Archive for the 'In the news' Category

Southgate offers solutions for local leadership

Robin Hambleton portrait pic

Robin Hambleton

By Robin Hambleton

Originally published by Local Government Chronicle on 12 July 2018.

The disappointment of England losing the World Cup semi-final to Croatia last week does not undermine the fact that Gareth Southgate has raised the bar for international football management.

 

His calm and self-effacing manner, coupled with his inspirational leadership, has won admiration from football fans in many countries.

Here in England Southgate has become an enormously popular public figure. His influence already extends well beyond the world of sport, not least because of the rapid expansion of the hilarious Twitter movement ‘GarethSouthgateWould’, which provides hundreds of amusing suggestions on ‘What Gareth would do’ in all manner of situations.

Can we draw any lessons for local leadership from the ‘Southgate approach’ to leadership and management?

Some will answer ‘no’. They will argue that managing a national football team is entirely different from exercising effective place-based leadership. For a start the overall objectives of leadership are far more straightforward in sports management. The metrics for measuring success are pretty clear – basically adhere to the rules of the game and win against opponents.

In contrast, local leaders are required to pursue multiple objectives and respond creatively to a wide range of expectations and pressures. The metrics for measuring performance are contested and power struggles between competing interests are endemic. Moreover, different interests will disagree over whether a given policy outcome is good, bad or indifferent.

“I believe that the ‘Southgate approach’ to leadership provides three pointers for local government politicians and managers.”

Notwithstanding these important differences I believe that the ‘Southgate approach’ to leadership provides three pointers for local government politicians and managers.

First, his leadership style is collaborative. Fabio Capello, England manager from 2008-2012, was, for sure, previously an exceptionally talented footballer and a successful club coach. But his leadership approach was very top-down. Indeed, he had a reputation as a disciplinarian and was criticised for not allowing his senior players to have tactical input. As England manager he was less than successful.

The leadership approach adopted by Gareth Southgate could hardly be more different. He is very strong on listening and on motivating the whole squad, coaches and staff.

For example, in interviews he almost invariably refers to the important contribution of players in the squad who have not appeared on the pitch, explaining that their solid commitment to work on the training ground enables whoever ends up playing for England to be better than they otherwise would have been.

Second, Southgate is emotionally intelligent. He understands that leadership is first and foremost about feelings, and he recognises that successful leaders need to make an emotional connection. His leadership approach has shown that if people are respected and feel valued they can perform at an unprecedented level.

“His success in enabling such a young team to perform so well stems from the way he has cultivated a culture of common commitment and an emphasis on positivity.”

His success in enabling such a young team to perform so well stems from the way he has cultivated a culture of common commitment and an emphasis on positivity. In interviews and discussion he demonstrates not only his advanced tactical knowledge of football but, just as important, he comes across as warm, light hearted and liberating.

It is possible that you could say the same about Sven-Goran Erikkson, England manager from 2002-2006. While the Swedish manager was always courteous and friendly, he was criticised for being unenthusiastic on the touchline. His deliberate ‘ice cool Sven’ body language backfired.

In contrast, Southgate knows when to damp down the feelings on the touchline. But he also knows that it is important for the manager to let it all out when the team does well. Southgate is certainly soft-spoken but he can also shout very loudly when the occasion demands.

Third, Southgate recognises that effective leaders do not simply focus on the leadership of their own organisation. In more than one interview he has noted how proud he is to be “part of a team that has a chance to affect things that are bigger than football”.

By his squad and team selections, as well as through his personal leadership style, Southgate is contributing to the national debate about what it means to be English in 2018. It would be misguided to believe that a successful multi-ethnic national football team can put an end to racism in any given society, but sport can play a role in shaping national feelings of identity. Southgate is very aware of this and believes that football can play a role in uniting people.

“My definition of leadership is ‘shaping emotions and behaviour to achieve common goals’. “

My definition of leadership is ‘shaping emotions and behaviour to achieve common goals’. This definition draws attention to how people feel, and it emphasises the collective construction of common purpose.

