A traditional reedcutter at work on the Norfolk Broads. Photograph: Getty Images
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The frisson of autumn on the Norfolk Broads

A reminder is that we share a habitat and a common experience with other creatures.

Mid-autumn, just before our boat goes into dry dock for the winter, has a special frisson on the Norfolk Broads. The reeds begin to bleach and reflect the sunsets, so that for a while the water appears to glow brighter as the dusk closes in. The last migrants leaving for Africa cross with the first arriving from the tundra, the swallow flying under the goose. This week the local kingfishers have reappeared, darting between moored-up cruisers and skin-diving between their hulls. We’ve seen otters close to for the first time, one rolling right in front of the boat with a huge bream in its paws.

But the rain and cold that have permeated 2012 are still casting shadows on all species that depend on the sun. Flying insects, the birds that eat them, the raptors that prey on the insectivorous birds have gone into guerrilla mode; hiding out in remote, sheltered redoubts, working unsociable hours, keeping= silent to conserve energy. It’s happening below the radar of most of us and just how much damage has been done won’t be known until the year’s records are analysed. It’s unlikely to be good news.

Does it matter either way? Short of outright extinction, is the fraying and fragmentation of species of any real consequence to us? The government seemed to think so when it set out its
 green agenda and acknowledged that biodiversity was essential to the earth’s survival and what it liked to call “quality of life” (ours, that is). Now, this commitment has gone the way of all its other green pledges. In the past few months the government has junked the advice of two of its own scientific advisory committees. The biologically absurd and culturally objectionable badger cull has been given the go-ahead (albeit delayed until next year). Incontestable evidence that neo-nicotinoid insecticides are one of the causes of the collapse of bee populations has not made a dent in Defra’s support for them.

Now Defra has asked the Law Commission to rationalise wildlife protection laws in the UK. Not a bad idea, perhaps, given the piecemeal way they’ve accumulated over the past hundred years. An updating would provide an opportunity to bring legislation into line with new ecological threats, and with our new understanding of the crucial importance of wild species to the earth as a whole. But this is not what the Law Commission has in mind at all. The first duty of wildlife law, it has put on record, is to “provide the framework within which wildlife can be controlled, so that it does not interfere with the conduct of human activity” – a principle that is equivalent to saying that the prime object of child protection laws is to ensure the wretched infants don’t get in the way of their parents’ career opportunities. The commission concedes that the law should protect individual animals from harm, but only if that harm is “above a permitted level”.

It’s not clear if these barbarous, commodifying guidelines were dumped on the commission by Defra. They certainly sit snugly with the government’s social and economic project. But they may equally show the UK legal establishment returning to its default position on wildlife. The status of a wild organism in common law is as potential property. While it is free and alive, it belongs to everybody, or, more correctly, to nobody. But by being “rendered into possession” – the legal euphemism for killing or capturing – it is turned into goods, the property of the owner of the land on which it’s taken. The notion of wildlife as part of the family silver – private inheritance more than common heritage – melds seamlessly into the idea of it as disposable nuisance, and many early protection laws carried an exception clause concerning “interference with legitimate human activity”. But this is the first occasion when the exception has been made the guiding principle.

As a principle for legislation it’s not only irrelevant but actively hostile to the conservation of our archipelago’s biodiversity, as well as offensive to anyone who regards living organisms as more than entries on a cost-benefit ledger. The problem is that we don’t have an agreed alternative scale for the “value of species”. That clunking, portmanteau term “biodiversity” doesn’t help. Like “natural capital” it’s an intruder from corporate-speak, defining species as commodities, whose numbers can be simply and demonstrably totted up. By this crude index a perilously rare species barricaded in a nature reserve counts equally with an ocean-wide phytoplankton fuelling an entire ecosystem. They’re both just ticks in a box, a place where the trader meets the twitcher.

Nor is our current attitude towards nature’s “usefulness” (the implicit opposite of the Law Commission’s “interference with the conduct of human activity”) remotely appropriate. By
useful, we mean useful to us – and visibly so. We may have grudgingly admitted pollinating insects into the realms of the utilitarian but not the predators that attack the parasites of the pollinators. We allow agricultural fungicides to leach into the groundwater and collaterally damage a “useless” (and probably unlovely) tree-root fungal symbiote and wonder why hedgerow oaks are withering . . .

The interdependence of species is far too complex for us to make crass and anthropomorphic judgements about what is and what isn’t “useful”.

