Showing posts with label politics. Show all posts
Showing posts with label politics. Show all posts

10 July 2007

New Principles For Marriages and Partnerships (Part Two)

2 Civil partnerships (gay and straight)

If civil marriages were redefined and reformed in the manner outlined in part one of this essay, then there would be a corresponding need to revise the thinking and legislation regarding civil partnerships. This would be the case for a number of reasons:

  1. As marriages, under my proposed set up, would be more strict in terms of the legal and social obligations placed upon them, this could leave a vacuum, whereby the looser commitments many people make today when getting married would no longer have any formal framework within which they could be expressed.

  2. As my proposals involve extending civil marriage to gay persons, it would be necessary to at least redefine the current rules relating to gay civil partnerships. If civil partnerships were retained, with or without a modification to the rules governing them, then it would be illogical if not discriminatory to limit them to gay couples.

  3. Many people have already argued in favour of some form of official recognition of extra-marital straight relationships as a means of protecting the legal rights of those involved, and providing some means to celebrate and recognise those relationships that does not involve marriage. The current blog entry represents a proposal for precisely this sort of arrangement.



2.0 Guiding principles

2.0.1 Recognition of an existing status, not the start of a new one

Under my proposals, there would be a fundamental difference between a marriage (civil or religious) and a civil partnership. The beginning of a marriage would represent the start of a new condition of life: a new legal status pertaining to the relationship between spouses; formally becoming part of a new family; taking on rights and responsibilities towards the marriage partner and his / her extended family. A civil partnership, on the other hand, would be primarily the way in which society recognised the existence of a relationship outside of marriage, and conferred certain rights and responsibilities upon the individuals involved that were not identical to, or as extensive as, those of a marriage.

2.0.2 Table illustrating the differences and similarities, under my proposals, between marriages (gay and straight) and registered partnerships:



Marriages

Partnerships

1) While the actual sexual relationship is not inherently expected to be permanent and exclusive, there is an expectation of a life-long emotional and practical commitment to the spouse and his / her family

1) Neither the sexual relationship nor the emotional / practical commitment are inherently expected to be life-long. However, a registered partnership is still a serious social and moral statement of intent to care for one's partner and his / her dependants

2) A marriage is deemed to establish a permanent relationship between the spouses and their respective families: one doesn't just marry a husband or wife but marries into their whole family

2) A registered partnership is not deemed to establish extended family relationships other than those of genetic relatedness or those recognised by social convention. For instance, one's gay son's registered partner is not formally one's son-in-law, as his husband would be; but one is of course entitled to call him such. The establishment of a partnership would, however, confer the status of 'next of kin' on one's partner, unless this was explicitly rejected by mutual consent

3) There is a formal and enforceable process for dissolving marriages and for ensuring that the legal obligations of care for one's spouse, which one entered into on marrying them, continue to be fulfilled (albeit in a modified form) after the marriage

3) There is no formally prescribed process for dissolving registered partnerships, although best-practice recommendations are made about counselling and reconciliation services that are available. The process for determining the partners' financial and practical obligations towards one another and their dependants after the partnership has ended (which clearly would need to be worked out in much more detail than is presented here) is much more streamlined, with fewer possibilities for arbitration and appeal

4) The rights, needs and justifiable expectations of each spouse and of dependants, particularly children, are all given equal consideration in the event of a divorce. There is no inherent presumption of guilt for the marriage break down, and no automatic linkage of blame for this to the divorce settlement. This would be carried out purely on a basis of need, proportionality and justice – to be determined on the merits of each case

4) The rights, needs and justifiable expectations of all involved are also taken into consideration in the event of a partnership break up. However, there are fewer safeguards in place to ensure an equitable settlement: i.e. there is nothing such as a 'Statement of Expectations and Intentions' (a recommended formal document for before and after a marriage) or pro nuptial agreement to set the parameters, unless the partners informally agree to one. Similarly, the arbitration and settlement process is much more rudimentary: there is more of a straightforward equation, for instance, along the lines of 'father pays maintenance, inflation-linked, of £ x in exchange for y amount of access to the children whose custody is awarded to the mother'. There would also be fewer resources and tools made available for enforcing such decisions, meaning that abuses would inevitably arise

5) The tax and benefits system would be used to the advantage of married couples, especially those with children, in order to provide an extra incentive for married persons to stay together. The UK Conservative Party's proposals on marriage, published today (9 July), are compatible with this suggestion.

5) The assistance provided to registered partners and their families by the tax and benefits system would be awarded on a strict basis of needs, e.g. in line with the government's policies on reducing child poverty. There would not be any additional premium or separate benefits / tax breaks as there would be for married couples.



2.0.3 Prioritising marriage but dignifying partnerships

The purpose of the benefits and tax measures outlined in point No. 5 in the table above would not be to privilege marriage unfairly over unmarried, registered partnerships. They are merely intended as an additional incentive for people to take the decision to get married and to stay married, given the immense social benefit to be gained from stable marriages and families. On the contrary, by creating an additional official legal status for unmarried partnerships, it would be intended to support and affirm these relationships and the important role they play within society and families.