Many political and managerial leaders in local government now recognise the importance of the three ‘Southgate approach’ criteria. They are committed to collaboration; they are emotionally intelligent; and they are fully aware of the larger purposes guiding their leadership efforts.

My suggestion is that even the most accomplished place-based leaders can learn from studying how Gareth Southgate leads the English national football team.

 

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Understanding the rise of populism and addressing its challenges

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Amitai Etzioni

Amitai Etzioni, author of Law and society in a populist age, examines the emergence of populism and suggests ways in which law-based approaches and political institutions can both understand and manage the challenges these movements present.

“Much attention has been paid, for good reason, to the rise of right-wing populism in many countries. Emerging notably in opposition to immigration, and Britain’s decision to leave the EU, this type of populism plays out as a direct political bond between a charismatic leader and the masses, which occurs outside established institutional channels.

Left-wing populism, on the other hand – seen in movements such as the rise of Syriza in Greece and Podemos in Spain – is often all too overlooked but must be taken into account.

To take an example from the US, when Bernie Sanders ran for nomination as its presidential candidate he was not a member of the Democratic Party and was about as critical of it as Trump was of the Republican Party. Both candidates were initially opposed by the establishment of the two parties they came to represent. Likewise, Macron won the French presidential election, against all candidates of established parties, and created his own party in the process.

Their success demonstrates that, although right-wing populism is not embraced by the majority of the public in most of the nations in which it is rising, if one adds those on the left who are deeply troubled by the existing political regime, the combined result is a large majority of citizens who are alienated and distrust major institutions of their countries. Unexpected alternatives become viable options.

“The populist response to loss of jobs and benefits, increased economic insecurity, and accelerating social and cultural changes is deeply troubling and must be corrected, but their disaffection is driven by valid concerns.”

These emerging majorities have strong reasons to be disaffected. To dismiss their concerns as merely reflecting ignorance, prejudice, or credulity is both empirically wrong, and unhelpful in dealing with the crisis they pose to the legal order of liberal democracy. The populist response to loss of jobs and benefits, increased economic insecurity, and accelerating social and cultural changes is deeply troubling and must be corrected, but their disaffection is driven by valid concerns. To go forward, we must look for paths toward the reintegration of these masses into a society based on the rule of law, even if some of the laws involved may have to be recast in the process.

Modernity is characterized by technological and economic developments that underpin the existing legal, ethical, and political institutions. As populist movements grow, these institutions lose their ability to ensure that these developments will be dedicated to pro-social rather than anti-social purposes.  Like Golem, or the Sorcerer’s Apprentice, society has lost control of these developments and is buffeted by them.  This institutional lag should be closed and society—drawing on its law-making, policy-setting institutions—can then guide the forces that have been unleashed, rather than be captured by them.

This is just one of the ways in which law-based, political institutions in many democratic societies are being challenged by populist movements, parties, and leaders. Changes such as this necessitate greater attention to the role society plays in forming and challenging laws—and to the role of the law in coping with these challenges. An agenda is needed for research and deliberations by those interested in these law-in-society considerations.

“In order for the public at-large to be served, rather than having large segments of the population feel left out and antagonized, we need a major reallocation of power as well as a new source of legitimacy.”

Part of this agenda is to examine how the challenges posed by specific sources of alienation must be addressed. These include the privatization of force, the capture of the public domain by concentrations of private power, and ways in which obsolescent legitimacy can be replaced by newly-formed legitimacy.  In order for the public at-large to be served, rather than having large segments of the population feel left out and antagonized, we need a major reallocation of power as well as a new source of legitimacy. Both of these developments require the kind of major societal change historically brought about only by social movements.

An agenda must acknowledge the tensions between those who seek ever more governmental powers to bolster national security and defense (as well as environmental protection and climate control), and those who believe that such concentrations of power undermine their rights.  The very concept of the common good is contested by libertarians and introduces a liberal communitarian conception of a balance between individual rights and social responsibilities.

