Showing posts with label political accountability. Show all posts
Showing posts with label political accountability. Show all posts

Saturday, September 05, 2009

Another Example of the All-Intrusive State

The suffocating embrace of Jersey's increasingly all-intrusive state continues, it seems, to grow apace.
Clameur de Haro has received the missive below from the rather grandiosely-titled Assistant Director, Environmental Protection, reminding him that oil spillage can (only can?) cause long-term damage to the environment (well Good Heavens - whoever would have guessed?) and enjoining him to affix to his oil tank a sticker urging preventive measures apparently derived, not so much from accumulated environmental expertise, as from the Handbook of the Bleedin' Obvious.

Check, CdeH is beseeched, the oil level in your tank before ordering more oil: gosh, never would have thought to do that.

Now Clameur de Haro would never, other than indulging in a little urinary extraction at the expense of the jobsworths, decry the need to protect our natural environment from avoidable pollution of this type (the need to expose and attack constantly the fallacies of the Great Anthropogenic Climate Change Scam being an entirely different matter). But there are a couple of aspects here which are troubling - apart from the obvious one of yet more public expense.

Firstly, to what extent was the public made aware that the 2007 Building Bye-Laws contained a provision requiring the display of an oil care sticker on domestic oil tanks? This in itself is a comparatively innocuous requirement, but what if it had been something altogether more drastic and far-reaching? Building Bye-Laws are either made by the Minister or go through the States Assembly on the nod with precious little scrutiny, so where was the information to the public?

Secondly, and even more disturbing, just how is the Planning and Environment Department aware that Clameur de Haro even has an oil tank? The majority of his neighbours use gas, and his tank installation was not one that required planning permission at the time it was undertaken, so from where, precisely, is P&E's information derived? The obvious inference has to be that it came from the oil suppliers, who presumably made their customer databases (and what else? - amount of oil usage?) available to P&E for the purposes of the latter's mailshot.

If so, then the oil suppliers have quite possibly breached local data protection legislation, and the States of Jersey in turn have either been complicit, or even procured the breach. CdeH provides personal information to his oil suppliers for the purposes of his business relationship with them, not in the expectation that it will be passed on to the agents of the state, and he will be taking this up with them.

Perhaps Jersey's Data Protection Commissioner, one of the few senior public officials for whom CdeH has much time, could adjudicate.

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Saturday, August 08, 2009

A Clear Case of Black (Ian) and White (Wash)

It's not often that Clameur de Haro finds himself agreeing with Geoff Southern about anything, but CdeH stands four-square with Mr Southern in his condemnation of the glossing-over by a clearly embarrassed and defensive Establishment of the incompetence and dereliction of fiduciary duty to the taxpayer exhibited by States' Treasurer Ian Black (who, CdeH notes, reportedly attempted to deflect the blame on to the former TTS CEO) in failing to ensure that the incinerator contract was hedged against an adverse exchange rate movement.
This is such a basic requirement - in CdeH's private sector worlds, both past and present, even comparatively junior mid-level finance executives are aware of the need to hedge a substantial currency risk exposure - that its omission virtually defies belief.
Are we to assume that no-one at all, in either the Treasury or TTS, realised the need? Because if that really is the case, then the implications for the management of Jersey's public finances, politely describable as sub-optimal at the best of times, are truly frightening. And the proposal to place Treasury accountants in all departments suddenly looks like not a very good idea at all.
Catching up on the last couple of weeks' Jersey Evening [sic] Post's back numbers since returning to the fold, Clameur de Haro spied Christine Herbert's Business Focus of 28 July, revealing that the Treasury is to deploy more public funds into the markets: presumably this will involve Mr Black's professional oversight of the investment strategy and the investment advisers.
Time for Under The Mattress as a safer option, maybe?
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Sunday, December 14, 2008

Wendy Kinnard – Good Riddance (Part 2)

