Some Reflections about Thursday's 'Daily Politics'
Having been subjected to the usual grumbles that I ‘didn’t do my case any good’ etc. by standing up for myself against presenters’ attempts to close me down, I thought I’d subject my encounter with Nick Clegg on BBC-2’s ‘Daily Politics to a light-hearted analysis, mainly because it’s interesting and the iplayer means I can. Even so, watching it is a bit of an ordeal, as I hadn’t been taking my ugly pills that day, and on top of that there is often a very good close-up view taken from below, straight up my nostrils, which I would have thought was the last thing anyone would have wanted.
First let’s take a look at the little introductory film (illustrated with copious film of people apparently breaking the 1971 Misuse of Drugs Act, not to mention jokey puns about ‘weed’ and ‘high’) which set the scene for the discussion. Note, this was largely about cannabis , the decriminalisation of which Nick Clegg supports. This was the general subject I thought I had come to discuss, not the specific and contentious depenalisation of several drugs in Portugal, which the presenter seemed most anxious to discuss with me.
The reporter in the film also says that politicians risk being viewed as ‘off their heads’ if they advocated weakening the law. This isn’t true. Two House of Commons Home Affairs committees have done so, and, if anything, were praised for their supposed courage and far thinking. The Runciman Committee suggested it and were likewise widely praised.
The film says the laws have been relaxed in some places because ‘total prohibition’ ‘doesn’t work’ . Is that so? What ‘total prohibition’ was that? For many years many US states have gone easy on marijuana possession with ‘diversion programmes’ instead of criminal penalties, and/or through the legalisation of supposed ‘medical cannabis’ a transparent excuse for legalising personal possession. Or is it because of well-funded lobbying first for ‘medical marijuana’, prescribed under an extraordinarily lax procedure, and then for decriminalisation?
The reporter is (quite unconsciously) tendentious, using terms such as ‘prohibition’, the language of the legalisers. Their tactic for years has been to claim that the existing laws are oppressive in nature and oppressively enforced, and that this is the cause of the undoubted drug problems in our society. The use of the word ‘prohibition, summoning up vague and inaccurate beliefs about alcohol prohibition in the Al Capone era, is a favourite method.
By using this questionable term, suggesting an iron enforcement of laws against drugs, without qualification or analysis, the film failed to do the job an impartial programme should have done.
For example: ‘Countries like Uruguay have relaxed their laws on cannabis because they say prohibition doesn’t work’.
As far as I can discover, cannabis use in Uruguay was low before the August 2014 declaration that the state would henceforth sell it, and that small-scale private cultivation would be decriminalised. There were 120,000 estimated users in a population of 3.3 million, and 22 tons consumed a year compared to 500 tons a year in California (source LA Times 21/8/2013) before this move was made (a move, incidentally, unpopular among two thirds of Uruguayans if opinion polls are anything to go by) . The New York Times of July 29 2012 notes that ‘personal marijuana use is already decriminalised in Uruguay’, two years before the 2014 change, so it is hard to see what exactly this ‘prohibition’ was that ‘did not work’.
My old opponent Professor David Nutt . whom I once squelched on live radio on the issue of ‘criminalisation’; of users, was then shown saying (in a recorded interview): ‘Where countries have decriminalised the *possession* of drugs we’ve often seen very good health gains and the classic example is Portugal’.
Well, there are varying views of Portugal’s experiment. The claims that the supposed health benefits which followed depenalisation are the *results* of that are strongly disputed. Correlation, as I am often told by legalisers, is not causation. Nor is it, necessarily. Works both ways.
Nick Clegg’s own report, Drugs: International Comparators, acknowledges (on p.6) that:
“Much of the most relevant data in this area comes from Portugal, as its reforms were fairly recent, and data from before, during and after implementation is easily available. It is important to note, however, that Portugal made a number of changes to its approach to drugs around the same time as implementing decriminalisation, including widespread implementation of harm-reduction programmes and an increase in investment in drug treatment. It is extremely challenging to disentangle the effects of decriminalisation from the effects of these wider changes.”
