Latest from Coffee House

Latest from Coffee House

All the latest analysis of the day's news and stories

Gove steps in to keep the schools running

A letter is bouncing around Whitehall, and I thought CoffeeHousers might care to see a copy. It has been penned by Michael Gove, and is being dispatched to all headmasters today. It urges them to Keep Calm and Carry On during the impending strikes over teachers’ pensions. “My view,” pens the education secretary, “is that we all have a strong moral duty to pupils and parents to keep schools open, and the Government wants to help you achieve that.” You can read the full thing below. While much of this missive is dry, dry stuff — certainly drier than Gove’s usual prose — it’s also quite revealing of the government’s

James Forsyth

The coalition has to ‘reconsider’ another policy

One of the many problems with the equalities act is that it requires a level of consultation and a number of equalities impact assessments that are not compatible with speedy decision making. Word is seeping out tonight that the coalition is now having to ‘reconsider’ its decision on Academy funding because the Treasury, the Department of Education and the Department for Communities and Local Government did not tick all the right boxes before announcing the new settlement. The reverse is the result of a legal challenge by various local authorities. But this is a pyrrhic victory as the likely result of it is that local authorities actually receive less money

Vince Cable dances with the unions

The Business Secretary’s words to the GMB union today about the government’s reluctance to reform Britain’s antiquated trade unions laws could hardly have been more modest. He called for a ‘mature and productive relationship’ with the trade union movement. Given the reception he received, this seems like wishful thinking (we at Policy Exchange had a dose of the GMB’s approach when it described our recent report on public sector pay as ‘propoganda [sic] in the tradition of reports by Joseph Goebbels’). Despite the heckles, Vince Cable was keen to emphasise that the government has no plans to reform strike laws and that it would only do so if pushed. It

From the archives – the Butcher of Belgrade

As Ratko Mladic faces his accusers at the Hague, it’s instructive to revisit the fallout from one of the atrocities he is alleged to have committed. The Srebrenica massacre was both a horrendous tragedy and a horrendous failure of internationalism – a point the Spectator made cautiously as news of the war crime emerged. No End of a Lesson, The Spectator, 22 July 1995 The tragedy in Bosnia is so harrowing, the United Nations’ failure so all-embracing, the West’s humiliation so total that it is difficult as yet to see beyond them. But for the Bosnians themselves, the worst may now be passed. Whether the defeated international powers stage some

A show trial with a difference

It’s a sleepy morning in Westminster. Fleet Street is exercised by the arrival of a new strain of e-coli in Britain and there’s also the promise of a sweltering day’s Test cricket at Lords. The Hague, by contrast, woke to the prospect of seeing Ratko Mladic, the Butcher of Belgrade, arraigned before the international court. Mladic was in hospital over night, being treated for his cancer. In view of Mladic’s ailing health, the chief prosecutor, Serge Brammertz, shortened the list of charges to ensure that the trial is shortened. In other words, those charges that might not easily stick are to be dropped so that sentence can be passed quickly. The same

Alex Massie

The Problem of the Supreme Court

Readers in England and other less-fortunate lands may not have been following the latest stushie in Scotia new and braw. This time it’s the law that’s the problem. Or rather, the UK Supreme Court’s ability to rule on Scottish appeals on Human Rights and other EU-related business. Last week this led to the conviction of Nat Fraser, imprisoned for the murder of his wife Arlene, being quashed on the not unreasonable grounds that the Crown had failed to disclose vital evidence that cast some doubt on the most important part of the case against Mr Fraser. Kenneth Roy, sage of Kilmarnock, has an excellent summary of the affair. Cue much