So farewell then, Wendy Kinnard – who as of last week no longer blights Jersey with her political subterfuge and spectacular ministerial unfitness.
Hard as it is to beat the record of sheer incompetence which Trendy Wendy displayed in her political stewardship of La Moye Prison, Clameur de Haro? reckons that the ineptitude she displayed in political oversight of the Police during her tenure of office, firstly as Vice-President and then President of the old Home Affairs Committee, and subsequently as Minister of Home Affairs, comes pretty close.
Kinnard was closely involved in the disastrous recruitment of Graham Power as Chief of Police in 2000. Despite having no particular qualifications or expertise in any kind of candidate evaluation, interview, or selection, politicians always consider themselves to be somehow blessed with these skills, and the States’ records of the time reveal that Trendy Wendy, a politician not noticeably troubled by any detectable excess of modesty or doubt about her own intellect and abilities, and who would have considered herself eminently suited to participation in the selection process, was a member of the interviewing and appointment panel: it’s surely inconceivable that, as Vice-President of the Home Affairs Committee, she did not play a pivotal role in the appointment.
As CdeH? posted on 6 December, Mr Power, distinguished since his arrival in Jersey by nothing so much as a constant near-invisibility, had up to that time enjoyed a previous career most remarkable for, firstly, his attempt to sue the political authority of the Scottish Northern Constabulary for racial discrimination - on the grounds that he was English – when it (wisely in the opinion of CdeH?) passed him over for the role of Chief Officer, and, secondly, the quite extraordinary regard in which he was held by the rank-and-file rozzers in his previous post – so much so that they allegedly arranged his funeral for him - complete with vacant coffin.
It’s surely equally inconceivable that Kinnard did not play a similarly crucial role in the appointment of Lenny Harper to the post of Deputy Chief of Police in 2003, although by that time somebody, somewhere, no doubt aware of the way the wind might be blowing, had the foresight to involve Sir Ronnie Flanagan in the “rigorous assessment” of Harper’s fitness for the post following his recruitment as Chief Superintendent and Head of Operations the previous year. Whether that was indeed foresight, or alternatively precautionary political CYA tactics, is for the reader to judge in the light of subsequent events. CdeH? has certainly made his own judgement.
A reasonable subject for speculation though, is the extent to which Kinnard would have found Harper’s views on the nature of policing in a modern society most agreeable to her essentially leftist and so-called “progressive” politics: Harper, it will be recalled, had obtained an upper-second in Government and Politics, and gone on to secure a masters’ degree in Criminal Justice Studies.
Given the then cultural slant of degrees of that type, and their popularity among the new wave of senior police cadres committed more to the selectively managerialist and social-engineering philosophy of policing rather than to the crime-prevention / impartial law-enforcement one, it’s a very tenable proposition that his qualifications would have imbued Harper with many of the precepts of the political-correctness view of society and its approach to policing it: and that this would have chimed effectively with Kinnard’s own innate (but carefully concealed for public consumption) left-liberal radicalism.
Power, incidentally, sported his own MA in Politics, Philosophy & Economics obtained from Queens, Oxford, in 1979, which might well also have appealed to Trendy Wendy’s political worldview (you might have thought, might you not, that an aspiring senior copper would have wanted to acquire a graduate qualification in law or jurisprudence? - clearly a PPE was considered likely to be more in tune with the future zeitgeist).
The scene was therefore set for what was to follow.
Many, including CdeH?, remember the disturbing conduct of the police reinforcements imported from the UK around the time of the England-Portugal clash during the 2006 World Cup. After dramatically talking up a potential crisis (an early precursor, had we but realized it, of the Jersey Police management’s taste for the sensationalist press release), thereby increasing the likelihood of some kind of mayhem, the Police manifestly over-reacted, both to the implied threat of disorder (never likely to involve more than a couple of drunken yobs attempting ineffectively to indulge in handbags at ten paces), and to the little disturbance that did in fact occur.
Meanwhile, however, elderly ladies of impeccable behaviour and manners, seeking to do nothing more mayhem-generating than gain access to the Jersey Arts Centre, were subjected to frightening, intimidating, aggressive and threatening tactics from those UK reinforcements, gallantly arrayed in helmets, batons and riot shields (and why not?.......CdeH? recognizes that elderly ladies denied legitimate access to an arts centre were far more dangerous to public order than potential football hooligans, weren’t they?)
This was inescapably Kinnard’s responsibility. Of course, in no way should the head of any political authority charged with oversight of policing engage in political interference in the conduct of police operations: but to either passively allow or actively condone the introduction into Jersey of policing of methods of this kind was a failure of policy and oversight for which Kinnard must bear full blame.
The increasingly aggressive behaviour of the uniformed constabulary towards the public in general, and law-abiding motorists in particular, in the past few years is an unwelcome continuation of this trend. Clameur de Haro?, along with most of his acquaintance, believes this has much more to do with artificially massaging the Force’s published crime detection rate than it has to do with preventing general or car crime.
On more than one occasion, CdeH? has been stopped during the evening (when, it should be said, totally libation-free, stone-cold sober, in a car with all lights functioning perfectly, and nary a suspicion of anything remotely interpretable as even marginally erratic driving) and subjected to by turns surly and aggressive questioning. [“Looked as though your seat belt wasn’t on” was the most recent explanation proffered.] Remarkably however, when the plods are confronted with a reasonably articulate motorist who demands their names and numbers so that he can make a formal complaint about unjustified harassment, they back off.
This escalation of an intimidating style of general policing also happened on Trendy Wendy’s watch, politically. The supposition has to be that she tacitly approved, or, more likely, that she had so little idea of what political oversight of policing should involve that it didn’t occur to her to question what the constabulary’s general approach to the community it nominally serves should be, nor to require an explanation for what it manifestly is.
Finally, we come to the Haut de la Garenne imbroglio. If ever there was a case crying out above all for a calm, measured, unemotional, evidence-centric and supposition-free discharge of its responsibilities by the Jersey Police, this was surely it. Yet Harper, by this time either totally captured by, and an unwitting tool of, the agenda of the Kinnard-Syvret axis and their fellow-travellers, or signed up to that agenda of his own volition, was allowed over a long period of time to grandstand repeatedly with ill-informed speculation and value judgements to a media long on sensation-seeking but short on objectivity. A more egregious failure to exercise due political oversight of a police force is virtually impossible to imagine – the fault is that of Power’s at operational level, and at political level, that of Kinnard alone.
It seems unbelievable in retrospect that Kinnard should have been allowed anywhere near the April 2008 selection process for Warcup’s appointment to (mercifully) replace Harper, but that is what happened. Fortunately on this occasion, the beneficial influences of Messrs Liston, Ogley and Crich prevailed, or we might have had a Kinnard-driven extension of Harper’s contract.
What a disreputable litany of disaster this deplorable woman foisted on to the Island. It is immeasurably better for her departure.
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Tuesday, November 11, 2008

