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As promised, I can now provide a full copy of the motion to dismiss the application for Chapter 7 bankruptcy filed by Mark Brewer in respect of the seemingly non-existent SSG LLC.

Ordinarily I’d run this though an OCR package to generate text that can easily be copied and pasted but, unfortunately, on this occasion the quality of the original scans is not good enough to make this a doable exercise in the time I have available, so its a pdf download I’m afraid:

SSG/SPCK Motion to Dismiss chapter 7 application

One important technical point that needs to be understood. The ‘Trustee’, Randy Williams, who filed this motion is not a trustee of SSG in the sense we understand the term in UK Charity Law.

He is a court-appointed bankruptcy trustee whose role is much the same as that of a liquidator or the Official Receiver in the UK, i.e. his role is to take possession of any non-exempt assets remaining to the bankrupt individual/company, liquidate them and distribute the proceeds to the debtor’s unsecured creditors.

25
Jul
2008
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I’ve got a treat for anyone following the SSG/SPCK saga today – the fill set of legal papers filed in relation to J Mark Brewer’s attempt to take a UK registered charity into bankruptcy in a Texas court.

To begin at the beginning, we’ll start with the Statement of Financial Affairs:

Statement of Financial Affairs

Points of interest here include the figures given for income in 2006 and 2007 – $4.7 million and $7.5 million – and the list of payments made to creditors in the 90 days prior to filing for bankruptcy which, amongst other things, show that just about the last thing SSG did before filing for bankruptcy and making its staff redundant was transfer around $75,000 to the Orthodox Christian Mission Fund, Houston, although the statement also shows an outstanding debt to the same fund of $494,000. This is on top of another $250,000 of so paid to this fund between September 07 and January 08.

The creditors list also shows Brewer’s law firm to be claiming to be owed $56,000 despite receiving $110,000 in two payments for legal services in August/September 07 – the Charity Commission needs to look carefully at this in the context of regulations on trustee benefit.

Next, there’s Brewer’s Disclosure of compensation disclosing the retainer of $75,000.

Disclosure of Compensation

Followed by Schedules E. F & G which, taken together, list all SSG’s creditors and how much they’re owed.

Amended Schedule E & F

Schedule F continuation

Schedule F continuation_001

Schedule F continuation_002 & Schedule G

We also have an anonymous letter to the court, which points out the Brewer is trying to take a UK charity into bankruptcy under a fictitious company name, signed ‘Outrageous’.

Anonymous Letter

And finally, a fresh and much better copy of the motion to dismiss the bankruptcy application.

Motion to dismiss

One the face of it, this looks for all the world as if its a fraudulent application – remember, J Mark Brewer is a lawyer and while there are significant differences between UK and US law, he should be more than capable of understanding something as basic as the fact that you cannot apply for bankruptcy in a US court on behalf of a UK registered charity.

From the information to hand, there look to be some serious questions about trustee benefit that the Charity Commission need to look into and, and I think this may explain exactly what is going on, as the original agreement for the running of the bookshops was with the Saint Stephen the Great Charitable Trust, which is not an incorporated body and even today, remains an unincorporated subsidiary of the limited by guarantee Saint Stephen the Great Ltd, which Brewer formed in 2007.

I think it is possible, if not likely, that liability for the outstanding debts incurred in this matter, and for any awards arising from the pending employment tribunals, may rest with the charitable trust – and if that is the case, then because it is an unincorporated body its trustees, J Mark Brewer and family, may be personally liable for its debts and that liability is unlimited.

That, if true, would give all of SSG’s creditors a personal claim against Brewer for any monies still owing to them, not to mention provide ample motive for a fraudulent attempt to file for corporate bankrupty on behalf of a UK registered charity under a fictitious company name.

Mr Brewer, you have some serious questions to answer.

(And a major thank you to my sources – you know who you are and I think you will have everyone’s gratitude… except Brewer’s)

26
Jul
2008
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I’ve noticed that a few bloggers have taken to sending ‘I am Dave Walker’ e-mails to J Mark Brewer at his office e-mail address. I’m not sure quite how wise a move that is on its own, although his rather santimonius comments in reply are quite amusing.

That said, I’ve taken the liberty of send Brewer an e-mail of my own, as there are a few questions I’d like him to answer…

Dear Mr Brewer,

Having reviewed the documents filed with the US Bankruptcy Court in relation to the chapter 7 application by ‘SSG LLC’?

1. It has been suggested that St Stephen the Great LLC, the company name used in the chapter 11/7 application does not exist as a legal entity – is this true and, if so, why was the application filed in this name, which was also used in the redundancy notices issues to employees of SPCK?

2. It has also been suggested that the actual legal entity to which the application relates is St Stephen the Great Ltd/St Stephen the Great Charitable Trust, a UK registered company/charity. Is this the case and, if so, can you explain why you are seeking to liquidate a UK registered entity in a US bankruptcy court?

3. The schedule of creditors indicates that the largest creditor of ‘SSG LLC’ is the Orthodox Church Mission Fund of Houston and that, in addition to payments of around $325,000 to this organisation from the funds of ‘SSG LLC’ since September 07, including $75,000 or so just prior to announcing that it would go into chapter 11, there is still an outstanding balance of $494,000. How is that that a charity running a chain of Christian book shops in the UK can come to owe a US-based private grant making foundation over $800,000?

4. Assuming that the ‘SSG LLC’ named in these papers is the UK registered charity, were the Charity Commission notified that it has incurred debts of this size and have they been notified that you are seeking to liquidate the charity in the US?

5. The schedule of payments made in the 90 days prior to the bankruptcy application shows payments of around $110,000 to your law firm, with an outstanding balance of £56,000. Given that you are a trustee of the charity, did you obtain the assent of the Charity Commission as a trustee of the charity before contracting out legal work to you own law firm or confirm with them that this would not be considered an unlawful trustee benefit?

6. I note that responsibility for those SPCK stores that remain open in the UK has transferred to a company called ENC Shop Management, but for two shops in Durham and Chichester Cathedral which operate as separate entities. In all case, however, you remain a director of these companies having been a director/trustee of SSG/SSGCT. Were any of the assets of SSG/SSGCT transferred to these companies and, if so, when did the transfer take place and what authorisation, if any, did you obtain for the Charity Commission for such a transfer?

Finally,

7. Given that that you issued a ‘cease and desist’ notice to cartoonist Dave Walker on the same day that Randy Walker filed a motion to dismiss this application which note a considerable number of serious discrepancies in the application, is it not reasonable to infer that that the notice sent to Mr Walker was prompted by a desire on your part to prevent him from commenting on and publicising the content of the motion to dismiss?

Regards

Unity

www.ministryoftruth.me.uk

If I get a response from him, you’ll read it here first…

28
Jul
2008
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It’s time for a quick update on the ongoing SSG/SPCK saga and J Mark Brewer’s efforts to obtain a bankruptcy order in the US court on behalf of a UK charity and if you’ve been following any of this you should be delighted to know that Brewer’s bankruptcy application was heard yesterday and dismissed with prejudice.

“Courtroom Minutes. Time Hearing Held: 11:00 am. Appearances: Mark Brewer for debtor; Randy Williams for Trustee. (Related document(s): 24 Chapter 7 Trustee’s Motion to Dismiss Case). Ellen Hickman present. Mr. Williams addressed the Court regarding the motion to dismiss. Arguments were heard by opposing parties. The Court announced its findings and dismissed the case with prejudice. (rsmi) (Entered: 08/28/2008)”

If your uncertain what dismissal with prejudice means it means simply that that he is barred from making any attempt to re-file for bankruptcy on behalf of SSG.

So what does this means for Brewer and his creditors.

First and foremost, if I’m correct in my understanding of the legal end of things in this country then SSG’s outstanding liabilities rest with the St Stephen the Great Charitable Trust, which was and still is an unincorporated body.

Although Brewer did set up a charitable company in the UK in 2007 and then successfully persuaded the Charity Commission to allow him to ‘move’ the trust into the position of its being a subsidiary of the company in what, with hindsight, looks very much like a purely arse-covering measure, my feeling is that this doesn’t cover him for the Trust’s liabilities…

…and if that is the case, then Brewer and his family are personally liable for the Trust’s debts.

Second, and this will depend very much on what the full written judgement states, Brewer’s application for bankrupcy includes what, on the face of it, appears to be manifestly false information. The company name he gave on the paperwork, SSG LLC, does not exist…

…and the judge was minded to take a particularly dim view of the application being made using false information then Brewer could be staring down the barrel of a charge of perjury.

Finally, for now, let’s not forget that Brewer is a lawyer and that he did his own paperwork, even to the extent of trying to score a retainer out of the whole gig. In my experience, the kind of professional associations that regulate the legal profession tend to take something of a dim view of lawyers who file false information in casess in which they have a direct personal interest. It’s unethical and just the kind of thing that can easily result, if you are a lawyer, in your licence to practice being suspended, if not removed entirely.

Much depends here on precisely what the judge had to say but if the grounds given for the dismissal with prejudice assert that the application was dismissed as ‘frivolous’ then Brewer could be looking at disciplinary action for breaching rules 3.01 and 3.03 of the Texas Disciplinary Rules of Professional Conduct (PDF) (see pages 52-55) and rule 11 of the Federal Rules of Civil Procedure.

Brewer, to put it mildly, may well be right up shit creek and rapidly running out of paddles – and that’s before the Charity Commision and/or the UK’s Companies Investigation Bureau get started on him.

29
Aug
2008
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Over at the Wardman Wire, Matt is currently presiding over yet another ‘Spartacus Action’, this time relating to a ‘cease and desist’ letter issued by the Texas-based owner of what used to be a chain of Anglican bookshops to a British blogger/cartoonist, Dave Walker, which led to the removal of 75 posts from Dave’s blog.

Okay, so Christian bookshops aren’t exactly my thing, in fact the two that I know of in Birmingham City Centre, one of which is/was an SPCK store, are just about the only bookshops in the area I haven’t been into and my only recollection of the SPCK one, other than its general location, is that its window displays tended to look a mite less scary than those of larger evangelical shop that was big on targeting kids…

…but personal and irreligious prejudices aside, we’ve got ourselves yet another blogger in the firing line for writing openly about matters that a litigiously-minded individual, J Mark Brewer, who also happens to be a commercial lawyer in his home state of Texas, would prefer that he, and others, didn’t discuss, and when the call for a bit of solidarity goes out then, as bloggers, we stand together.

So far as the backstory to all this goes, Dave’s missing archive is still retrievable via Google’s cache and, with any luck, efforts should be under way to retrieve this material and get into an onlne archive somewhere that Brewer will find rather more difficult to threaten, but if you prefer a quick summary of the main issues then try this from Blogula-Rasa:

[Dave Walker] has removed all content from his blog pertaining to the odd and ongoing story of how an Anglican bookstore chain got turned over to a group of Texans of the Orthodox faith for a song. And how a lot of people lost their jobs over the last year or so, and how one young man was driven to despair and committed suicide, all because this strangely fundamentalist Orthodox group decided to gut the bookshops, fire the staff, and behave in a very anti-businesslike way. Almost as if they deliberately wanted to drive the bookshops into the ground and somehow leverage that failure.

There’s also more background to be found at MetaCatholic, including some interesting questions about Brewer’s rather unusual interpretation of Eastern Orthodox doctrine – worth reading the whole post and the comments – which, when added to everything else, has got my ’something’s not quite what it seems’ bump itching, and regular readers will know what comes next.