Finally, relations are needed between the national communities and the attempts to build more encompassing, so-called supranational (or regional) communities. The most advanced of these is the European Union (EU). The fact that Britain chose to leave the EU is often cited as a key example of the rise and victory of populism. One can also see it as an example of multilateral overreach; of concentrating power in Brussels and violating national sovereignty—before most people transferred their loyalty to the nascent European community.

“This acknowledgement that law and society are deeply intertwined will help to address the challenges posed by both right and left wing populism in these troubled times.”

In one major arena after another, specific sources of alienation require deliberations on how the challenges they pose should be faced. According to Lawrence Friedman, one of the leading thinkers in the law and society field, we must look at “ways in which law is socially and historically constructed, how law both reflects and impacts culture, and how inequalities are reinforced through differential access to, and competence with, legal procedures and institutions.” This acknowledgement that law and society are deeply intertwined will help to address the challenges posed by both right and left wing populism in these troubled times.

Law and society in a populist age FCLaw and society in a populist age by Amitai Etzioni is available with 20% discount on the Policy Press website. Order here for £15.99.

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Repealed! Now we look to Northern Ireland

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Judith Orr

Originally published by the Abortion Rights blog on May 26th 2018.

An uprising of activists in every city, town and village across Ireland made history yesterday and sealed the end of an era that saw women denied basic human rights. The victory of the Repeal the Eighth campaign will ring out across the world to everyone who is fighting to win the right to safe and legal abortions, whether in Poland, Bolivia or even on the doorstep, in my own birthplace, Northern Ireland.

The grassroots campaign saw great teams of people knocking on doors night after night and taking stalls to local high streets all over the country. It was inspiring to witness thousands of people going out to talk to people face to face about why they should vote Yes.

Thousands came #HometoVote from all over the world, and numerous Twitter streams and new hashtags showed the reach and creativity of the movement. Dentists for Yes campaigned in tribute to Savita Halappanavar who died in 2012 after she was denied an abortion when she suffered a septic miscarriage. She was herself a dentist, and her parents spoke out from India in support of a yes vote. Farmers for Yes tweeted photos of themselves holding Yes signs alongside their livestock and tractors while Grandfathers for Yes defied the clichés that this was simply a generational divide.

“…while Grandfathers for Yes defied the clichés that this was simply a generational divide.”

But most of all the courage of all those who told their own personal stories, many for the first time, stands as a testament to the cruelty of a state ban of what is an essential part of women’s health care. Moving accounts, for example on In her Shoes Twitter account, recorded the anguish inflicted on women who had to travel to end an unwanted pregnancy, or who needed to end a wanted pregnancy for health reasons. Women spoke out about the past so no one would have to go through what they endured in the future.

The No side showed no humility in the face of this outpouring of moving experiences. In fact the anti abortion lobby rehearsed its well worn propaganda about being ‘pro-women’ and ‘pro-life’. These claims were exposed as being lies as the Yes campaign highlighted the impact that denying access to abortion services in Ireland had on every area of women’s health care.

Women described being denied cancer treatment, or medication for epilepsy, when they became pregnant. One doctor told of woman brought by ambulance to a maternity hospital rather than an A&E after being injured in a car accident because she was pregnant. Her own physical injuries were dealt with only after doctors successfully picked up the foetal heartbeat. In the most tragic cases surviving relatives bore witness to the consequences of the constitution treating a foetus and a pregnant women as equal under the law

So this is a momentous change that has been a long time coming. Many compare yesterday’s referendum to one that led Ireland to be the first country to legalise equal marriage after a poplar vote in a referendum. But although both show how attitudes to the Catholic Church’s orthodoxies are changing, today’s result is even more significant. Women’s lives, their bodies, their fertility and sexuality have always faced the greatest scrutiny by the church and the establishment.

“Abortion cannot be seen in isolation, rather as part of a regime of oppression that imposed severe restrictions on women’s lives, and on their sex lives in particular.”