In September a huge fin whale beached on the East Anglian coast at Shingle Street. It was thin and in distress and eventually died, despite Herculean efforts to get it back into the water. For a few days it became a kind of shrine, while the authorities worked out what to do with it. People flocked to the beach to see the sinuous carcass with its prodigious maw. They came out of a sense of wonder, or morbid curiosity, or simple melancholy. A great leviathan had lost its way and become embarrassingly dead meat. In the end utilitarianism triumphed.
The whale was carted off on a lowloader to a processing plant, where its blubber was rendered down for biofuel.

Were those of us who thought it would have been more fitting to bury the body on the shore guilty of sentimentality as well as serious impracticality? This is not a “conservation of biodiversity” issue: the loss of one fin whale is neither here nor there. But the fate of its remains nags us with another challenge: how we conserve the meaning of wildlife – which may underpin our so far feeble attempts to save it physically.

I’d like to argue that we should respect wild organisms for their own sake, because they’re here. But I’m aware that this is a philosophical conceit and that “their own sake” is really code for “my own sake” – or at least my aesthetic and moral satisfaction. The philosopher Edward L McCord’s book The Value of Species tries to find a compromise. He argues that “individual species are of such intellectual moment – so interesting in their own right – that they rise above other values and merit enduring human embrace.” This raises utilitarianism to an intellectual level but for me still fails to do justice to the sheer breadth of the experience of living in a world alongside other species.

Gliding west at last light on the Broads, the answer often seems self-evident. In October the pinkfeet geese return from Iceland. The great scrolls of birds unwind across the sky so high up that they make yet another plane of colour, their bellies lit pink by the sun long after it has sunk out of sight. But they’re not remote in any other sense. The ebb and flow of their chatter, the calligraphy, the waving scribbles of birds (“taking a line for a fly”, to misquote Paul Klee) speaks plainly about the company of one’s kind on great journeys.

The Broads are full of such moments. The spring duets of cranes, segued trumpetings that can carry half a mile and which are couched in a minor third, an interval found in every musical culture on earth. Swallowtail butterflies folding their wings to fly through raised sails. A strange aquatic plant called hornwort, which on very hot days, in a few unpolluted pools, fizzes with so much transpired oxygen that the stems “jiffle” against each other and sing like Aeolian harps.

The Broads – medieval open-cast peat mines that were inundated during a climate shift in the 13th century – have just had a “biodiversity audit” and the results are jaw-dropping for anyone who regards them as no more than a watery holiday camp: more than 11,000 species, including a quarter of the entire country’s tally of conservation priorities.

But the statistics say nothing about the kind of relationships that are possible with this cornucopia of life forms. A few hours before the geese fly in to roost we round the corner in Somerton Dyke, where the whirligigs begin. Everyone looks out for these engaging beetles, just a few millimetres long, as they drift about in flotillas close to the reeds. They shine in the sun, like beads of mercury, and every few seconds the entire gang bursts into a frenzy of high speed, near-miss swirling, a waterborne roller derby. It’s comic and touching and so far unexplained – except that, like the flights of geese, it feels intuitively comprehensible, a kind of dance about the companionships of crowds.

Whirligigs are ancient animals, whose family emerged more than 200 million years ago in the Triassic period. They have no known predators, because of an extraordinary skin coating, which is a highly scented, toxic and antibacterial wetting agent. Their hind legs work like paddle- steamer wheels and give whirligigs the highest acceleration of any aquatic animals. They do not “interfere” with any human activity, nor are in any way practically useful to us (though I suspect that pharmacologists and nano-engineers will be looking at their bactericidal moisturiser before too long). And though they have undoubted “intellectual moment” it’s not at all clear why they touch one so. You round a corner and there they are, at the usual address, and if they’re not you begin to worryand miss them.

This is nothing to do with anthropomorphism or manufactured empathy. It comes, for me, from something I can only describe as a sense of neighbourliness; the emotion the poet John Clare felt so powerfully for his fellow commoners, of all species. Neighbourliness is not friendship. It doesn’t demand reciprocity. It’s based on sharing a habitat, on the common experience of place and season and the hardships of weather. It might provide a bridge across that great conceptual divide between us and other species.

Richard Mabey’s most recent book is “The Perfumier and the Stinkhorn” (Profile, £9.99)

This article first appeared in the 29 October 2012 issue of the New Statesman, Something Rotten

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

This article first appeared in the 29 October 2012 issue of the New Statesman, Something Rotten