It is often argued that giving unmarried partnerships a status equivalent or similar to that of marriage would only serve to undermine the institution of marriage. My proposals address this criticism by greatly reinforcing marriage; by giving it a new and clearly defined status within society and families; and by establishing stricter, enforceable rights and responsibilities for married and divorced persons.

Precisely because of this more rigorous marriage regime, there would be many couples who might otherwise have got married who would no longer be willing or able to marry, for one reason or another: problems with emotional commitment generally; fear or rejection of the obligations entailed; reluctance to consider themselves part of their spouse's family; family objections; etc. The new 'registered partnership' framework provides an alternative official recognition of such relationships; and it also provides a framework of civic law to support pre-existing relationships of this sort that have hitherto given rise to de facto legal loopholes whereby parents have been able to evade their financial and moral responsibilities for children, for instance, or inheritance and tax rights have not been recognised.

06 July 2007

Control Orders: A Better Alternative

The trouble with Control Orders - the UK security measure whereby terror suspects against whom a conventional legal case cannot easily be built can effectively be placed under indefinite house arrest - is that in practice they embody a presumption of guilt. This is in contrast to the long-established British legal convention that a suspect is to be considered innocent until proven guilty. Yesterday, the government launched an appeal to the House of Lords against a legal ruling previously obtained by six Iraqi Control-Order detainees that their detention violated their rights to liberty and a fair trial.

As in all such cases, it is important to try to strike a balance between the legal and human rights of suspects, and the right of the public to be protected against potential murderers. But the de facto presumption of guilt is clear: if the police who press for a particular suspect to be controlled did not think that the evidence they had gathered strongly suggested the person in question was a terrorist, then there would be no point in the measures - other than the exercise of political coercion to try to intimidate radical groups and individuals into behaving in a more moderate manner. But while a sense of injustice persists about the way in which suspects’ guilt is accepted by the judges who ratify Control Orders, so the suspicion that these measures are just such a coercive political measure will linger, to the detriment of the so-called battle to win hearts and minds.

There is an alternative that would bring more fairness back into the legal process surrounding suspects of this sort. If indeed there is a presumption of guilt, why not formalise this and say that it is then down to the suspect to demonstrate his or her innocence through a fair, open judicial proceeding? The suspect would have the right to know on what basis their guilt was being presumed and could appoint a legal team to build a case in their defence. The issue could then be decided in an adversarial manner just like any other case (albeit that, for security purposes, this might not involve a jury). The difference from the assumption of innocence would be that if, on the balance of evidence, it was not conclusive whether the individual either was or was not a terrorist, the Control Order or other restrictive measure would remain in place - subject to fairly regular (e.g. six-monthly or annual) review. If the verdict was guilty, however, this would enable the suspect to be imprisoned, thus doing away with the anomalous legal no-man’s land of the current system. And obviously, a not-guilty verdict would allow the individuals affected to regain their rightful liberty.

Clearly, there are potential pitfalls behind this idea, and legal safeguards protecting both the rights of the individual and the prerogatives of the state would need to be put in place. The main issue would be whether society would be able to accept a derogation from the presumption of innocence and would be able to overcome concerns that this would lead to further erosion of this basic right. But under the present set up, the presumption of innocence is in fact not working either to protect the rights of suspects or the state’s duty of protection. It’s because the formal process of law demands that the accused be presumed innocent until proven guilty that the case against them can’t be taken to court and the suspects are left in a legal limbo. And because a democratic state can’t arbitrarily impose imprisonment without trial, it has had to come up with the Control Order compromise; but this is not secure, as recent evasions have demonstrated - so society is not being protected.

The limited admission of a formal presumption of guilt that I am advocating would recognise the realities of fighting terrorism, which are that absolute guilt is sometimes impossible to prove beyond all reasonable doubt and that therefore guilt is having to be presumed in certain cases. And, at the same time, this would allow suspects to be given a fair hearing and chance to exonerate themselves if indeed they are without blame. And this would also defuse the charge made in some quarters that Control Orders are politically motivated and are placing the legal system at the service of an oppressive, anti-Islamic state.




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06 June 2007

National 'Britain Day': Inventing Britain For the 21st Century (Part Eight)


They were at it again on Monday: Communities Secretary Ruth Kelly and Immigration Minister Liam Byrne called, among other things, for a national 'Britain Day' (our equivalent of Australia Day or America's July 4th) as part of the drive to promote a stronger sense of Britishness – what the ministers called Britain's 'citizenship revolution'.

Anyone who has read any of my previous blog entries sub-titled 'Inventing Britain For the 21st Century' will know that I am extremely sceptical about such 'Britology': essentially, the politically driven attempt to define core British values which – it is assumed or argued – will provide a framework for the people of the UK to become more culturally integrated and socially united.

For now, let me just pose a few questions (with some possible answers) and raise a few points concerning this agenda:

  1. What date shall we have this 'Britain Day' on, then? Possible candidates: VE Day – a true celebration of a triumphant Britain having defended its values of freedom and tolerance (no, too historically and ethnically narrow); Trafalgar Day (are you kidding?); a date commemorating the end of the Battle of Britain (again, too militaristic and backward-looking); 1 May, which apart from being a traditional English feast associated with Morris Dancing, maypoles and the like (too English) is also the date when the 1707 Act of Union joining England and Scotland together to actually form Great Britain took effect (aaarghh!).

