Tag: David Langwallner

  • Does Ireland still have a Problem with Whistleblowing?

    Over the past few years, a broad consensus has emerged that in Ireland providing adequate protections for whistleblowing, and whistleblowers, is a lot more difficult to achieve in practice than in theory.

    In many fields, extreme real life consequences for a brave decision to go public with revelations of wrongdoing have been apparent. The protections currently in place do not shield individuals from repercussions in one’s personal and family life, or career. We are talking about losing a job, harassment, unwanted public exposure, grave false allegations and framing, protracted legal challenges, financial difficulties to name but a few. All too often, such individuals are dismissed as rats’. There follow death threats and even the potential for imprisonment. At any level such a decision is a life-changing event. In many cases it is traumatic.

    There are many examples: Garda John Wilson and Maurice McCabe’s ordeals are well recounted in a RTE in a documentary. Back in 2017, banking whistleblower Jonathan Sugarman testified to the Oireachtas that: “Official Ireland has absolutely and completely destroyed the lives of every single whistleblower who has come forward, from whatever walk of life they’ve come.” 

    Many others have come forward to expose misconduct they witness emanating from so-called ‘official Ireland,’ a term that broadly signifies the nexus of the Irish ruling class’s power, across the public and private sector. It is fair to say, as sources have revealed, that there were, and possibly are, many more people who feel unable to go down the whistleblowing path.

    Notwithstanding the Protected Disclosures Act 2014, the law should better regulate whistleblower disclosures and their protection, and encourage people to step forward when they witness wrongdoing.

    Even now in 2021, after much debate and revelations, and with Irish whistleblowing legislation being under the process of amendment in compliance with the EU Directive 2019/1937, it is alleged that a culture of ostracizing whistleblowers persists in the civil service, Garda, as well financial and other corporate institutions.

    If the legislation is there to protect individuals, why then, are some, or many unwilling to proceed? Why is it that after long pondering, and perhaps after seeking confidential advice from a lawyer or union, they find themselves unable to proceed with a disclosure?

    And what can the whistleblower expect to endure after making the brave decision? More to the point, does the proposed new legislation offer adequate protect form the extensive tentacles of ‘official Ireland’?

    I posed these questions to human rights barrister David Langwallner, who was asked by Sinn Féin to help draft a private member’s bill which they propose to introduce to Dáil Éireann by July 31st, 2021.

    Daneiel Idini (DI): David, can I ask you what’s happening these days with regard to whistleblowing in Ireland?

    David Langwallner (DL): What happened was and I’ve got to be a bit circumspect about this. I was approached by a former client of mine who’s a whistleblower, and that client indicated that the Oireachtas was about to introduce, in compliance with EU law, a newly amended protected disclosure legislation to pass in 2021. There is an existing Protected Disclosures Act 2014. But certain deficiencies were pointed out to me by the Sinn Fein party. I had a meeting with them, they’ve asked me to draft a private member’s bill that they propose to introduce by July 31th 2021, first because of perceived and actual deficiencies in the existing whistleblowing bill.

    DI: How long have you been dealing with the issue of whistleblowing concerning Ireland?

    DL: I have represented whistleblowers [in the inquiry into a bank inquiry.] I continue to represent Garda whistleblowers and corporate whistleblowers. I lectured for one semester whistleblowing, at Middlesex University and I have gathered extensive materials.

    DI: You have also written two articles, one in the Village magazine and one in broadsheets on the pitfalls of whistleblowing. And tell me what exactly is wrong with Ireland’s handling of whistleblowing.

    DL: I think a number of things. The first thing is that the new proposed act is seeking to introduce private whistleblower regulation. The real problem in Ireland is state corruption. So you need regulation for whistleblowing and provisions that deal with whistleblowers in the Police; whistleblowers in the Department of Civil Service; whistleblowers within the structure of inquiries; whistleblowers within the structure of the public health system; and indeed the prison service and the present bill does not address that fully.

    DI: Is that because of the fact the whistleblower is forced to refer to the top of the organization that he is trying to blow the whistle on?

    DL: So that is that deficiency, I suppose. But the other deficiencies, documents, and literature suggest that there is no point in having a structure where a whistleblower is subject to the necessity to follow internal procedures before they (feel safe) to go externally.

    The reason for this is that when internal procedures are usually invoked, there’s the risk that bullies, submission, demonization, can ostracize the whistleblower.

    The first recipients of the disclosure are usually the very people who want cover-up in the first place. And in a culture like Ireland’s one, there are very few independent people who take this seriously.

    So a whistleblower has to do a job. He has to be able to circumvent the internal processes and procedures of the corporate or public organization that they’re in.

    And that means a whistleblower has to be allowed to go outside that organization, to the press, for example. But the difficulty that we face in this Irish media context though, is that there is very little investigative press, anymore, who are not controlled by the established parties. The same parties are concealing all the levels of misconduct and wrongdoing.

    DI: So can you tell me in a nutshell in a few minutes exactly what the current legislation covers and if it tackles this “Culture” of antagonism towards whistleblowing?

    DL: Well, the current legislation covers things like criminal wrongdoing, corruption, bad financial administration, miscarriages of justice. It’s extensive to that extent. But the problem is that it doesn’t matter how extensive the coverage is in terms of protection If the culture is not receptive to whistleblowing.

    So, the person I represented to the inquiry into whistleblowing and audit the second day of the case,(the first effective third case,) the police got wind of this and they threatened the breach of the Official Secrets Act. So to intimidate to not go ahead. So even if you’ve got a culture of bullying, harassment, and intimidation, you could also, at the same time have, like the Soviets, a fabulous constitution that protected every right under the sun but it was utterly meaningless in practical terms.

    You could have a whistle-blowing statute that protects everything, but not when organizations such as the Department of Justice, Police, corrupt politicians get involved. I think what we need to do is create a more receptive culture. It means creating an independent ombudsman, allowing for external reportage.

    DI: Can you give me an example of what is the path that he has to follow to effectively become a whistleblower and therefore denounce what he saw?

    DL: Well say, for example, a senior police officer who sees that the police are actively framing people for child sex abuse, for example. The process of complaint in that particular context is that the police officer in question would have to make an internal complaint within the police. And those at the top police force were part of corruption.

    DI: Are you saying that there should be more protections for someone who makes the disclosure directly to an external, independent first recipient. Someone or a body that is not in the organization involved by the whistleblower disclosures?

    DL: There can be no barrier, statutorily, to someone going to an external body or agency or the press, having to have exhausted internal procedures. As they have to go through the hoops of internal procedures, those procedures would try to demonize and diminish them and have a vested interest.

    So you have to go first internally, and then go to an ombudsman, before you go to the press or external body.

    I think in conjunction with the whistleblower allegation, we need to build in a procedure where the whistleblower is almost immediately protected, and that I mean that there must be a party to go to that can give them a income structure if there were suspended from work, so that they don’t have to interact with people who are blowing the whistle on the workplace. The lack of such support is inherent in our culture of compliance, which is so amazing.

    For the purpose of clarification, I had further conversations with David on the last points touched on in the above interview as to the psychological impact that a whistleblower faces. If not properly addressed with, for example, access to therapeutic psychological support, as well as other forms of protection, even more stigmatization may be the result.

    I also discussed with him, as well as with other sources, that currently wish to remain anonymous, the procedures for disclosure that are in place for whistleblowers to use. It’s pretty obvious that internal procedures of disclosures, in some cases, can be painful as well as inefficient for all the reasons discussed above. But are alternatives offered, for example the Garda Ombudsman with regard to complaints about Gardai, allowing for the full protection available under the Act? And is the compensation scheme adequate, or should this include aggravated and exemplary damages?

    Should the protections, and possible compensation, also include redress to family members of whistleblowers, who might have suffered the consequence of this “culture”.

    We will continue to ask these and other questions, but in the meantime, there remains one important question for me to ask which is: has Ireland got any better for whistleblowing, after years of revelations, media coverage, and resignations; or are things pretty much as they always were, if not worse?

  • J. G. Ballard: Foreshadowing Collapse

    The fusion of mood and setting, the mapping of a landscape of the troubled mind – that is what really matters in Ballard.
    Martin Amis

    I have been drawing attention for some time to the disintegration of a neo-liberal world order. The pandemic has delivered the coup de grâce, but the fighter’s limbs had been flailing around like jelly for some time.

    The disease arrived at the perfect pitch of lethality to lay low Western societies drowning in casino capitalism, religious fundamentalism and post-truth delusions. An unravelling natural world, confronting climate change and over-exploitation seems to have cast a last shot at redemption against the latter day conquistadors of Goldman Sachs, and their kind. A multi-variant insidious viral strain has emerged, against which there is no conclusively effective pharmaceutical remedy or long-term immunity.

    Covid-19 has wreaked most devastation in countries worst afflicted by the Financial Crash beginning in 2008; the Southern fringe of Europe and especially the U.S. U.K., and Ireland; the underlying health of these populations already undermined by ‘lifestyle’ diseases – especially the stress of living in permanent income insecurity.

    Only a few small Western nations preserving vestiges of a Post-War II Keynesian compromise between capitalism and socialism have rejected a feudal property market and death-on-the-instalment-plan living standards. Scandinavian outliers and New Zealand have avoided both excess death and dehumanisation of lasting lockdowns, or Chinese totalitarianism.

    In these islands of civilisation there exists sufficient social solidarity, trust in state institutions and a bedrock of economic security for carriers of the disease to isolate voluntarily. Elsewhere, it goes against the grain of pernicious neoliberalism to jeopardise one’s income or sacrifice hedonistic freedoms for the greater good.

    For the most part, Ireland differs from the U.S. insofar as rather than religious zealotry, a corporate fundamentalism – with an all-consuming cost-benefit analysis of life –  is the dominant paradigm. Among a shrinking Irish ruling class dull anti-intellectualism incubated on the rugby pitches of UCD holds sway, and is muscularly enforced in the Four Courts.

    Now, across the world, neoliberalism is giving way to its nasty ideological cousin, neoconservatism, wherein the forces of the state enforce a near permanent lockdown that draws more and more into the financial abyss, while a servile media provides the necessary distraction.

    Under lockdown we seem to be entering the territory of Aldous Huxley’s Brave New World:

    There will be in the next generation or so a pharmacological method of making people love their servitude and producing dictatorship without tears, so to speak, producing a kind of painless concentration camp for entire societies so that people will in fact have their liberties taken away from them but will rather enjoy it.

    Empire of the Sun

    Marooned in leafy Surrey as a barrister-in-law in the south of England during this Covid period I have borne witness to the U.K.’s profoundest Post-War crisis, with deaths per capita from the disease among the highest in the world; although when one takes account of the relative age of each population, Ireland has experienced almost as high a toll. And at least in the U.K. real debate has raged around the erosion of civil liberties attendant to lockdowns; however hypocritical it may be for ideologues of the neoliberal order to reject the lethal fruit of their politics.

    Now, surveying the scene, it strikes me that in numerous works J.G. Ballard anticipated a major meltdown.