Abortion cannot be seen in isolation, rather as part of a regime of oppression that imposed severe restrictions on women’s lives, and on their sex lives in particular. This is a system that saw women who did give birth, but who happened to be unmarried, forced into institutions, such as Mother and Baby homes and Magdalene laundries. Here their babies were forcibly taken from them to be adopted. Many babies were even sold, often to rich American couples, leaving a trail of personal devastation over generations.

The discovery, in 2017, of a mass grave of babies and children in the grounds of a former Bon Secours Mother and Baby home in Tuam, County Galway show that the full truth of these institutions has yet to come out.

This policing of women’s bodies meant that some women were shamed if they did give birth, but others were also shamed if they decided they did not want to continue a pregnancy. Yet, as so many Yes campaigners pointed out, keeping abortion illegal did not stop Irish women having abortions, it just stopped them having abortions in Ireland.

Yet the shame associated with abortion is not unique to Ireland. Abortion still carries a stigma in countries with access to legal abortion, such as Britain. Abortion is portrayed as the ultimate betrayal of what it is to be a woman, we are encouraged to see it as an aberration and a rejection of our natural biological selves. When anti abortion campaigners can’t win a bar on abortion they concentrate on maintaining these taboos.

Such stigma will not disappear overnight, but the impact of what has happened in Ireland cannot be overstated. It is a sea change that will not only affect the legal status of abortion. The result is both an expression of, and spur for, a transformation of social attitudes to abortion as well. This will be the backdrop for the debates still to come over what new abortion legislation will say, and then about how that is interpreted and implemented.

“But there is also other unfinished business that is thrust into the spotlight by the referendum result, and that is the ban on abortion rights in Northern Ireland. “

But there is also other unfinished business that is thrust into the spotlight by the referendum result, and that is the ban on abortion rights in Northern Ireland. The 1967 Abortion Act was never extended to Northern Ireland, last year least 700 women traveled to England for health care they should be able to access at home. Others risk prison sentences by buying abortion pills online. One woman, 19 years old when she bought online pills when she couldn’t afford to travel to England, received a three month suspended sentence in 2016.

Theresa May was forced to concede that women from Northern Ireland should have access to NHS funded abortions in England in 2017. Until then women from Northern Ireland, paying the same National Insurance and taxes as women in the rest of the UK, not only had to travel for abortion care, they also had to pay for it privately. The issue threatened May’s ability to form a government after a snap election in June left her without a Tory majority. Her subsequent deal with the DUP, a Northern Ireland party trenchantly opposed to abortion rights, led Labour MP Stella Creasy to put a widely-supported amendment that could have defeated May’s critical Queens Speech.

In a single afternoon 50 years of discriminatory practice was overturned. This was not a sudden change of heart by the Tory government wanting to put right half a century of injustice. Health Secretary Jeremy Hunt had only two weeks earlier fought a case in the Supreme Court to defend the right to deny NHS funded abortions to women from Northern Ireland.

This was a reform pushed through by a government to ensure its own survival, but it showed what was possible. It has made a real difference for hundreds of women. But they still have to travel, and many cannot take the trip even if it is funded, for many different reasons from ill health to child care or the fact they are living in an abusive relationship.

That’s why today while we are celebrating this tremendous referendum victory, the Abortion Rights campaign in the UK is saying let’s take this opportunity to demand reproductive rights for women in Northern Ireland too. It’s about time.

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Brexit: 10 myths about the ‘Norway model’ examined

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On 8 May the UK’s House of Lords passed an amendment to require the House of Commons to vote on remaining in the European Economic Area (EEA), the possibility of Britain adopting the so-called ‘Norway model’ is back on the agenda of British politics.  

Here the authors of Squaring the Circle on Brexit: Could the Norway Model Work?, John Erik Fossum and Hans Petter Graver, give some background to Norway’s relationship with the European Union and reveal the truth behind some common myths about the Norway model.

