Connect with us

Features

Rolling out holistic solution to perennial problem of laws’ delays

Published

on

Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Role of identity in the making and breaking of West Asian peace

Published

on

Negotiators at the Pakistani-negotiated preliminary peace talks. BBC

The West Asian peace effort continues waveringly amid uncertainties. The world could be considered as having ‘some breathing space’ currently in this tangled situation on account of a dip in oil prices but whether such relief would be of a long term nature is left to be seen.

Meanwhile, some vital ‘details’ in the peace process are continuing to hobble it. One such factor is the nuclear issue. While US President Donald Trump is on record that Iran’s purported nuclear programme from now on will be monitored by the International Atomic Energy Agency (IAEA), this assertion is being denied by the Iranian authorities who indicate that Iran will be coming under no such regime. That is, Iran will be answerable to no one with regard to its legitimate right to defend itself.

Accordingly, an early closure to the nuclear question could not be expected and the furthering of peace in the region hinges on the principal sides being of one mind on the issue. Moreover, toll-free shipping through the Strait of Hormuz is proving to be a bone of contention between the warring sides.

However, perhaps going largely unnoticed in the Middle East region are identity questions of considerable magnitude that have stood in the way of the region making some headway towards a peace settlement and which would continue to undermine such a process going forward. Identity, or a group’s self conception, is by far the most intractable of the factors in the conflict and the main sides would do well to manage it effectively before long.

US Vice President J.D. Vance, as pointed out in this column last week, fired one of the first salvos in this regard in the current peace effort. He reportedly said: ‘Regional peace and stability includes stopping the funding of “terrorist organizations” .’ He probably had in mind the Hezbollah organization which is funded and armed by Iran but, needless to say, the latter would reject this statement out of hand because it does not see the Hezbollah as terroristic in orientation.

Accordingly, the tangled issue of ‘who is a terrorist?’ would recur to hamper the West Asian peace bid. An important corollary to this matter is that Middle Eastern militants would be branding US administrations as terroristic considering the humanly costly military interventions undertaken by the latter over the decades in the world’s war zones.

It is difficult to see the main sides taking up the issue of terror and arriving at a common understanding on the problem over the next couple of months in their peace deliberations but the unresolved question could be expected to be the proverbial ‘elephant in the room’ that could even wear the sides down. Accordingly, ‘quick fixes’ to the Middle East imbroglio would need to be ruled out.

However, paring down terror to its essentials, it needs to be found that in contemporary times it is identity and issues growing out of it that keep the question alive and render it intractable. In fact the problem should be seen as igniting and sustaining a multiplicity of conflicts world wide.

So pervasive are identity questions that they are seen by some as having played a role in leading to the recent resignation of Keir Starmer as UK Prime Minister. Among other things, the latter is seen as having been incapable of managing migration related issues besides falling short in strengthening domestic social cohesion.

Identity issues came to a head in the UK in the form of the recent anti-immigrant riots in Northern Ireland. Clearly, some immigrants continue to be seen as aliens and parasitic in nature in some parts of the UK by jingoistic elements. Thus is ignited anti-foreigner violence.

That said, some of the most laudable measures for the promotion of peaceful race relations are found in the UK today. The latter’s race relations legislation could be seen as constituting a model for the rest of the world and needs to be studied and adopted by particularly the global South where identity conflicts are rampant.

Unfortunately, racial amity is not being considered a priority by the Trump administration. Under the latter immigrants are being seen by supremacist whites as the archetypal ‘Other’ who should be violently shunned. Accordingly, social cohesion in the US too is being steadily undermined and stepped-up race hate in the country shouldn’t come as a surprise.

In the West Asian region, archetypal ‘Othering’ could prove particularly pernicious and destructive. It could lead to the unraveling of the current peace talks between the adversaries and needs to be addressed by them if the negotiations are to prove productive.

For far too long the West and Israel have been viewed as archetypal enemies by Iran and its supporters. On the other hand, Palestinian militants have been habitually seen by the Far Right in the US and by hard line Israelis as sworn enemies who are best eliminated. These seemingly unresolvable divides in the Middle East could bring down the present negotiatory process.