    Ballard was irretrievably damaged as a young boy by internment under the Japanese in Shanghai during World War II. This is vividly captured in the memoir Empire of the Sun (1984) that Stephen Spielberg made into an Oscar-winning film.

    The work details executions, casual brutality and dehumanising conditions. Like other Concentration Camp survivors, besides the lifelong trauma, Ballard clearly appreciated the fragility of life thereafter, motivating him to produce almost twenty novels, as well as numerous short stories and works of non-fiction. It also lowered his opinion of humanity, or rather revealed what each of us is capable of doing to one another.

    As John Gray put it:

    His traumatic childhood left him with the conviction – fully corroborated by events in the twentieth and twenty-first centuries – that order in society has no more substance or solidity than a rackety stage set.

    Empire of the Sun is, however, atypical of his oeuvre, as the novels unveil differing dystopian visions. His books are often classified as science fiction, but the writing is of a higher literary calibre than that label would imply, and real possibilities are only slightly exaggerated.

    Image: Daniel Mc Auley

    The Drowned World

    Two early novels The Drowned World (1962) and The Drought (1964) anticipate an environmental apocalypse, although as Martin Amis points out, only The Drought attributes the cause to the Greenhouse Effect.

    The Drowned World is set among the last remnants of humanity, where foodstuffs and water are in short supply. In isolation, strange delusions and inner conflicts emerge among the characters, tendencies we may recognise in ourselves during this period of confinement.

    The ‘hero,’ biologist Dr Robert Kerans, finds:

    His unconscious was rapidly becoming a well-stocked pantheon of tutelary phobias and obsessions, homing on to his already over-burdened psyche like lost telepaths. Sooner or later the archetypes themselves would become restive and start fighting each other, anima against persona, ego against id….

    Under the strain of dislocation a new form of humanity is emerging that appears to be a regression towards Cro-Magnon Man:

    The growing isolation and self-containment, exhibited by the other members of the unit and from which only the buoyant Riggs seemed immune reminded Kerans of the slackening metabolism and biological withdrawal of all animal forms about to undergo a major metamorphosis … withdrawal was symptomatic not of a formant schizophrenia, but of a careful preparation for a radically new environment.

    We may hope our contemporary metamorphosis under lockdown may prepare us for a radically new environment, and that we do not, as in the novel, depart on a suicidal mission, like Kerans, ‘A second Adam searching for the forgotten paradise of the reborn sun.’

    Alas the signs are not good as resources dwindle and trickle down trickles out, while our natural inclination towards sociability is undermined by social distancing, enforced by the law.

    Image from 1980: Dublin City Library And Archive.

    Unlimited Dream Company

    The Unlimited Dream Company (1979) is a veiled attack on suburban U.K. consumerism. The cold metallic buildings have created a consumer-induced comma punctuated by visits to shopping centres and theme parks. A series of memorable passages evoke the scene:

    The pavements were deserted, the well-tended gardens like miniature memorial parks consecrated to the household gods of the television set and dishwasher.

    And,

    They sat in the sunlight with numerals on their windshields, the advance guard of a digital universe in which everything would be tagged and numbered, a doomsday catalogue listing each stone and grain of sand under my feet, each eager poppy.

    The ghostlike narrator, anti-hero, or hero – it is unclear – Blake is a fiendish Pied Piper of Hamlyn with sexual designs on the entire population of men, women and children, who he aims to liberate by teaching them to fly:

    I had taught them to fly, by guiding them through the doors of my body, and now they would make their own way to the sun.

    Like any demagogue intoxicated by his own rhetoric he believes that evil in this world will give way to paradise in the next:

    I was certain now that vice in this world was a metaphor for virtue in the next, and that only through the most extreme of those metaphors would I make my escape.

    It is no accident according to John Gray that the narrator’s name is Blake. In a letter, the poet William Blake declared ‘to the eyes of the Man of Imagination, Nature is imagination itself.’ Thus the character of Blake finds:

    Already I was thinking of my next vision, certain now that it would not be a dream at all, but a reordering of reality in the service of a greater and more truthful design, where the most bizarre appetites and the most wayward impulses would find their true meaning.

    Ballard is suggesting that our dominant consumerism is the living death of a theme-park existence, where all forms culture – or should that be infotainment – has been appropriated, packaged and commodified. This social structure is easily manipulated by the spin merchants that promise flight for all.

    Image: Fellipe Lopes

    Millennium People and Crash

    In a sense, Ballard expressly anticipates the current madness in a later novel Millennium People (2003), as the dark age he referenced is readily apparent – collective hysteria and a sequence of witch hunts.

    Millennium People finds members of the middle class resorting to irresponsible revolutionary and terrorist activities. Half-baked as it is, the approach of the terrorists in the novel seems akin to the well-intentioned, but largely irrelevant enterprise of Extinction Rebellion.

    Ballard is suggesting that the chattering class have lost their sense of civic responsibility and display an absurd sense of entitlement; a process that has only accelerated in recent times with income structures collapsing before our eyes.

    The most controversial book, and a delicate exercise in the boundaries of fiction and bad taste – not unlike Pasolini’s film Salo (1975) – is Crash (1973), which depicts the fetishist behaviour of those who get their thrills out of being involved in car crashes.

    The book acts as a metaphor for a thrill-seeking culture that seeks artificial stimulation. Glorification of death and suicidal ideation is evident in contemporary devotion to a blood sport such as MMA, and ‘heroes’ like Conor McGregor.

    Hugo Darnaut’s 1885 Ideal picture from the Stone Age.

    Mass Media Infection

    Several of Ballard’s works refer to our current Post-Truth loss of reason, as well as the onset of various witch hunts. This latter is apparent in the Blairite reforms of the criminal justice system, which brought a return to social primitivism.

    The Drowned World’s suggestion of a human reversion to Cro-Magnon Man now appears more and more prescient. Neoliberalism followed by neoconservatism will lead to social primitivism amidst the unravelling of civilisation. This is apparent in the lapse towards authoritarianism in Hungary and Italy; not to mention Mussolini-lite Varadkar in Ireland, the nastier Trump and the insidiously clownish Johnson. And as in Ballard’s imagination, professional standards are breaking down under the strain.

    Finally, in The Atrocity Exhibition (1970) Ballard is rightly credited with predicting the Reagan presidency, but in that extended series of essays the overarching theme is how the mass media has infected us all like a virus, leading to docile stupidity or inanity, and inaction through manipulation; such is life, such is the virus.

    What we now see is bland consumeristic compliance, fetishistic behaviour, random acts of violence, witch hunts, and media manipulation preceding societal and ecological meltdown; where Millennium People engage in tokenistic act of self-sabotage, as they endeavour to subvert the inevitable.

    Featured Image: An aerial view of housing developments near Markham, Ontario

  • Unforgettable Year: February 2020

    By February 15th there was a scent of danger in Bull Moose’s nostrils. Discussing which Democrat candidate would take on Donald Trump – would Mike Bloomberg have beaten Trump? – he brought our attention to coronavirus, a new viral danger emanating from China, which seemed quite exotic at that point.

    Coronavirus might be the trigger to collapse this deck of cards. How soon? Probably by April, maybe May. The virus is expected to peak around April, but by then the quarterly earnings will have been impacted.

    Should most of us in the U.S. be afraid of Coronavirus? It depends. If you’re healthy and don’t work in healthcare you’ve little to worry about. Based on the limited information we can glean from the Chinese news bubble, people with an otherwise healthy immune system, who are not regularly exposed to the virus, can rest easy. Apparently it is doctors, the elderly and other vulnerable categories who are susceptible to infection.

    But that won’t stop many of us from cancelling cruise ship vacations, holidays to Asia, and even overseas trips to trade fairs. It will also impact global supply chains, which rely heavily on China. All this means lost revenue, which will hit the markets once results first show up on balance sheets in April.

    The length of this market downturn will ultimately decide November’s election result.

    Meanwhile in Ireland, Frank Armstrong was contemplating a ‘political earthquake’ in advance of February’s Irish General Election, with Sinn Féin predicted to become the largest party in the Dáil chamber for the first time. He also charted the emergence of the far right in Ireland.

    For the moment opposition to the centre-right mainstream of Fine Gael and Fianna Fáil is coming from the left, responding in particular to an ongoing Housing Crisis. But Ireland is not immune from the wave of identity politics sweeping far-right Populists into power elsewhere.

    Another recession might easily trigger far-right Populism within the existing framework, bringing together an unholy trinity, seen elsewhere, of xenophobia – including opposition to E.U. membership – climate change denial and opposition to abortion services.

    Elsewhere, Caroline Flack’s untimely death in February prompted consideration by Sarah Hamilton of the shocking grief caused by someone taking their own life.

    Caroline Flack.

    It is a natural reaction for us to want to cast blame somewhere. We point the finger at nameless, faceless entities manifesting greater evil than we would ever be capable of – whether trolls, social media or the tabloids. We assure ourselves these remote actors are the true killers.

    The hardest thing I have ever had to learn – one I am still struggling to get my head around – is that with suicide, we never fully know.

    February was a major month in our music coverage. First, we had renowned fiddler Musician of the Month, Caoimhín Ó Raghallaigh discussing his forthcoming duo album with Dan Trueman called ‘the Fate of Bones’, that would feature his 10-string hardanger d’amore fiddle and a fascinating collaboration with graphic designer Rossi McAuley.

    Then Vincent Dermody clairvoyantly discussed the huge challenges facing musicians in Ireland in a piece entitled: Almost Nobody Speaks For Musicians Anymore.

    Centuries of suffering and persecution of people on this island become a footnote to the realignment of power structures, our identity shrouded in myth and broad sweeps, as bit-part actors in nearly a millennium of recent existence. And I think, an internal struggle between our natural impulses as sardonic inhabitants of a dark, wet and green North Atlantic island.

    The coming wave can be extrapolated to a similar battle in the area of artistic self-expression that has been raging for most of our history. What do we value about ourselves and how should we express that in the public sphere? Is society thriving? If not, then am I hearing this reality represented in the everyday art that I encounter?

    Live Music in Dame Street, Dublin, October 2019. Pic Daniele Idini

    Paul Gilgunn was also contemplating the challenges involved in creation in the digital era. Thus:

    In an attention economy devised to distract and occupy consciousness, the exponential flow of information generates continual flux in its wake.

    Image: Daniele Idini

    There was also an essay by electro-acoustic composer Roger Doyle who charted his journey into experimental music in A Composer’s Story.

    Young peoples’ lives become filled with music on records, video, in films, on radio and TV, during Saturday nights, in supermarkets, in amusement arcades, on the streets and in concerts. Culturally exploded thus, they sit down to Mr. Beethoven and wonder what on earth this glaring composer from the distant past has to do with the rhythms they feel and the harmonies they hear.

    In his Public Intellectual Series in February David Langwallner’s explored the legacy of Christopher Hitchens, who he once encountered:

    I had a brief encounter with the man himself one enchanting and admittedly drunken evening. Being then youthful I was somewhat dazzled by his presence, yet more so when the bill for the wine and cognac arrived.