  2. What actually are the core values that British people supposedly already have in common, and to which their adherence needs to be further fostered? I have argued before that these boil down to quite abstract, universal ideals, such as various flavours of freedom and equality, democracy, tolerance, decency, etc. One might call these values that the British are said to have in common the 'highest common denominator': they're the most top-level, general philosophical concepts that any reasonable person can buy into, whatever their faith, politics or ethnicity. But as such, do they really provide any additional force for unity, in the sense that people already in theory assent to these principles as expressed in their different cultural and religious traditions? And in any case, what is distinctively British, if anything, about these values? One might even say that by asserting these values as the core components of Britishness, Britishness is defined in relation to an abstraction away from specific, narrow ethnic and religious traditions to a sort of 21st-century global liberal humanism – as Britain typifies the coming together of all the nations of the earth in a new universal, secular culture and economy.

  1. If Britain's identity is essentially a modernist abstraction away from historical divisions between races, nations and religions, then perhaps this is the underlying cultural basis for the bizarre design of the logo for the 2012 London Olympics, unveiled on the same day as the ministers' call for a Britain Day (see picture above). This logo contains very little that is recognisably British in any iconographic or representational sense: no historical monuments, geographical landmarks, national identifiers. It's a piece of abstract art reminiscent of the type of non-referential / conceptual works that annually compete for the Turner Prize. It does have something of the quality of commercial art of the type familiar from the British advertising industry, a sector in which Britain does indeed lead the world. It also suggests graffiti art: a manifestation of youth or pop culture which, perhaps it is true, is the nearest thing there is to a genuinely global culture embraced by people of all backgrounds.

  1. While we're on the subject of the Olympics, these are one of the few major international sporting occasions when Britain actually competes as Britain, rather than in separate teams for each of the component 'nations' of Britain: England, Scotland, Wales and Northern Ireland. For the sake of encouraging greater identification with Britishness, rather than with separate national entities, would the ministers propose abolishing the separate football teams and associations for the four British nations? Not a chance! Well, if that's a non-starter, what chance the objective of winning hearts and minds to a reaffirmed Britishness?

  1. Because that really is the problem: 'ethnic British' people tend to identify more as English, Scottish, Welsh and Irish than as British. Statistics from the UK National Statistics Office confirm this: more 'white British' people define their identity as English rather than British; while many more UK ethnic Asians and Afro-Caribbeans define themselves as British rather than English, Scottish or Welsh. So doesn't that show that we should be encouraging the newer ethnic and national communities coming into the UK to see themselves as English / Scottish / Welsh in the first instance? In fact, it is only in that way that they can really become British because they will be British in the way that indigenous British people are British: through the filter of national and regional traditions, culture and history that have all contributed towards the Britain of today. Moreover, if communities that still refer to themselves as Pakistani or Bangladeshi started to be accepted and accept themselves as English, then this would really mark a turning point of deep integration and the forming of genuine multi-ethnic nationhood.

  1. Equally, it has historically been true that British identity has been most positively upheld only when the English identity that was, and still is to some extent, its heart was affirmed proudly and confidently. Any attempt to re-define Britishness in a way that implicitly or explicitly denies the possibility of an official or politically acceptable expression of English values and culture (Britishness as an abstraction away from narrow national traditions) is actually set on a course away from the traditional wellsprings of Britishness and is unlikely to command the assent of the English people (not defined in a narrow ethnic way but as those who identify as English).

  1. Ultimately, the Britology project could be seen as striving to create a united nation (or should that be United Nations) of Britain that has never really existed in the past. This is one of the things that is evoked by the phrase 'citizenship revolution' used by the ministers in their opinion piece. The last time we had a 'citizenship revolution' in Britain (well, actually, it was in England) was in the English Civil War in the 17th century, when our forebears got rid of the monarchy and we all became citizens of a Commonwealth (in today's terms, a republic). It's only really under a republic that one could imagine this project as having any chance of enduring success. A republic would finally sever the link between the Church and the state, as the monarch currently is both head of state and head of the Church of England (but not of Scotland). Thus, if the monarchy were done away with, Christianity could be denied any privileged claims to being the core faith and value system of England / Britain; and England could be removed from its effective status as the centre of the United Kingdom – the monarch being in the first instance King or Queen of England but certainly not of Britain.

  2. Indeed, the more the talk is of Britain rather than the United Kingdom, the more there are grounds to suspect the presence of an underlying republicanism. A Republic of Britain would be one where its citizens now owed primary allegiance not to the outdated specifics of narrow nationalism, Christianity and indigenous ethnicity but to universal secular-progressive principles, and the global market economy and cultural market place. But would it be a nation that belonged to the politicians and the marketing guys more than to the people of England, Scotland, Wales and Ireland?

28 May 2007

Big Brother's Not Been Watching Enough: The Hypocrisy Of British Tolerance (Part Two)

Big Brother has also failed in its duty of watchfulness in another respect, it was revealed last week. It appears that three persons who were confined to their homes under the terms of so-called 'control orders' have escaped. Control orders are a set of judicially sanctioned restrictions to certain individuals' liberties (effectively a form of house arrest). This measure is aimed at terrorist suspects, where there may not be enough hard and fast evidence to stand up in a court of law, but where the security forces are sufficiently concerned about individuals' activities to wish to impose forcible constraints upon them.