“While Norway has rejected membership of the European Union twice in referendums in 1972 and 1994, it has consistently sought as close a relationship with the European Union as is possible for a non-member.  The core element of that relationship is the European Economic Area (EEA) agreement, which came into effect in January 1994, almost a year before the second referendum.  This seamlessly ties Norway to the EU’s internal market without it being part of the supranational political union.

However, Norway’s experience shows how non-members of the EU must make difficult trade-offs between relative autonomy in decision- and rule-making and access to the EU’s internal market and other EU policies.  Norway is frequently portrayed as a ‘rule-taker’ and there is no doubt that Norway’s inability to affect EU rule and decision making is – democratically speaking – very problematic.

A closer look at Norway’s experience reveals that, in spite of this, members of the EEA can still shape their socio-economic model and mode of functioning.  In other words, how a country handles its relationship with the European Union matters.  Norway has retained a well-functioning welfare state and high levels of trust in public institutions, helping to offset potential negative influences. This trust is crucial. Norway’s experience underlines that the issue is not simply one mode of EU affiliation but the important left-right issue of choice of socio-economic model, which has significant bearings on the question of social justice.

“Norway has retained a well-functioning welfare state and high levels of trust in public institutions, helping to offset potential negative influences.”

Given these pros and cons, and the reemergence of the EEA as an essential aspect of the Brexit agenda, now is the time to unravel some of the myths around Norway’s relationship with the EU:

 

1. The ‘Norway model’ is an arrangement that just involves Norway

A core aspect of the Norway Model is, in fact, the European Free Trade Association (EFTA)-based EEA agreement which was signed by Iceland, Lichtenstein and Norway and where all decisions are based on unanimity.

 

2. The Norway model is the EEA

The Norway Model is made up of 120 different arrangements and covers a far greater realm of issue-areas than just those regulated under the EEA agreement. Norway is an affiliated member of Schengen and asylum and police cooperation (Dublin I, II and III. Norway is therefore within the EU’s external border with responsibility for border controls. It has also signed agreements on foreign and security policy and participates in the EU’s battle groups).

 

3. The Norway model is more constraining than the Swiss model

Unlike Norway, the Swiss have opted to unilaterally adapt their legislation to be EU-compatible. The EU is unhappy with the Swiss arrangements. They will likely not be extended elsewhere.

 

4. The EU’s off-the-shelf arrangements for non-members are straitjackets that do not allow for the flexibility of a bespoke deal

The sheer range of affiliations under the Norway Model testifies to some flexibility and ingenuity, but there are limits, especially within the EEA agreement which is about common rules and equal conditions for competition. There is political will on both the EU side and the Norwegian side to maintain close relations, and that allows for a certain measure of flexibility.

 

5. The Norway Model does not allow for an independent trade policy

The EFTA states retained their freedom to decide their own trade policies towards third countries because they are not part of the EU’s customs union. Norway had negotiated 27 free trade agreements with the EFTA countries in 2016, and has undertaken negotiations with ten countries (including China) and regional trade blocks (MERCOSUR).

 

6. No deal is better than a bad deal

Theresa May has said on Brexit that no deal is better than a bad deal. The Norway Model, with all its challenges, has shown to Norwegians that having common rules and equal conditions of competition, and the equivalent means of enforcement, offers the certainty that is necessary for an open economy to function in today’s tightly interwoven Europe.

 

7. The Norway Model is deeply contested in Norway and is unlikely to receive majority support elsewhere

In fact, there always been a clear majority in Norway in support for the model it has adopted: there is little support for EU membership, and very little support for abolishing the EEA. There is a very strong sense across most economic sectors that assured EU access is vital for prosperity. 65% of Norway’s exports (excluding oil, gas and ships) go to the EU. Norway needed a Schengen association agreement (to be within EU’s borders) in order to preserve the Nordic passport union which ensures free movement in the Nordic region.