    I found Christopher Hitchens almost preternaturally eloquent, even when plastered. Industrial quantities of booze only seemed to inspire him to new heights, as it does many artists. Nonetheless, he was fortunate to have the constitution of an ox – a unique case and liver to boot. Predictably, it was the cigarettes that killed him in the end.

    David Langwallner clearly got around as evidenced by another treatment of Samuel Beckett, who he also encountered:

    I had the good fortune to encounter in the flesh arguably the last in the line of towering figures, Samuel Beckett, in a café in Montparnasse, Paris in 1982.

    Ireland had just won rugby’s Triple Crown in what was then called the Five Nations, before succumbing to the French team at the Parc de Princes, and Beckett was primarily inclined to banter about rugby and cricket with his countrymen. It must be stressed that he was a charmingly convivial person, and while austere, decidedly good company; even when pressed to do so he sedulously avoided discussion of his own work, preferring to muse on the artistic contributions of others.

    That slightly detached dignity, captured in John Minehan’s award-winning photograph was exactly as I found him. A kind and decent man, who concealed a madness arising out of intense creativity. A burning gaze alone revealed the creative fire that raged inside.

    Ronan Sheehan also drew on personal recollections in his review of Frank Connolly’s novel A Conspiracy of Lies based around the events of the Dublin-Monaghan bombings in 1974.

    Dublin and Monaghan people remember where they were on the 17th May 1974, the day three bombs exploded in Dublin and one in Monaghan. A UCD undergraduate at the time, I was in the library in Belfield when news of the bombs in Parnell Street, Talbot Street and South Leinster Street came through.

    We were shocked. Some rushed from the library. Others, myself included, obeyed a caution from the librarian to stay put. My father’s office at 1 Clare Street faced onto South Leinster Street. When eventually I reached my mother by telephone, I learned he was OK. The blast had smashed all the windows in his office and knocked him over. Otherwise, he was unhurt.

    Image courtesy of Dublin City Public Libraries.

    One of the most amusing articles we have ever published came from Bob Quinn that month in his account of how one summer night in 1956 Gene Shepherd invited his listeners to conspire with him in inventing a book which actually did not exist.

    We also began to cover unfolding events in Lebanon through our correspondent there Luke FitzHerbert as protestors took to the streets to block a key parliamentary vote and bank ceased to issue dollars.

    There was also coverage of rugby from Frank Armstrong, who looked forward to the guilty pleasure of the Four Provinces of Ireland coming together to form the national team:

    I yearn for Six Nations matches at this time of year. Despite my worthier self, I cannot take my eyes off a psychological drama and physical spectacle offering respite from interminable winter.

    The violence is terrible, but it seems life-affirming that these specimens can, for the most part, withstand the battering. At its best, it conveys life-in-action, a primal dance and irrepressible human spirit.

    In what was a frenetic month for Cassandra Voices there also fiction form Daniel Wade, whose Heart of the City evokes the unmistakable atmosphere of Dublin city:

    On O’ Connell Street, rush-hour crowds pitch and roll at traffic lights. She ignores seagulls screeching from the boardwalk, convoys of buses and LUAS clangs, Deliveroo cyclists dodging cycle-lanes, bouncers invigilating in doorways, the fluorescent glare from Supermac’s, haggard junkies lurching between double-yellows and taxi ranks. Under the GPO’s bullet-bejewelled portico, she spots a young girl huddled in a sleeping bag, forlornly holding out a styrofoam cup like an offering. Homeless in her hometown. She leans and drops a few coins in the cup, then keeps on walking, barely hearing the weary “Ah, thanks, Love” the girl murmurs after her. Two guards turn to watch her pass. They notice her scar, but she ignores them. Their high-vis jackets sting her eyes.

    And from Gary Grace, whose Synapse Fire contemplates the excesses of a misspent youth.

    One of the main things I characterize my misspent youth by, is a knack for exploiting the trust my middle-class parents misplaced in me. At seventeen, I was too old to be dragged along with them on what seemed like monthly getaways, but too young to exercise any degree of responsibility or restraint. My folks had a mobile home near Ballymoney beach, which had hosted many a night of debauchery for my older brother and his cronies. He was away in Amsterdam, so I’d decided it was my turn. That bank holiday weekend, I had access to a car, three malleable mates and in the palm of my hand, an assortment of different colored pills.

    There was also poetry from Lynn Caldwell, ‘Holding Velum to the Light

    And from Brendan McCormack ‘omeros is unforgivable’, and ‘midnight in the soupcans of desire.’

    As well ‘Poem Written in Old Age’ by David Hillman:

    The light that streams across the universe
    Brings evidence of other worlds than ours
    Where midst the flux of fields and particles
    Eternal wisdom older than the stars
    Unweaves her web of possibilities
    The patterner experiments and plays.

    Unforgettable Year: January 2020

  • Unforgettable Year: January 2020

    Here begins our journey back through the #unforgettableyear of 2020…

    The drone-strike assassination of Qassem Soleimani on January 3rd, 2020 seems a long time ago now, but to our U.S. columnist Bull Moose it suggested a new phase in U.S. involvement in the Middle East. Who knows what would have happened in that region during an election year, if a certain respiratory pathogen hadn’t risen to such prominence.

    Paul Hennessy/Alamy

    January’s Musician of the Month Hilary Woods also appears to be speaking of a different age, when live music was still to be found in Ireland.

    In October last, I was at a Russian Circles gig in Galway. It gave me a much needed stark reminder of the power of live sound: washing over me, enveloping, reverberating my insides, shaking me out of an internal slumber. Requiring a medium to travel, the body is a conductor for sound. Filtering vibrations moving through it. Sound percolating in time through tissue and sinew, connecting, evading, resonating, confronting, decoding, making pliable.

    I emerged from the show a renewed being: sensorially realigned, perceiving things afresh, and happy I made the effort to go. As Rumi says, ‘whatever purifies you is the right path’.

    Hilary Woods, by the photographer Joshua James Wright.

    Elsewhere Billy O’Hanluain seemed to have been preparing us for the joys of working from home, surrounding by unfinished tasks. ‘Procrastination is a very cunning mistress.’ he wrote, ‘She masquerades so expertly at being a muse; seducing me with an ever expanding array of tantalizing tasks that acquire greater urgency with her every whisper and sensual suggestion.’

    On Procrastination

    And if it was a form of escapism you were after last January, Desmond O’Brien’s account of his psilocybin treatment for depression and anxiety would have been the best medicine. During the trip he had the unmistakable feeling that love is the glue holding us together.

    On a less optimistic note, Frank Armstrong explored how increasing news fatigue had been orchestrated by the likes of Steve Bannon, who targeted followers of Jordan Peterson, who has earned the dubious distinction of being the first internet intellectual.

    Image by Gage Skidmore.

    Among the most important stories we published last year was Fellipe Lopes’s heart-rending account of the rapidly deteriorating conditions for refugees in Camp Moria, Lesbos in Greece. He described murder and rape, but also a strong sense of community.

    The-Smokescreen-of-Moira-Lesbos-December-2020
    The Smokescreen of Moria, Lesbos, December 2020

    Meanwhile, featured artist Keshet Zur aspired to be a photographer but felt heartbrake in the digital era, now she engages with nature and social inclusion through Expressive Art Therapy.

    Keshet Zur

    Bob Quinn’s memoir continued with an account from the 1950s of teaching English in Pforzheim, Germany, where a student Trudie falls for his teaching charms

    David Langwallner also continued his public intellectual series with an account of the life and times of Noam Chomsky, with reference to his works Manufacturing Consent, Public Intellectual, Media Control, Henry Kissinger, George Orwell.

    Next there was Frank Armstrong’s Late Risers’ Manifesto 2020, in which he quoted the late great David Graeber to the effect that ‘The real question is how to ratchet down a bit more toward a society where people can live more by working less.’ Graeber further opined that the non-working poor may be ‘pioneers of a new economic order that would not share our current one’s penchant for self-annihilation.’

    In fiction, Siberian Blue by Mick Sobyanin includes childhood memories of Prokopyevsk, Siberia inside the Soviet Union, dating from 1974, including insights into prevailing Russian attitudes towards Volga Germans.

    Lastly we had a satirical poem from the irrepressible Kevin Higgins irreverently portraying the grant application process.

     

  • Gradations of Evil: Neoliberalism and Neoconservatism

    Since the 1970s, the consistent presence of neoliberalism in politics alongside short, sharp bursts of neoconservatism have shaped our planet to a greater extent than any other ideologies. This has been to the detriment of all but a shrinking cast of billionaires that profit in periods of crisis, even during the pandemic. The prognosis is not good, even if the pandemic provides a porthole for the possibility of a realignment.

    Distinct Ideologies

    At one level, neoliberalism is extreme libertarianism, purged of its earlier socialist or anarchist underpinnings that were ultimately communitarian. Neoliberalism has had a tremendous influence on conservative thinking in recent times. Yet it is not conservatism in a traditional Burkean sense of conserving and preserving that which is good. Neoliberals do not advocate moderation, restraint, anti-extremism, perspective, nuance or that ill-defined word ‘balance,’ save in terms of conventional political rights such as liberty, privacy and freedom of movement.

    Contemporary neoliberals are not supporters of little people, and in effect operate against the interests of the ordinary working person in the name of economies of scale or other workplace rationalisations. It is unbridled free market extremism, engendering a tragedy of the commons.

    It did not begin this way. In its first iteration, the Austrian economist Friedrich Hayek warned against the excesses of socialism in The Road to Serfdom (1944). This was witnessed in Britain of the 1970’s with the three day working week, refuse on the streets, and the stranglehold of government by the unions. Many of Hayek’s points were valid, and I suspect he would be horrified at the political trajectory his ideas have taken. Similarly, Karly Marx was not responsible for and would have been horrified by Stalin.

    The initial idea behind libertarianism was for a combination of unregulated laissez faire economics, and the legitimation of a hedonistic lifestyle through laws and social policies. I see nothing wrong with hedonism per se – or for tolerance of human frailties more generally – and indeed have spent much of my professional career as a barrister upholding the rights of an accused to due process.

    Neoconservatism, on the other hand, is hardly even capitalist in outlook. It is really an offshoot of a more authoritarian leftism combined with a fundamentalist, morally self-righteous neocolonialism informed by ‘Christian’ values. It is associated in particular with the administrations of George W. Bush, with Paul Wolfowitz and Richard Perle its most prominent ideologues.

    Left to right: Paul Wolfowitz, Donald Rumsfeld and George W. Bush.

    Many neoconservatives made an ideological journey from the anti-Stalinist left to the camp of American conservatism during the 1960s and 1970s, with its intellectual roots in the magazine Commentary, edited by Norman Podhoretz. But anti-Stalinist does not imply a respect for human rights or the rule of law; its followers’ ambitions were simply global rather than limited to a particular country, as was the case with Stalin’s approach.

    Neoconservatism adopts the unregulated free market, but not libertarian permissiveness or due process or a respect for international law: the ends would justify any means. That is what makes it distinctly evil. It attracted money from Christian fundamentalist and the rapture movement and cohabited with authoritarian academics.