As a result of the escapes that were publicised last week, the Home Secretary (interior minister) John Reid stated that the UK might have to opt out of some of the clauses of European human rights legislation that limited the scope of control orders. He promised tougher anti-terrorist measures would be introduced before parliament by the end of June, when he and his boss Tony Blair step down. Tony Blair himself pitched into the fray yesterday (Sunday 27 May) by arguing in favour of a new police power to stop and interrogate suspects on the street. The prime minister stated, “We have chosen as a society to put the civil liberties of the suspect, even if a foreign national, first. I happen to believe this is misguided and wrong”. Well, that all depends on what qualifies you as a suspect, I suppose. And are the civil liberties of 'foreigners' any less important than those of UK subjects?

The control order regime, and the fact that it was sufficiently lax to allow these three suspects to escape, is another illustration of the British approach to dealing with radical intolerance, discussed in my last entry in connection with the Shilpa Shetty episode in Celebrity Big Brother. Control orders bear all the hallmarks of a process of suppressing and censoring people and ideas that are 'beyond tolerance', rather than dealing with them in a more publicly accountable way, or even in a more ruthless, systematic fashion that would definitely put them out of circulation. In this sense, control orders already do represent Britain's equivalent to Guantanamo Bay, a direction in which the Northern Ireland minister Peter Hain yesterday warned that the new proposed anti-terrorist measures were taking Britain.

Indeed, what more striking expression of the ambiguity of British 'zero tolerance' towards the radically intolerant could there be than control orders? Individuals are not locked up in a judicial limbo, like Guantanamo (which, to give him his 'credit', Tony Blair has argued that they should be); instead, they are 'politely' removed from the public domain and confined to the private realm of their homes. It is as if the intolerance exemplified by supposed terrorists – like the intolerance to which every citizen is prone to some extent – can be tolerated so long as it is confined to the privacy of the home and the individual's thoughts. And like any form of censorship – political or psychological – the setting up of control orders represents a means not just to suppress the individuals and ideas that are intolerable but also to censor the very mechanisms by which those persons and thoughts are suppressed: the process takes place in a sort of judicial no-man's land, outside of the normal operation of justice, where the facts of the case, the names of the individuals involved, and the values driving the activities of the 'suspects' are removed from the public domain.

In other words, control orders are a very British compromise between wanting / needing to act in a radically intolerant way towards those suspected of threatening the very tolerance upon which our liberal society rests, without having to admit that one is behaving in an intolerant manner. Because of this, control orders do preserve some elements of 'liberty' for those subjected to them: the liberties of private association, conscience and speech. We don't in fact seek to exercise mind control like the Orwellian Big Brother or, arguably, like the mental torturers of Guantanamo Bay or Abu Ghraib. The specific control order that applied to the three escapees must also have allowed them sufficient freedom to meet or communicate with each other to co-ordinate their flight. There is perhaps even an element of British fair play involved: we allow them a bit of slack, on the basis that our gut instinct is that what we're doing to them strictly isn't fair, and on the assumption that they might have the decency to play fair in their turn and not attempt to abscond – and then we get all indignant when they have the temerity to do a runner anyway!

There's an interesting parallel between the control-order evaders and the lack of editorial oversight on which the Shilpa Shetty furore has now been blamed. When what is involved is censorship of something intolerable rather than acknowledging it and attempting to deal with it openly (whether through honest discussion or due legal process), then what happens is that rather than watching the object of suspicion, it is all too easy to take one's eye off the ball: to stop looking at the real issue and the real danger. And then that real threat, which has escaped your attention because you thought you'd placed it under control and then stopped looking at, can elude you and come back to haunt you.

The evasion of the three control-order detainees represents the danger that their actions and ideas could once again impinge upon, invade, the public domain. But in a more profound sense, their evasion presents the threat of an invasion of our privacy. Our confinement of those suspects to 'their own' private space was a means to keep them away from ours. Our British society is a private society, where the individual jealously guards their right to freely pursue their own personal and professional goals (both ever more exclusively defined in the terms of the market society, or 'private enterprise') untrammelled by the claims that religious or ideological absolutism might wish to impose upon them. The 'terrorist' or the 'racist' extremist is a threat to this tolerance based on mutual respect and pursuit of each other's private goals. They must therefore be suppressed, and their intolerance (as is ours) must be relegated to its own private space: the control-order detainees' prison-from-prison that is their home, or the prison of the Big Brother House. If they should get out – even more importantly, if their intolerable ideas should get out and gain hold – then, like the 'racist' outbursts in Celebrity Big Brother, this would indeed be an unbearable invasion of privacy.