We’ll take the contemporary stuff first, because it take some unpicking but…

In June of this year, the charitable trading company which operated what SPCK’s bookshops, SSG LLC, filed for Chapter 11 bankruptcy – and if you’re thinking all sounds rather unfamiliar, what the references to ‘LLC’ and Chapter 11 bankruptcy tell us is that we’re dealing with a US registered company (Houston, Texas, to be precise). Not uncoincidentally, SSG LLC’s decision to run for Chapter 11 parallels a very different set of legal proceedings currently awaiting Brewer’s attention, anything up to an estimated 30 employment tribunal claims, including 15 being prepared by the shopworker’s union USDAW, most of which relate to the imposition of unilateral variations in contractual terms although, from what I can pick up, there well also be at least one gender discrimination claim in the offing arising from the dismissal of a pregnant employee.

As yet, I’ve been unable to find any trace of SSG LLC on the UK Companies House Register, not even as a foreign company trading in the UK.

Meanwhile, SPCK’s remaining bookshops, including those in Durham and Chichester Cathedrals have been transferred to companies called ENC Shop Management Co,, Durham Shop Management Co and Chichester Shop Management Co. all of which are listed on Companies House as foreign companies (Houston registered, again) and all having the same secretary and directors…

SECRETARY: BREWER, SANDRA K
DIRECTOR: BREWER, J MARK
DIRECTOR: BREWER, PHILIP W

There is, however, also a UK registered company called Saint Stephen the Great (which is what the SSG in SSG LLC is short for), with a company number of 06110519 – guess who it’s directors are?

Yes, its…

DIRECTOR: BREWER, JOHN MARK
DIRECTOR: BREWER, KAREN ELLEN
DIRECTOR: BREWER, SANDRA KAY

This appears to caused a little confusion as this particular Saint Stephen the Great does not appear to the company that ran SPCK, rather its a charitable company limited by guarantee (charity no. 1119839) set up in February 2007 as a limited liability vehicle that, so far as I can see, takes over the role and purpose of the Saint Stephen the Great Charitable Trust (charity no. 1109008) which was set up in 2004 and then transferred to the limited liability company as a subsidiary (charity no. 1119839 – 1) under a uniting direction issued by the Charity Commission in July 2007.

And the trustees of these charities are…?

JOHN MARK BREWER
SANDRA KAY BREWER
KAREN ELLEN BREWER

Since shipping up in the UK in 2004, it worth noting that only once has any of Brewer’s operations actually filed any paperwork with a regulatory authority – the Saint Stephen the Great Charitable Trust files its first year’s accounts and annual return with the Charity Commission albeit that both were filed 6-9 months late, The Trust’s annual return and accounts for 2005-6 are still listed as being overdue as are the first year’s accounts and annual return for the limited liability company at Companies House, but not with the Charity Commission as this company was not registered as a charity until August 2007.

Having noted a few anomalies at this end, and within the last few minutes, a contact of mine in the US has forwarded some additional, and extremely interesting, information about Brewer’s efforts to file for bankruptcy.

My understanding is that, having filed initially for chapter 11 bankruptcy, which exists to give companies time to restructure as a going concern, this has now been switched to an application for chapter 7 bankruptcy, which is the full liquidation of the company… HOWEVER…

A petition has also been filed on behalf of as yet unidentified creditor, contesting the application for bankruptcy and this petition makes a number of very interesting allegations, specifically…

1. That there is no legal entity, i.e. company, with name ‘SSG LLC’ registered to Brewer in the US nor is there an SSG LLC registered with the US Internal Revenue Service for the purposes of claiming tax exemptions afforded to US charities.

2. That the SSG LLC referred to in Brewer’s petition for bankruptcy is, in actual fact, Saint Stephen the Great Limited, the UK registered charitable company limited by guarantee, noted earlier on – amongst the evidence for this, the petition notes that taxpayer number supplied for ‘SSG LLC’ on the bankruptcy petition is identifical to that of the UK registered charity/company, and,

3. That Brewer’s petition and its schedules provide the court with false information about the assets of the charity/company during the period that it ran SPCK from November 2006 to June 2008 and discloses that Brewer is acting as legal counsel in these proceedings on an agreed retainer of $75,000.

Here, I have a direct quote from the petition – the annotation in square brackets is mine]:

While the debtor operated numerous bookshops in England and Wales it lists not one asset on its schedule A or B, but lists on the petition that the estimated value of assets is in excess of $100,000. Mark Brewer says that he agreed to accept a retainer of $75,000 to act as counsel, even though he is an interested party and insider, but his disclosure of compensation provides that he has been paid nothing.

[I'm not entirely sure, but I believe that, as legal counsel is his own company's bankruptcy proceedings, Brewer's fees would be recovered from the remaining assets of the company, which are claimed to be $100,000, before debts to other creditors, including those former employee's who were made redundant when 'SSG LLC' filed for bankruptcy, are settled - if there is anything left to settle them with, of course. Quite what the disclosure that he has, apparently, been paid nothing as yet might mean, if anything, I'm not entirely sure.]

The Statement of Financial Affairs reference millions of dollars of business in the last few year and even hundreds of thousands in the months leading up to the filing, but again, no assets are listed. And no bank accounts are listed as having been recently closed.

If the allegations I’ve seen are correct, then it would appear that Brewer is attempting to take a British registered company/charity into bankruptcy under US law in the US court -as to why he may be doing that, if that is indeed what is going on here, one possible explanation is that if SSG LLC does not exist then the legal entity that took over SPCK in November 2006 could only have been either Brewer, acting as a sole trader, or the Saint Stephen the Great Charitable Trust. In either case, Brewer would be personally liable for any debts or liabilities incurred between, at least, November 2006 and July/August 2007. when the Charity Commission allowed the transfer of the Trust to a subsidiary of the Charitable company – and in UK law that personal liability extends to financial liabilities incurred as a result of actions taken prior to the transfer, even if the laibility itself only arise as the result of legal action taking place after the transfer.

One possible interpretation of the usual circumstance revealed by the petition, which asks for Brewer’s application for chapter 7 bankruptcy to be summarily dismissed, is that Brewer is seeking to avoid any possibility of personal liabilities arising out of the closure of a number of SPCK book shops and the array of pending employment tribunal cases, although there may conceivably be others – not that I can personally think of any off the top of my head.

Given this new information, there would also seem to be some significant questions to be asked as to what information, if any, Brewer may or may not have disclosed to the Charity Commission in the course of seeking approval for bringing the charitable trust under the umbrella of the limited liability company/charity.

I am currently awaiting a copy of the full petition and will, of course, post it in full as soon as I receive it, subject to verification that this will not prejudice proceedings – my contact is currently attempting to obtain a copy from court records filed in the US without doing anything that might disclose their identity. One thing that is worth noting, however, is that date on the petition is the same as that on which Dave Walker received the cease and desist letter from Brewer, which suggests that Brewer may have been more concerned about the possibility of Walker and publishing the contents of the petition than of any of Dave’s previous posts.

I was going to go on to provide more information about Brewer’s backgound prior to SPCK/SSG, some of which is very interesting indeed, but that will have to wait for another post given the issues revealed by the content of the petition I’ve seen so far.

UPDATE

There’s an interesting discussion at Ship of Fools about the legalities of this matter that I’d comment in had my registration been sorted – as things stand I’ll try to clarify thing here and hope someone there will see this and cross-post the information.

So…

1. Who has been running SPCK since November 2006?

From what I can ascertain, the agreement for the bookshops was between SPCK and the St Stephen the Great Charitable Trust, which was a UK registered charity until August last year. As such, the trust must have been constituted under the law of England and Wales.

In February 2007, Mark Brewer set up and incorporated St. Stephen the Great Ltd as a company limited by guarantee. This has a UK company number and, again, must be incorporated under UK law.

In August 2007, the Charity Commission registered St Stephen the Great Ltd as a registered charity and, at the same time, permitted the St Stephen the Great Charitable Trust to become a subsidiary charity of St Stephen the Great Ltd – all, again, under UK law.

So, we have a limited liability parent company/charity with a subsidiary charitable trust that does not have limited liability.

Finally, we have ENC Shop Management – this was incorporated in March 2008 as a US company trading in the UK. It, together with the Durham and Chichester management companies, are the only one’s registered in the US and subject to US law, specifically that of the State of Texas.

2. Who is SSG LLC, the company that filed for bankruptcy in Houston, Texas?

So far as I can ascertain, SSG LLC does not appear to exist. I cannot find any such company registered in Texas – well, actually there are several companies with variations on the SSG name but none appear to have anything to do with Brewer – and tax information filed with the Bankruptcy court in Texas appears to relate to the UK registered St Stephen the Great Ltd.

There is also no record of SSG LLC applying for or obtaining tax exempt status as a charity in the US from the IRS, which is the nearest equivalent to UK charity registration.

3. Where does liability rest in this nest of companies?

As a charitable trust. the St Stephen the Great Charitiable Trust’s liability for debt is unlimited – if it become bankrupt, liability for any outstanding debts rests with its Trustees and the liability is personal.

However, as a subsidiary of St Stephen the Great Ltd, the assets and liabilities of the charitiable trust may have been transferred to the limited liability company on its becoming a subsidiary and if the company folds then, but for a notional guarantee sum to be paid by members (typically between £1 & £10 as specified in its Memorandum of Association) then any debts and liabilities notionally ‘die’ with the company.

However, this presupposes that Trustees (i.e. Brewer and his family member) acted in good faith throughtout and were neither negligent in their management of the company nor that they acted fraudulently. If either is proven in court, then limited liability of the company can be set aside by the court and liability, again, becomes personal.

In addition, as we are dealing with charities, if the Charity Commission believes that charitiable funds have been misappropriated or other transferred away from the charity unlawfully and in breach of trust, it can institute proceedings to recover the monies regardless of any limitations on liability in Company Law.

3. Can Brewer legally file for bankruptcy in the US?

If SSG LLC does not exist, then no, not on behalf of either the charitiable trust or charitable company, both of which full under the jurisidiction of the High Cour of England and Wales. Only the US registered companies set up in March this year can file for bankruptcy in the US. Only the Us registered ENC, etc, can be liquidated under US law.

4. Why does this matter?

Because if Brewer’s application for bankruptcy in the US is accepted – and on what I can see so far, I cannot see that it can be – he will not be at any risk of being held personally liable for debts incurred in the UK  – although the Charity Commission could still seek reimbursement of any charitable funds used in breach of trust if that were proven.

If, on the other hand, either or both the UK registered charitable company and charitable trust go into liquidation then he may become personally liable for some or all of their outstanding liabilities, including any compensatory awards made by employment tribunals in any of the pending cases.

5. But aren’t those of SPCK’s former employees who lost their jobs eligible for payments in lieu of redundancy from the UK’s National Insuarance fund?

If they were actually made redundant on Brewer filing the bankruptcy application in the US, then yes- if everything else is legal and above board… and this seems such a cluster that one simply cannot be sure of the latter on the information to hand.

However, it seems that some, if not most, of the pending employment tribunal cases are not just about redundancy payments and or the settlement of outstanding wages. There is apparently at least one case of a woman dismissed while pregnant, which is a discrimination case in which, potentially, there is no upper limit on the amount that a tribunal can award in compensation, and from what I can see of the background to the other cases it seems likely that disputes over changes in contractual terms will mean that breach of contract will feature heavily in proceedings as well. Quite what else USDAW may be helping ex-employees of SPCK chuck into the mix is anyone’s guess, but the generally rule of thumb in employment tribunals is, as the complainant, its best to throw in the kitchen sink and let the tribunal rule out anything its doesn;t swallow than be conservative in your claim and miss out on a payout.

