2011: a year of unintended consequences

From OccupyLSX to Leveson, the British political system is not working well.

There are certain things which are less interesting in themselves than for the impact they have on other people.

Take for example the "Occupy LSX" protest. Whatever the protest stands for -- and there are varied and sometimes conflicting views on this -- its mere existence was enough to cause a mild crisis in the Church of England and to expose starkly the casual idiocy of those who managed a great cathedral. Now it is forcing the opaque and undemocratic Corporation of London to the High Court to defend its attempt to use legal coercion to evict the protest. And so we have the merry spectacle of a powerful and essentially private body -- with no real electoral legitimacy whatsoever -- trying to bandy "public interest" and "free expression" arguments as if they knew or cared what those concepts meant.

Or look at Julian Assange. Whatever the merits of his continual refusal to return to Sweden to be questioned about serious sexual assault and rape allegations, and notwithstanding the silly and counter-productive litigation tactics he adopted at the start of his extradition case, he has now inadvertently got the issue of the illiberal European Arrest Warrant (EAW) regime squarely before the Supreme Court. The question to be decided is a narrow one, and it is more likely or not that he will lose, but there are serious general questions to be asked about the use and misuse of EAWs and -- almost despite himself -- it may well be that this generally irresponsible charlatan will form the basis of a progressive shift in the judicial treatment of these over-powerful legal weapons.

And most of all, there is the Leveson inquiry. It cannot be over-emphasised how this inquiry did not come about as a natural consequence of a working political process. Indeed, had it not been that the Metropolitan police just had to do something back in 2005 when it was obvious the mobiles of the Royal Household were being tampered with, then there would not have been the convictions of Glen Mulcaire and Clive Goodman and -- significantly -- no seizure of Mulcaire's notebooks. In turn, there would not have been any civil litigation which uncovered the "For Neville" email and so no Gordon Taylor case. And without that litigation, there would not have been what was uncovered by last year's New York Times exposé and the dogged journalism of Nick Davies and the Guardian, and without David Cameron's lousy judgment in appointing Andrew Coulson there would have not been a political need to call an inquiry. All for the want of a less clumsy hack of Prince William's phone, the News of the World and the credibility of the British tabloid press were lost.

Along the way, each entity with the formal power and public responsibility to address the unlawful and unethical practices of the tabloid press failed to do so. The Metropolitan police closed down the investigation for no good reason; the Information Commissioner's Office took as little action as it could; and the Press Complaints Commission nodded along to what the tabloids told it. But once the scandal emerged then this lack of activity could not be sustained or justified. Something had to give.

What made the difference was the revelation that Milly Dowler's phone had been hacked. Contrary to the self-serving misdirections of those who appear to have learned nothing from the public outrage, the true significance of that sensational news was not because there had been deletions. It was instead that, at a stroke, it was apparent that hacking was not restricted to celebrities. Anyone caught up in a news story over a five to ten year period may well have had their phone hacked: soldiers, terrorism survivors, grieving or concerned parents, as well as missing school children. The spite and intrusions of the tabloids were no longer the trivial problem of famous people.

However, the true value of the Leveson Inquiry will probably not be in its proposals. No two media pundits seem to agree what would work to make the tabloid press ethical. It certainly would not be new laws and codes and enforcement bodies: all those were in place, and the abuses happened anyway. So the Leveson Inquiry undoubtedly will not so much be important for what it proposes, but what it has allowed to be revealed about others -- currently the tabloids, and soon the police. It will show what was actually going on all the time, whilst the formal public bodies did nothing to stop it.

There is something rotten about a political system where the true nature of power relations -- the very stuff of politics -- is routinely exposed by external events. No political system is perfect; but it is not wrong to expect a political system to be able to work in some fashion. Power will always tend to corrupt, and those with power will always tend to abuse it. One good test of a mature political system is to recognise and check these tendencies. But few, if any, would say that the British political system is now working at all well.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The triumph of Misbah-ul-Haq, the quiet grafter

How Misbah redeemed Pakistani cricket.

It was an incongruous sight: the entire Pakistani cricket team doing press-ups on the revered pitch at Lord’s, led by its captain, Misbah-ul-Haq. This unusual celebration marked not merely a Test match victory over England on Sunday but something greater: the rehabilitation of Pakistani cricket.