03 December 2006

Creating Britain: Inventing Britain For the 21st Century (Part Two)

Creating Britain: Inventing Britain For the 21st Century (Part Two)

What are ‘British values’? The very general and open nature of this question suggests the multiplicity of the possible responses. Not so very long ago, in the Thatcher era, there were calls for a return to ‘Victorian values’ as encapsulating the ‘true’ British values that had been forgotten during the nation’s post-war love affair with ‘progressive’ or liberal values. It is possible, approximately, to identify Victorian values with one version of right-wing Conservatism, involving ideas of individualism, enterprise and empire counterbalanced by Christian faith and philanthropic concern for the less fortunate. Similarly – also very approximately – you could argue that the Labour Party is the home of ‘progressive’ Britain, while the Liberal Democrats are the natural home of liberalism.

What the current emphasis merely on ‘British values’, without any ideological or philosophical qualifier, seems to involve is a typical Blairite (con)fusion of these three strands in the effort to distil a core and, as it were, timeless set of shared values that everyone can agree on and unite around because they are common to the different political traditions. Let us try to enumerate some of these universal British values as they emerge from the discourse and policies of those who advocate them (shall we call them Blair’s ‘Britology’?):

· Free competition (of ideas, individuals, businesses, economies)

· Equality of opportunity

· Democracy

· Respect

· Decency

· Moderation

· Honesty / integrity

· Courage

· Resourcefulness

· Determination

· Pride

· Independence

· Ethical imperialism

One thing that strikes one in this list of familiar British values is that they are really British virtues: political and ethical ideals for which, by labelling them as British, it is implied that they belong to something that might be called the ‘British spirit’ – both highly valued qualities, and ones which the British naturally admire and aspire to.

Absent from this list are more basic terms describing ‘typically British’ personal, social and cultural characteristics. One of the reasons why the campaigners for reaffirming shared British values tend to emphasise the above set of ideals rather than the more intimate, socio-anthropological descriptions of Britishness one could come up with is that it would be more natural and revealing to talk of Englishness (and Scottishness, Welshness, etc.) at this more personal level. But then one would start to move away, precisely, from the shared nature of those British values and to treat the different national identities of Britain as distinct entities. As I have argued before in this blog (15 November), Britishness – and, indeed, the very political identity and coherence of Britain as such – is articulated across a set of abstract qualities and ideals that are shared because they are universal in a philosophical sense, not necessarily because they are really common characteristics of all the peoples of Britain, whether English, Scottish, Welsh, Irish, or other minorities.

16 November 2006

Ways Of Saying the Same Thing

Ways Of Saying the Same Thing

When the trees are bare,

We see the beauty of buildings.

That beauty was always there,

It was just the green that drew your eye.


I can’t bear those leafy trees now,

But I wish we’d been green for longer.



She always spends loads of money

When the prices drop.

Volume discounting, old chum:

The oldest trick in the book –

They won’t turn over a new leaf

When the Januaries kick off the New Year.


Another rip-off Christmas draws near;

Correction: the seasonal surge in sales.

But it doesn’t seem much like the season;

Will it be winter that fails?



Nor much goodwill to all men

In the land of Jesus’s birth.

Flares point the way now

Where, once upon a star,

A light drew the Kings of the earth.


We aimed our missiles precisely

At non-civilian targets;

We knew there’d be a slaughter of innocents,

But didn’t intend them to die.



We, too, came from afar,

Like lords of all the earth.

We came in search of terror;

And terror found us out.


Our leaders sold us a lie

And beggared our belief.

They must be even greater fools

Than they clearly took us to be.



They keep saying the same old nonsense,

Making up reasons as they go along.

But it all tells me just one thing:

Our future’s not safe in their hands.


So it’s just as well

It's not.


15 November 2006

New Englishness: Re-expressing the Relationship Between England and the UK

The following is an article I've written on questions of English national identity, republished from my MySpace blog of 20 September (see http://blog.myspace.com/culturalcritique). It's intended as a contribution to the debate about multi-culturalism and the integration of multiple traditions, value systems and ethnicities into a cohesive sense of nationhood.

New Englishness: Re-expressing the Relationship Between England and the UK

The ambiguous overlaps and interrelationships between the national identities referred to as 'English' and 'British' are familiar to us all – to say nothing of the extra layer of confusion concerning the use of the terms 'Great Britain' and 'United Kingdom'. Generalising a bit, we could say there has been a tendency – on the part of the English, at least – to merge the meanings of the terms 'English' and 'British'. When referring to British values and culture, the English have often viewed these as an extension to the whole of the UK of what are essentially cherished English characteristics. Similarly, naïve usage has often involved substituting the word 'English' for 'British' when referring to all the peoples of the UK. Children and foreigners frequently ignore the distinction to this day – getting muddled up, for instance, between English and British sporting teams; or referring, as do the French, to the culture of the British Isles and North America as 'Anglo-Saxon'. (A parallel and, in fact, even more anachronistic mislabelling sees us referring to French culture as 'Gallic'.)

This identification of the English with the whole of Britain has now been largely repudiated: by the politically correct classes, which view it as exhibiting the kind of cultural and political imperialism which did, in the past, lead to the projection of the English-British identity across a worldwide empire; by the Scottish and Welsh who, with their own national parliamentary bodies, are reaffirming their identities as distinct from the English-British; and by ethnic and religious minorities, some of whom define themselves as 'British + ethnicity/religion' (e.g. British Asian, black British, British Muslim) rather than English – even if they live and work in England, and enjoy (to some extent, at least) social and economic opportunities that the English of whatever race have struggled to achieve and uphold over the centuries.