Even if the present round of mediated negotiations between the US and Iran lead to a substantive cessation of hostilities in West Asia, the divisive mindsets of the prime antagonists, that is, the US and its ally Israel on the one side and Iran and its supportive militant groups on the other, would need to be changed for the better if enduring peace is to be given a chance. That is, mindsets would need to be transformed on both sides of the divide from mutual hostility to mutual amicability. No doubt, a long-gestation process.

It cannot be stressed enough that those mediating in this long-running conflict, themselves need to approach peace-making with unbiased minds. It needs to be realized, for example, that Israel too has been ‘hurting’ badly in this conflict over the decades to the degree to which the Palestinian side has been victimized cruelly, dispossessed and divested of dignity.

Any negotiated peaceful settlement should seek to address this persistent mindset malaise as well and turn enmity into amicability. An equitable solution that addresses the lingering grievances of both sides could lay the basis for this process of ‘Turning Spears into Ploughshares.’

‘Land and Bread’ have been at the heart of the Middle East conflict over the decades or even centuries. An equitable solution should provide these assets in equal measure for both sides. There is no getting away from the ‘Two State Solution’.

Continue Reading

Features

Central bankers live on Short End Street; Economic planners live on Long End Street

Published

on

Long End Street is not a summation of Short End Streets. Eighteen short-term crises and no long-term growth in sight!

For quite some time, there has been no agency of government dealing with long-term economic and social policy questions. Nor have universities been of any help. There has been a National Planning Department in the Ministry of Finance but we have not seen any worthwhile reports from them. M. D. H. Jayawardena, in 1956, presented in Parliament the Six-Year Programme of Investment. Soloman Bandaranaike established a National Planning Council and a Planning Department, with Princy Siriwardena as its Director. They wrote the Ten-Year Plan, better known for its readability than its depth of analysis or policy content. Ten years or so later Dudley Senanayake established a Ministry of Planning and Employment with Gamani Corea (later of high international repute) as its Permanent Secretary. The Ministry was responsible for some useful analytical work and the development of a bureaucracy responsible for plan implementation. The latter was the work of a brilliant member of the Ceylon Civil Service, Godfrey Gunatilleke, who also worked in the Ministry. The major pre-occupation of the Ministry turned out to be the annual government budget and the management of direly scarce foreign exchange, all short term considerations. They set up a bureaucratic mechanism to evaluate capital expenditure in the government budget. The Ministry won plaudits for its Foreign Exchange Budget, some analytical wok on the economy, including population projections as well as education, in both schools and universities. As the 1970s wore on, planning earned a bad press and the new government of 1971 disbanded most of that and created a Department of National Planning in the Ministry of Finance, which survives to date.

A part of the purpose of this narrative has been to bring out that, all along, government has had no outfit of economists and sociologists whose job was to study long term changes in our society and the economy and in the rest of the world and propose solutions for consideration by governments. (A brilliant exception was the work on education, that was directed by Jinapala Alles, who had graduated in chemistry and was a fast learner and was at great ease with numbers. He was also an effortless leader of a small team of self-selected competent and enthusiastic public servants.) The government depended on the Central Bank for advice on long term development of the economy. Princy Siriwardena was seconded for service in the Planning Secretariat; similarly, Gamani Corea was from the Bank. Later, he was replaced with H.A.de S. Gunasekera, likely the most brilliant economics teacher in the University of Ceylon. He taught monetary economics, essentially short term. (His favourite economist Keynes famously wrote, “In the long run we are all dead”.)

When the Ministry of Planning and Employment was established in 1965, government plundered the Central Bank to staff it: Gamani Corea, R. M. Seneviratne, N. Ramachandran, Nihal Kappagoda and G. Usvatte-aratchi. Later, W. M. Tillekeratne and A. S. Jayawardena both long term employees of the Central Bank, were appointed as the chief economist of government. Jayawardena still later became the Governor of the Bank. Several other employees of the Bank, including J. B. Kelegama, P. B. Karandawela, P. B. Jayasundera worked at high levels in successive governments and that practice continued when Mahinda Siriwardena became the Secretary to the Ministry of Finance when Anura Dissanayake became the Minister of Finance. It is mysterious that the government saw no need for specialist advisers who would identify long term economic and social problems and solutions therefor, look out for markets and technology and warn of impending pitfalls, in contrast to our mighty neighbour which had a Planning Commission that handled long term problems and a Central Bank which had learnt to handle masterly, monetary problems.