Brennan comes to Balls’ aid

To present the government side in the Shoesmith case, former minister Kevin Brennan MP has written an extensive defence of Ed Balls’ decision to sack Sharon Shoesmith. Brennan’s argument is predicated on Ofsted’s report. Brennan writes: ‘Faced with such a report, the Secretary of State had to act decisively. Anyone who doubts for a moment the decision Ed Balls took should look again at that report and its implications for the leadership of child protection in that borough.’ Shoesmith has cast doubt on Ofsted’s report, asserting that its authors had been leant on after they had conducted their research and found her department to be under pressure but in good

Shoesmith strikes at Balls and executive power

Sharon Shoesmith cut into Ed Balls on the Today programme this morning. She said: “Why don’t we ask Ed Balls why he acted on November 12, 2008 when he knew for 15 months that Peter Connelly had died and I was working with his officials, I was going to the government office, they were reading the draft reports. Haringey council knew all about it. We examined the conduct of our social workers, we found a disciplinary against them, but they weren’t sacked – all of that was open and clear and on the table and everyone knew everything about that. It wasn’t until the spat in the House of Commons

James Forsyth

Michael Gove to appeal Shoesmith verdict

Whitehall sources say Michael Gove will appeal the Court of Appeals judgement which decided Sharon Shoesmith’s dismissal was so ‘legally flawed as to be null and void’ to the Supreme Court. Although Gove recognises that Balls blundered in the way he dismissed her, he also believes that there are important constitutional principles at sake in this case about how Ministers make important and urgent decisions and what the role of the courts is in challenging such decisions. Gove wants the Supreme Court to consider these issues because of the huge importance of judicial reviews, which are being used repeatedly by opponents of the government to try and stymie its agenda.

James Forsyth

Shoesmith in line for up to a million in compensation following sacking over handling of Baby P case

Sharon Shoesmith, who was head of children services in Haringey at the time of the Baby Peter case, is set to receive a sum that could be as large as a million pounds in compensation. The Court of Appeal has ruled that the way Ed Balls, then the secretary of state, and Haringey took the decision to dismiss her was procedurally unfair to Shoesmith and so she was not lawfully removed, entitling her to compensation possibly including full pay and pension for the last couple of years.    Shoesmith might be legally entitled to this money. But given the circumstances in which she is receiving it and the institutional flaws exposed

Clegg: No MP is above the law

The sun shone on the deputy prime minister at DPMQs earlier today. Nick Clegg usually wears a grimace at the despatch box; but he was assured this morning, successfully defending a Labour onslaught on the NHS reforms. There were even flashes of, well, Flashman. He replied to a question from Chris Bryant by quipping, “Every time the Honourable member asks a question, I wonder why anyone bugged his phone.” Clegg also rebuked John Hemming for breaking the Giggs super-injunction yesterday; a popular move among those MPs who think Hemming degraded parliamentary privilege. Clegg said: “I don’t think anyone should be above the rule of law. And if we don’t like

James Forsyth

Hemming divulges

‘Mr Speaker, With about 75,000 people having named Ryan Giggs on Twitter it is impractical to imprison them all and with reports that Giles Coren is facing imprisonment’ This was as far as John Hemming got in his question to the attorney general before the Speaker interrupted him to warn that he should be talking about the principles involved in super-injunctions not the people. But now that it has been said in parliament it can be reported by the press, although I do not believe any newspaper is allowed say which super injunction he has taken out or whether those naming Giggs on Twitter are correct. There were gasps in

James Forsyth

What the attorney general needs to do

I’m sure that all CoffeeHousers know who the footballer is with the super injunction preventing newspapers from publishing anything about his affair with the Big Brother contestant Imogen Thomas. But if you didn’t, the papers would have made pretty odd reading over the past few days because the press keeps making little in jokes that are only funny if you know the player’s identity. David Cameron this morning announced that he knew the identity of the player.  This highlights one of many ironies of the situation, which is that far more people are now aware of who the errant footballer is than would have been if the news had just

Fraser Nelson

Hugh Grant and Low Life

I’ve always rather admired Hugh Grant, so it was almost a pleasure to be beaten up by him on Newsnight last Friday. He was attacking the celebrity-hunting media, whereas I set out to defend free press and self-regulation of the media. If you’re going to have sympathy with any Hollywood figure, you’d have sympathy with Hugh: he’s a single man who has never tried to moralise, and has cameras pointing at him everywhere he goes. Besides, he made an impassioned and powerful case against the intrusion of the paparazzi — while yours truly was left defending the Press Complaints Commission. But I didn’t know, until I met him that night,

Freddy Gray

What has Ken done wrong?