Partly in reaction to this rejection of shared English-British values, there has been a popular attempt to reclaim a distinct English identity, one of whose manifestations is the mass display of flags of St. George and of patriotism around major sporting events such as the football World Cup. Interestingly, in the 1970s and 1980s, English football supporters tended to demonstrate their patriotism by parading the Union Jack (while Scottish fans – even at that time, it has to be said – mostly carried the St. Andrews Cross and the Royal Standard of Scotland (red lion on yellow background)). Nowadays, hardly a Union Flag is to be seen, as the sporting competition concerned is taken as a relatively harmless opportunity to celebrate the English identity and nation, as distinct from that of the British as a whole.

There is always a risk that this sort of patriotism could cross over into a more aggressive nationalism, characterised by racism and xenophobia, and indeed Islamophobia. This is partly because, in some people, it involves an element of hurt pride and anxiety about the perceived threats to the integrity of the English identity and the country's prosperity and security. But just because of those concerns, the aspiration to affirm and be proud about what it is to be English should not be dismissed out of hand. Few countries, in fact, have been less nationalistic and given over to pompous displays of national pride than the English – at least as the English and not via their alias as the British. And it is arguably necessary to the cultural and political health of any nation to take pride in being a nation, with the caveat that that pride must be prevented from spilling over into contempt towards other cultures and peoples.

And this is the point: the English have historically defined their national identity – in a formal, political and institutional, sense – as British; while their sentimental national identity has remained English. This is one explanation for the emotional infusion of Britishness with all things English, on the one hand, and the technical misnomer of referring to officially British entities as 'English', to which I referred above. Now that the sentimental projection of Englishness on a Britain-wide scale is rejected by many of those upon whom that proxy-Englishness has been foisted, perhaps it is time also to change the official, public discourse: to actually allow the English to develop a language to express their Englishness that is neither culturally insensitive to the Scots, Welsh and other British minority peoples; nor is formally inaccurate, in that it uses the 'wrong' term – 'English' – to refer to what is technically British. But to enable this to happen fully, it would almost certainly be necessary to change some of the highest institutions in the land, so that an English nation as such could come into being.

At this stage, it is worth taking a step back in time to consider the origins of some of these terms. Originally, 'Britain' and 'British' referred to the pre-/non-Anglo-Saxon island and its peoples. The Latin 'Britannia' – precursor to our 'Britain' – derived from a Celtic word that is seen to this day in the Welsh 'Prydain'. In a sense, then, it is ironic that 'England' has projected itself historically into an identification with the whole of Britain – an entity that originally did not have England as its centre – and that the non-Anglo-Saxon Britain has increasingly withdrawn from the project, leaving Englishness with, almost literally, nowhere to go.

One of the purposes served by the assimilation of England to 'Britain' was to find a way of not actually calling the English-dominated state 'England' – as, for instance, the centrist state of France originally drew its name from that country's own Germanic invaders, the Franks. Calling the nation 'Britain' or 'Great Britain', from the 17th century onwards, was a way to invoke a 'united kingdom' through reference to the unified geographical territory that that kingdom encompassed – neatly eliding the fact that this was a nation ruled by the Kings, Queens and Parliament of England, albeit with a grafting on of Scottishness through the Stuarts. (The name 'Great Britain', by the way, was not originally a reference to some idea of a Greater Britain – a greater political union of all the nations and islands of the state – but merely a term distinguishing our Britain from the 'Little Britain' that is Brittany: in French, 'Grande Bretagne' versus 'Bretagne'.)

But has there ever really been a unified British nation as such? Even Roman Britannia did not encompass the whole of this island but was more a forced political union of foreign invaders with the Celts of what are now England and Wales, in which the vigorously independent, non-Celtic Picts of Caledonia (Scotland) declined to participate.

'Britain', as a political concept, has always been more of an idea than a reality: the idea of a political, national and – in the post-Reformation context – religious union encompassing all the British Isles that has been driven and to some extent imposed by peoples coming originally from outside the actual island of Britain – the Romans, the Anglo-Saxons, the Normans. In a similar way, the very identity and existence of the nation of England has for centuries been parasitic on the British project: the raison d'être of 'England' has been to bring about, uphold and embody the union of Britain. Perhaps this mission is the particular way England has striven to reconcile the tensions from which it was born: the pull between an identification with the authoritarian centre of power in the land, on the one hand, and an identification with the people of the land on whom that rule – coming from the outside – has been imposed.

The shift in our thinking and language about English nationality I am advocating essentially involves re-centring our current concepts of Britishness on the English. It involves accepting that the British project was always primarily an English undertaking and, to the extent that they have shared and participated in it, the Welsh, Scots and Irish have identified with a Britain and with a cultural and political entity that was essentially 'made in England'. We should then start to use 'England' and 'English' to refer to all of these ultimately 'anglo-centric' aspects of our history, culture and political life, i.e. those aspects that reflect the strategic interests, values and socio-cultural characteristics of the inhabitants of England in previous centuries and today. We could, for instance, refer to the British Empire as having been really an English empire (an extension of the English dominion of Britain across a vast geographical expanse). Our democracy could be thought of as a mainly English – rather than British – creation; 'British values' should be viewed as synonymous with 'English values', where those values clearly reflect characteristics, conventions and a historical heritage that are generally accepted as rooted in England.