    Thus, there is a world of difference between former Supreme Court Justice Jonathan Sumption, a defender of human rights and free markets, and Tony Blair, the UK’s foremost neoconservatives. Blair is a fundamentalist Christian, a self-deluding mediocrity, who exported a destabilising jihadist war based on an absurd world view and sold it as a humanitarian intervention. He cannot really be described as a socialist – although state bureaucracies expanded massively under his New Labour – but nor is he a genuine conservative. He is simply a telegenic opportunist who became drunk on power.

    His neocon influencers were Bush and Irish-American pseudo intellectuals like Daniel Moynihan, who fused Christian jihadism with racist fundamentalism and veneration of a deregulated market. The worst of all possible worlds.

    Neoliberal Permissiveness

    While neoliberals cock a snoop at Christian fundamentalism, some perhaps even going so far as to oppose the war in Iraq, an inbuilt resistance to state intervention means neoliberals such as even Barack Obama, did nothing to heal the wounds, or address the causes of discontent in the developing world.

    I suspect the neoliberal endorsement of liberties and indulgence has in one sense been counterproductive. It may have not started with bad intentions. All were in favour of lifestyle ‘choices’: gay and transgender rights, sexual freedoms and shifting the agenda of equality towards formal equality rather than substantive equality. This involved superficial gestures such as including sufficient mixed race women in boardrooms but keeping the cleaners in the poverty trap.

    The gender equity and transgender lobby now often act in a sinister way, and represent a branch of neoconservative in all its puritanical absurdity. ‘No platforming’ esteemed academics like Germaine Greer steers young people into sexual confusion and away from political engagement. It is a disaster emanating from a preening devotion to political correctness.

    The sponsorship of the gender equity agenda by corporate America negates the real human rights agenda. These companies do not tend to fund advocates of social and economic justice, including rights to housing, healthcare and a clean, safe and aesthetically pleasing environment.

    The privatisation of healthcare and even the Bismarckean welfare state began largely under Nixon in the U.S., where neoliberalism first evolved. It was replaced by an insistence that people exercise personal and professional responsibility, which masked a dismantling of social supports.

    ‘Even Richard Nixon’s Got Soul’ (but not William F. Buckley)

    Nixon, a more sympathetic figure in hindsight – at least by comparison with latter day Republicans – was forced into healthcare privatisation by lobby groups from the medical profession, bringing into being the anti-health care system of America, where in 2018 over 17% of the country’s resources devoted to healthcare, yet it has one of the lowest life expectancies in the OECD. Moreover, industry sponsors regularly renege on private health care entitlements, through the machinations of unscrupulous lawyers. The fact of having a health care plan in the U.S. is no guarantee it will pay out.

    Nixon had his doubts and did not buy into the ideology wholesale, but by the time of Ronald Reagan’s victory in 1980 the neoliberals were firmly in the ascendancy, with disastrous consequences for Americans, as Reagan’s advisor David Stockman describes in The Triumph of Politics: Why the Reagan Revolution Failed (1986).

    A crucial neoliberal mastermind was William F. Buckley, the satanic ideologue of modern U.S. conservatism, who ostensibly venerated Edmund Burke, but subverted Burkean conservatism. Buckley helped establish the new philosophy of neoliberalism through texts such as God and Man in Yale (1953), and through his editorial of the Republican Party intellectual rag The National Review.

    Buckley moved conservatism away from the spirit of Burke’s community of souls, towards naked self-interest. This has led to the undermining, and now the actual buying of the state apparatus by the corporatocracy. Thus, under Buckleys stewardship conservatism mutated into a form of individualism tat undermined states.

    Buckley’s brilliant rhetoric was only matched by his repulsive qualities as a human being. This is all-too-evident in the 2015 documentary Best of Enemies made about his media punditry alongside the almost equally contemptible Gore Vidal during the 1968 American election. Buckley had an enormous, understated, influence in moving the Republican Party, via Reagan, towards libertarianism, and the disaster capitalism now in vogue. Buckley in fact co-opted Russell Kirk, the Burkean conservative author of The Conservative Mind: From Burke to Eliot (1953) onto The National Review, seemingly in order to get him ‘on message.’

    Yet the Republican Party and indeed much of the present Conservative party in the UK are not conservatives in the Burkean sense as aforementioned. They have become neoliberal fanatics, which is far from the origins of the paternalistic conservatism that emerged in Britain the late eighteenth century.

    Why Edmund Burke Provides a Counterweight

    Edmund Burke was a moderate conservative in the Benjamin Disraeli mould, who sought to preserve traditions he believed worth maintaining. His career was an idiosyncratic mixture of radicalism and abiding by conventions, and he believed in the desirability of change but not change for its own sake. Change should come about incrementally he believed, and with due regard to tradition; his antennae were attuned to unintended consequences.

    Edmund Burke.

    Contemporary neoliberalism has engendered a form of corporate fascism that mandates extreme conformity in working days that stretch into long evening. I doubt Burke would endorse its excesses. He believed in a form of market capitalism favouring small enterprise, as do I too. Burke was also anti-monopolist and would see dominant multinational firms, and perhaps the European Union, as anathema to the capitalism he favoured.

    Neoliberalism should not therefore be equated with traditional conservatism. Indeed if Edmund Burke was around today he might pen a text entitled: Reflections on Imminent Social and Economic Breakdown!

    Burke of course, unlike adherents of neoliberalism believed in the concept of a community, involving associative obligations and reciprocal interactions. A moral and networked community in other words. The neoliberal mentality, on the other hand, leads towards social atomisation and fragmentation, or as Margaret Thatcher famously put it: “There is no such thing as society only individuals.

    Thatcherism is contrary to the Burkean ethos. I suspect that in modern times Burke would be regarded as a Keynesian capitalist, which is precisely what Buckley was attacking in God and Man in Yale. Burke ideas also align with environmentalists as he had a sense of community as inter-generational:

    Society becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.

    He held a defined sense of the public good that was not just where the dice landed in the casino capitalism of the market. Further, though a passionate advocate of rights and liberties he was also a passionate advocate of restraint and moderation. He believed that the extension of rights should not extend to untrammelled liberties and licentious anarchy.

    Although a conservative in terms of his invocation of habit, tradition and social order, and also with his belief in institutional contribution and preservation – as well as measures of fiscal rectitude – he was, conversely, also its opponent of in other respects.

    One drawback to Burke as an intellectual, in my view, was his devotion to religion. Born in Ireland to a Protestant father and Catholic mother, noxious Irish Catholicism shaped him, diminishing his contribution; although one cannot say that he had the religious zealotry of a neoconservative.

    The Beginning of the End of History

    The Bushman-Blairite wars were an exercise in duplicity in shocking breach of international law. There were no smoking guns or development of nuclear weaponry in Iraq. It was Christian jihadism led by a latter-day Crusaders, including telegenic Tony that most lightweight of British gentlemen.

    Neoconservatism is a nefarious dysfunctional ideology that suits the interests of the powerful, which tragically became the consensus. A Dictionary of Received Ideas. There would be no comeuppance for Tony or George Dubya, who now blithely paints portraits of migrants, with all irony seemingly lost on him.

    In Britain, Brexit may lead to the gradual dismantling of the Blairite welfare state, even after the Johnson health care crisis, with the chronic under-resourcing and deregulation of the NHS now laid bare by the pandemic. This applies to all other countries, Italy most obviously, which diverted resources from essential services under neoliberal austerity measures. Meanwhile we see America on the brink of anarchy and civil insurrection due to the triumph of these ideas with the election of Donald Trump in 2016, who is the symptom of a very deep malaise.

    The combination of neoconservatism and neoliberalism is a far more deadly virus than Covid-19, which has simply exposed the soft underbelly of societies afflicted by its ravages. From a neoliberal point of view healthcare or a clean environment are not rights but entitlements and part of a libertarian agenda.

    The lack of regulation of spiraling accommodation and rental costs in the US and elsewhere brings a situation where, for the vast majority, outright ownership of property is a myth. Ostensibly, high salaries are hoovered up in hyper-inflated rents and mortgages subject to repossessions by vulture funds.

    The cost of living is prohibitive, and cramped accommodation makes the possibility of a decent family life almost impossible for most, engendering a dysfunctional humanity. Inequalities, short term contracts, and punishingly long working hours destroy mental health, decrease productivity and render family life – save for a privileged few – a thing of the past. The long-term effects on children are potentially catastrophic.

    This leads to short-termism and prevents even a modicum of forward planning for most people, who must live from one pay cheque to the next.

    Lacking objectivity and perspective, as we struggle for survival in subhuman working conditions that undermine the quality of life, decline arrives in increments. This leads to petty corruption and greed, in a dog-eat-dog universe where the elderly are replaced once they have outlived their usefulness. Their fate is increasingly to be place in decidedly uncaring privatized nursing homes, or spend their last moments on a trolley in an underfunded hospital.

    Nozick the Great Ideologue of Neo-Liberalism

    Anarchy, State, Utopia (1974) by Robert Nozick was a subversive reaction to John Rawl’s A Theory of Justice who had promoted a theory of economic justice. It became a neoliberal bible. Nozick suggested that government intervention, meaning taxation, beyond the enforcement of contracts and the control of crime is akin to slavery or theft. I own my body, he argues, so I therefore own everything my body produces, and if the state takes that which I produce away from me it enslaves me or – more elegantly – ‘socialism forbids consenting acts between capitalist adults.’

    The egregious fault with his argument is that it does not follow that because you own your body you own everything you produce. Inequalities are inbuilt into capitalism as David Ricardo’s Labour Theory of Value demonstrated. It also does not allow for any understanding of the human condition, other than one informed by radically disaggregated and individualistic behaviour, devoid of co-operation and community.

    At the time many thought that him daft, and that his ideas could not be implemented as they would lead to a socially dislocated society. It was even suggested that Anarchy, State; Utopia was an elebatorate joke, or part of an intellectual game. Indeed, Nozick was fond of scholarly conceits and subsequently wrote a book with a radically different thesis. So perhaps he did not take what he said seriously. Others did unfortunately.

    The consequences have been economic collapse and surging inequality, the gradual destruction of the middle class, and the privatisation and diminution in healthcare as a right, as well as homelessness and mass evictions

    The University of Chicago with its two highly placed judges in Easterbrook (dangling for a Supreme Court judgeship) and the truly nefarious ‘most cited’ legal scholar in the world Richard Posner, have also been responsible for much of the damage.

    Here we have the perfect reductio ad absurdum: all of human activity is reduced to the wealth maximisation thesis. Thus rape arises out of scarcity of resources: it is expensive for men to purchase sex so we should have a de-regulated prostitution market according to Posner; or adoption should be de-regulated to deal with a competitive baby market where the product can be purchased by the consumer. Such nonsense is reminiscent of Jonathan Swift’s Modest Proposal (1729) in which he satirizes an earlier version of neoliberalism, with the tongue-in-cheek suggestion that it would serve the polity to kill excess babies for economic gain.