6. Shouldn’t the Charity Commission be investigating all this?

I understand that they now have a copy of the full petition referred to in this post in their possession.

24
Jul
2008
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I’ve left this alone for a couple of days but to bring everyone up to speed the ongoing saga of J Mark Brewer, the St Stephen the Great charity/charitable trust and SPCK’s former bookshops continues to rumble on unabated, with Brewer continuing to fire off his rather sanctimonious legal threats in the direction of Rev. Sam Norton while studiously avoiding any response to the list of substantive questions I sent him in relation to his attempt to file for bankruptcy in the US under a non-existent business name on behalf of a UK registered company/charity.

It seems that while Brewer’s up for bullying Christian cartoonists and members of the clergy, when it comes to taking on a big bad atheist blogger with a penchant for digging into the detail, like yours truly, he seems to be altogether lacking in intestinal fortitude.

Its also interesting to note that despite being issued with an open invitation to specify precisely what it is in either Dave Walker’s or Sam Norton’s coverage of the SPCK saga, the most that Brewer has managed appears by way of a specific objection is a single reference to the ‘…incompetence and injustice of the people who have taken over the SPCK chain.”

Brewer seems to consider that defamatory: personally I see these comments as no more than an expression of a perfectly reasonable opinion given the situation. Indeed, if Mr Brewer objects to being labelled ‘incompetent’ then I’m quite happy indulge him. Having read the documentation filed in his thus far abortive attempt to liquidate a British company/charity in an American court, if Brewer wishes to rule out the possibility of incompetence as an explanation for poor state of the paperwork then so be it even that does seem, to me at least, to be digging a rather sizeable hole for himself as it looks for all the world that if that apoplication is not the product of incompetence that it must reasonably be considered to be the product of an ill-conceived and fraudulent attempt to avoid any personal liability for the debts of the charity,

And as for ‘injustice’, well I don’t about you but I see that particular word as being entirely appropriate to a situation in which someone is trying to get a court ruling several thousand miles away on the other side of the Atlantic, in order to avoid paying his former employees the £26,000 or so that is still owed to them in wages after paying own law firm nearly £25,000 for consultations relating to the application for bankruptcy, not to mention, of course, the little matter of the $75.000 retainer that this same law firm was/is seeking to secure from the $100,000 or so of assets that Brewer claims is all that remaining to SSG – and let’s also not forget that this comes on top of another $110,000 paid over to Brewer’s law firm between August and September 2007 (with  a balance of $56,000 or so still, apparently, owing) and the $341,000 paid over to the Orthodox Mission Church Fund of Houston, whose sole trustee is, I’m reliably informed, a Mr J Mark Brewer.

I had assumed that lawyers, even in the US, still learned a smattering of Latin but clearly Brewer’s studies never quite got as far as ‘pro bono’.

I have to say that I’m also a trifle puzzled by a couple of entries that appear right at the end of the schedule of SSG’s creditors, one that shows that it apparently owes two of the new companies, set up by Brewer in March 2008 to run the former SPCK shops that he’s decided to hang on to, a little over $201,000 – over $165,000 to the Durham Cathedral Shop Management Co and a little over $35,000 to the Chichester Cathedral Shop Management Co.

How did that happen in the three months between the incorporation of these two new companies and SSG filing for bankruptcy? It seems that there’s yet another question that Brewer needs to answer and as we’re back in Q&A mode for the moment, I wonder if he could also explain why the St Stephen the Great Charitable Trust failed to file its accounts and annual return with the Charity Commission in 2006 and why St Stephen the Great Limited’s accounts and annual return for its first year of operation have yet to be filed with Companies House and are currently listed as overdue.

Getting back to the ‘cease and desist’ thing for a moment, its also worth noting that at least some of the content of Dave Walker’s blog that Brewer demanded should be removed in its entirety, consisted only of reposts of articles first published elsewhere, including some sourced from local newspapers. Needless to say, it doesn’t appear that any of these have received a ‘cease and desist’ e-mail from Brewer.

I also have to wonder whether it makes sense of Brewer to be investing so much time and effort in threatening bloggers when it looks very much as if, on the strength of the documents filed in his application for bankruptcy, he may have rather more pressing matters to attend to…

I declare under the penalty of perjury that I have read the answers in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct to the best of my knowledge, information and belief.

That’s what it says right above J Mark Brewer’s signature on the Statement of Financial Affairs filed with the Bankruptcy Court in Houston, Texas on June 19th 2008, which, as you’ll recall if you’ve been following this story, gives the name of the debtor seeking chapter 7 liquidation as ‘St Stephen the Great LLC’, a legal entity that does not exist.

And in italics, underneath the statement signed by Brewer, it goes on to say…

Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years or both.

Oh dear – I guess I’m not the only one whose going to asking some searching questions about the content of Brewer’s application for bankruptcy.

To finish up I want to bring this post full circle be returning to Sam Norton’s correspondence with J Mark Brewer on the subject of libel and, in particular, to Brewer’s most recent response, which contains not only glaring factual inaccuracies but which substantially misrepresents the actual legal position in which Sam finds himself in order to try to press home a threat that is entirely without merit.

To sum up the story so far, Sam Norton responded to Brewer’s first cease and desist e-mail by asserting his belief that any content that he, or Dave Walker, had published in regards to Brewer. SSG and SPCK was true or amounted to fair comment, at which he also went to invite Brewer to indicate specifically which statements and/or posts he considered to be untrue and defamatory – there are few other aside in Sam’s response which you can read by following the link at the start of this article, but those are the key points that gave rise to this response from Brewer:

RE: your cease and desist request to me

Sir

Neither English nor American law permits you to engage in what you term “fair comment” with respect to a private company, nor with respect to a private individual – namely, me.

Wrong! In the US, the common law principle of fair comment has been almost entirely superseded as a defence in libel actions by the Actual Malice standard laid down by the US Supreme Court in New York Times Co vs Sullivan (1964) but it still exists albeit that the fair comment defence only ever applied to opinions expressed about public figure and public officials. Fair comment is, however, still very much a live defence in English law and takes no account of an individuals public or private status – the test for fair comment in English law is simply that a statement expresses a view that a reasonable person could have held.

Brewer is also attempting to suggest that the actual malice standard does not apply here as he is a private individual going about private business, in which case to sue successfully for libel in the US he would only have to show that Sam or Dave had been negligent in publishing untrue information or comments and not that they had done so out of malice.

However, for this to be an effective threat, Brewer is relying on bloggers not being aware of of the principles laid down in Della-Donna vs Gore Newspapers Co (1986) and affirmed in relation to internet discussions in Thomas vs Patten et al (2005), which, in the matter of the controversies surrounding SSG/SPCK and his recent threats of litigation agaunst bloggers, makes him a limited purpose public figure for the purpose of defamation actions- and that means that he would have to show actual malice if he does take threats into court.

To clarify this, if its shown that a) a public controversy exists; b) that the [would be] plaintiff played a central role in the controversy; and c) the alleged defamation was germane to the [would be] plaintiff’s involvement in the controversy, then the [would be] plaintiff is a limited purpose public figure and must prove actual malice in order to sue successfully for libel.

Obviously the law does not allow one to cloak his conduct with such sophistry and then go about defaming someone.

Given that Brewer managed to get a clear error of fact and an error of law into the first sentence of his response I think its well worth taking his opinions of what the law does or does not allow under advisement.

Your unreasonableness in the face of my request that you stop defaming me is appalling. Your persistence in doing so without even seeking to know the truth, by talking to me for example, proves that you are in fact acting out of complete malice. Libel with malice, a malignancy of heart, is intolerable in civilized societies.

Never mind the sanctimonious rhetoric, the facts are that Brewer has been asked to identify the specific statements or comments he considers to be defamatory or untrue with the offer that Sam would review anything that Brewer specifically challenged. That Sam has declined to remove content from his blog wholesale and in the face of vague assertions and incoherent threats proves only that he is satisfied, on the information he has, that the content to which Brewer is objecting is substantially true and/or fair comment.

Mr. Walker is in no way a victim of anything done or not done, said or not said by me. I have no idea what you are on about in saying such a thing. I cannot fathom your judgmental presumptiveness in telling me to apologize to him.

Really? Well here its worth reiterating the point that much of what Dave Walker posted consisted of reposts of articles first published on other sites plus comments and emails sent to him by former employees of SPCK/SSG. What this means, if you read the majority judgement in Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) is that Section 230 of Title 47 of the United States Code (47 USC § 230), part of the Communications Decency Act is applicable and this holds that neither Dave or Sam can be held liable for reposting content provided for publication by third party provided that they don’t incorporate defamatory comments of their own into the text if commenting on the republished material in the same post. Fisker’s need to exercise a modicum of caution but merely reposting content is pretty much in the clear.

(A word of caution when reading the ruling in Batzel vs Smith – the case did generate a minority dissenting opinion which suggests that merely selecting content for republication would disapply the protections offers by s230 and this appears after the majority ruling, so don’t scroll right to the end of the document for the judgement in this case as if you do you’ll be reading the dissenting opinion and getting an incorrect reading of the law as it currently stands)

I reiterate my demand that you stop your defamatory blogging and invasion of my privacy. If you do not, I will seek redress in the courts of the country where I live – the United States. As your solicitor will have told you, you are subject to jurisdiction here as you knowingly libeled me on the worldwide web, you know me to be a resident of the USA and you know and intend to injure me where I live in the USA.

As tempting as it might to label this an empty threat, it does indicate the one option that Brewer does have open to him – he could file a defamation action in Houston and rely on the prohibitive costs of legal representation and logistical difficulties of defending a case in a foreign court preventing Sam (or Dave) from defending the case, giving him an eacy and uncontested route to a default judgement. For this reason, if a blogger finds themselves on the wrong end of a threat of a SLAPP action it is always worth making the Electronic Frontier Foundation aware of the situation. Texas, unfortunately, does not appear to have anti-SLAPP provisions in its civil code.

Your solicitor also will have told you that you are subject to service of process for a suit in the United States under the Hague Convention. You will then have to answer for your conduct in the venue where you intentionally caused me harm. I hope you understand this.

Brewer is referring here to the Hague Convention on Foreign Judgments in Civil and Commercial Matters which allows for civil and and commercial judgements handed down in one country to be enforced by the courts in another if both countries are signatories to the convention. This, of course, cuts both ways, particular if, as seems possible, the primary purpose of Brewer’s bankruptcy application was to try to get the vast bulk of the debts run up by the St Stephen the Great Charitable Trust discharged by a US bankruptcy court before any of its creditors could obtain a judgement against the Trust in the UK and establish whether or not Brewer is personally liable for its debts as one of its trustees, which seems possible as SPCK’s agreement to transfer its former bookshops to SSG was with the charitable trust and this was not, and still is not, an incorporated body.

As mentioned previously, if an employment tribunal or court decides that the Charitable Trust has liability, having been the employers, then the way is open for any awards of compensation for unpaid wages to be applied personally and without limitation against Brewer and the Trust’s other trustees, a prospect made all the more likely as the ‘directors’ of the fictitious SSG LLC given in the bankruptcy application are J Mark Brewer and Phillip Brewer, the same as the unincorporated St Stephen the Great Charitable Trust and not J Mark Brewer, Sandra Brewer and Ellen Brewer, the director of the incorporated, limited liability, St Stephen the Great Ltd.

Taken together all this seems to indicate that Brewer is unaware of Denis Healey’s First Law of Holes – when in one, stop digging. Not only are his overblown efforts to shut down debate by threatening bloggers fueling the growing ‘Streisand Effect‘ surrounding this issue but, on a careful reading of the judgement in Thomas vs Patten et al, its also negated his claim that this is an entirely private matter and raised the bar for a successful libel action in the US to that of proving actual malice.