 

8. The Norway Model is about rule-taking 

There is no denying the arrangement is democratically problematic, but there is scope for local adaptation and flexibility. The Norway model reflects the complex nature of the EU, which combines a supranational core (the internal market) and a set of intergovernmental arrangements for handling matters of border controls, and security. There is more scope for bargaining in the intergovernmental realm, which the UK has experienced through its numerous opt-outs and opt-ins. In the supranational realm the EU is also constrained by the Court of Justice, which has the final say on what arrangements are compatible with the EU aquis (the body of common rights and obligations that are binding on all EU member states) The implication is that the EU is more likely to accept bespoke arrangements in the intergovernmental than in the supranational institutional realm.

 

9. The key question about the Norway Model is the type of affiliation that it represents

That is only part of the picture. Equally important is how Norway handles this affiliation domestically. What Norway’s experience shows is that it is important to consider the state’s ability to handle its EU relationship. The Norwegian state is a well-functioning state with a high level of competence and a broad range of comprehensive welfare arrangements that enable it to compensate actors for the negative effects of Europeanisation. Norway also has a tradition of consensus-based politics that contribute to keeping EEA issues outside the realm of party politics.

 

10. Norway will be included in the European Union’s post-Brexit arrangements

Norwegians will not automatically get the same arrangements with Britain that members of the European Union will. Norway is not part of the Brexit negotiations and for many issues Norway will have to sort out its relations with the UK on its own, for example, on the rights of Norwegian citizens in the UK and UK citizens in Norway. In this case, the UK government has assured Norway that citizens will receive the same treatment. Nevertheless, Norway is a decision-taker on the sidelines during the negotiations on the UK’s future relationship with the EU and is concerned with when its arrangements with the UK will be settled.

 

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Could the Norway model work for Britain? Find out more in Squaring the circle on Brexit – Could the Norway model work? by John Erik Fossum and Hans Petter Graver, a comprehensive first-hand account of Norway’s relationship with the EU.

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Why the UCU strikes are bound to be insufficient to ensure equality

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Jan Deckers, Newcastle University

Jan Deckers, contributor to Justice and fairness in the city, talks about the UCU strikes, currently underway.

“Members of UCU, the University and College Union are on strike over a proposed change in the Universities Superannuation Scheme (USS), or pension scheme. The crux of this proposal is a transition from a Defined Benefit to a Defined Contribution scheme, where it will be much less clear what benefits employees will receive when they retire. Whilst employers would reduce their contributions from 18% of salary before tax to just 12%, employees would shoulder greater individual risk due to individual (rather than collective) portfolios being gambled on the stock market.

We are all in this together, right? The fight over pensions essentially pits the hierarchies of higher education institutions against those who are lower on the echelons of power, as the executive heads of UK universities and colleges make up Universities UK, a charity that, amongst other things, negotiates pensions with USS. Whilst not all vice-chancellors and principals are united in the push for changes in said pension scheme, the rift suggests a worrying trend as salaries of senior academics have increasingly been criticised as unfair.

In my work I consider how salaries ought to be allocated within large organisations, and I have provided my own organisation, Newcastle University, as an example. I argue that decisions about what people’s salaries, and therefore also their work pensions (or deferred payments), ought to be are best made by starting from an egalitarian baseline. Any changes from this baseline must be justified by reference to a number of criteria. These include: controllable effort; duties in relation to unpaid work; health care needs; morally significant debts; and historic unfairness.

Let us take each of these factors in turn. It is important to start from an egalitarian baseline where every employee is paid the same amount for each hour worked as, in the absence of countervailing evidence, treating people equally demands that we assume that they work equally hard. In practice, however, people’s commitments vary, which is where controllable effort comes in. Whilst it may be unfair to discriminate against those who may be naturally or culturally predisposed to be less committed, it seems fair to reward those who voluntarily work harder. A pat on the back in the form of a bonus payment can incentivise hard workers to keep up the good work or to work even harder.