Centralised Driving Licence Records - Manifestation of the Database State?

Ever watchful for instances of our government’s persistent desire to expand the information about us it holds on official databases, Clameur de Haro? spied in last Friday’s JEP (7th November) a plea from Peter Hanning, the Connétable of St Saviour, for “almost 40,000” islanders, and more especially his own 5,400 parishioners, to submit their driving licence renewal applications early, because of the potential long delays involved in having them processed and returned.
Because there’s an important issue of data privacy and security to consider here, CdeH? will ignore just this once the none-too-subtle demand for £40 up front, as much as 4 months before it’s actually due, thereby enabling the parishes to pocket a tidy sum in interest on ratepayers’ money. (CdeH? trusts that Icelandic banks, credit derivatives, and sundry other exotic - or should that perhaps be toxic? - financial instruments are currently off limits for Parish Treasurers and Procureurs du Bien Public, but you never know…………)
What CdeH? finds much more disturbing are the implications of the post-application process. Look for a moment at Mr Hanning’s own words, and pay particular attention to the highlighted section –
“After you have handed in your application form to the Parish Hall, the details are checked and entered onto an Islandwide database before your photograph and form are scanned into the system. The licences are printed out and laminated in batches at the Town Hall in St Helier before being posted directly to your home address”.
Presumably, this Island-wide database is the one that already exists for driving licence holders’ details, and has done ever since the parishes ceased to be their own licensing authorities, and became merely the issuing authorities (a sop to the parishes if ever there was one, and administratively a very unsatisfactory half-way house which pleases few, and inconveniences the vast majority).
Nevertheless, CdeH? is instinctively suspicious, and would like answers to the following questions –