    The Middle Way

    Keynes fell out of fashion because of the stranglehold of unionism and the imposition of socialist dogma in the 1970s. This created ‘a market’ for the work of the Chicago School and trickledown economics characterised by fetishist privatisation, deregulation and the elimination of state subsidies. In the late 1970s a retreat by the state made some sense, but the correction turned into an ongoing campaign. The market may have seemed like a score counter that could be tamed for human purposes. No longer. It is the recipe for inequality

    Naomi Klein in her bestseller The Shock Doctrine (2007) analyses the growth and development of neoliberalism across the world. She dubs the economic paradigm ‘disaster capitalism’, homing in on how these crises and others are used to justify further disaster prescriptions. She quotes Hayek’s disciple Milton Friedman:

    Only a crisis – actual or perceived – produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around. That, I believe, is our basic function: to develop alternatives to existing policies, to keep them alive and available until the politically impossible becomes politically inevitable.

    Naomi Klein.

    That is precisely where neoconservatism and neoliberalism coincide. Proto-neoconservatives remove the democratically elected Allende regime and replace him with Pinochet, before neo-liberal reforms open up the country for exploitation, washing their hands of any blood.

    Yet all the best evidence indicates that stable growth occurs in Nordic and Middle European social democratic countries. There is a tangible link between Keynesian economics and sustainable redistributed growth. Neoliberalism does not generate sustainable growth, as opposed to wealth for the few, and does not provide for redistribution. In effect it is a recipe for diminished human welfare, less good for the greatest number.

    Where Are We Now

    The Nobel Prize winning economist Joseph Stieglitz famously described our present state of affairs as ‘Socialism for the rich capitalism for the poor’. And the new era of state and corporate feudal control and terror we have entered into will accentuate these trends. Thus during this pandemic some of the wealthiest individuals in the world have actually increased their wealth.

    A return to the methodology of neoconservatism can be seen in the emergency legislation that has passed through the parliaments of U.K. and Ireland. In theory these are designed to confront an immediate emergency, but will become embedded, and spiral out of control just as we have with counter terrorism legislation. Enforcing self-isolation and ‘track and trace’ become new norms inflicted by neoconservatives and consented to by neoliberals, many of whom with notable exceptions such as Lord Sumption, forget their libertarian origins as long as the dosh keeps rolling in. Notably Tony Blair is awake to new opportunities.

    The very phrase ‘social isolation’ is problematic and euphemistic – like ‘ethnic cleansing’ or ‘military intelligence,’ a contradiction in terms. In fact self-isolation suits a silo bubble of social atomisation and dealing with people or problems one by one by state authorities. We risk a descent into a new barbarism not least due to the pernicious effects of decades of privatization.

    The Indian activist Arundhati Roy demonstrates how neoliberalism and environmental damage have gone hand-in-glove in her book Capitalism: a Ghost Story (Verso 2014). There are the mass evictions in India of ‘surplus population’ (a truly evil capitalism coining). The street vendors, rickshaw riders, the small shops and business people, and not least the suicide of 250,000 farmers.

    This forced displacement, often from rural areas to cities, augments the channelling of wealth towards the one percent plutocracy controlling India.

    It has been suggested by John Gray and Roy herself that the pandemic may lead to a rethink. I fear not. In fact, rather than becoming, as Roy puts it, a porthole to a sustainable and fair existence for all, I fear increased atomization, semi-permanent social distancing, diminishing social supports and the insidious undermining of civil liberties, supported by a scared and soma-induced population.

    We are now entering an age of corporate feudalism and of mercantile state control with sub Malthusian ideas gaining traction. It is an age of extremism nourished by religious fundamentalism. It is a time for the convergence of Burkean conservatism with Habermasean moderate socialism to implement ideas informed by traditions of decency and the green agenda. It is a time for sustainable personal and societal living to be realised.

  • Multiculturalism in an Age of Extremes

    I feel that Europe, in its state of degeneracy has passed its own death sentence.
    Stefan Zweig, The World of Yesterday, (1942)

    The Best Lose All Conviction…

    This piece revisits aspects of The Limits of Multiculturalism – a piece I wrote last year warning of a reversion to the 1930s in terms of austerity, extremism and declining intellectual standards. Now in the wake of a pandemic accelerating these trends, this article draws intellectual inspiration from heirs of the Enlightenment, especially Albert Camus, and also Frantz Fanon.

    First published in 1918, and translated into English in 1926, Oswald Spengler’s The Decline of the West was perhaps the most influential text of the 1930s.[i] He blamed what he saw as a declining European civilisation on the dilution of a mythical Aryan race – whether Germanic or Anglo Saxon. Spengler influenced Hitler, although he disliked the biological determinism of the Nazis, but still provided an ideological impetus for the extermination of undesirable races in the Holocaust or Shoah.

    In the heady days of the post-Cold War 1990s, when Francis Fukuyama was announcing The End of History and Bill Clinton was feeling your pain, mythical and biological views on race seemed an anachronism, increasingly confined to the dustbin of history. But sadly today a variant on Social Darwinism – underpinning an incipient corporate fascism and acting as the handmaiden to racism in another guise – has found a new suit and tie.

    We face an economic depression that is likely to be of even greater scope than the Great Depression of the 1930s, as various categories of workers are furloughed – the new word du jour – indefinitely, and SMEs are moped up by multinational giants that are assuming Blue Whale proportions, if not their unfortunate plight in nature. This coincides with impending environmental meltdown that could generate further pandemics. Moreover, social isolation over the course of the pandemic is limiting associational ties, adversely affecting the poor and disadvantaged.

    Alongside a long-term intellectual decline in journalism, mainly brought about by the arrival of the Internet which has turned much of it into glorified PR – or churnalism[ii] to adopt Nick Davies’s expression  – with even the global The Guardian now shedding jobs at the height of the pandemic[iii] – and debilitating academic over-specialization, linked to the funding of universities through philanthrocapitalism. In this barren landscape Spengler’s archaic notions thrive.

    Moreover, an age of chaos and uncertainty allows strongmen like Putin, Erdogan and Orban to assert domination. Spengler’s demonization of the other – now reimagined in the silhouette of a contagious disease – is right back in focus. Listen carefully and you will recognise that the Social Darwinism of another age is the rallying cry of neo-liberalism, as an age of cartels and select groups brings exclusion and enforced conformity.

    Given our intellectual and scholastic deficits, it hardly matters that there is zero empirical evidence for the concept of race, as geneticists have worked out that every person on Earth can trace a lineage back to a single common female ancestor, who lived around 200,000 years ago[iv] Spengler may be a bastardised intellectualism but this is irrelevant if it gains traction in the dark recesses of social media.

    ‘Guest Workers’

    The far-right revives the old ghost, but the centre-right – which is in power across most of Europe and claims to oppose racism – has maintain it in societal structures, such as Direct Provision in Ireland. We also ‘welcome’ guest workers – guestarbeiter – from the Global South as students in wealthy countries such as Ireland, but only to the extent they remain useful. Thus, the number of new international students from outside the European Economic Area (EEA) pursuing higher education in Ireland jumped by 45% between 2013 and 2017 according to a recently released study from the European Migration Network to 18,500.[v]

    Yet it doesn’t make a difference to a citizenship or residency application that a person has been resident in Ireland for years on end; while shelling out exorbitant fees to mickey mouse institutions, and ideally housed in a so-called co-living space. In contrast, anyone with an Irish grandfather has an automatic, ‘racial[vi], entitlement to an Irish passport, and the benefits of citizenship.

    Ireland’s societal drift is not an isolated case, as state authorities around the world use the present crisis to adopt authoritarian methods, either through direct elevation of fascists, or through more sophisticated methods of control playing on innate fears of contagious disease, in cahoots with Internet platforms such as Google, Facebook and Twitter that increasingly deny freedom of expression.

    There are few safe havens available to migrants any longer, no matter what their status, as seemingly there now exists a permanent state of health emergency[vii] that is likely to be used to exclude ‘undesirable’ entrants. However, at least the pandemic has brought a rupture to an environmentally destructive globalisation that has been working to the benefit of the top 1% for some time.

    Image (c) Daniele Idini

    Western Intellectual Imperialism

    The Meursault Investigation (Other Press 2015) written by the Algerian writer Daoud is a rebuke and a critique of the greatest Algerian, and indeed French, writer of the last century, Albert Camus, in particular his iconic book The Outsider (Hamish Hamilton 1946). Daoud’s criticises Camus’s putative racism or imperialism, or simply a lack of empathy for the murdered Arab. Yet given that the author has been the subject of a religious fatwa in Algeria himself, he is presumably sympathetic to Camus’s rejection of extremism. Daoud’s book concludes with a reflection on an idea that Camus himself would approve of, namely how we should hold on to the precious commodity of truth.

    Daoud’s attribution of racism to Camus for accepting continued French control over Algeria, was also made by Edward Said in his Culture and Imperialism (1993).  Both are wrong. As a Pied Noirs – a member of the French community in Algeria that emigrated to the French mainland after independence – Camus was doubly despised as an outsider. Having himself experienced racism, or at least xenophobia, his texts should remain formative to our understanding of the challenge of multiculturalism.

    It should be stressed that Camus promoted peaceful co-existence between the transplanted French and the native Islamic population, and condemned the torture and death penalty inflicted on the indigenous rebels by the French authorities, memorably depicted in Gillo Pontecovro’s 1966 film The Battle of Algiers. But he also recognised there was going to be a bloodletting in Algeria in the aftermath of independence arising from extremism.

    Above all Camus was a product of the Enlightenment and the French tradition of letters and reason. Throughout his novels that encompass his native Algeria along with the French Revolutionary period (The Rebel, 1951), we find a distaste for fundamentalism, whether secular or religious. This should be taken to include extreme advocates of multiculturalism that deny the significance of a country’s cultural inheritance, or diminish the value of common values and norms of behaviour in a polity, while assuming that any state can easily absorb an infinite number of new arrivals.

    Today an influential voice, such as Camus’s, is sorely lacking to courageously espouse universal human rights and the rule of law, against the barbarity of relativism.

    Albert Camus in 1957 by Robert Edwards
    Albert Camus in 1957 by Robert Edwards

    Edward Said

    In works such as Culture and Imperialism (1994) and Orientalism (1978) Edward Said – who I argue unfairly criticised Camus – emphasises the role of literature in the imperialist project of civilising ‘inferior’ races In his analysis of texts such as Graham Greene’s The Quiet American (1955) and Naipaul’s Bend in the River (1979) Said demonstrates how agents of imperialism operate, and how this morphs into murder and subversion, thereby destabilising so-called primitive post-colonial societies.

    In dispassionate fashion, Said also attacks virulent nationalism and an often unstated tribalism – the ideologically indistinguishable Fine Gael and Fianna Fail parties from Ireland are good examples – increasingly evident in our time. He asserts ‘Patriotism, chauvinism, ethnic, religious and racial hatreds can lead to mass destructiveness.’[viii] Said also cites Conor Cruise O’Brien to the effect that imagined communities of identity are hijacked by the petty dictators of state nationalism. I fear we are heading in that direction without the reassertion of universal Enlightenment values.