Although personally an atheist, I’m certainly not ignorant of the Bible – the King James Version is one of the great works of English literature even if, like me, you consider it to be a work of fiction – and having noted that Brewer has teken to incorporating Biblical quotations in his cease and desist e-mails, I think it only appropriate that I should end this article with a quotation for Brewer to chew on.

Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding. — Bible, ‘Proverbs’ 17:28.

UPDATE

Another recipient of one of Brewer’s ceast and desist e-mails has broken cover with another interesting development. Unlike Dave Walker and Sam Norton, who received vague threats of litigation that demanded that all content relating to Brewer, SSG and SPCK should be taken down, the UK Christian Bookshops Directoty were notified of five specific pages that Brewer wants removed including, bizarrely, a page that does nothing more than ask for financial donations to help support some of the ex-SPCK employees who lost their jobs in the upheavals that followed in the wake of SSG’s efforts to impose a unilateral variation in the terms of their employment.

In Brewer’s alternate version of reality, it seems that even a bit of modest fundraising to support people who’ve lost their jobs is allegedly ‘defamatory’ even if the only use to which its been put to date was to help to cover the travel expenses of a couple of ex-employees so that they could attend an informal get together in Esher.

It’s not often that I find myself in agreement with Ruth Gledhill, but yes, there does seem to be more than a hint of the Basil Fawltys when it comes to their preferred ’style’ of management.

31
Jul
2008
22
cmts
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This may get a little weird as I’m just about to fisk someone else’s fisk, but bear with me – it’ll be worth it.

The fisk in question is Iain’s Dale’s rather piss-poor attempt at generating a bit synthetic outrage over an article by Dominic Ponsford in the Press Gazette defending Channel 4’s use of a undercover reporter in its recent Dispatches documentary ‘Cameron’s Money Men‘, over which Iain has already managed one hissy fit.

Dale: The editor of the Press Gazette, Dominic Ponsford, may wish to reconsider his ARTICLE on the dispute between the Conservatives and Channel 4 over a Dispatches Journalist joining one of their donor clubs. It is so ill informed and full of holes that it deserves a fisk.

Ooh, that there’s fighting talk – this had better be good…

Ponsford: An undercover reporter from Channel 4 has come under fire from the Conservatives after she joined a club for Tory donors as part of a Dispatches this week into party funding. She made two monthly payments of £167 to Team 2000, a club for Tory backers contributing £2,000 a year, as part of her investigations for Cameron’s Money Men – which revealed that hedge fund traders involved in the now-banned practice of short-selling were Tory backers.

Dale: It wasn’t banned at the time and why didn’t the programme also look at Labour donors who undertook the same legal activity?

Okay, short-selling wasn’t illegal at the time of the investigation and it’s only prohibited at the moment as a temporary measure to help stabilise the markets, but then the Tories links to hedge fund traders is a side-issue and one that’s only become relevant/newsworthy in itself due the recent financial crisis.

What Channel 4 were looking into, quite justifiably, was the extent to which the Tories have been exploiting loopholes and deficiencies in the current regulations to effectively conceal the identities of those picking up the tab for the party’s activities plus there’s also the question of whether anything in the operation of these donors ‘clubs’ could be construed as ‘Cash for Access’, and lets be honest here, if Channel 4 is poking around in such questions its only because the Tory’s actions over the last three years or so have served as clear invitation to go looking.

If we stick just to questions of party funding, in the last three years the Tories have…

1. Stalled on disclosing, to the Electoral Commission, the details of £5 million worth of loans made to the party in the run up to the 2005 general election, until these could be refinanced in such a way as to conceal the identity of those making the loans by repaying them money loaned from other donors.

2. Made of the facilities of the Houses of Parliament in order to raise funds for the party. Part of the original package promoted to donors buying into the Tory’s £50,000 a year ‘Leader’s Group’ included meetings/lunches with David Cameronin he House following PMQs, a practice that the Parliamentary Standards Commissioner found to be in breach of the rule of the House, necessitating an apology from Cameron. A second investigation, at the same, in the use of House dining facilities by Tory MPs and their constituency ‘Patrons’ Clubs’ ended by clearing 23 MPs of any specific wrongdoing – on the grounds this had all been going on for a long time and had become the custom and practice of the House, even if it sailed rather close to the wind when it came to written rules and regulation – but recommended that a number of changes be made to the guidance issued to MPs in relation to the use of the House dining facilities to ensure that there could be no question of them being used, in future, for fundraising purposes.

3. Had to hastily disclose large sums of money donated through the party to fund Shadow Ministers’ private offices, as its was found that this had not been correctly registered in the Members’ Register of Interests.

And that’s before we get in questions such as…

- Lord Ashcroft’s ongoing refusal to confirm, fully, whether he has lived up to the undertakings on his tax affairs he gave in 2000-1 in order to be able to become a member of the House of Lords,

- the massive under-reporting of the true value of private jet flights donated to the Tories by Lord Ashcroft,

- the questions raised by a Lib Dem peer, Lord Oakeshott, in regards to the sale of their former HQ in Smith Square, into which the Electoral Commission was reported to have ‘launched a probe’ in 2006, a probe that appears never have publicly reported its findings and, of course,

- the case of Lord Laidlaw, who gave similar undertakings to those given earlier by Lord Ashcroft, so far as his residency and tax affairs are concerned – again, in order to be permitted to be elevated to the peerage – only to fail to honour those undertakings after the peerage was granted. Laidlaw is currently on a leave of absence from the House of Lords, but continues to donate money to the Tories from his tax-exiled home in Monaco.

Now what journalist would be interested in any of that?

As for Iain’s ‘why didn’t they investigate Labour?’ whinge, that’s just the Kevin and Perry defence, isn’t it?

“IT’S NOT FAIIIIIIRRRR!”

Ponsford: The Tories claimed to the Mail on Sunday that Jenny Williams’ investigation breached election law saying: “Electoral law is a highly sensitive matter, and agents provocateurs should not be used in this way to flout the regulations.” But as we are not currently in an election – it is difficult to see what they are driving at.

Dale: Oh dear. Electoral law governs all electoral matters and donations whether there is an election on or not.

Iain’s right, electoral law does operate outside election periods…

…but that doesn’t mean that the journalist in this case actually breached electoral law in carrying out her investigations.

The key passage of PPERA 2000 here is section 54, paragraph 6, which reads as follows:

(6) Where-

(a) any person ( “the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person ( “the donor”), and

(b) the amount of that donation is more than £200,

the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.

The membership fee for the club joined by the journalist who worked this story was £167 per month, and if each payment is treated by the Tories as a separate donation (as I expect it is) then the journalist was under no legal obligation to disclose the source of the donation, although the Tories are obliged to take reasonable steps to ascertain that the donation is permissible.

It doesn’t appear that the journalist ‘flouted the regulations’ at all – she (and Channel 4) just made use of a loophole, and a pretty small one by Tory standards, to avoid disclosing that she working on an investigatory documentary.

Ponsford: And it is not clear whether Ms Williams used subterfuge, as she joined the Tory donor’s club under her own name.

Dale: Clearly she did, as she was using other people’s money.

If using someone else’s money amounts to subterfuge, where does that leave the likes of the Midland Industrial Council, which has been bank-rolling the Tory Party with other’s people’s money for years.

Why is it subterfuge when in individual donates someone else’s money to the Tories, but not when an unincorporated association or a front company that is often little more than a cash shell does it?

Ponsford: In any case the Ofcom Broadcasting Code allows journalists to go under cover where there is a public interest justification.

Dale: Not when it means breaking the law yourself.

Except that it doesn’t appear that Channel 4 or the journalist who carried out the investigation actually broke the law because the donations made to the Tories were below the £200 limit where they would have been legally obliged to declare their source to the Tories.

Ponsford: Investigating the funding of political parties would seem to provide ample public interest.

Dale: Perhaps, if she had used her own money.

Whether or not she used her own money is of no relevance to the question of whether there may be a legitimate public interest in carrying out an investigation into the funding of political parties.

Ponsford: The code also says that broadcast journalists should act with “Due Impartiality” – but in the case if Dispatches, that means fairness over the course of a series – not in one episode.

Dale: We look forward to similar programmes on Labour and the LibDems then.

And we’re back to the Kevin and Perry defence, again.

Channel 4 could conceivably commission similar programmes on Labour and the Lib Dems, although its not at all clear whether it might or might not be worth it, especially in the Lib Dems’ case where its difficult to see quite what advantages could be gained from paying for access to their parliamentary spokespersons

But whether they do or not has no bearing on the question of whether there may be a legitimate interest in carrying out an investigation into the financial affairs of the Tory Party, an investigation that would be unnecessary if the Tories were rather more open and transparent in their financial affairs and not quite so keen on making full us of every loophole the can identify in electoral law.

Ponsford: The Tories’ key gripe appears to be that they were misled because Channel 4 was the real source of the donation – not Ms Williams. This does sound rather like nitpicking.

Dale: To an ill informed journalist maybe. But it also sounds like law breaking, as Channel 4 may find to their cost.

Nope, it does sound like nitpicking, not to mention a bit of carefully contrived synthetic outrage the purpose of which is to shift attention away from the content of the programme.

And, of course, it doesn’t appear that nay law has been broken here…

Ponsford: And if the Conservatives have nothing to hide – why aren’t they just happy to take C4’s cash?

Dale: Had it been open and up front, and transparently their cash, there would have been no problem.

Had it been open and up front then the Tories would have battened down the hatches and made sure that they were on their best behaviour and there would be no investigation. What’s pissing the Tories off here is not where the money came from but the fact that Channel 4 went poking around in matters they’d much prefer to kept out of the public spotlight for fear that it might damage public perceptions of the party and, ultimately, their standing in the polls.

Ponsford: In the context of a documentary’s budget – £334 is very little money, and cash well spent if it sheds more light on a system of party funding which politicians of all colours agree is flawed.

Dale: I wonder if a journalist like Mr Ponsford will have sympathy with a politician who is found to have misdeclared £334? I doubt it very much.

I dare says Ponsford’s capacity for sympathy may be of the same order as Iain’s when Harriet Harman and Peter Hain were on the rack after being mislead over the source of donations to their deputy leadership campaigns, last November.

Pot meet Kettle, Kettle say hello to Pot.

But, the fact remains that, provided that the two subscription fees paid to the ‘Team 2000′ donors’ club are treated as separate donations of £167 each, then no law has been broken and Iain can whistle, but…

What this does all point to is yet another grey area in terms of party funding.

According to the Conservative Party website, the Tories currently operates 10 different donors’ club with subscription fee ranging from £50 per month right up £50,000 per year for membership of the ‘Leader’s Group’.

Exactly how much each of these clubs brings in a year, it’s impossible to say as these fees appear to be registered individually on a per donor basis and, in the case of all but three of these clubs, the subscription fee (if collected monthly) is low enough for these donations not to have to be registered with the Electoral Commission, and there is nothing in the Party’s last set of filed accounts to distinguish between donations solicited by these clubs and other donations to the party.

Equally, no information is given on the Tories website as to the nature of the perks on offer to those who join these clubs although, thanks to the complaint about the use of parliamentary facilities by the Leader’s Group, what we do know is that at least some of these clubs offer their member’s privileged access to senior figures within the Tory Party – it seems reasonable to infer that if members of the Leader’s Group get access to Cameron, then members of the ‘Front Bench Club’ will get some access to Shadow Ministers.

This being the case, we (meaning the electorate) have no way of knowing exactly who is funnelling money into the coffers of the Tory Party by this route, nor the extent to which they may or may not have access to Tory ministers.