Is any additional information, over and above that required purely for driving licence purposes, secretly encrypted on to the credit card style licence?

Precisely who has access to the data, and for what purposes? Is access routinely available to all public bodies and officials, or only on a strict need-to-know basis, coupled with justification and authorization?

How tightly are access, viewing rights, and amendment rights controlled? Could, for example, a parish official in St Ouen snoop on the St Clement licence details of a prospective son-in-law, or fabricate an endorsement on to a business rival’s licence?

If law enforcement agencies have access rights in lawful course of their duties (not unreasonable, within limits), what safeguards are in place to prevent and detect improper use, of the kind not exactly unknown in the recent past?

What integration is there with other States’ databases, like Social Security and Income Tax? Could officials of Social Security, say, search for a cross-matching of names and addresses to check whether a recipient of serious incapacity benefit doesn’t also have a no-incapacity driving licence? Preventing benefit fraud by reasonable means is legitimate, but this kind of linkage allows covert spying on the population to a wholly unacceptable degree.

Licensees’ details include a raft of personal data, photographs, forms, and even signatures. With the existence of the database being public knowledge, and with even CdeH? being able to work out that it would yield a treasure trove of sensitive personal information for criminals, what barriers and firewalls are there to prevent data abstraction for nefarious purposes?

In which public body does political accountability for the centralised database reside? Is it the Comité des Connétables? If not, who? On whose desk sits that famous sign “The Buck Stops Here”? Who do we blame, whose head should roll, who should fall on their sword, if a catastrophic data loss or security breach was to occur? In short, just who’s in charge?

What precautions are taken to ensure that the data held about us will not either (1) be lost while being sent on an unencrypted, non-passworded CD-ROM via insecure mail: or (2) copied to a memory stick which then gets left in the pub: or (3) stored on a laptop which gets nicked from the back seat of a car while the owner hops out to pick up the paper on the way home? All three have happened in the UK during the past year.......

Would the States indemnify the database’s entire population from consequential loss occurring as a result of the leakage of sensitive personal data if caused by the States’ or their agents’ reckless or negligent custody? What’s the extent of third party liability cover carried by the States against this? Is it sufficient?

What does the database cost to establish and maintain? Is it cost-effective? Could it be outsourced at lower cost, provided that legitimate access was not impeded and security was not compromised?

And finally - have all the operating parameters and data protection measures been reviewed and signed off by the Data Protection Commissioner?

Now for a couple of other aspects.

Doesn’t the basic concept of an Island-wide driving licences database run counter to the hoary old argument that a system of 12 individual parishes constituting 12 separate issuing authorities is somehow one of the key manifestations of individual parish identity?

And from the purely practical standpoint, if a centralised, all-Island, driving licence database exists, then why on earth does CdeH?, say, on moving house from Trinity to St John, have to go through the archaic and time-consuming rigmarole of surrendering a Trinity licence and applying – probably in person too, for photograph verification - for a new St John version (plus the £40 fee, no doubt)? The widespread assumption among CdeH?’s acquaintances is that it’s to give parish administration at least the fiction of something to do……thereby adding, of course, to the cost of public bureaucracy.

CdeH? did not anticipate the need, quite so soon after launching Clameur de Haro?, to comment at such length on the threats to the privacy and security of islanders’ personal details posed by the unremitting expansion of the database state.

CdeH? is disinclined just to trust Big Brother, much less learn to love him. So satisfactory answers and reassurances please, Big Brother. And now.

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