Where governments fail, employers should also compensate for employees’ varying duties in relation to morally important unpaid work, for example for the many hours of care work that is predominantly carried out by women. Their health care needs are as important as everyone else’s. This is why employers must more generally vary payments so that those with complex or expensive health care needs that are insufficiently addressed by governments and insurance schemes can afford the health care that they deserve. Payments must also consider morally significant debts, for example, those that some employees may have accumulated to qualify for their jobs. Finally, payments must also take into account historic unfairness. Yes, some who have been overpaid in the past may justifiably be paid less in the future.

“…without explicit attention and careful calibration of these morally significant factors, the battle over pensions is likely to be dominated by the narrow self-interests of individuals and their institutions.”

There is no evidence that careful consideration of these criteria has altered decision-making in large organisations, and a dearth of evidence that they have been discussed in the academic literature, in spite of this neglect resulting in significant negative health impacts. My fear, however, is that without explicit attention and careful calibration of these morally significant factors, the battle over pensions is likely to be dominated by the narrow self-interests of individuals and their institutions.

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Credit:  Flickr: Nick Efford (CC BY 2.0)

Many of my colleagues know that there is something rotten in the state, but one does not need to become a comrade to know that the occasional handouts, usually around Christmas time, to poorly paid staff are not quite sufficient to trigger significant change for the better. Unless current discussions regarding this pension scheme engage in serious discussion about these criteria, it is my concern that especially those who will be the worst off may come to rely even more on charity, rather than on fairness, from those who wield power over them.

It might be argued that the fair pay and pension scheme that I have sketched here is not fair either as it falls foul of what I call the ‘brain drain’ objection. A charity such as Universities UK might seek to justify a less egalitarian scheme by appealing to some notion of the greater good or the lesser evil. If a more egalitarian scheme was implemented, it might lead to people with big brains leaving higher education, resulting in a loss in economic power and an even greater deficit in the pension scheme than that envisaged by Universities UK, which is based on a rather dire prediction. Whilst the ‘brain drain’ objection must be taken seriously, it is rather ironic that this prediction suggests that there is little confidence in the future of higher education in the UK, at a time when the managers of various institutions have awarded themselves significant pay rises for their efforts to secure this future.

In all this, it must be emphasised that this lack of solidarity has a significant inter-generational component. However, not only younger academic colleagues stand to lose a lot. Now that many students in the UK have to pay tuition fees for which they enter into significant debt, these same students will lose out once again as they face the negative consequences of strike action, for example through class cancellations.

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Justice and fairness in the city, edited by Simin Davoudi and Derek Bell was published in 2016 and is available with 20% discount on the Policy Press website. Order here for just £19.99. Jan’s chapter from the book is available to read free here.

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Repealing the 8th: how new legislation on abortion should be designed

Fiona de Londras

Fiona de Londras

Mairead Enright

Mairead Enright

Fiona de Londras and Mairead Enright – authors of ‘Repealing the 8th: Reforming Irish abortion law‘ – respond to the announcement of the Irish Cabinet of its intention to hold a referendum to repeal Article 40.3.3 in May 2018. The book, now publishing on Thursday this week, looks beyond the referendum to what might come next, presenting detailed proposals for new legislation.

Chapter 4 from the book – Accessing abortion care: principles for legislative design – is now available to download free on our website. 

In 1983 the Irish Constitution was amended by the insertion of Article 40.3.3, now known as ‘the 8th Amendment’. This provides that “the State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

At first glance, the 8th Amendment may seem innocuous or merely aspirational. However, over time, this provision has led to a near-absolute prohibition on abortion in Irish law and serious infringement of pregnant people’s rights. Under the current law, abortion is only lawfully available in Ireland when a woman will almost certainly die without it, and even then multiple doctors usually have to agree that this is the case.

“More than three decades of activism have come together in a large, vocal, visible and highly effective campaign for political and legal reform.”

Now, though, there are signs of change. More than three decades of activism have come together in a large, vocal, visible and highly effective campaign for political and legal reform; for the removal of the 8th Amendment and introduction of a law that will enable women to exercise agency in pregnancy and ensure that, for those who want to avail of it, abortion care is available at home in Ireland.