Next, a Tory MP, Andrew Griffiths, was shown citing the decriminalisation of cannabis possession in Colorado, and points out that this has been followed by an apparent increase in use by the young. He seems not to know of England’s 40-year experiment in decriminalisation, or to connect our current plight with it, the simple leap from fantasy to reality that I ask all those speaking about this matter to make. He’s also a believer in addiction’. Like so many of my ‘allies’ on this topic, he’s as unaware of reality as the legalisers.
Then the editorial presumption of ‘prohibition’ and of its undesirability appears again, as the reporter asks: ‘Does prohibition make underground drugs far stronger and open a gateway to experimentation with harder drugs?’
The answer to that might well be ‘Eh?’ and ‘what prohibition?’ and ‘No’ and ‘No’, plus a rejection of the term ‘experimentation’, a euphemism for illegal drug abuse (i.e. crime) which is designed to suggest innocent enquiry and a thirst for knowledge. Believe me, these ‘experiments’ do not involve anyone taking notes or measuring the effects accurately against a placebo in a controlled double-blind test. The word is entirely unjustified and its use belittles and in my view condones law-breaking. As I sometimes say, a Corporation which relies on the threat of prosecution backed ultimately by prison to get people to pay its licence fee should surely be very keen on upholding the law.
The reporter then asks : ‘Would decriminalisation or legalisation (they’re not the same thing) mean skunk, spice and other synthetic replacements would disappear?’
To which one might reply, why on earth should it mean that? (as Professor Sir Robin Murray immediately afterwards points out that ready availability of alcohol has not led to everyone drinking weak beer, rather than spirits). There’s no reason I can think of to believe that this might be true. It’s even dafter than asking (as people once did) ‘Would opening pubs all day lead to a continental café culture in British cities?’ self-evidently laughable, and only asked so that the proposition can be advanced. But by posing it as a question, a pro-decriminalisation argument can be insinuated without openly being stated.
It’s true that for balance’s sake Robin Murray was allowed to mock this proposition, but Professor David Nutt was likewise allowed to sympathise with liberalisation. ‘Balanced’ interviewees don’t overcome tendentiousness in the presentation. Readers here will know well that I have long pointed out that it is in presentation and the control of presentation that the real power lies in broadcasting. Merely appearing is nothing like enough.
The reporter also asks, for no apparent reason, the following questions. The first expecting the answer: no; and the second expecting the answer: yes.
‘Do people who are criminalised want to seek help? Does someone with a criminal record for smoking something arguably less dangerous in moderation than alcohol find themselves marginalised?’
These are assertions crammed with unwarranted presuppositions, dressed up as questions.
Again, I regard this as wholly loaded. People who buy and possess illegal drugs are not passively ‘criminalised’ by a cruel despotism. This is a state of laws in which the laws are, by and large, clearly stated and well-known, and not applied retroactively. People who voluntarily break such laws are not ‘criminalised’ by anyone. They actively ‘criminalise’ themselves by consciously and deliberately breaking the known law which in most cases has existed since before they were born. To ‘criminalise’ someone or something you would have to declare something they already did legally to be illegal. Also there’s the ‘arguably less dangerous than alcohol’ claim. It may be ‘arguable’ (the alleged flatness of the Earth is ‘arguable’ if you want to try) but it is not objectively established, nor could it be by any measure known to me, and many people would argue that it was not so, given the growing correlation between cannabis use and mental illness. In any case it is not the reporter’s job to argue it. So why was this redundant passage not struck out by the editor, charged with ensuring impartiality on questions of controversy?
An editor who was truly concerned to be impartial on the subject would in fact have excised all these passages from the script of this pre-recorded item.
Then we begin the actual discussion. Mr Clegg is asked by the presenter, Jo Coburn: ‘Were you very disappointed?’ with the outcome of a UN meeting which rejected attempts to relax international law on drugs.
This is an odd starting point. Who cares about his feelings? Surely we should want to know what exactly he had desired and why he had desired it.