Pitambar Pant, Montek Singh Ahluwalia, Manmohan Singh, I. G. Patel and Raghu Ram Rajan were most distinguished economics policymakers and central bankers. Japan benefited greatly from the work of MITI. So did Korea from its counterpart. This is not to argue that had there been an outfit of that sort, Sri Lanka would now be rich but to warn that the Central Bank is neither equipped nor fit to fight those battles. If you scan the Central Bank Act of 2023, you will find stabilisation the most frequently recurring theme. Clause 6 reads ‘The primary object (objective?) of the Central Bank shall be to achieve and maintain domestic price stability.’ The most generous reading that the Bank may have anything to do with economic development is in Clause 6 (4) ‘In pursuing the primary object (objective?), the Central Bank shall take into account, inter alia, the stabilisation of output towards its potential level.’ Lawyers may have a field day with that and economists may beg for its meaning.

Amarananda Jayawardena was the last Governor of the Central Bank who had understood that the central bank was equipped to handle short term problems and that not always valiantly, and that it had neither the tools nor the resources to plan and engineer long term development. As Governor, he did not speak for the government on long term economic and social problems, although prior to assuming duties as Governor of the Bank, he had been the chief economist of the government. Jayawardena knew all too well the nature of the tools and the resources he had and how far he could confidently aim and shoot. It was simply silly to produce a Five-year Road Map (no matter how colourful the accompanying graphics), when a central bank mainly used transactions in the short-term financial assets market to move interest rates and the demand for money. The Bank of England, for most of the 20th century, used Commercial Paper with two ‘good names’ at its Discount Window. Short-term and long-term rates of interest, normally, behave in a predictable relationship, although occasionally, and in volatile times, that relationship may become inverted. (I am not well read on recent Fed and the Riks Bank market operations.)

The economists at the Central Bank are experts in monetary policy and are rarely knowledgeable about economic growth. An exception was S. B. D. de Silva and he found writing a half page note to the Centra Bank Bulletin (monthly) stultifying. He left the Bank quite young and continued studying economics until the very end of his life. As undergraduates they may have read on economic growth and development but as professionals in the central bank, it is unlikely that they kept working on problems in that area. They may also have learned, some time, that there has been no central bank credited with spearheading economic development in any country. Therefore, to pretend that they can advise the government on economic planning, is a hobby which they would be wise to desist from.

We did a splendid job of saving our new born children and their mothers as indicated in low infant mortality and maternal mortality rates. We scored an even more resounding victory in educating all our children. If we have any claim to any civilizing missions in the 20th century, these two stand out. Beside them, we have been mostly failures. The economy has advanced only laggardly. It has miserably failed to exploit excellent opportunities to sell in burgeoning markets, output employing a healthy and educated labour force. Japan, South Korea, China, Vietnam, south India, Ethiopia, Rwanda and several other countries, all (except Japan) late comers to the game compared to Sri Lanka, succeeded in doing just that. It is wrong to blame governments alone for poor economic growth, as many do. Most economic activity in this country is run by the private sector and leaders there have made poor use of opportunities.

When ministers of government and its employers collect bribes, private sector persons pay bribes. The markedly rapid economic growth in Andhra Pradesh, Telangana, Karnataka, Tamil Nadu and Keralam and poor growth in Madhya Pradesh, Uttar Pradesh, Bihar and many others in the north east are under the same central government dispensation, sharply pointing to differences in the quality of business leadership in the two groups. ‘Big business’ here run betting shops, supermarkets, hospitals, import and market household equipment, banks and insurance companies and, most ambitiously maintain construction companies. (In the widely watched IPL cricket matches 2026, Sri Lanka advertised regularly a Betting Centre!) Tourism in this country is the business of small-scale enterprises with low productivity. The ubiquitous kade with a stock-in-trade of less than one hundred thousand rupees, borrowed from a relative or a friend, is a sign of rampant unemployment and not of budding entrepreneurship. When you go to consult a doctor in a private hospital in Colombo and wait endless hours, count the number of men and women employees idling, supervised by a proportionately large number of idling supervisors. Where are the large-scale manufacturing and service companies, selling the world over, where economies of scale abound in the 21st century? So far as I recall, there has been no Initial Public Offering (IPO) of shares in the Colombo Stock Market during the last 7 years. Nor have multinational companies established here any large factories or offices.