On Monday, the Irish Cabinet announced its intention to hold a referendum to repeal Article 40.3.3 in May 2018. The People will be asked to delete this Article and to insert a provision that expressly says that provision may be made by law for the termination of pregnancy. The Taoiseach said that the referendum will present the People with a choice to enable the Irish parliament to legislate for abortion care at home, or to continue to export abortion to other jurisdictions and to put the lives of women in Ireland at risk.

The Cabinet will publish indicative legislation for a GP-led abortion service ‘on request’ up to 12 weeks, and more limited access to abortion in later pregnancy.

Hamill Aoife - 205kTravelled - Signs - London Irish Arc 2

After the referendum

In the book we look beyond the referendum, to what might come next once the 8th Amendment no longer absolves the Oireachtas of the responsibility to make law to provide for the needs of women in Ireland. We include detailed proposals for how new legislation on abortion might be designed, including draft legislation that gives effect to the proposals that appear to have received Cabinet support this week in a way that respects the rights of pregnant people in Ireland.

“…the rights of pregnant people can be developed in ways that truly respect and protect bodily integrity, privacy, and the right to be free from inhuman and degrading treatment.”

In doing this, we argue that repeal of the 8th Amendment would create opportunities for the progressive interpretation of the Constitution, so that the rights of pregnant people—for so long narrowed down to a bare right to life said to be equal in stature to that of an unborn foetus—can be developed in ways that truly respect and protect bodily integrity, privacy, and the right to be free from inhuman and degrading treatment. This, we argue, would compel the Irish state to provide for lawful abortion, but would allow it to pursue the socially valuable objective of preserving foetal life provided in doing so it respects the constitutional rights of pregnant people.

This can be done by introducing law that makes abortion available without restriction as to reason up to at least the twelfth week. After that such a law might make lawful abortion available on broadly drawn health grounds so that pregnant people can truly determine the course of their own reproductive lives, and so that victims of sexual violence or those who have received unexpected foetal diagnoses will be able to be supported through a decision to an end a pregnancy, rather than forced through a punitive ‘qualification’ processes. This is what we are calling for now that the Referendum has been announced.

Like the Citizens’ Assembly and Joint Oireachtas Committee on the 8th Amendment, we draw distinctions between the availability of abortion after 12 weeks and after 24 weeks, with later abortion (after 12 weeks) being truly exceptional in law, just as it is in life. Illustrating the feasibility of such an approach, we include in the book draft legislation that gives effect to this approach. This makes our book essential reading for anyone involved in the campaign.

Our objective in writing this book was threefold. First, we wanted to make the constitutional arguments about the 8th Amendment clear and accessible and, in so doing, to show that from a legal perspective there is nothing unusually difficult about legislating for abortion and no reason why, uniquely among medical procedures, it should be regulated within the text of the Constitution. Second, we wanted to show how the Constitution itself could develop after repeal to reinvigorate the personal rights of pregnant people and to strike a balance between protecting these legal rights and pursuing the social objective of preserving foetal life through voluntary, consensual, and well-supported pregnancy. Finally, we wanted to show that, by drawing on experience in other countries and on international human rights law, and by committing to ensuring that pregnant people have sufficient certainty and support to make decisions about their own reproductive lives, a workable, reasonable, and rights-based law on access to abortion can be imagined and designed for Ireland.

Now, with the announcement of the Referendum on the 36th Amendment to the Constitution, we are a step closer to achieving some of these goals, but there is still much work to do. Given this week’s developments, Policy Press has brought forward the publication of the book to 1 February: please circulate information about it to anyone who is involved in the debates around the referendum.

 

Repealing the 8th: Reforming Irish abortion law‘ by Fiona de Londras and Mairead Enright  is publishing on 1 February 2018 and is available with 20% discount on the Policy Press website. Pre-order here for just £10.39.

It will be available Open Access under CC-BY licence.

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