What has Ken Clarke done wrong — other than commit the political sin of making a media gaffe? Nothing. In yesterday’s now infamous BBC interview, he was simply attempting to explain his position on rape sentencing, which may or may not be the right one. It’s a difficult question — and, under some antagonistic interrogation, he stumbled and got flustered. “Rape is rape,” said the radio interviewer. “Not it’s not,” the Justice Secretary replied. He later talked about “serious, proper rape.”   Bad phrasing? Certainly. Injudicious? Sure. But Clarke’s essential argument — that not all rapes are the same, that some rapes are worse than others — is quite obviously

Clarke’s calamity

Has Ken Clarke just signed his own political death certificate? Whether you agree with his liberal sentencing reforms or no’, there’s little doubting that the Justice Secretary has just stumbled quite emphatically on Radio 5. It looked bad enough for him when, discussing an idea to cut the sentences of those who plead guilty to sex attacks, he blustered that, “No, I haven’t put this idea to women who’ve been raped because I haven’t met one recently.” But then it turned even worse when a rape victim called in to describe her tragic case: she had been dragged through the courts for almost two years in search of justice, only

The Law vs Gaddafi

Luis Moreno-Ocampo of the International Criminal Court has said that Colonel Gaddafi, Saif al-Islam Gaddafi and spy chief Abdullah al-Sanussi have the greatest responsibility for the “widespread and systematic attacks” on civilians in Libya. The prosecutor has therefore asked the ICC to issue warrants for their arrest. The move comes as rebels claim they now have full control of Misrata and scored victories in Zintan, south-east of Tripoli. A senior officer told me he thought Colonel Gaddafi would be toppled in less than six months. But if he does not fall, the ICC move may become problematic. For if  warrants are issued, the Libyan dictator has little way out but

Back to the start on a military covenant

I suppose you could call it an O-turn. First, the Prime Minister declared, in a speech aboard HMS Ark Royal last year, that a new military covenant would be enshrined “into the law of our land.” Then, there seemed to be a U-turn, with the government committing only to review the covenant annually, not to lend it legal force. Yet, now, a U-turn on the U-turn, with the news that it will be etched into the staute books after all. The defence minister Andrew Robathan tells today’s Telegraph that, “we are putting the military covenant on a statutory basis for the first time.” The formal announcement is expected in the

Baleful Bosnia

Bosnia has been getting more attention recently, as analysts predict gridlock (or worse) in the coming weeks. The reason is a move by the country’s Bosnian Serb leader, Milorad Dodik, to challenge parts of the Dayton Peace Agreement, which ended the hard-fought war in 1995. Few people outside Bosnia know who Dodik is. Those who knew him during the Bosnian War or immediately afterwards saw him as a moderate businessman-turned-politician. But since then, Dodik has either changed or shed his cover. Now he wants to hold a vote next month on whether to reject Bosnia’s federal institutions, especially the war crimes court. He has accused the court of bias. A

MacShane’s contradictory testimony to the Iraq Inquiry

A trickle of documents from the Chilcot Inquiry have been released today, among which is the written witness statement of former Europe Minister Denis MacShane. It’s rather intriguing. MacShane told the inquiry that it was his understanding that France ‘would not leave the US, Britain and other allies alone in any action against Saddam’ and that President Chirac then vetoed military action in the UN at the stroke of the twelfth hour, apparently against the wishes of his colleagues and France’s political establishment. MacShane says he gained this impression after speaking to a senior French official at the Anglo-French summit at Le Touquet on 4 February 2003, six weeks before