Is the air we breathe deathly to enterprise?

by Usvatte-aratchi

Continue Reading

Features

A Requiem for Keir Starmer rule

Published

on

Starmer

By the time Sir Keir Rodney Starmer resigned, polls showed that he had become the least popular Labour Prime Minister in living memory. His fall was all the more striking because his political beginnings had once suggested a very different trajectory. As a teenager in the Labour Party Young Socialists, and later as editor of the Marxist journal Socialist Alternatives, he had stood firmly on the radical left. As a human rights lawyer he opposed the illegal invasion of Iraq, earning a reputation for principle and moral clarity.

It was this early radicalism that his supporters later weaponised, presenting him as a unifying leftwing figure in the aftermath of the coup against the Labour Party leader Jeremy Corbyn. The right-wing of Labour, having spent years undermining Corbyn (including through a coordinated campaign that framed him, falsely, as anti-Semitic) found in Starmer a vessel through which they could reclaim the party while reassuring the membership that continuity with the Corbyn surge remained intact.

In his resignation speech, Starmer claimed to have inherited a politically, morally and financially bankrupt Labour Party. Yet the record shows that Corbyn had revived the party’s grassroots, drawing tens of thousands of new members back to a party embodying the tradition of Keir Hardie. The oligarchy closed ranks against this leftist heavyweight, using Starmer and the Labour right wing as their weapon. Starmer’s “Changed Labour” was not a renewal but a repudiation, embracing the very Thatcherite revisionism that had hollowed Labour out in the first place.

A Britain battered by decades of neoliberal restructuring formed the backdrop to Starmer’s rise. The cumulative effects of Maggie “milk-snatcher” Thatcher’s programme, deepened by Blair, Cameron, May, and Johnson, combined with the convulsions of Brexit to produce a profound economic, social, and political crisis. The Conservative Party imploded under the weight of its own contradictions. Starmer, offering managerial calm, an a Corbyn-lite manifesto, rode the wave of Tory collapse to a landslide victory.

But once in office, he revealed himself as a Blairite in sombre tones: a Thatcherite in Labour clothing. Within weeks he slashed winter fuel payments for pensioners, inaugurating a harsh antiworkingclass agenda. He embraced the Israeli government even as it carried out genocide in Gaza. The former human rights lawyer now used antiterror legislation to suppress dissent, particularly protests against the genocide. His immigration rhetoric, invoking an “island of strangers,” echoed the poisonous cadences of Enoch Powell.

Throughout his premiership he remained pofaced, showing little emotion even when forced into humiliating Uturns by public outrage. He displayed no visible sorrow at the mass killing of children in Gaza. Only at the prospect of losing office did he appear moved. He was, in the words of Saki, a man with “the soul of a meringue,” a mediocrity whose obedience to the oligarchic class and to Zionist backers embodied what Hannah Arendt called the banality of evil. His legacy – and that of the Tories who preceded him – is a nation distrustful of politicians of whatever hue, open to the pseudo-anti-elite, deception of the billionaire-backed racist far-right

His resignation leaves Britain at a crossroads – will it follow the fascistic path of Nigel Farage’s Reform Party, or will it go down the green-red road of Zach Polanski and Corbyn? Even replacing Starmer with the newly-elected Andy Burnham will only provide more-of-the-same Tory policies – Burnham went on record saying his first foreign visit as Prime Minister would be to Israel. These are the same policies that created a visceral hatred of Starmer and opened the gates for Reform’s surge.

When news of his resignation broke, a friend told this writer that the one who had engineered the exit of Jeremy Corbyn had been unable to complete two years in office. He added, ‘Rajakam kalath kalakam palade”-– even if you reign, your deeds will bear consequences.

And, so ends the Starmer era, not with the dignity of a statesman, but with the hollow thud of a project built on betrayal, opportunism, and the abandonment of the very principles he once claimed to uphold.

by Vinod Moonesinghe

Continue Reading

Trending