We could then perhaps develop a language about Britain that is differentiated to some extent from the idea of Britain, i.e. from the English-British political project that I have described. 'Britain/British' could be used to refer – historically – to the pre-English peoples of the land (the Celts, Picts, etc.) and – in the present – to all the 'indigenous' peoples of these islands: the continuing nations, cultures, ethnicities, and Christian and liberal-humanist traditions that have inhabited the geographical territories of Britain over a long historical period. Insofar as the Welsh and the Scots wish to define themselves as culturally and ethnically distinct from the English – as well as being merely geographically demarcated from England – they could define that ethnicity, perhaps, as 'British' in the first of those senses. Of course, they would have to work out in their own way how to resolve the problem of defining their national identity in any kind of ethnic way, with respect to integrating the minorities in their lands.

The English, on the other hand, could now turn the unworkability of defining their own identity in ethnic terms into a considerable virtue. By this, I mean that the English should now be free to appropriate to themselves the 'British' values they have previously sought to extend to the whole of Britain. One could therefore consider oneself to be English almost by virtue of a conscious identification with, and espousal of, English culture and civilisation seen as something that embraces and holds together the very diversity of the national and cultural influences that have shaped us over the centuries. Not an England as an island-nation Britain but as an inter-national civilisation that we took to the world in the past and to which the whole world now contributes. Is English who lives or is born in England (or considers England to be their home while dwelling abroad) and identifies both with English personal and social characteristics, and with English civic and cultural values, as the ground on which their rights and responsibilities within the nation are based. So we could now easily talk of 'English black' and 'English Muslim' (indeed, 'English Indian' or 'English Irish') people because, in fact, we now see it as being the English civilisation that has given these groups their hybrid cultural identity – their cultural home as part of England, as much as their physical one. 'England', in this acception, can be viewed in relation to a core 'mission' as a 'bringer together' of nations and cultures, not the byword for an ethnically homogenising, dominating civilisation.

So in a sense, we are talking about a reversal of conventional values: 'Britain' becomes associated more with a narrow, insular and possibly ethnically restrictive focus; while 'England' is articulated as the place of an international, cosmopolitan culture – open to the global culture which it arguably has done more than any other nation to create. This does not mean that we forget or disown the mistakes and misdeeds of the past by, for instance, attributing all the negative aspects of our imperialist past to a domineering and racist Britishness that is somehow opposed to Englishness (whereas, I've argued, it is an intrinsic and ambiguous part of the English historical heritage). By the same token, we should not pillory ourselves pruriently about our past imperialism. This is because the internationalist values and culture we wish to own as an important part of our 'new Englishness' – and which are expressed in the post-imperialist context in terms of freedom, democracy and cultural openness – would be unthinkable without the English and other European empires that largely created the modern world and our 'multi-cultural' societies.

And just as the new English identity can positively affirm its international outlook, there is an opportunity to give greater voice to the regional identities and communities of England, now that Englishness in all its guises is no longer a dirty word and need no longer hide behind the supposed inclusiveness of Britishness. This would involve, on the one hand, reaffirming traditional, rural English identities, lifestyles and economies, insofar as they actually survive in the present. These should be viewed not as the domain of socially anti-progressive, economically backward and racially exclusive communities, as some with a more urban outlook might have it. On the contrary, they must be affirmed as absolutely vital in preserving traditions reaching far back into the precious history of our land, and in maintaining a connection to that land – through labour, cultivation and mutual dependency – that is more than merely economic and industrial, but ecologically and spiritually vital. But equally, the various vibrant urban regional identities and cultures of England should be affirmed and valued. Gone for ever should be the contempt of the political, social and economic elites – concentrated around the capital and the richer regions of the south – for the diversity of other English voices and cultures they have often sought to exclude: the contempt, in other words, of the very class that has driven the British project for an English diversity it sought to suppress. And, by the same token, even the oft-dismissed middle- and upper-class culture of the wealthy home counties can surely also find a cherished place, somewhat like an Agatha Christie novel, in the newfound pride we take in Englishness.

The English language in all its diversity should of course take pride of place in the articulation of the new Englishness – a language with so many rich regional, international and class variations that encapsulate the history and contradictions of English expansiveness in Britain and throughout the world. It often seems that as the English language becomes ever more the global lingua franca – a term which, when applied to our tongue, must really irk some people in France! – it belongs less and less to us in England. But now, if we reclaim that history of passionate engagement with a new world (albeit a world which seemed to the English of our past to be 'there to be conquered') as English history, we can also reclaim the multiple global forms of English as our language – to be embraced, loved, understood and cultivated in all its rich variety. My word-processing package's spell checker gives me 18 varieties of English to choose from, ranging from Australian to Zimbabwean: they are all mine, they are all English.