The press becomes the story

The power of the press has, almost from nowhere, become one of the defining leitmotifs of this Parliament. Only two years ago, the Telegraph exerted that power to (partially) clean out British politics, and won general acclaim in the process. But now, it seems, the media is more likely to have its actions attacked, or at least questioned and contained. Whether it is the Press Complaint Commissions’s censure today for those clandestine Cable tapes, or the continuing hoo-hah over super-injunctions and their infraction, there is a question hanging unavoidably in the air: how much does the public have a right to know? This is a precarious political issue, not least

Crimes committed in a just cause

Last week, the International Criminal Tribunal for the Former Yugoslavia (ICTY) found former Croatian General Ante Gotovina and a fellow officer, Mladen Markac, guilty of war crimes during the Yugoslav Wars. The news has been greeted with dismay in Croatia. Tens of thousands of war veterans and citizens rallied under the slogan “For the Country” in Zagreb’s main square, Trg Bana Jelacica, over the weekend to express their outrage against the verdicts. The Croatian government has followed suit, calling the verdict “unacceptable” and vowing to “do everything in our power to change it.” The verdicts are understandably difficult for some Croats to bear. Their struggle for independence against Serbia has,

James Forsyth

What to do with Gaddafi?

The charge sheet against Colonel Gaddafi in any trial would be a long one. There are his crimes against his own people, his support of terrorism overseas and his wars in Chad. But, however morally right it would be to make Gaddafi face justice, the door should be left open to him to go into exile. Gaddafi and his family leaving Libya would make possible an end to this conflict and prevent huge bloodshed as Gaddafi attempts to cling on to power street by street. The unpleasant truth is that if dictators are left only with the choice between fighting to the bitter end and a trial in the Hague,

Putin rages against the “crusading” West

A gold star for Vladimir Putin, for providing us with one of the most extraordinary interventions of the day. While we knew that the Russian Prime Minister is opposed to military action in Libya — and also that he is no natural friend of the West — it is still striking to hear him talk as he does in the video above. “It reminds me,” he says of the UN resolution at hand, “of the medieval call for a crusade.” Ever the pacifist, he then goes on to rail against the “steady trend in US policy” to get involved in conflicts abroad. Meanwhile, our government is doing its part to

The government has been the author of its troubles

In his Spectator column this week, James Forsyth painted a picture of a government taken by surprise by enemies who have, in effect, ambushed them – the civil service, the civil service’s lawyers and the European Union in particular. Clearly the government is frustrated by the “forces of conservatism” and the “enemies of enterprise”, but the difficult truth is that a lot the government’s problems are of its own making, and in its own hands to put right. When it comes to the civil service, the government hasn’t simply inherited an uncooperative Whitehall. It has strengthened its position, as a conscious policy decision. Francis Maude said it in terms at

Fraser Nelson

The threat to a British liberty

It’s a funny old world. I have now been contacted by two journalists informing me that Bedfordshire Police are investigating The Spectator. Why? Because of the Melanie Philips blog where she referred to the “moral depravity” of “the Arabs” who killed the Fogel family in Israel. CoffeeHousers can judge for themselves if they agree or disagree with her language and views – but should this be illegal?  The Guardian has written this story up, claiming The Spectator is being investigated by the Press Complaints Commission. This is untrue. The PCC tell me that a complaint has been lodged, but that’s as far as it has gone. They investigate only if

Fraser Nelson

Clegg’s coup

Libya is not the only scene of conflict today. Nick Clegg has just won a powerful victory over the Conservatives, appointing a Bill of Rights commission which is certain to leave the ECHR intact. When you see the names Philippe Sands, Helena Kennedy and Lord Lester on the list — even alongside Tories — you know that this review is over before it has begun. Clegg is a firm believer in Europe, and has played his hand very well — outmanoeuvering the Conservatives who thought that a British Bill of Rights should supplant edicts from Strasbourg. Upshot: there may still be a Bill of Rights, containing various declarations inserted by