The problem with this should be obvious – quid pro quo.

When Cameron was put under pressure over the Party’s stalling on revealing the identities of those lenders who had supplied the party with millions of pounds worth of funding going into the 2005 general election and its hasty refinancing of £5 million in loans to conceal the identity of a number of those who’d loaned money to the party when the disclosure was finally made, the excuse he threw in was that some of those who’d insisted that their anonymity be preserved did so for fear that it would have an [adverse] effect on their business(es) when bidding for, or carrying out, government contracts.

Now if that’s how Cameron wants to play the game then, in regards to these donor’s club the question has to be asked as to how the electorate can be sure, at the next election, that its not being asked to vote for a putative Tory government that’s already bought and paid for by a range of undeclared vested interests?

We can’t because the this system of donor’s clubs is anything but open and transparent. There are no published membership lists, no means of clearly identifying who’s making donations via this route and no information on exactly what access members’ of these clubs get to whom and in what circumstances – yet again, a political party has managed to find a way to bypass rules and regulations intended to promote transparency in party funding…

…and then they whine like crazy when journalists start poking around in order to try and shed some light on their activities.

And to finish up… well, you can’t talk about the murky world of Tory Party finances without mentioning Lord Ashcroft, the man who – so the joke goes – liked the Tory Party so much that he bought it.

Ashcroft, of course, found himself in the news and under scrutiny on the same day that Channel 4’s Dispatches documentary aired and appears to have the lawyers out on the Daily Mail, whose efforts to get away with alleging that his donations had been made ‘illegally’ (allegedly) by way of judicious use of quotation marks in their headline now return only a 404 error. Still, not to worry, the coverage given to Ashcroft by both the Daily Mirror and The Times remains firmly in place for the time being and both articles raise the same interesting questions about the last two links in Ashcroft’s financial chain, Bearwood Corporate Services Ltd, through which his donations to the Tory Party are funnelled, and Bearwood Holdings Ltd, which owns BCS.

These questions arise because of what may be yet another example of a loophole in Electoral Law.

Bearwood Holdings Ltd, which owns Bearwood Corporate Services Ltd, is listed at Companies House as a non trading company and appears, from its most recently filed set of accounts to have only one significant asset – Bearwood Corporate Services Ltd.

Now when we come to Bearwood Corporate Services Ltd, thing start to get a little interesting. According to its most recently filed set of accounts (for 2006-7) it made a loss on the year of £629,828 – so there’s very little chance that Ashcroft pays any tax via Bearwood, but where the interest really starts is when you match up Bearwood’s accounts with its donations to the Conservative Party, which for the same financial year, amounted to £59,136.75 in cash and £551,487.67 in non-cash donations, much of which was booked under research, polling and miscellaneous consultancy services. In total, that comes to £610,624.42, leaving a balance of £19,203.58 still to be accounted for in its losses.

Now, if you chuck in the rental costs of BCS’s office space, business rates, heating, lighting, accountancy fees and a bit of miscellaneous expenditure then it does take long to come up with and extra £19,000 or so to make up the numbers.

And poses an interesting question in terms of electoral law.

In order to donate money or services to a political party a company has to be trading in the UK, but can a company actually be said to be trading if the only organisation is ‘trades’ with is a political party and only then by donating services in kind to that party?

That’s one for the laywers and the electoral commission to unpick, I honestly couldn’t say for sure one way or another, but it looks like a loophole in the law to me and one that should really be closed, if what’s happening here is as it appears. If a company can ‘trade’, for the purposes of electoral law, solely on the basis that it provides services in kind to a political party then the whole purpose of restricting the right to make donations to companies trading in the UK becomes meaningless – a foreign doner could, hypothetically, set up a company, sell a political party a couple of packets of paper clips and then funnel millions into its coffers in donations. It might be legal, technically speaking, but its far from being consistent with the principles of electoral law or a course of action that could be regarded as having been taken in good faith.

It’s look as if there’s a problem here and the question is how best to fix it, and it just so happens that I have an idea.

There’s been all manner of talk about capping donations to political parties, which the Tories suggesting a maximum of £50,000 a year – which, conveniently, is exactly what they screw out of people when they join their leader’s group. Now I’m no fan of fixed donation caps, as far as I’m concerned its better not to cap donations but rather insist on greater transparency. Let the electorate see for themselves who’s funding political parties and make up their own minds as to whether that affects their voting intentions, but there’s also something to said for the idea of ‘no representation without taxation’ – if you don’t put money into the nation’s coffers, give or take a bit of latitude for genuine ex-pats, then why should you be able to fund political parties operating in the UK.

So, my idea is…

…a flexible cap on donations for individuals,  companies and incorporated associations, which is based on their annual tax liabilities. No one gets to donate more to a political party in any given year than they pay into the Exchequer in income, corporation or capital gains tax. In the case of some permissible donors, trade unions, industrial and provident societies, housing associations and some co-operative associations there may need to be a bit of jigging around to take into that these receive some forms of tax relief and additional allowances but otherwise this would only rule out charities as potential political donors, and they’re not allowed to make donations anyway under charity law, and this would solve the problem of Ashcroft’s still undisclosed tax status without him needing to disclose anything to anyone other than HMRC and the Electoral Commission, not to mention that it would force is the issue in regards to Lord Laidlaw.

But I digress, because the real point here is that if political parties are going to continually game the system and exploit loopholes in the regulations to conceal their sources of funding then its only to be expected that journalists will try to worm their way onto the inside to try to find out what’s really going on – that’s why we have a free press and why a free press plays an important role in a healthy democracy.

Whining about not being account for £334 from Channel 4 when they’ve been concealing both the source and destination of millions of pounds worth of funding for years is just rank hypocrisy on the part of the Tory Party and a clear sign of the contempt in which they hold efforts to clean up the already rickety system of regulations governing party funding in the UK.

06
Oct
2008
7
cmts
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It’s conservatives who’re making all the running in Britain’s burgeoning online political culture and leaving the left trailing in there wake, right?

No, not really – it’s just not that straightforward.

It is true that four of five most ’successful’ political blogs – measured in terms of readership – are right wing blogs; Guido, Iain Dale, Conservative Home and EU Referendum (the fifth being Mike Smithson’s ‘Political Betting‘). However, none of these blogs, with the possible (and slight) exception of Iain’s could be considered to particularly ‘mainstream’ and the relative success of each, compared to other blogs, is best explained not in terms of vague notions such as ‘influence’ but simple in terms of each having successfully grabbed a particular niche for themselves.

Guido does tabloidised insider(ish) gossip which taps into a particular, if limited, anti-politics zeitgeist.

Iain, judging by the screenshot of his Google Analytics dashboard in this post and the high number of ‘hits’ going to his homepage (86%) relative to the number going to specific posts, is generating much of his traffic because he does a reasonably comprehensive job of aggregating news and information of interest (mainly) to conservatives, to which he adds the odd bit of gossip and first-run insider material.

Both Conservative Home and EU Referendum serve as focal points for right-wing conservative ‘themes’ which were previously rather more mainstream, in terms of the general direction of the Conservative Party but which have been moved increasingly towards the fringes as Cameron has taken the party into the centre ground.

And Political Betting does pretty much what it says ‘on the tin’, collating polling data and other information of interest to inveterate gamblers and the more psephologically inclined.

To put these sites into some sort of perspective, we can look at a couple of graphs generated using Alexa, the first of which compares the ‘reach’ of Guido and Iain with that of the websites of the Spectator and New Statesman and of the worst performing website of any national daily newspaper, the Daily Express:

bloggraph.jpg

To give a little further perspective, this second graph compares the Daily Express with three of the best performing national newspapers, the Telegraph, Daily Mail and Guardian:

pressgraph.jpg

So, on a good day, Iain and Guido do get up into much the same ballpark as niche monthly political titles like the Spectator and New Statesman, traffic-wise, but barely register at all when compared to the top performing daily newspapers – and to illustrate the point even further, the spike in the Telegraph’s traffic right at the end of March, which brought it up within touching distance of the Guardian was almost entirely generated by additional US traffic from a single article, this list of the 101 most useful websites, in which the only political site listed is They Work For You.

There is, however, another side to the story of Conservatives 2.0 which bears consideration and that’s the failure of the Conservative ‘mainstream’ to make any significant inroads into the electronic frontier despite having thrown a considerable amount of time and money at various web-based projects.

You starter for ten here is that the Conservative Party’s official website generates roughly the same amount of traffic as Conservative Home, and a fair bit less traffic than either Guido or Iain.

Then there’s the sorry tale of ‘Platform 10‘ which was supposedly going to become the Cameroonie answer to Conservative Home but which would perhaps have been better named ‘Died On Its Arse’ for all the interest it seems to generate. Although the site is regularly updated, it professes to be still in ‘beta mode’ – more for lack of interest from readers than anything else one suspects – and has its own Facebook group, the last wall post on which was made last November. Its ’staff’ also seems to be more than a little inattentive as, despite posting this only last week:

I just got a spam email into my junk folder, ‘from’ “Maggy Thatcher” and promising me all sorts of delights if I bought their tablets.

Does the content tracker on gmail even work on spam?!

…no one appears to have noticed the 456 linkspam comments on this post, or the 714 linkspam comments on this one.

And then we come to the official efforts of the Conservative Party to colonise cyberspace, remembering, of course, that George Osborne considers himself the ‘Don’ of Web 2.0 and ‘Open Source Politics‘, even if his claims to have thought of all this before anyone else are nothing more than complete nonsense.

So how are the Tories doing?

Not at all well.

Remember the Tories first big push for on-line supremacy. There was, of course, the ’sort-it’ viral campaign as pitched here by D-Cam himself?

This week, we will be launching “sort-it”, an innovative and provocative internet-based campaign designed to encourage young people to think about their own social responsibilities. The first issue we have chosen is personal debt, but many more will be addressed in the months ahead, such as racism and homelessness.

I’ve had to remove the links from the quotation as the ’sort-it’ site no longer exists, in fact its signature achievement was to give John Prescott the opportunity to get away with a bit of trademark political knockabout during PMQs:

I notice from the papers and on television today that the Tories have now brought in a new person to get people to vote Tory, and I could not help noticing that the person is named, as I saw on the website, “Mr. Tosser“. I do not know which person on the Front Bench this man is modelled on, but let me tell the right hon. Gentleman that I always thought that his party was full of them, and that is why they have lost three elections.

And then there was Webcameron, for which the data from Alexa shows a two-week launch spike of about three times the traffic of Iain’s blog (as at October 2006) followed by a slow decline into relative obscurity. There are no current figures for traffic generated by Webcameron because, at some point late in 2007, the site was consolidated back into the main Conservative Party website, although Iain might have some idea of its numbers as just before it was pulled back in and its domain redirected to the official Tory site, it was pulling in about half the traffic of 18 Doughty Street during its wind down phase.

As an aside, the data for 18DS is rather interesting as, but for a short launch spike and a second spike around February/March 2007 – Iain might recall what it did to generate the additional traffic – 18DS ran at its peak at somewhere between a third and a half of the traffic his personal blog was generating.

Bringing things up to date, we’re currently a little over a month on from the launch of a £500,000 advertising campaign with all the trimmings – including a launch video produced by Matthew Vaughn, director of the film ‘Layer Cake’ – which aims to recruit ‘on-line friends’ for the Tory Party:

The Conservatives are launching a £500,000 advertising campaign to recruit online “friends” of the party.

In an echo of Radiohead’s recent album launch, there will be no fixed charge for becoming a Conservative supporter on Facebook, MySpace, iVillage or Bebo.