As I suggested above, it would almost certainly be necessary to modify the constitutional relationships between England and the rest of the UK in order to give full expression to this new sense of England and the English as a distinct nation. This would not necessarily entail the break up of the UK but it might involve finally differentiating the UK from Britain: the UK would become a political alliance of distinct nations and not a merging of them into a nebulous synthesis – a 'Britain' that has never been a true nation as such in the people's hearts, other than when it was effectively another name for England. The implications of a change such as this are potentially vast; but moving towards a legally and politically distinct England might at last bring some clarity into the constitutional titivations and partial devolutions of the past decade. And it could potentially revitalise English civic and political life in some unexpected ways because it would be a process of restoring the nation to the people: giving the English a sense of ownership over their nation, political institutions and democracy that appears for the present to be in ever greater decline – and arguably has been since the sense that the destiny of English people was inseparable from a Britain that was Great began to be eroded.

I am no constitutional or legislative expert. But let's take a moment to imagine what forms the new English constitutional settlement could take.

· Separate parliaments or assemblies could be instituted, complementary to the current bodies in Scotland and Wales, for a number of English regions grouping together counties with shared historical links and economic interests, e.g. the North-East, the North-West, the Midlands, East Anglia (including Essex, Herts and possibly additional counties), London, the 'Home Counties' and the South, and the South-West. These could be essentially federal assemblies with responsibilities for managing the public-sector purse, social policy, and law and order in those regions (while the Scottish Parliament would preserve its legislative role). The UK parliament would retain its responsibility for economic, security, and (excluding Scotland) fiscal and legislative issues affecting the UK as a whole. The upper house of the UK parliament (perhaps a new proportionally elected body) could exercise oversight over the actions and decisions of the regional parliaments, examining their implications for the whole of the UK.

· An alternative arrangement would be to allow the House of Commons to act as a second house in relation to decisions from the regional/national parliaments affecting the UK as a whole; while the regional/national parliaments could exercise second-house-type scrutiny of the national parliament's legislation. Indeed, a new second house could be drawn from the regional/national assemblies, with members elected by those assemblies or voted for by the electorate using a proportional system as part of the elections for the regional/national assemblies

· Alternatively again, if the people of England did not wish to have separate regional parliamentary bodies, arrangements similar to the ones above could be put in place with just a single national English parliament, rather than multiple regional parliaments. This would probably do better justice to a revitalised sense of England as a distinct nation. In this case, full legislative – as well as merely administrative – powers could possibly be transferred to each of the three (or four, if Northern Ireland were added) national parliaments. The Union would then be preserved and protected by a proportionally elected 'upper' house with responsibility for safeguarding the economy, integrity, legal rights and responsibilities, international relations, and security of the UK as a whole. This body would be something half-way between the current House of Commons and House of Lords, with the difference that, together with the national parliaments, it would more accurately reflect public opinion. It would have to have real power to refer or veto legislation and decisions from the national parliaments in order to truly function as a guarantee of the Union.

The role of the prime minister would become more akin to that of an elected president: heading up the Executive, and driving forward policy and legislation through the national bodies – but with more limited direct power to dictate policy and legislation, which would be dependent on greater democratic consensus, and checks and balances. The prime minister could be chosen on a slightly modified basis from the present arrangements: (s)he would be the leader of the party with the greatest representation across all the national parliaments or, alternatively, the leader of the party best able to form a coalition of support across the parliaments. The Cabinet would become more like a company Board of Directors, while executive management of 'UK plc' would be delegated to the individual national administrations.

These are just a few bare outlines intended to suggest how our political and cultural life could be radically transformed and reinvigorated by allowing the peoples of the UK – English, Irish, Scottish and Welsh – to take renewed pride in their nations and retrieve a sense of ownership over the institutions and political processes that are supposed to give voice to their wishes and fears, their values and ambitions.

Given its ineluctably 'multi-cultural', multi-ethnic and multi-faith character, England in particular has an enormous opportunity – one could even consider it a duty – to redefine and revalorise its identity: to affirm what is distinctively English, including the very openness to cultural, ethnic and national diversity within its territory and beyond. This is particularly essential in the light of some of the major challenges facing us today: the need to absorb large waves of new immigrants, and the need to present a strong alternative set of national and civic values with which alienated minorities (particularly, Muslim youth) can identify. This new English identity would be one that seeks at once to accept and understand Muslims' faith background, but which sets that inclusion within a broader context of common English values, both traditional and modern. 'Britain' and Britishness are now too abstract and disputed to provide a set of shared values and aspirations, and too tainted in the eyes of many minorities with associations with our imperial past. Indeed, one could go further and say that encouraging minorities to define their identity in relation to supposedly common British values actually offers them a 'cop out': it allows them to limit their commitment to this country to the level of formal legal nationality (to consider themselves legally British but, in their hearts, Asian, Muslim, Polish, etc.) – rather than to a strong tradition and civilisation that is concretely grounded in the places where they live, i.e. in England. But while 'England' remains too timid to assert itself as a nation freed from the shackles of an idea of Britain that is no longer relevant or meaningful to possibly the majority of the inhabitants of these islands, it also cannot serve as a sufficiently attractive focus for people's identity, ambition, pride and respect.

England has indeed much to reproach herself for, in the past and the present. But the country has in many ways been as much of a victim of the attempt to impose the domination of 'Britain' as have the other nations of our islands and former empire. It is time for the flawed but also vibrant and diverse civilisation and identities of England to find their voice and become a nation.

 
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