Seven years earlier, the Sri Lankan team bus was en route to the cricket stadium in Lahore for the third day of a Test match against Pakistan when it was attacked by Islamist militants. Gunfire killed six police officers and a driver; several Sri Lankan cricketers were also injured. That was the last Test match played in Pakistan, which, despite protestations, opponents consider too dangerous to visit.

A year later, Pakistan toured England for a Test series. The News of the World alleged that in the final match at Lord’s three Pakistani cricketers had conspired to bowl no-balls in exchange for money. All three received bans of five years or more for corruption. The entire squad was lampooned; police had to shield its members from abuse as they arrived home.

Misbah was on the periphery of all of this. Aged 36 at the time, he was dropped from the squad before the English tour and seemed unlikely to play international cricket again. But the turbulence engulfing Pakistani cricket forced the selectors to reassess. Not only was Misbah recalled but he was made captain. “You have to ask yourself,” he later said: “‘Have I been the captain because they supported me, or because they had no alternatives?’”

Pakistani cricket prizes and mythologises teenage talent plucked from obscurity and brought into the international side. During his decade as captain, Imran Khan picked 11 teenagers to make their debuts, often simply on the basis of being wowed by their performance in the nets. Misbah shows that another way is possible. He grew up in Mianwali, a city that was so remote that: “The culture there wasn’t such that you thought about playing for Pakistan.”

At the behest of his parents, he devoted his early twenties not to his promising batting but to gaining an MBA. Only at 24 did he make his first-class debut, strikingly late in an age when professional sportsmen are expected to dedicate all their energy to the game from their teenage years.

Pakistani cricket has always been “a little blip of chaos to the straight lines of order”, Osman Samiuddin writes in The Unquiet Ones. Misbah has created order out of chaos. He is unflappable and methodical, both as a captain and as a batsman. His mood seems impervious to results. More than anything, he is resilient.

He has led Pakistan to 21 Test victories – seven more than any other captain. He has done this with a bowling attack ravaged by the 2010 corruption scandal and without playing a single match at home. Because of security concerns, Pakistan now play in the United Arab Emirates, sometimes in front of fewer than a hundred supporters.

Misbah has developed a team that marries professionalism with the self-expression and flair for which his country’s cricket is renowned. And he has scored runs – lots of them. Over his 43 Tests as captain, he has averaged at 56.68. Few have been so empowered by responsibility, or as selfless. He often fields at short leg, the most dangerous position in the game and one usually reserved for the team’s junior player.

Misbah has retained his capacity to surprise. As a batsman, he has a reputation for stoic defence. Yet, in November 2014 he reached a century against Australia in just 56 balls, equalling the previous record for the fastest ever Test innings, held by Viv Richards. The tuk-tuk had become a Ferrari.

Late in 2015, Misbah tried to retire. He was 41 and had helped to keep Pakistani cricket alive during some of its darkest days. But the selectors pressured him to stay on, arguing that the team would need him during its arduous tours to England and Australia.

They were right. His crowning glory was still to come. The team arrived in England following weeks of training with the national army in Abbottabad. “The army people are not getting much salaries, but for this flag and for the Pakistani nation, they want to sacrifice their lives,” Misbah said. “That’s a big motivation for all of us. Everyone is really putting effort in for that flag and the nation.”

Now 42, almost a decade older than any cricketer in England’s side, Misbah fulfilled a lifetime’s ambition by playing in a Test match at Lord’s. In Pakistan’s first innings, he scored a century and celebrated with push-ups on the outfield, in homage to the army’s fitness regime and those who had had the temerity to mock his age.

When Pakistan secured victory a little after 6pm on the fourth evening of the game, the entire team imitated the captain’s push-ups, then saluted the national flag. The applause for them reverberated far beyond St John’s Wood.

“It’s been a remarkable turnaround after the 2010 incident,” Misbah-ul-Haq said, ever undemonstrative.

He would never say as much, but he has done more than anyone else to lead Pakistan back to glory. 

Tim Wigmore is a contributing writer to the New Statesman and the author of Second XI: Cricket In Its Outposts.

This article first appeared in the 21 July 2016 issue of the New Statesman, The English Revolt