“People can pay as little or as much as they want to,” said shadow chancellor George Osborne in what he said was a groundbreaking move in UK politics.

So, one month on, how’s it all going?

Well, not that well, if truth be told.

Membership of the Conservative’s Facebook group is current running at just shy of 2,500, and while it has increased it membership since the launch of the current campaign by, perhaps, as much as a 1,000, it has to be acknowledged that the group, itself, was hardly a new one:

David Cameron sought to wrest the political initiative from Gordon Brown today by announcing nine Tory policy pledges in the first ever online-only advertising campaign by a political party, targeting young professionals and students on Facebook.

The advertisements are running on all the national newspaper websites, including the Guardian and the Independent, as well as Facebook and a number of popular websites. – The Guardian – 5/9/07

And that even with its increased membership, the Conservative’s group is still slightly smaller than ‘Am I the only person who doesn’t like David Cameron?’ and less than half the membership of ‘Everybody Hates Tories‘.

For the record, Labour’s Facebook group currently has a little over 3000 members on the back of no promotion whatsoever of late, while the Lib Dems Facebook presence has attracted almost 2800 members.

By way of an aside, the Guardian article cited above includes this clarification on a increasingly common theme when it comes to the Conservative Party and its activities on the electronic frontier.

The following clarification was made to this article on Thursday September 6 2007. Contrary to the claim made by the Conservative party and repeated in the article above, the advertisements are not the first online-only political campaign by one of the main parties. The Liberal Democrats have launched smaller online-only campaigns in the past.

So that’s Faceboo, but what about the other sites on which the Conservative Party launched its own networks?

Well, after Facebook, its next best effort turns out to be Bebo, which has a membership of 214 and attract comments like this one:

Woop 214 members now- And actually could i now take the opportunity to ask whether i could be made a moderator as well please; I am a strong supporter of the conservative party, especially Mrs Thatcher, and next years general election in the United Kingdom, will see our 18 year period in office returned to all its glory.

I do wonder, sometimes, whether the fetishisation of Thatcher by teenage Tories might not stem from much the same psychological processes that ensure that a 14 year old discovering rock music for the first time will invariably develop a taste for crap Norwegian Death Metal, only to develop something resembling musical taste and appreciation when they grow up. (On a personal note I’m pleased to say that my own 15 year old son managed to skip the Death Metal phase and move straight on to my collection of classic 70’s and 80’s punk, making him just about the only kid in school whose MP3 player sports the complete works of the The Clash, Bad Religion and the Dead Kennedys)

214 is something, I suppose, but not much, and with the majority of members being in the 16-22 age bracket, I doubt there’s much chance of screwing anything significant in the way of donations out of this network, but there’s come comfort for the Tories in the knowledge that Bebo ranks a pretty poor third behind MySpace and Facebook in the traffic stakes, drawing about 1% of the total amount of social networking traffic against Facebook’s 16% and MySpace’s 72% (Jan 2008 figures).

So that brings us to the current ‘daddy’ of social networking sites, MySpace – how are the Tories doing there?

Not very well at all – the current headcount for MySpace supporters is a princely 134 ‘friends’, less than a quarter of the number of members of an unofficial Tory group, which has been around since 2005 and has 589 members.

Oh dear, one month into a £500,000 campaign and the best they can do is 134 friends, including, in the grand Tory tradition of attracting celebrity endorsements you wouldn’t want to make a big deal out of, Amy Winehouse, late of the Priory Clinic. Is that better or worse than Jim Davidson? I’ll let you decide.

Oh, and before I forget – unlike the Tories who have forgotten already – there’s the little matter of the Tory’s presence on iVillage.

Now you might think that a site like iVillage, which is a kind of on-line version of Cosmo/Grazia, would be fertile ground for the Tory Party, what with Cameron’s supposed personal appeal to women voters, but if you’re looking for a link from the main Tory website to its iVillage network then forget it, the link that was there at the outset has been oh so quietly ditched after the iVillage network attracted a grand total of ONE member… a bloke from Newcastle named Jason.

So that’s £500,000 dropped on a campaign which, as a fair estimate – and without going through the tedious exercise of stripping out all the duplicate sign-ups by people who use more than one of these networks, and all the American sign-ups on Facebook that don’t appear to be ex-pats – has barely generated enough new on-line supporters to feed Iain Dale a half days traffic on a blog that costs him, what, about six quid a month for hosting a few images and perhaps the same again for the extended version of sitemeter to generate a bit of real-time statpR0n?

Yep, the Tories surely do ‘r00l’ the on-line world of politics.

Iain Dale recently posted this piece. which questions whether ’size’ really matters, and broadly-speaking, there’s little to quibble with in Iain’s remarks. For most of us bloggers, size doesn’t matter that much, which is why most of us don’t bother with the whole statpR0n thing – after all, what does any of this cost us? A fiver a month? Maybe a tenner, top whack? I’ve run MoT for the last two years on an account that’s cost me a little over £100 and which will cost a little less to renew this time around thanks to the dollar/pound exchange rate having swing a bit further in my favour.

It does, however, become a very different matter if you’re dropping thousands of pounds on an on-line marketing exercise and generating very little by way of a return and the Tories best case scenario here is that their £500,000 campaign has netted them 1,500 or so ‘new friends’ give or take the number of duplicate sign-ups, non-UK non-expat sign-ups, who can neither vote or make donations unless they have a UK registered company and, let’s not forget, the number of sign=up who were already members of the Tory Party when they signed up for one of these networks, the number of which cannot be assessed.

Ian and Guido may only be the big fishes in a relatively small political blogging pond, but compared to the efforts of the Conservative Party, and the ‘Cameroons’ in particular, both must look like ‘giants’ of the on-line world when compared to the stream of high-cost busted flushes that keep emerging from Conservative Central Office.

03
Apr
2008
6
cmts
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Without wishing to spoil anyone’s anticipation of the upcoming publication of Iain Dale’s latest guide to political blogging, I’m one of forty bloggers who has a self-penned entry in the book’s ‘Who’s Who’ section, in which I make the point that one of things that motivates my writing is a deep-seated sense of irritation with people who routinely demonstrate their inability to back up their opinions with reasoned argument, not to mention actual evidence to support their position.

People like… David Cameron, who is currently on the ‘Laura Norder’ trail and heavily pushing his ‘broken society’ canard to anyone who cares to listen, and especially to anyone who exhibits signs of my other pet hate – a congenital inability to think for themselves.

One of the running themes of Cameron’s current campaign is the much disputed suggestion that violent video games are in some unspecified manner a causal/contributory factor in violent behaviour amongst young people.

So it is that we find Cameron stating in speech given at Brize Norton, last Friday, that:

“But it’s not just about parents. It’s about our culture too…

…Movie and video game directors who push the boundaries of acceptable violence, and the regulators who meekly give in to them. You all have a responsibility. We can’t change our society unless you change your ways.

While, yesterday, the press was full of speculation that Cameron may announce some sort of ban on violent video games as part of a Tory ‘mini-manifesto’ on law and order,  following comments made on this morning’s BBC Breakfast news:

Speaking as he prepared to outline a Conservative “mini-manifesto” on law and order this afternoon, Mr Cameron criticised Labour’s “one-dimensional” approach to crime.

“We are never going to deal with crime unless we look at the broader context and say, ‘Yes, tough laws, strong action on the police, but also action to strengthen our society’.

“And that includes, I think, video games and things like that where we do need to think of the context in which people are growing up.”

In order to ‘think of the context in which people are growing up’ one needs to look at what we actually know about how video games may exert an influence on the behaviour, attitudes and values of young people and whether there is any conclusive evidence to support Cameron’s position.

So far as supporting the notion that violent video games exert a negative influence over young people, there are three main strands of argument that shape the public discourse on this subject. There is, first, the ‘common sense’ notion that ‘violence breeds violence’, simply cause and effect. Next there is the ‘evidence’ from violent incidents involving young people in which the perpetrator was found to have played violent video games. And then there is evidence from academic research in the field of adolescent development/psychology.

More astute readers will have already noted that two of these strands of ‘evidence’ are anything but rigorous or scientific in character, nevertheless it’s worth looking at all three strands, if only to dispose properly of two of them.

Starting with the idea that ‘violence breeds violence’, this what many – including Cameron one suspects – would see as the ‘common sense’ point of view, for all such a view relies on the logical fallacy of an appeal to the masses – argumentum ad populum – not to mention a modern variation on the old alchemical formulation of ‘like’ attracting, influencing or affecting ‘like’ that lies at the heart of all manner of unscientific ideas such as homoeopathy and astrology.

Common sense, in philosophy, is characteristic of epistemological particularism in which the core approach to any question is to ask, first, ‘What do we know?’ before asking ‘How do we know?’, in short its a matter of faith and belief and not evidence, logic and reason and therefore, to a rationalist like myself, an invalid basis on which to try and formulate public policy.

Arguments based on ‘evidence’ garnered from incident in which the perpetrator of a violent crime is later found to have played violent video games, for all its popularity with the press as a means of generating additional sales by way of stimulating a moral panic, are, similarly, founded on the use of a logical fallacy, specifically that of correlation implying causation in a form that leads inevitably to an infinite regress.

It’s a ‘chicken and egg’ problem. Did the perpetrator commit acts of violence because they were influenced by the content of the games they were playing? Or did their choice of violent games stem from their pre-existing capacity for and interest in violence? It’s a circular argument that cannot be definitively resolved in favour of only one of the two propositions and, therefore, again not one that can be validly advanced as a basis for formulating a rational policy in this area.

Neither argument stacks up when viewed rationally, nor do they provide anything that would approximate to ‘evidence’ at all, let alone anything that would legitimately support of Cameron’s stated position, and are, therefore, to be regarded as rhetorical arguments and discarded according.

This leaves us, naturally -and quite correctly – to consider the evidence as provided by academic research in the fields of adolescent development/psychology as the only valid basis against which Cameron’s position properly assessed – and at first glance the evidence appears fairly promising in terms of supporting his views.

Over the course of the 1980s and 90s, a string of media-fuelled moral panics around the suspected influence of, in the first instance, violence on television and film, which stemmed in the main from the growth of the market for VCRs and home videos, prompted a considerable amount of research into the possible effects that access to violent material in the home could be having on children and young people. And as the video game market developed during the mid to late 1990s and rapid technological developments in computers and games consoles enabled these games to become more and more immersive and interactive and to deliver increasingly realistic graphics and sound, researchers made the logical move from investigating the impact of a passive medium (film/TV/video) to that of this new interactive form of entertainment.

And so, by the early part of this current decade one began to see the appearance of a series of research studies into the effects of video games on young people, studies that appeared to provide evidence that supported the contention that violent video games could, and did, have a harmful impact on at least some young people to the extent that the accepted, and widely promoted, view of the American Psychological Association is that violent video games can have the following effects on children and young people:

1. They can cause young people to inappropriately resolve anxiety by externalising it in the form of violent actions rather than by talking about their feelings or expressing emotions by way of, for example, crying,

2. They fail to teach young people that actions have moral consequences and desensitise them to the real effects of violence behaviour,

3. They encourage and foster feeling of aggression and anger, and

4. They inhibit the development of effective communication and social skills.

That’s, broadly speaking, been the prevailing, if disputed, view since around 2000/2001, and the one most extensively promoted by the media, not least in the context of the growth and popularity of ‘pop psychology’ programmes and afternoon talk/discussion shows – think Oprah, Ricki Lake,Trisha, that kind of thing. Indeed, for a good example of how this particular perspective on violent video games is being pitched in the US, one needs look no further than this page on the website of Dr Phil McGraw, whose syndicated afternoon show ranks second in the industry in terms of viewing figure and, so his biography page tells us, ‘garnered the highest ratings of any new syndicated show since the launch of The Oprah Winfrey Show’.