    Joseph Conrad’s Hearts of Darkness (1899) about the deranged Colonel Kurtz is perhaps the classic text of colonialism,. Set in the Belgian Congo under King Leopold’s genocidal regime of plunder, we see how the civilising mission has mutated into barbarism and murder. Francis Ford Copolla would later recycle the tale into an indictment of the American civilising mission in Vietnam, with Marlon Brando playing Kurz, with utterly contrived insanity.

    Colonialism was a variation, or perhaps a precursor, to the theme of Spengler, often caricaturing the lazy and sensual native, set in contrast to the disciplined, and sexually uptight, coloniser. This required and justified the imposition of jackbooted domination to force submission on the shiftless and degenerate other – a necessary psychological tool conditioning the humanity of both sides.

    Yet the coloniser often serves as a role model for the colonised, as we have seen in the unhappy drift of many post-colonial states towards dictatorship around the world; or as Homi Bhabha puts it: ‘Although colonised subjects endeavour to imitate or mimic the behaviour of the coloniser, the mimicry is always imperfect – almost the same but never quite.’[ix] This best explains racially motivated homicide, such as we saw in the brutal murder of the English soldier Lee Rigby, and in the beheading of foreigners by ISIS – almost the same but never quite.

    New Corporate Colonialism

    Frantz Fanon’s provided a profound insight into how colonised peoples – The Wretched of the Earth – are required to pay the debts of the occupying powers. This has been reproduced in our own societies in the form of austerity. The occupying powers are now the corporatocracy, or those with inherited wealth. The only difference from the colonial period is they are no longer all from the same ethnic group. In fact a veneer of diversity is achieved with the promotion of a few specimens with varied pigmentation, and an embrace of safe, politically correct policies that ignores structural racism.

    Nonetheless, allegations of racism are used by the corporate vectors of public opinion in a similar way to gender politics: as a mask for self-advancement and the elimination of competition. But we also see attacks against the left through a conflation of anti-Zionism with anti-Semitism. This was clearly evident in the stitch up of former Labour leader Jeremy Corbyn, who failed to grasp how he, a long-time anti-rascist campaigner, could be accused of being racist, and was too nice, or loyal, to comrades who had fallen over the edge into outright expressions of it.

    Vast sectors of the developed world are now easy picking for a corporate colonialism facilitated by transnational law firms, and endorsed by governmental and inter-governmental agencies, including the E.U.. Fanon’s warning echoes across time: ‘The people’s property and the people’s sovereignty are to be stripped from them.’[x]

    Fanon also pointed to how mental illness, neurosis and de-rationalisation are responses to post-colonial subjugation. This is being revisited under conditions of austerity, which the Covid-19 pandemic is accelerating. It perhaps explains why so many on the far-right seem unhinged. In my own professional practice as a London barrister I have seen a decided increase in unreal vantage points, with some people feeling like spectators in a film of their existence.

    So what conclusions can we to draw on multiculturalism from the vantage of post-Brexit-post-Covid-limbo-in-London, and with Euro-wide fascism and racism on the rise, as fixed borders return and semi-permanent exclusion zones are put in place?

    Intimations of Decline

    Historically, pandemics have inflamed existing xenophobia and led to racial scapegoating. When the incomparably more devastating Black Death arrived in Europe in the 14th century, cities and towns shut themselves off from outsiders, assaulting, banishing and killing ‘undesirables’ – mostly Jews. Through a combination of state propaganda and media hysteria the contagion of fear has reached medieval levels. Racism is on the rise across Europe, even in the U.K. where the legal status of non-nationals is increasingly precarious.

    The virus is used as an excuse to mount another attack on beleaguered migrants. Thus the fascist Hungarian Prime Minister, Viktor Orbán, recently announced:

    We are fighting a two-front war: one front is called migration, and the other one belongs to the corona virus. There is a logical connection between the two, as both spread with movement.

    Meanwhile President Trump has called the virus a Chinese conspiracy, or Kung-Flu

    Here I propose three tentative responses, which may not make for easy reading:

    1. The liberal multicultural consensus based on the rule of law, humanism, tolerance, the promotion of excellence irrespective of race, and a measure of affirmative action to compensation for historic discrimination has broken down. In an age of extremes, even some on the left are demonising the diseased other, but intellectually impoverished commentators refuse to recognise the extent of this. Extremism looks set to get worse even in multicultural Britain, particularly if the economic depression accelerates. This requires a reassertion of intellectualism, Enlightenment values, and interdisciplinary exchange.
    2. An open door policy, or really one designed to drive down labour costs, promoted by Angela Merkel and others cannot be maintained. Focus should now shift, if it all possible to addressing the underlying challenges of post-colonial states, especially in Africa, through debt relief and an end to the exploitation driving many conflicts. A New Deal for Africa is required. Italy cannot be expected to accommodate the millions that are seeking refuge there each year under the Dublin Regulation. If the European Union is worth anything, the existing refugee burden has to be shared more equally, and those states such as Hungary that refuse to participate should be sanctioned or excluded from the Union altogether.
    3. The U.K. extradition courts look set to be flooded with the deportation of the undesirable through revivified warrants. Racially motivated crimes and targeting will continue apace and seem likely to be unchecked by functioning state authorities. This demands a response, challenging the nonsense of racism, but in a way that does not consolidate stereotypes, as I fear the Black Lives Matters movement does. Iconoclasm and statue-breaking have a role to play, but let’s not throw the baby out with the bathwater. Churchill was in many ways a barbarous imperialist but without him Europe would have succumbed to Nazism. There are civilized institutions and literary canons worth upholding.

    It might come as a surprise that I am more optimistic about the U.K. than elsewhere in Europe; even Boris Johnson for all his buffoonery during the pandemic is not a savage by comparison with the Mussolini-lite characters that are increasingly evident in European governments.

    Look familiar?

    Relativism and Human Rights

    The dominant conception of human rights among legal scholars around the world – including David Deng, An Naim, Yash Pah Ghai, Upednra Baxi, and Richard Rorty – is of a universality adapted to the practices and norms of a given society. So if multiculturalism is to regain traction it must acknowledge universal human rights, and not blithely accept archaic tribal practices or religious extremism; yet at the same time we should retain what is enduringly decent in a particular society.

    Fanon and Said provided an insight into the destructive effect of post-colonial racism. Under neo-liberalism we now see an overt far-right fascism, but also a structural form under the centre-right, which is overseeing the impoverishment of all but the super-rich, while maintaining a veneer of inclusivity. Now with an economic and environmental meltdown on the horizon it is time to assert universal Enlightenment values, and fairly allocate the resources of the Earth, while leaving room for diversity and even eccentricity.

    Featured Image is of Frantz Fanon 1925-1961.

    [i] Richard Thurlow, ‘Destiny and Doom: Spengler, Hitler and ‘British’ Fascism, Patterns of Prejudice, Vol 15, no. 4, 1981, https://www.tandfonline.com/doi/abs/10.1080/0031322X.1981.9969635?needAccess=true&journalCode=rpop20

    [ii] Collins Online Dictionary defines this as: ‘a type of journalism that relies on reusing existing material such as press releases and wire service reports instead of original research, esp as a result of an increased demand for news content’, https://www.collinsdictionary.com/dictionary/english/churnalism.

    [iii] Jim Waterson, ‘Guardian announces plans to cut 180 jobs’, July 15th, 2020, https://www.theguardian.com/media/2020/jul/15/guardian-announces-plans-to-cut-180-jobs

    [iv] Josh Clarke, ‘Are we all descended from a common female ancestor?’ How Stuff Works, https://science.howstuffworks.com/life/evolution/female-ancestor.htm

    [v] Untitled, ‘Ireland Number of Non-EEA Students in Higher Education Jumps by 45% Over Five Years’, ICEF Monitor, June 11th, 2019, https://monitor.icef.com/2019/06/ireland-number-of-non-eea-students-in-higher-education-jumps-by-45-over-five-years/

    [vi] Ronan McCrea, ‘Covid-19 laces granting of Irish citizenship with danger’ July 14th, 2020, Irish Times, https://www.irishtimes.com/opinion/covid-19-laces-granting-of-irish-citizenship-with-danger-1.4303461

    [vii] Kitty Holland, ‘Restrictions on Travelling Abroad May Last Several Years Expert Warns’, Irish Times, July 12th, 2020. https://www.irishtimes.com/news/health/covid-19-restrictions-on-travelling-abroad-may-last-several-years-expert-warns-1.4302672?mode=sample&auth-failed=1&fbclid=IwAR0UPREs1c4aZPlKnVL3ZtC5ZUh5nruoD-5m54MUyf-HvVdP31IXcJVvRFE&pw-origin=https%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fhealth%2Fcovid-19-restrictions-on-travelling-abroad-may-remain-up-to-10-years-expert-warns-1.4302672

    [viii] Edward Said, Culture and Imperialism, p.22

    [ix] Homi K. Bhabha, The Location of Culture. Routledge, London ; New York, 1994, pp.85-92, https://prelectur.stanford.edu/lecturers/bhabha/mimicry.html

    [x]  Frantz Fanon, The Wretched of the Earth (1961), p.152

  • Enforcing Environmental Rights

    Introduction

    However scant the support provided by the legal process, as a lawyer I am drawn to rights-driven considerations. In terms of recent context – blinkered by the present over-reaction – Obama’s climate change initiative has been overturned by Trump, who effectively tore up the Kyoto Accord.

    The internal U.S. solution to climate issues is to endorse such market-driven approaches as ‘Cap and Trade’. For example the Law and Economics movement allows and encourages individual U.S. States to permit, through legislation, permission to purchase the right to pollute. Obviously what happens is that once a corporation’s pollution credit is exhausted in a given State they simply move on. It is, in short, a polluter’s charter.

    A pollution or carbon tax is justified on the basis that it will promote efficiency but little account is taken of the externalisation of environmental meltdown, or on whether it is regressive or not. China’s ongoing disregard for pollution controls and restraints on consumption is well documented. The excuse given is that the U.S. is doing worse. So there seems to be little hope of the Big Two changing course.

    Nonetheless, as we will see, such ‘environmental rights’ as there are can be divided into three distinct categories: environmental procedural rights; the right of environment and the right to environment.

    A Consensus of Crisis

    Discourse on the status of the Blue Planet is varied and complex. On the one hand it is quite clear that it will survive climate chaos even if humankind does not. Gaia, as James Lovelock conceives her, has an infinite capacity for renewal and regeneration. But the scale and imminence of the impending disaster is being carefully manipulated in the vectors of public opinion. Trump, Bannon and others should be indicted for the crime against humanity of ecocide.

    The science is saying – the work of Elizabeth Colbert in particular – that without radical action, within sixty years the remaining wild mammals may be extinct. In these circumstances human extinction is likely to occur by increments.

    Various parts of Earth will be rendered uninhabitable through plant and animal die outs, destroying natural habitats and accelerating ecological meltdown. Raised temperatures will foster further mass migrations, with no clear destination, or pity, emanating from the privileged few, as quarantining of refugees in secluded detention centres becomes the norm.

