labour’s schemes of plunder are family businesses, and most of all, farmers.

Accountability

4)     “Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.”

Accountability is another word, whose meaning is not as clear as it ought to be. If A is accountable to B, does this mean that B has a legal right to claim recompense from A if A’s actions cause damage to B? If government is A, that certainly isn’t how things work today! Lack of accountability for the “sovereign” is built in, at a fundamental level, to the Westphalian nation state system, under which we are forced to live today.

But the requirement for “scrutiny” suggests at least that the decisions of office holders should be routinely audited, by independent and unbiased parties, for compliance with this and all the other Principles – selflessness, integrity, objectivity, openness, honesty, leadership. And those decisions that fail the test on any of these grounds should not be implemented.

Does such an auditing process happen today? Not a chance.

Openness

5)     “Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”

The recent machinations of both Tory and Labour governments are, surely, far from open and transparent. How about the Tories’ 2020 ruse that exempted projects labelled “strategic”, including net zero, from any requirement for cost-benefit analysis? Or Labour’s recent breaking of their manifesto commitment not to raise National Insurance rates?

As for information being withheld… There is an entire industry, both within government and nominally private, whose mission is to prevent truths inconvenient to the establishment narratives from reaching the general public en masse. One example of such a truth is the huge increase in excess deaths since the roll-out of COVID vaccines. Another is that the science behind the climate change narrative, and thus behind net zero, is fundamentally flawed.

Honesty

6)     “Holders of public office should be truthful.”

That politicians routinely lie, is today a truism. Tony Blair’s lies about Saddam Hussein’s weapons of mass destruction have even given rise to a popular anagram of his name!

But in my view, honesty needs far more than mere truthfulness. It requires also candidness – that is, telling the whole of the relevant truth. It requires straightforwardness – not attempting to mislead, conceal, confuse or obfuscate. And it requires sincerity – that is, the absence of pretence, deceit or hypocrisy.

Do politicians and other office holders today behave with honesty in all its aspects? Don’t make me laugh.

Leadership

7)     “Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.”

While this is a fine sounding statement, I don’t think it goes nearly far enough. Holders of public office ought always to reflect their stated principles in their own behaviours. They must always practise what they preach. And any kind of hypocrisy is totally unacceptable.

Thus, for example, those that promote, support, make or enforce “net zero” or policies that flow from it, must themselves be seen to live a net zero lifestyle. There must be no flying to (or back from) climate conferences (most of all in private jets), or arriving by helicopter to give speeches on reducing CO2 emissions. Those that want to force others to stop driving cars, or flying in planes, or eating meat, must themselves give up those very conveniences and pleasures. Those, that want to phase out the use of fossil fuels, should themselves stop using fossil fuels, and products made using them, altogether. Yet we’ve never seen Boris Johnson, or Alok Sharma, or Charlie Chump, or Ed Miliband or Keir Starmer, actually wearing the hair shirts they want to force on to others.

Busybody fines

Second, my attention was drawn to two articles in the Guardian. One recent [[4]], the other from the summer of 2023: [[5]]. It seems that some local councils are taking advantage of “public spaces protection orders,” that allow them to create completely arbitrary “busybody offences,” and then fine people for them, to the tune of up to £500. Loitering, falling asleep in public, feeding birds, idling car engines for more than two minutes, and climbing trees are examples of such “offences.”

These arbitrary, capricious fines are made worse by an approach that pays private enforcers on a per-fine basis. And the number of fines has been climbing fast, almost doubling since 2019. More than three-quarters of these fines have been imposed by less than 40 councils.

This is typical of how government in the UK today, at all levels, treats the people it is supposed to be serving. These behaviours are no more than a combination of bullying and legalized plunder. They surely violate selflessness, objectivity and accountability among the Nolan principles, at least. And honesty, too. Moreover, giving enforcers incentives to issue as many fines as possible violates the integrity principle, too. Not to mention violating the leadership principle as well, by failing to treat ordinary people with the respect we deserve.

Local elections

On top of this, there has been talk recently of some county council elections, scheduled for May 1st next year, being postponed for up to a year, or even cancelled altogether.

The ostensible excuse for this seems to be that Labour are carrying on with the Tory government’s schemes of “devolution” and “levelling up.” Now, this is rather curious. Should not among the very first actions of a new government coming into power be to review all projects hanging over from their predecessors, determine whether or not they are working for the people, and scrap or modify them if they are not working? After all, Labour only got power back in July because very many people rejected the Tories. Why, then, have they not already begun a programme of rolling back the worst of the Tory policies?

What is happening in Surrey

I found a description of what seems to have been going on with regard to my local county council, Surrey, here: [[6]]. This appears to be a deal that is being done between national government and the county council, without any public debate, or any consultation with, or involvement of, the people of Surrey. This certainly violates Nolan’s openness principle.

There are all kinds of bad things in there, that Tory-controlled Surrey County Council is already doing or planning to do to us. Such as “active travel schemes, particularly in a rural setting.” “Innovative local proposals to deliver action on climate change and the UK’s net zero targets.” And a quarter of a million pounds of our money for “Local Nature Recovery Strategy.” But climate change “action” goes directly against the interests of the people, by making energy more expensive and its supply less reliable, and so impoverishing us all. And all for no benefit to us, since the claimed “climate crisis” is a total fabrication. Further, it is the people of the area whom a local government is supposed to be benefiting, not something called “nature!”