Alex Massie

This Country Needs More Daffodil Police

You will notice that the little girl pictured here is a) in a park and b) skipping merrily through the daffodils. Being a well-brought-up type she is not c) pulling up daffodils just for fun. She is not, that is to say, one of Jane Errington’s children. Miss Errington, a resident of Poole, is most aggrieved that her children – aged four, six and ten – were cautioned by police and warned that destroying daffodils in a public park could be construed as criminal damage and, were said flowers then removed from the park, theft. The Daily Mail uses the story to have a go at the Peelers who, we

James Forsyth

The British Bill of Rights stalls

A British Bill of Rights has long been the Tory leadership’s sticking plaster solution to the problems posed by the ECHR. The idea is that a British Bill of Rights would give this country a greater margin of appreciation in interpreting the convention. But this morning this plan is in tatters.   The long-awaited commission on the British Bill of Rights is clearly going nowhere.  Any commission which includes Lord Lester and Helena Kennedy, two of the Lib Dem appointees to it, isn’t going to improve the situation.   The failure of this commission even before it has started is a reminder that this problem isn’t going to be solved

A landmark judgment for the security services on torture

The Court of Appeal made a momentous judgment this afternoon. It was hearing the appeal of Rangzieb Ahmed, the first man to be convicted on terror-related charges in this country, for which he is serving 10 years. Ahmed’s appeal was based on the allegation that British security services had been complicit in his torture and that the evidence for his conviction, gained by Pakistan’s ISI, was obtained by a series of extreme measures culminating in the slow removal of his finger nails. The appeal judges rejected Ahmed’s suit, saying that there was no evidence that his nails had been pulled out or that British officers ordered beatings. Ahmed’s claims had

On the basis of this legal advice, the government is not planning to defy the ECHR

As I wrote this morning, the Times has obtained a copy of a government legal memo (written before last week’s prisoners’ debate in parliament) examining non-compliance with the ECHR’s infamous judgment. The newspaper argues that the government plans to defy the Court; and there are plenty rumours swirling around Westminster to that effect, which is hardly surprising given that the Times chanced upon this document. But it’s mostly hot air. The government lawyers actually advised against non-compliance on four separate grounds and revealed that British officials are working towards compliance. First, here are the recommendations of the advice: 1).    The Strasbourg judgements on Hirst and Greens and MT are

It’s a knock out: judicial activism versus the sovereignty of parliament

The prisoner voting debate is coming to a head, and Dave has turned once too often. The Times has received (£) what it describes as a government legal memo, urging the government to defy the demands of the European Court of Human Rights. After last week’s parliamentary debate, the government’s lawyers calculate that the ECHR can only put ‘political pressure rather than judicial pressure’ on British institutions. This is a seminal moment: political will has not been met by administrative won’t. But would non-compliance succeed? Last month, Austria’s attempt to withdraw the franchise from all prisoners serving more than a year was thrown out by the ECHR; but one suspects

James Forsyth

The Commons rejects prisoner voting rights

The Davis Straw motion on keeping the ban on prisoner votes has just passed by 234 votes to 22. It is a crushing victory on what was a very good turnout given that both front benches were not voting. The 22 against the motion were a bunch of Liberal Democrats plus the Ulster MP Lady Hermon, the Plaid MPs Jonathan Edwards, Elfyn Llwyd and Hywel Williams, the Green Caroline Lucas,   Labour MPs Barry Gardiner, Kate Green, Glenda Jackson, Andy Love, Kerry McCarthy, John McDonnell, Yasmin Quereshi  and  one Tory Peter Bottomely, David Cameron now finds himself between a rock and a hard place. His MPs hate the idea of giving