    Radical inequalities in wealth and assets will diminish life expectancies through poverty and an under-resourced and undermined welfare system. Death on the Instalment Plan, as Louis-Ferdinand Céline put it after the Great Depression awaits for many of us. So in the medium term a mass extinction seems unlikely. More likely there will be significant population culls as a cost-benefit analysis to human life is applied.

    A crucial consideration, flagged in detail by John Gray, is that the top soil on which agriculture rests is being rapidly eroded. Furthermore, of even greater concern perhaps, is that chemical inputs into agriculture are wreaking havoc with natural ecosystems.

    Gray has previously argued in favour of an alliance between moderate conservatism and the green agenda, conserving venerable institutions while enhancing environmental and civic health. This is a variant on sustainable growth or development. Unfortunately, this admirable ideal appears to have little chance of success in the real world of power and money.

    Besides, the post-truth plague has put wind in the sails of climate change denial, as inaccurate and self-serving ideas are peddled by the likes of Michael O’Leary. These are accepted as valid points of view, as part of a misplaced notion of balanced coverage.

    The agenda is clear. The far-right prizes its assets and its riches, and prefers to pillage the Earth, rather than protect the planet.

    Collapsing Glaciers, Arundhati Roy and Indian Precedent

    According to the Geophysical Research Letters the ongoing melting of the glaciers of Antarctica is expected to be exacerbated by the collapse of the greatest canyon on earth: the Denman Glacier. By now the glacier is mostly cut off from the sea due to the level of glacial ice piled inside and atop the ravine.

    As the glacier’s edge continues to retreat down the slope, however, warm ocean currents will pour into the canyon, battering bigger and bigger sections of the glacier and gradually turning the Denman trough into a giant bowl of melt water, with nowhere to go. This scenario could have a runaway feedback loop of melt that ultimately returns all of Denman Glacier’s ice to the sea — risking a nearly 5 feet (1.5 m) rise in the planet’s sea level.

    This could lead to significant migrations from South to North – a mass exodus in fact – as overheating increases, joining the ever prevalent boats arriving in Sicily and elsewhere on the Mediterranean. I fear increasingly draconian measures to control migration and effectively dispose of fellow human beings.

    The developed world is not immune however. The environmental crisis, coupled with inevitable pandemics to come, is likely to precipitates a global financial collapse. The recent Financial Crisis has already brought ‘strong man’ leaders, and an increasingly oppressive jackboot state in so-called democracies.

    Assets need to be preserved, and those who threaten the status quo and the inward rapacious march of unchecked capitalism may be disposed of. As John Gray remarked in a different context: ‘The quickening advance of science and technology in the past few centuries has not gone with any comparable advance in civilization or human rationality.’

    Many human rights organizations reliant on funding and sponsorship from right-wing think tanks are becoming less than eager to confront the hard issues, as the consequences for doing so is a withdrawal of funding. The priorities of the Ford Foundation and others, who fund NGOs, brings a devotion to identity politics rather than the crucial issue of climate change.

    Those therefore, such as the Indian writer Arundhati Roy, who challenge rapacious capitalism around the world, or have the temerity to object to its nefarious agenda will be murdered, imprisoned or simply disappeared. This goes hand-in-hand with sectarian repression in India where, ‘people are graded and assessed according to their faith.

    Naomi Klein has offered a powerful critique in a series of books ever since The Shock Doctrine (2007). The important point to grasp is that the Chicago School approach of enforced shocks and distractions occlude sinister power grabs. The Covid-19 pandemic is a perfect sideshow in this respect for a shake down by large corporations. Over-reaction and mass hysteria about a virus becomes another distraction from a bigger picture of environmental, and social, meltdown.

    In India and beyond, Arundhati Roy demonstrates how neo-liberalism and environmental damage go hand in glove in her Capitalism a Ghost Story (2014).  Since the publication of The God of Small Things (1997) she has channelled her energies into political activism against the growing environmental and economic calamity being perpetrated on her native land, through the depredations of neo-liberalism. It is that political conscience that is the primary interest of her new awareness.

    In Capitalism: a Ghost Story there are all sorts of resonances to her new work of politicized fiction The Ministry of Utmost Unhappiness. There is the mass evictions of India’s ‘surplus population.’ The street vendors, rickshaw riders, the small shops and business people, that brought the suicide of 250,000 farmers. This forced displacement, often from rural areas to cities, augments wealth of the one percent of plutocrats who control India. A graveyard, or simply being simply dumped in a river bed, is often the fate of the displaced, or the disappeared.

    It is clear in both books that this is the product of  a society where corruption is endemic. Inequality works to the benefit of monopolistic corporate interests, involving crossover interests of transnational corporations and law firms. Even the NGO sector won’t cut it as Roy saliently points out: ‘charity douses anger with pity.’ It can even silence criticism of neo-liberal atrocities by deflecting attention to ‘safer’ human rights issues such as gender equity.

    Roy has suggested that Covid-19 offers a portal that may allow us to mend the error of our ways. I hope she is right.

    https://vimeo.com/426871719?fbclid=IwAR2MMWAdI_jbI1ASvY78K-XBh-QxPMrgWIUTdjuclsedx-wWv5CHtLP-XEo

    Dissent from Sweden

    This brings us to Greta Thunberg, our only child public intellectual. Aged just sixteen, Time Magazine saw fit to make her its person of the year for 2019. She became famous for not attending school to demonstrate against her government’s inaction over climate change, leading to a spate of copycat demonstrations.

    Her recent short text, available in any decent book store for £2.99, No One is Too Small to Make a Difference (2019), provides a summary of her speeches. She questions, given an imminent mass extinction, whether attending school is a terribly worthwhile idea, and identifies a cathedral solution. This is a brilliant analogy as we need deep structural and integrative thinking, and the leadership of the just and the wise. She might also have noted that serfs and slaves built the cathedrals, just as wage-slaves constructed those great cathedrals of capitalism: the skyscrapers.

    Greta Thunberg sees the world through black and white lenses. Good and evil. This provides a refreshing clarity, demanding action to be taken now, or her generation has no future. She is right insofar as the overwhelming majority of scientists are to be believed.

    Fortunately she is Swedish and retains a comparative freedom to speak her mind, despite the chastisements of Mr. Trump. The writ of neo-liberal justice does not extend to that Nordic country just yet.

    Little wonder also that anarcho-syndicalist groups such as Extinction Rebellion have gained traction when the political process has failed. The dangerous vista of extra-legal tactics, beyond civil disobedience, is on the horizon. The beast is slouching towards Bethlehem.

    Applying Sustainability in Our Daily Lives.

    There are also environmental considerations about the quality of civic life. Alain de Botton’s The Architecture of Happiness (2006) argues that the kind of buildings we inhabit and work in make a profound effect on our wellbeing. The poet Kathleen Raine pointed to a sense of homecoming when we encounter cities ‘where in architecture, sculpture and painting, the needs of the spirit are met.’ She attributes a growing alienation in the Britain of the 1960s to the architectural fashion of the time.

    It is self-evident that operating in an aesthetically pleasing home environment will raise the spirits, and yet this idea is often dismissed. Placing people in Bauhaus tower blocks creates battery hens. America is the paradigm of the skyscraper mentality, with Chicago’s Louis Sullivan ‘the father of the skyscraper.’

    I have visited perhaps the seminal modernist or rather brutalist example of sustainable living apartments. Le Corbusier’s Unite d’Habitation (1952) is the perfect expression of his idea of ‘a machine for living in.’ Although wonderful in principle, in application it is a bastardised disaster.

    East elevation of Unité d’habitation Marseille in 2019

    How can you function properly, or think straight, while raising a young family living in an overpriced tenement which chews up most of your salary? Commuting to work compounds the problem, as you spend your spare hours on a train going to and from an ‘open plan’ panopticon of a workplace that generally diminishes your wellbeing. Sedentarism and a lack of exercise will shorten your life span and diminish a capacity to think freely. Failures in Irish urban planning, such as Ballymun Tower Blocks, lay behind the heroin epidemic of the 1980s.

    Yet there is good urban planning that raises the spirit. Paris was a crime and slum invested medieval city until the Baron de Haussmann developed a prototypical grid system, after Napoleon III instructed him to bring air and light to cetnre the city, to unify the different neighbourhoods with boulevards, and to make the city more beautiful. Yet today beyond the city limits, the architectural depredation of les banlieues has engendered the social dislocation and La Haine.

    Camille Pissaro, Avenue de l’Opera

    In Ireland Mary Robinson spearheaded an attempt to preserve the Viking Wood Quay settlement many decades ago, which was an early intimation of her ongoing attempts to raise global conscience, and force environmental regulation and climate change awareness in Ireland.

    It should be noted that great businessmen – which is not entirely an oxymoronic idea – think long-term and in terms of fundamentals of life. Benevolent capitalists, such as the Adriano Olivetti and John Cadbury, had regard to the quality of life of workers and housed them appropriately, endowing long obsolete privileges such as pensions and benefits.

    We need to discover an ecologically harmonious way of living rather than simply eco-friendly consumer choices, such as one discovers in a fabulous recent book called, Norwegian Wood: Chopping, Stacking and Drying Wood the Scandinavian Way.

    Imperfect Legal Solutions

    As indicated, in procedural legal terms the broad notion of ‘environmental rights’ can be divided into three distinct categories: environmental procedural rights; the right of environment and the right to environment.

    Environmental procedural rights include those associated with rights of participation in decision-making, access to information and the ability to access justice, such as is expressed in the Aarhus Convention under European Union Law. But any consultative processes and public hearings are irrelevant if outcomes are pre-determined.

    The right of environment is perhaps the most radical, envisaging as it does a value in the environment beyond mere human benefit. Such an approach assumes that the environment should be held as a good on its own merits, and protected as such. The argument is based on the position that it is arbitrary to restrict justice and rights exclusively to inter-human relationships and to tolerate a situation in which interested parties are deprived of essential values in the distributive process on the basis of morally irrelevant factors – such as their not being human.

    Finally, there is the right to environment. This was first given international expression in the Stockholm Declaration, Principle 1 of which stated that ‘[m]an has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being …’

    The right to environment is conceptualized as a right pertaining to each individual – the environment is valued not on its own merits, but in light of its importance for human existence. The exact description of the right has been framed in various ways. A range of adjectives have been used: decent, healthful, natural, pure, clean, ecologically-balanced, safe (see International Environmental Law and Policy for the 21st Century, Pring and Nanda). Throughout the literature, a common theme is that of ensuring human health is not put at risk by environmental degradation. Obviously, this approach is open to the criticism that it is entirely anthropocentric.

    So do we assess the environment as a benefit to us as humans or as an intrinsic good in and of itself? I would argue in favour of the latter approach. But legal case law and rights are toothless fairies if there is no political will to implement them.

    Coda

    So legislative and constitutional protections exist and lobbying continues apace. This seems destined to fail, although I have not given up hope. In the present circumstances – portals or otherwise – as creatures of bounded rationality, with limited time, what we can do in our own lives is at least try and do as little harm as possible.

  • In Conversation with David Langwallner

    London-based Barrister David Langwallner, the founder of the Innocence Project in Ireland, responds to the latest interview with Edward Snowden.