The document doesn’t mention road safety, but the “vision zero” scheme they are now pushing on us harder and harder (I have seen the “Surrey Roadsafe” patrols twice in the last week, both within a few hundred yards of my home) seems not unlike the “busybody fines” of corrupt local councils. Far from enhancing road safety, the agenda seems to be to give police excuses to enforce ever more harshly (and expensively) on to drivers arbitrary speed limits, that weren’t there even a few years ago.

Here in Godalming and Ash constituency, one of the furthest parts of Surrey from London (and where I also happen to be Reform UK’s interim branch campaigns co-ordinator), local governments ought not to be forcing down our throats policies that we don’t want, and that are not appropriate to our area. Our area is predominantly rural, with the largest towns being around 25,000 people. And what little public transport there is outside the main valleys, is woeful. Many people here cannot live their lives to the full without their cars. Yet the county council are actively using pretexts pushed by the UN and its WHO to harass and impoverish people who are merely trying to go about their daily lives.

This, very clearly, violates the Nolan selflessness principle of acting always in the public interest. Taking on policies being pushed by the UN violates the integrity principle, too. And while “scrutiny” is mentioned in the document, it looks like the kind of top-down scrutiny that will only lead to the bad policies being pushed on to us ever harder and harder. This, too, violates the principle of being honest and truthful. As to leadership, Surrey County Council’s headquarters outside Reigate is very inconvenient to access from distance by any means of transport except car, as this page attests: [[7]]. So much for practising what they preach!

Cancelling elections?

And then, there was this story: “Some local elections may be axed.” [[8]]. The following shows that Labour are using “devolution” as their excuse: [[9]]. This is most interesting in the context of the devolution framework agreement at [6], from last March. In which, clause 43 explicitly says: “Surrey County Council elections will continue to take place on the same cycle, with the next scheduled elections due in May 2025. Subsequent elections will continue to take place every four years thereafter.”

So, it looks as if even the Tories had no intention – or, at least, no stated intention – of cancelling or postponing these elections. This suggests that Labour are, at the very least, failing the Nolan openness and objectivity tests. And it doesn’t take much cynicism to divine that they are failing the selflessness test, too.

We will have to wait and see what happens over the county council elections in general, and in Surrey in particular. But our enemies seem rapidly to be becoming more and more mentally deranged. I am no believer in a god or gods, but I echo Sophocles and other sages of the past: “Those whom the gods wish to destroy, they first make mad.”

Could we “weaponize” the Nolan Principles as a trigger for a moral revolution?

Now, to strategy. I have for many years taken the view that the Westphalian nation state, the failed political system, designed in the 16th century, that we still live under today, has passed its last-use-by date. Indeed, it had already well passed its sell-by date before the failure of the French Revolution.

I also take the view that, in order to create a political revolution to get rid of the state, and to replace it by something that works for ordinary people, we will need first for very many people to undergo a moral revolution. That moral revolution, if I sense it right, will give ordinary people a far clearer feel for what is right versus what is wrong, as opposed to the current system’s focus on what is deemed by those in power to be legal or illegal.

Now, the Nolan Principles, while highly imperfect and not (in my opinion) nearly strong enough, are rooted in the idea that the behaviour of those in positions of political power must always be right rather than wrong, irrespective of its legality or otherwise. I therefore ask this question. Could it be feasible for those of us, who seek to kick-start the moral revolution that is a necessary precursor of the political revolution we need to restore our rights and freedoms in the UK and other countries of the Anglosphere, to take the Nolan Principles, and turn them into a weapon for moral change for the better?

Despite their shortcomings, the principles have several advantages over a newly crafted system. First, they have been around for very nearly 30 years. Second, if Wikipedia [[10]] can be trusted on the issue, they have “proved influential and are enshrined in codes of conduct across the UK public sector, from schools and government departments to hospitals.” They have been “incorporated into a variety of government-related codes including the Ministerial Code, the Civil Service Code, the Civil Service Management Code, and the House of Lords Code of Conduct.” And “Many local authorities, charities and educational and healthcare bodies adhere to the principles.”

This would suggest, to me at least, that, if these principles have been included in what are in effect contracts signed by government employees and suppliers, there could be a possibility of uncovering particularly egregious examples, such as Boris Johnson’s conduct over Partygate, as having been breaches of contract. With the public sanctions and penalties that would entail. It could even lead to a set of full-scale audits, that would in time push all the dishonest dross out of government positions, and penalize them as they deserve.

How the Nolan principles might in practice be picked up, dusted off and set to work, is of course a question up for debate. The Reform UK party might possibly adopt and publicize them. Other groups, who are opposed to the way in which all the establishment political parties have treated the people of the UK in recent decades, might seek to do the same. It will probably take many disparate groups, not necessarily formally associated, but working together on issues, such as this, on which they agree.

Myself, I would support some further extensions to the principles as currently stated. I would clarify the meaning of “the public interest.” I would like to see more added about the issue of cost-benefit analysis, from the point of view of the people, for government projects. The integrity principle should specifically identify organizations like the EU, UN, WEF and multi-nationals as being within its scope. Routine and random audits should be established to verify compliance with the principles by all those subject to them; and the reports should be made available to the general public. The requirement for truthfulness should be supplemented by requirements for candour, straightforwardness and sincerity. And hypocrisy, of any kind, should be called out for what it is, and the perpetrators shamed.

Thus, perhaps, can we set into motion a general perception among the people, that right behaviours versus wrong is a far more important touchstone than legal versus illegal. And that a whole lot of what successive governments, at all levels, have been and are doing to us, is morally wrong. In particular, I hope that we can bring about a strong reaction against all those in and associated with government, that have lied to us, misled us, deceived us, concealed or obfuscated the truth, or failed to practise what they preach.

That is all I have to say today.


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