This is all well and good, but for the fact that the research from which this evidence was taken is now getting on for 7-8 years old, and in some cases more than 10 years old when one allows for the time required to carry out the research and the time-lag between completion of a study and its publication in an appropriate journal.

Things have moved on, both technologically in terms of the capabilities of computers/game consoles and the scope and breadth of video games, particularly in terms of increasing levels of visual and auditory realism and interactivity, not just with the game but increasing, via the internet, with other players; and also in terms of our understanding of how young people respond to them.

The litany of negative effects ascribed to violent video games given above has long been subject to dispute. This paper (abstract only), from ‘American Family Physician, and published as early as 2002, concludes from a meta-analysis of 29 published studies that:

…contrary to popular impressions, little evidence supports concerns that violent video games are linked to aggressive or antisocial behavior. They caution that this topic is quite complex and not easily studied. The effect may depend on individual characteristics, including age and mood before playing the game, as well as the characteristics and complexity of the game itself. Modern, more realistic games may have very different effects than earlier versions. The authors do not regard violent video games as a significant public health concern.

Which prompted this, in many ways, remarkable ‘Editor’s note’ to be appended to the abstract:

EDITOR’S NOTE: While this article is somewhat reassuring, the pervasive nature of violent video games continues to be disturbing. Besides the direct effects on behavior, what effects do these games have on developing understandings of reality or “normality”? These questions have been raised by every generation about the recreational pastimes of young persons. Novels, films, radio, and television have all been accused of leading young people astray and inducing violent or antisocial behavior. The fuss about video games may be just another case of curmudgeons complaining–but they do differ from earlier pastimes in their reality and scope for direct participation. It will be good news if the link to violent behavior turns out to be a false alarm, but we still have to deal with the consequences of the time diverted to these games. In addition to time lost from studies and other activities, the passive nature of the games plus the link to snacking makes them prime contributors to the epidemic of obesity in young persons.–a.d.w.

It is unusual in professional journals, in the first instance, for an editor to append openly sceptical remarks to a piece of published research but even more so ones in which the editor’s commentary persists in asserting, as a matter of fact, an assumption that the paper, itself, quite clearly rebuts, i.e. the editor’s reference to ‘the direct effects on behaviour’ against the paper’s conclusion that ‘little evidence supports concerns that violent video games are linked to aggressive or antisocial behavior’.

Noticeably, the editor then seeks to ‘move the goalposts of the debate’ with the following remarks:

…what effects do these games have on developing understandings of reality or “normality”? These questions have been raised by every generation about the recreational pastimes of young persons. Novels, films, radio, and television have all been accused of leading young people astray and inducing violent or antisocial behavior.

It is palpably the case that no one has ever successfully established a clear, and generic, causal link between any of the listed recreational pastimes (novels, etc.) and violent/anti-social behaviour:

The research paper also notes clear methodological deficiencies in the published researched reviewed in the course of this study:

An extensive search of literature databases, personal contacts, and other sources identified 29 studies of this topic. The studies varied greatly in design and quality, leading the authors to conclude that a major deficiency in randomized, well-controlled studies prevents firm determinations from being reached.

Nevertheless, by the time of publication, the doubtful notion that a causal link between playing violent video games and anti-social behaviour had been established had not only passed in the public domain but had also been accepted as ‘conventional wisdom’ within psychology/psychiatry and amongst medical practitioners.

There are two other reasons for picking out this particular study from a number that have been conducted over the past 8-10 years that directly challenged the notion that there is an established causal link between violent video games and violent behaviour.

First, as the abstract points out, in the United States:

rates of adolescent violence, homicide, weapon-carrying, and other markers of antisocial behavior fell consistently during the period when violent video games became ubiquitous, more graphic, and more realistic.

Such a trend, although a matter of correlation and not an established proof, quite obviously, militates against the suggestion that violent video games cause or create a tendency towards violent behaviour in young people, which if it were true would see youth violence increasing as such games became more widely available and more realistic/immersive.

The overall trend in youth crime in the UK over the last ten years is, admittedly, a little different to that found in the US at the time of this study.

Over the last 3-5 years both the overall levels of youth crime and the numbers of offenders have remained pretty much stable, for all that both press and politicians would appear to want us to think otherwise when it suits their agendas; and for the four to five years before that, while the level of crime remain broadly static, the number of offenders actually fell (by 14% between 1998 and 2001). Recorded figures for certain types of offences, particularly offences involving violence against the person and sexual offences do show marked statistical increases over recent years, but much of this stems from changes in both the recording of data on criminal offences and, particularly in relation to sexual offences, from changes to the law introduced by the Sexual Offences Act 2003, which have put many more offences on to ‘the books’.

The relevant data, in this case, comes in part from the 2005 Offending Crime and Justice Survey which, like the British Crime Survey, tend to present a more even and balanced picture of trends in criminal activity than does data taken from the recording of reported offences by the Police.

The overall trend in youth crime in the UK over the last ten years or so has, therefore, been one in which the level of criminal activity has been broadly stable but increasingly concentrated within a core group of serious, persistent and frequent offenders who make up 30% of those young people who carry out criminal acts but account for 82% of all criminal conduct.

Again, this is not really a pattern of activity that supports the contention that a causal link exists between violent video games and violent behaviour – the most one can say is that the data here is inconclusive.

The second reason for picking out this study lies in this set of observations:

In children of middle-school age and younger, no association was found between video games and aggression in girls. In boys, studies report both increased and decreased aggression. Studies of middle- and high-school students predominately studied boys and often used self-report. Again, both calming and arousal effects were reported, and no consistent relationship was demonstrated between violent games and actual behavior. In college students and young adults, results were again mixed, but studies reporting calming effects were more common, particularly if the prior mood was hostile, angry, or aggressive.

This provides a neat bridge to a recent study, published in the Journal of Adolescent Psychology, by researchers from the Massachusetts General Hospital’s Centre for Mental Health and Media – which, in addition, is part of the Harvard University Medical School – which investigates in detail the use of video games, including M-rated games (those classified for over 17s due to their violent content) amongst Middle School children (12-14 age group), and in particular, asks those young people why they play these games and what they get out of the experience.

The findings of this study are, to say the least, interesting not least in noting how widespread access to M-rated games is amongst this age group – it reports that two-third of the boys and and a quarter of the girls included in the study had played at least on M-rated game in the preceding six month period, with ‘Grand Theft Auto’ being the most popular game amongst boys, and second most popular amongst girls behind ‘The Sims’ – GTA is, of course, based on the premise that the gamer plays out, in the first person, the role of a member of violent criminal/street gang. And yet, despite this evidence of the young people in this group having such extensive access to games of this kind, the trend in youth crime in the US continues to head downwards.

Moreover, this study reports that:

Many children are playing video games to manage their feelings, including anger and stress. Children who play violent games are more likely to play to get their anger out.

Dr Phil would probably contend that this is no real substitute for a good cry and a trip to see a therapist, but what this does appear to show is that far from stimulating the kind of externalised aggressive behaviour previously reported as evidence for violent games having a harmful impact on young people, teenagers are actually using these kind of games to manage and ameliorate feeling of stress, anger and aggression by taking out their frustrations on pixels instead of people. And to explode yet another negative characteristic previously attributed to video games, the report also notes that:

“Contrary to the stereotype of the solitary gamer with no social skills, we found that children who play M-rated games are actually more likely to play in groups – in the same room, or over the Internet,” says Cheryl K. Olson, ScD, co-director of the Center for Mental Health and Media and lead author of the study. “Boys’ friendships in particular often center around video games.”

What was once widely regarded as a solitary and anti-social activity has, with the development on online, multi-player gaming, become an important social activity amongst boys in this age group and one in which the greatest degree of social engagement is focussed on M-rated games, many of which support both competitive and team-based play.

Olsen goes on to make the point that:

“…violent game play is so common, and youth crime has actually declined, so most kids who play these games occasionally are probably doing fine,”

“We hope that this study is a first step toward reframing the debate from ‘violent games are terrible and destroying society’ to ‘what types of game content might be harmful to what types of kids, in what situations?’ We need to take a fresh look at what types of rules or policies make sense.”

In simple, and eminently sensible terms, she suggests that for the vast majority of young people, exposure to fictional violence through the medium of video games has no appreciable impact on behaviour in the real world. If anything, the evidence that shows these young people actively using such games as a means of safely releasing pent-up frustrations suggest that they may even be making some small contribution to the ongoing trend in which youth crime is falling in the US.

What see, quite correctly, notes is that such games can, in very specific circumstances, prove harmful, but that this is function of the individual circumstances of the young people who do experience such effects. Of themselves, video games do not, globally, cause violent behaviour but in some individuals they may serve to trigger a pre-existing disposition towards violent conduct or other relevant psychological condition that can produce a harmful outcome.

As evidence goes, that’s a damn good argument for parental vigilance when it comes to knowing what kind of games your child is playing and what they might be getting up to online, but not a basis for imposing a ban on the sale of violent games or for making public policy.

As it turns out, what Cameron appears to be proposing is something less than the ban on violent video games about which the press have been speculating, as is apparent from the relevant section of the Tory’s mini-manifesto:

The second aspect of popular culture which causes concern is the content of films and video games which are marketed at children and young people, or accessible to them. Extreme, casual and callous violence in a context of social indifference and moral ambiguity and in the absence of positive, counterbalancing influences from family, community and the wider culture has a coarsening effect on the ethical sensibility of young people.

We all have a responsibility to ensure a healthy culture for our children to grow up in. This includes not just the producers of films and video games, but the manufacturers of relevant hardware, and the regulators who determine age-related classifications.

A Conservative Government will review the regulatory framework relating to films and video games to ensure that violence and misogyny are not directly promoted to young people.

This should include the role of the British Board of Film Classification. Regulatory authorities must be on the side of parents, building classifications that are trustworthy. Our review will consider what regulation is practical given the wide availability of content through a variety of modern media.

Which is some considerable way short of the ban that the press have been speculating about and likely only to result in a bit of tinkering with the current classification regime and, possibly, a few curbs on the advertising of some games in publications that are aimed at, or likely to reach, a youth audience.

The key phrase in all this is that this review ‘will consider what regulation is practical’, which in the internet age amounts to ‘next to none’ unless they intend to introduce Chinese-style monitoring and fire-walling of internet usage. Tightening the classification regime could result in a small number of films/games being refused a classification certificate, prohibiting their sale in the UK, but only at the cost of adding a bit more download traffic to the torrent networks, and while the publishers of gaming magazines might wonder whether restrictions on advertising could hit their revenues, such restrictions will have no effect whatsoever on gaming websites that operate from outside the UK and, therefore, outside the reach of the UK government.

One might easily write the whole thing off as no more than a typically Cameroonian exercise in empty, gestural politics, were it not for the reference to ‘the manufacturers of relevant hardware’, who are almost certain to view this as yet another opportunity to push for the wholesale adoption of their desperately unpopular digital rights management system; which, of course, have nothing whatsoever to do with limiting young people’s access to ‘inappropriate’ material and everything to do with controlling the distribution chain in order to screw as much money out of punters as humanly possible.

That aside, this looks to be nothing more than an exercise in empty-headed, cheap moralising, as does most of this ‘mini-manifesto’, which I’ll be getting on to over the next few days.