    He distinguishes between private concerns and socio-economic rights; with the latter more urgent than ever during this period of crisis. By comparison, he says, privacy considerations are not essential: ‘the most important human rights are food, shelter and housing.’

    Langwallner also addresses the increasingly blurred lines between our real and virtual selves asking: ‘once we have de-humanised social interaction how are we really to know one another?’

    He reckons people are over-reacting, ‘in a state of shock,’ and losing all sense of proportion: ‘Yes it is a crisis, but it is a hyper-inflated, neo-liberal world pandemonium that has taken place and the danger is that you lose sight of the bigger picture.’

    He fears, ‘they’ll bail out the bankers, but small businesses will be screwed,’ and asks, ‘will the Germans finally step up to the plate?’

    Langwallner traces many of our current problems to a technocratic style of governance that has overtaken many institutions, such as the European Union. He says: ‘I don’t like textbook people – they are useless and shouldn’t be in decision-making positions.’

    ‘What the press should pay attention to,’ he says, is the melting of the largest glacier in Antarctica which could raise ocean levels by five feet.’

    As regards the threat of the virus, he reckons more people will die from mental illnesses, as a collective de-humanization occurs. Yet he reserves hope that Boris Johnson’s brush with death could engender a more compassionate conservatism. He hopes that within Britain there is enough of a social democratic consensus, but isn’t so hopeful about Ireland.

    Langwallner also revisits his stern criticism of post-modern philosophy which is helping extremists get into power. Neo-liberalism has failed as an idea he says: ‘we require a Keynesian New Deal and prohibition of vulture funds, as well as the introduction of basic income.’

    He fulminates against a media that reports on the speech of ‘corporate monsters’ such as Michael O’Leary who has denied climate change.

    As regards the forthcoming U.S. Presidential election he urges Americans to support Joe Biden against Trump for the sake of a global consensus on climate change.

    Coronavirus is like the symptom of an underlying disease. It is the toxic combination of ecocide and neo-liberalism … If you are very rich you can self-isolate, but most of us have to interact with the public

    He closes out with a call for people with an interdisciplinary approach to take control, the abandonment of neo-liberalism, and a radical response to climate change. ‘There is hope, but there is real danger.’

    Interviewer: Daniele Idini
    Mixing: Massimiliano Galli
    Video: Fellipe Lopes

    Apologies for the poor sound quality in parts of this conversation. We aim to improve!

  • It is Time for a Renewed Deal

    U.S. President (1932-45) Franklin Delano Roosevelt was born into one of the most aristocratic families in America. A distant cousin, Teddy, had even been elected President. In his youth FDR, as he became known, was a bon vivant and ladies’ man, who strayed from Eleanor, his saintly but formidable wife. This blue blood seemed an unlikely person to buck the entire system of U.S. capitalism. He remains a hate-figure for U.S. Conservatives to this day.

    Any account of his life should include the enormous personal tragedy of incapacitation from polio. He could not walk, a disability which may have broadened an empathy for others’ suffering. He was elected President in 1932 on a platform to provide a New Deal to the American people after the Wall Street Crash of 1929 and ensuing Great Depression. The destitution of the American people is movingly depicted in John Steinbeck’s Grapes of Wrath (1939), where a group of ‘Okies’, led by Tom Joad, are ruined by dustbowl conditions, and the calling in of loans by ruthless bankers, and in E.Y. Yip Harpburg’s Broadway Musical Brother Can You Spare Me a Dime (1930). Even brokers were forced to eat from soup kitchens, as erstwhile respectable folk were reduced to ‘hobos.’

    A bull market of speculation collapsed after an unregulated free market had built mountains of sand out of folly and greed. The dominant economic philosophy of laissez faire brought light touch regulation and government passivity, as with our present, similarly hegemonic, neo-liberalism. The view then, as today, was that government had no business interfering in private transactions and that wealth, growth and efficiency are best achieved through the operation of an Invisible Hand. The banking crash from 2007 has had similar deleterious social consequences.

    FDR in 1933.

    FDR adopted the then heretical advice of the economist John Maynard Keynes that to save capitalism it was necessary for the government to intervene in the market. He set up national agencies and support structures for aid and assistance. It was a bailout to protect the poor and disenfranchised, not the rich. His New Deal was in the national interest, not to protect vested interests. The Supreme Court initially blocked the legislation, insisting it had no business varying contracts. In response, an exasperated Roosevelt informed the judges that if they did not approve his legislation he would appoint new ones, which led to a change of heart. This became known among wags as ‘the switch in time that saved nine.’

    The assumption of liberty of contract is that anyone is free to enter into a bargain under whatever terms they choose, but once the deal is struck they are bound by their word. But this is based on the pretence that the market is a level playing field. Many sign on the dotted line without fully understanding the implications, or do so under duress.

    Roosevelt may at times have displayed an ambivalence towards democracy, but he favoured those at the bottom of the social ladder, as he recognised that democracy had been sabotaged by vested interests. Just like today, transnational corporations and law firms were dictating to governments. He revived the U.S. economy through a Keynesian stimulus as government expenditure raised aggregate demand. This brought investment to help ordinary people, not the infliction of wanton cruelty in the form of perma-austerity that runs contrary to even capitalist logic. The best evidence is that a mixed economy, combining private enterprise and public initiative, with social safety nets and support for small enterprise, is a model that works best for society as a whole. Keynes was right then, and still is, but over time his approach went out of fashion.

    John Maynard Keynes in 1933.

    In late 1970’s Britain in particular, the excesses of socialism were becoming obvious, with the three-day-working-week, refuse on the streets, and the stranglehold of government by the Unions. In circumstances where initiative was stifled, Margaret Thatcher and Ronald Reagan championed the old doctrine of unregulated markets, conveniently referred to as neo-liberalism. The ideological underpinning came from the Austrian Friedrich Hayek and the Chicago School under Milton Friedman.

    The curious assumption was that wealth would trickle like manna from heaven down from rich to poor under free market conditions. Instead we got the 1980s yuppies like Donald Trump, accumulating vast fortunes. Over time we have seen a dismantling of the Welfare State; the removal of social protections and safety nets. Today the richest 1% are on target to own two-thirds of all wealth by 2030, with the rest of our existences increasingly precarious. The distinction between working class and middle class is being eroded as we revisit a medieval pyramid of barons and serfs. Yet, ironically, Hayek actually described socialism as the new serfdom. But old-fashioned Marxist class divisions no longer make sense.

    The unprecedented banking collapse after 2007 led to bail-outs being awarded to those who were responsible, and the infliction of austerity on the wretched of the earth. This led Nobel laureate economist Joseph Stieglitz to point to a socialism for the rich and capitalism for the poor. Yet those countries which adopted Keynesian approaches – including nationalisation of banks – such as Iceland, have been vindicated by stabilisation and recovery.

    Ireland achieved the worst of all possible ends. It established a bad bank NAMA, which cut deals with failed property speculators and lawyers and the congeries of the corrupt. As the IMF and Europe imposed austerity on the defenceless masses, those responsible were bailed-out and their debts cancelled. The fraudulent banks had made money on misrepresentations, providing negligent lending advice about the value of stocks, investments and credit ratings. This caused the economy to overheat and generated a property bubble that many had pointed to. Now institutions continue to foreclose against the poor and defenceless, as sanctity of contract is insisted on. The perversion of the system it that the richer you are, the more easily you can cut a deal; the logic of a bank too big to fail.

    The neo-liberal recasting of homo sapiens into homo economicus, also initiates a new form of Social Darwinism, permitting the survival of the most ruthless in a dog eat god universe. We have seen a slippage in standards, where the young are habituated to lying, having witnessed the deceit of those in high office. Lines between fact, semi-fact, lies and deceptions have been blurred. Even in the courts of law fabricated cases have reached pandemic proportions. This has also led to increasingly vicious tactics against those who demure: like a plague, the corruption of banks has spread to other private agencies and even state institutions; where whistleblowers are systematically undermined. In a distorted world, the mugshots of heroes of our time now feature in rogues’ galleries of subversion. The indicted include human rights lawyers, public-interest journalists, and anyone in public life with a shred of a social conscience.

    It is an increasingly divisive ‘them’ and ‘us’ social setting, where the poor, the migrant, the displaced, the activist, and the public intellectual, are marginalised and destroyed in increments. Targeted assassination by the state is now evident across Europe, and not just under Mr Putin. Our corporate suzerains lead political discourse towards safe issues around individual entitlements. Suddenly the political class are all in favour of gay marriage, gender equality and decriminalising someone for puffing on a joint. But what about more fundamental rights intrinsic to sustaining human life, such as health care, housing and social support?

    Around the world courts are evicting and rendering homeless surplus populations, and in India dumping them on the streets. Housing, either buying or renting, is increasingly unaffordable, diminishing the prospect of human flourishing. Now crucially also, the privatisation of health care has led to life or death becoming a matter of affordability not a right or entitlement. There are other sinister ramifications. Those teachers, academics or professionals in badly paid but socially worthwhile occupations must toe the line, or are fired for exposing corruption. Survivors sing for their supper, while in journalism the phrase he who pays the piper calls the tune is increasingly apt.

    The wise sensei or village elder is no longer looked up to, but instead the old are being asked to quietly await their death. Intelligence and achievement have to be costed and channelled into wealth producing activities. You are not seen as a man if you do not have the mentality of the hunter.  Short-termism both in contracts and outlooks has brought reactive decision-making, wherein people are desensitised to the suffering of others. These depredations being heaped on society are deliberate. The Shock Doctrine pioneered in Chile and Indonesia by neo-liberals in the 1970s have been visited on Ireland and Greece, and elsewhere. It brings cuts in funding to socially useful public agencies, such as libraries, which are being gradually eliminated. There have also been huge cuts to legal aid, imperilling the ability of the innocent to defend themselves against criminal charges.

    It is clear that we require a Renewed Deal, bringing Keynesian stabilisation measures, including support for small businesses, social safety nets and the shutting down of corporate tax avoidance. The E.U. must desist from imposing austerity under the guise of the Growth and Stability Pact, and reinforce regulatory protection of labour rights and the environment, resisting the lobbying of giant corporations. Courts in Ireland should also recognise a basic human right to housing, including prohibition against arbitrary eviction, as well as healthcare. So let us organise a petition then for an umbrella organisation to bring a Renewed Deal to the world.

    Codicil

    I write this as the Coronavirus pandemic sweeps through the world, with governmental intervention and support in the Keynesian sense right back on the table, particularly in the U.K. But there is appearance and there is reality; smoke and mirrors.

    My concern is with the Malthusian ideas emanating from an ongoing devotion to the tenets of neo-liberalism, and also that social distancing and other precautionary measures will accentuate pre-existing social atomization, and amplify a lack of care and concern for one another.

    Emergency measures could also empower authoritarian elements within States, undermining cherished civil liberties.

    My fear is that any Renewed Deal and stimulus to avoid economic meltdown under the politicians currently in power in the U.K. and Ireland will be selectively targeted, with many if not most of an over populated planet permitted to wither away by increments. We cannot have another Bailout to preserve the assets of those at the top of a latter-day feudal pyramid.