I also noted that his silly claim about ‘Asian countries that want to chop people’s hands off if they touch drugs’ went unchallenged. Do they? Which countries? This isn’t the language of a former Cabinet Minister and Privy Councillor. Ms Coburn also asks Mr Clegg about the UN summit as if liberalisation would have been an achievement. Surely an impartial programme would have accepted that either outcome – Mr Clegg’s reform or its defeat – would have been an achievement. I certainly regard the defeat of the liberalisers as an achievement. Thus an impartial account could not say that nothing had been achieved.
Ms Coburn used these words in her opening question to me : ‘Do you accept that, because there are these polarised positions, as Nick Clegg has just outlined, it’s very difficult then to look at what some people would argue as the sensible view of decriminalising some drugs in order to reduce the number of people who are actually becoming addicted to harder drugs?’
It may be noticeable from my thunderstruck and weary tone of voice that I couldn’t quite believe I had been asked such a question. What was she on about?
What does it matter what I accept? What is this about ‘some people’ and a ‘sensible’ view? In a Wikipedia entry such words would quickly (and rightly) attract a tag saying ‘weasel words’. Who exactly thinks it’s the sensible view? Give names and references. Who doesn’t? *Why do these words even form part of the question?* And what does she mean by ‘polarised’? There’s a difference of opinion on this. She appears to suggest that ‘polarisation’ (which has a faintly pejorative whiff, to me) is a bad thing, preventing us from ‘looking at’ what ‘some people’ would regard as the ‘sensible view’. But we can look at it. We do look at it all the time. What the division of opinion prevents is the *acceptance* not the examination, of the supposedly ‘sensible’ point of view. Why on earth is it ‘difficult’ to look at the pro-decriminalisation view? Most public and broadcast debates on drugs discuss almost nothing else but decriminalisation and its alleged benefits. What are the words ‘what some people would regard as the sensible view of’ even doing in this formulation? Which people? Some wouldn’t regard it as sensible. The fact that some *would* regard it as sensible doesn’t make it so, and an impartial broadcaster has no business choosing between those who would and those who wouldn’t. Why not just ask me what my view was of Mr Clegg’s position?
If she was being (the old excuse ) a ‘devil’s advocate’, I didn’t notice much devilish advocacy directed towards Mr Clegg. It wasn’t put to him (by the impartial BBC) that some people would say that decriminalisation was an irresponsible risk How on earth would decriminalising ‘some drugs’ (presumably cannabis) reduce the number of people taking supposedly ‘harder’ drugs.(she says they’re ‘addicted’, but let’s leave that to one side). It is a mass of ill-informed presuppositions including the contentious ideas that there are ‘soft’ and ‘hard’ illegal drugs, that making drugs easier to buy and possess will reduce the use of drugs, that drug abuse does not involve wilful crime, Why does an impartial BBC presenter use these formulations?
Then Ms Coburn says to me: ‘In your view, Peter Hitchens, there has been a sort of de facto decriminalisation.’. I don’t think she uses the words ‘in your view’ to address or sum up any of Mr Clegg’s statements or assertions. Nor did she say that the statements she made about Portugal were made in anyone’s ‘view’(though in my view they very much were). So why did she need to categorise my points (all of which are objectively checkable documented historical facts, and which Mr Clegg himself went on to concede as accurate) were ‘my view’.
At 36:10 she said, even more amazingly ‘You can argue for decriminalisation and we will cite statistics from countries like Portugal that have actually shown you can then remove the barriers to help addicts’…
This extraordinarily contentious statement was the preface to a question about the links between cannabis and mental illness (which Mr Clegg avoided without interruption or correction by switching the subject to drug-related fatalities)
And then back we went to Portugal, favourite subject of the legalisers,
After Mr Clegg’s amazing admission of de facto decriminalisation (obtained by my questioning of the former Liberal leader) we suddenly turn out to have run out of time (at 39 minutes 29 seconds – the item actually ended nearly two minutes later, most of that time occupied by Mr Clegg).
There, now, wasn’t that fun? And yet some viewers attacked me for daring to be interrupted while I was speaking. So rude of me.