28
Aug
2007
8
cmts
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To no one’s great surprise, the news that a survey commissioned by Julia Hobsbawn’s fledgling PR meets the professional commentarati project, Editorial Intelligence (oxymoron anyone?), has identified Polly Toynbee as the ‘columnist of choice for opinion leaders‘ (whatever the fuck one of those is when its at home) has foundered straight away on the blogosphere’s usual Scylla of derision and the Charybdis of apathy – check out what bloggers have to say on this, especially after Polly (and/or the Graun) kindly incorporated the following into her most recent missive on Comment Is Free…

Polly Toynbee has been named columnist of choice for opinion leaders in a survey commissioned for Editorial Intelligence

… and you’ll quickly find yourself with two choices of opinion: "what the fuck?" and "who gives a fuck anyway?"

Yes, its back to that hoary old chestnut of the bloggers -vs- the ‘professionals’ that seems to crop up every few weeks, most recently when Nick Robinson got a bit tetchy with Guido and Iain Dale over the Prezza’s third mistress story…

To be fair there is pretty solid difference between these two scenarios.

Despite the odd blogger having a bit of dabble in actually breaking the odd ‘news story’, the relationship between bloggers remains largely a complementary one – they (the journalists) serve up the news and we comment on it and throw in a few opinions and a bit of background research along the way. Particularly when its comes to the BBC and its efforts to remain a more of less neutral source of factual reportage, what bloggers tend to do is editorialise the Beeb’s news output; while with less neutral sources from amongst the dead tree media blogger tend to offer a different slant on stories – many different slants, in fact – in a way that tends to support or mediate against the editorial bias applied by a newspaper to the original source material.

With columnists and op-ed writers, such a La Toynbee, things are a bit different – not least because we’re both pretty much in the same line of business – opinions, the big difference being that most of us bloggers have no real expectation of being paid for out 2c worth…

…which, when you come to think about it, is all rather a problem for anyone who currently trying to make a tidy living out of being an ‘opinion former’.

If you think about it in economic terms (and at the risk of getting skinned by Tim if I get this wrong) your ‘market value’ as a so-called ‘opinion former’ rests pretty much on two things;

First, on having a big enough readership who broadly see the world the way you do, to make you opinions worth something as a reflection of the views of your readership – which, for preference, should coincide tidily with an identifiable market segment that’s of interest to whoever might be thinking of retaining your services – and…

Second, on your ability to demonstrate, or at least convey the appearance, that your opinions matter sufficiently to your readers that you can influence they way they see certain things; the whole ‘well I’d never given it much thought but Polly said ‘blah, blah, blah’ in her column the other day and I pretty much agree with her" kind of thing.

All of which, until fairly recently, should made life as an ‘opinion former’ altogether a pretty cushy number because, for the most part, it was actually pretty difficult to measure something like the ‘influence’ of a particular newspaper columnist in readily quantifiable terms. Okay, so stuff like the market segment a columnist appeals to and, broadly-speaking, their readership could be guessed at in a fairly substantive manner – things like the market profile of the readership of, say, the Guardian and ABC sales figures are pretty much known quantities. However getting usable data on how well a particular columnist goes over with their newspaper’s readership and, more to the point,. whether their have any particular impact on those of their readers is an altogether more difficult thing to assess, at least not without laying out a bit of cash for a reader’s survey.

By and large, any conclusions you might easily arrive at about the ‘value’ of a particular columnist would end up being based on what amounts to second-hand information. You might glean a few tidbits of information from the newspaper’s letter pages a day or two after a column had appears – remembering, of course, that what you see will already have been edited by the newspaper, but otherwise pretty much all you’d have to go on is a limited range of opinions, usually from people in the same industry as the ‘opinion former’ whose value you’re looking to assess…

…which is altogether a fairly cosy little set-up when one factors in what I suppose could be considered ‘professional decorum’ amongst columnists, which, with a few exceptions, tends to dictate an atmosphere in which playing the man and not the ball is very much frowned upon.

And then up pops blogging and, next thing you know teh interweb is fair groaning with opinions, many of about your self-styled opinion-forming newspaper columnists and there’s no one there to apply the blue pencil to those opinions, nor is there a widespread and cosy little sense of professional courtesy to protect them from the harsh reality of what people really think of them and their view of the world.

Suddenly its become much easier to assess the ‘market value’ of ‘opinion formers’ because you can see first-hand just exactly what people really think of them and their opinions – just pop over to somewhere like Technorati, throw a name in to the search and eh voila, there you have it, reams of information and opinion, all generated by real people and a fair bit of it rather less than gentle in its regard for reputation and professional standing.

Little wonder, then, that you get comments popping up from time to time, like this from dear old Polly Pot

As for those who hate particular writers, why on earth do you bother to read us? Isn’t life too short and blood pressure too high? God knows how many columnists there are out there: stick to the ones you enjoy. I could spend my life sending furious counter-arguments to Melanie Phillips or Richard Littlejohn – but why bother? It’s May, there’s another week to go of the Brighton festival. Get out a bit.

After all, nothing fucks with your reputation as an opinion former so much as the discovery that a shed load of people loathe your opinions – unless you dealing with someone plays it cute and figures out that they can learns as much from the way piss people off as they can from when people agree with you.

Okay, so its by no means a perfect fit scenario just yet, although there are certainly companies beginning to spring up around and about teh interweb who’ve started to figure out that there may be money to be made out of cutting out the middleman and going straight for the blogs to see what people are really saying – there’s at least one bunch of cheeky bastards from the US who tried spidering my old blog at Talk Poltics on a couple of occasions so they could trade my opinions to their clients (but then that’s where IP address blocking comes in handy) – and matching up opinions to market segments and demographics can be a bit of a Herculean task when you come up bloggers who prize their anonymity very highly…

…but you’ still have to wonder, given the general undercurrent of niggling tensions that’s existed between some members of the professional commenterati and bloggers in recent time whether some of the pros are coming to realise that the ready access to real-wolrd opinions that bloggers have to offer is really starting to piss on their opinion-forming chips.

*At this point proceedings, Unity has decided to shut up and not follow this particular of argument any further, having just had an idea that requires a serious amount of thinking about before he says anything else…

Anyway, when it comes to the news that La Toynbee is (allegedly) the daddy amongst UK-based opinion formers, I find myself firmly in the ‘go on – you’re pulling my pud aren’t you" camp, especially when one takes a bit of a look at a sample copy of ‘Insight’, Editorial Intelligence’s house ‘journal (pdf), and find them putting out seriously cringeworthy, grovelling crap like this:

Together, we also commissioned two sets of photographs taken by Paul Hackett of Reuters. The first features political commentators who were asked to nominate a politician they find particularly admirable or challenging (we didn’t ask them to confirm which) (see pages 4-7).

The result is a unique photographic study that reveals a great deal about the complex intimacy between the politicians making the headlines and the journalists analysing their every move. And then a set of lovely portraits of Peers of the Realm who, during their photoshoots, were asked to declare who they find indispensable reading among the Commentariat (see pages 10 and 11).

And then a set of lovely portraits of Peers of Realm… oh, whoopie-fucking-doo, that’s just what I’ve always wanted – although I must say I am quite taken by the photo of Lord Victor Adebowale, who’s apparently a cross-bencher and CEO of the Turning Point charity, but only because I quite like the idea that we now have a natty dread in  the House of Lords.

What a grovelling pile of mendicant old toss – not so much "Who’s Who" but "Who’s Sucking Up To Who" – I did think about writing to Editorial Intelligence to pass comment on their sample journal but I’m really not sure whether how Postman Pat is when it comes to getting a bucket of puke through their letterbox…

And if you think that’s good, what until you see what they – via Steve Moore, the founding director of Policy Unplugged – have to say about blogging…

Blogs have taken off just about everywhere except for Britain.

You what? You just haven’t been looking have you, Steve?

Maybe it’s because we have such a big choice of commentary in the media, or because people trust the BBC.

Or maybe you just haven’t been fucking looking hard enough, Steve…

Blogs are massively popular in the US and Iran.

Huh? Any particular reason for choosing Iran as an example, or did you just come across a mention of an Iranian blogger over at Harry’s Place?

Blogs are fascinating because of the interaction between people and the way that ideas connect strangers. It’s a huge unedited conversation and that’s what I find interesting. Commentators in the press are more and more restrained by their paper’s need to be competitive or to keep to a certain stance about something and so the idea of people being able to speak freely becomes more and more appealing. It’s interesting too that some commentators who write for well known newspapers have also set up their own blogs. They say things that they would never be able to say in print.

And in the next issue of ‘Insight’ – and I think EI are being just as ironic with the title of their journal as they are with the name of their business… good old British humour, eh – Steve will be giving us a Janet and John guide to porn to teh interweb which he’ll be describing as ‘a huge unedited masturbation’.

Steve also helpfully provides a list of the ‘top ten’ political blogs which goes this…

hurryupharry.bloghouse.net
adamsmith.org/blog
sluggerotoole.com
rightforscotland.blogspot.com
epolitix.com/EN/Blog
mostsincerelyfolks.blogspot.com
demosgreenhouse.co.uk
time.blogs.com/daily_dish
samizdata.net/blog
blogs.bbc.co.uk/nickrobinson

…so that’s three think-tanks and two pro journalists in his top ten, plus the Samizdata crowd, who I think most people would consider as being kind of semi-pro… and no mention for Guido, as well… Oh dear, someone’s on Guido’s shitlist if he spots this…

…not that I mind that in the slightest as, for what I can make out from the Policy Unplugged website, Steve’s main claim to fame would appear to be that he holds a tenth Dan black belt in corporate bullshit – just check this out from his company’s website.

Policy Unplugged exists to cultivate new ways of generating social and policy innovations.  

We explore topics of contemporary resonance in a unique way; through facilitated conversation.

Facilitated conversation? I think he’s talking about focus groups…

Our events are dynamic, interactive but resolutely conversation. There is no formal agenda or platform speeches (unless participants want them!), instead the content and format is agreed by the participants themselves in the weeks leading up to the meeting. 

It is all about the right people having the right conversation at the right time. When this happens, people cooperate, ideas blossom, and innovations emerge.

Yep, that’s focus groups alright and I do like that line about – the content and format is agreed by the participants themselves in the weeks leading up to the meeting – which looks a lot like ‘adn the best bit of this is that we get you do all the work".

Better still there’s their philosophy…

Policy Unplugged emerged in the course of hundreds of conversations that took place in 2004/5.

We felt that there was a compelling need to find fresh ways of discussing and formulating responses to the most important challenges of our times. Ways that were in kilter with the epoch we are living in.

Our starting point is that in facing up to challenges we should reflect on how life organises itself. Life is not driving us towards one solution.

In our view most issues facing contemporary society are so manifestly complex it is just impossible to know what the right thing to do is.

The best strategy, we argue, is to try a range of different approaches and learn from and imitate what works and abandon what doesn’t.

This is what markets do so well.

What the fuck is all this about – The best strategy, we argue, is to try a range of different approaches and learn from and imitate what works and abandon what doesn’t. – Is it just me or does that sentence look suspiciously like it says, ‘we haven’t got a fucking clue what we’re doing here but we hopw we’ll hit on something eventually’ a perception nicely reinforced by this comment on their own blog…

This week I decided that at, least for now, that social conference is the best way to describe what we do. It seems to me to be preferable to the unconference term which is being much discussed on blogs. I feel more confident than ever that a blend of new events formats and web based social tools like the one you are now reading have the potential to reanimate moribund policy making approaches.

Yeah sure, whatever you say, Steve… bit of marketing tip here before I sign off…

…try writing in English sometime, you might find it makes communicating a bit easier…

19
Jul
2006
4
cmts