upton-on-line
7th June 2001
In this edition
How the French spend their holiday weekends, a new sub-plot
in the long-running Opéra de Chirac and related
scandals; and some (far too lengthy) ruminations on the report of the
National Party’s Constitutional Taskforce (not exactly a triumph),
Maori Representation in Parliament and Simon Schama on
British history.
Practising for holidays
As New Zealanders mark the lonely outpost of Queen’s Birthday weekend
with a stretch as long as Siberia until the next long weekend, other
people in warmer climes are getting into holiday mood. Upton-on-line
reads that the Finance Minister, Michael Cullen and Opposition
Spokesperson Bill English are agreed that productivity is New
Zealand’s number one challenge (at least that’s Colin James’
judgement). They would both be in the intensive care unit if they were
contemplating the French approach.
France, like most of Europe, shuts down for August when the heat of
the Mediterranean expands northwards and causes a continental scale
siesta. But it seems as though one has to limber up for the big holiday.
Certainly, May has all the appearance of being a month in which the
French practise at being on holiday very seriously indeed.
In just four weeks, upton-on-line’s productivity has been massacred
by serial holidays called (ostensibly) to pay tribute to a mixed bag
of religious, patriotic and political events. First there was May Day,
taken rather more seriously in a country that still has a real live
Communist Party. (In truth, the communists – despite being in the Government
– are on the point of evaporating: if they survive, it will only be
because the French love of putting things in museums will ensure that
they are housed in a secure, temperature-controlled environment. In
the meantime Prime Minister Jospin has given them temporary shelter
inside his Government although opinions are divided on whether or not
this mightn’t be the kiss of death, much as Jim Anderton’s fate
is giving New Zealand’s Greens cause for reflection…)
Then came Victory in Europe day to celebrate the end of the last war
in Europe. This is done rather stylishly. All through the streets of
Paris are unassuming little plaques commemorating the sites where people
were executed by the Nazis during the occupation or otherwise despatched
in the cause of the patrie. On the morning of the 8th
May, each is adorned with a small spray of flowers. The preceding night,
there must be a mammoth flower drop bringing to every quartier
a floral tribute to otherwise ordinary lives lost in the fight for freedom.
Then there are two religious festivals – Ascension and Pentecost. For
a steadfastly secular country, this adherence to key New Testament events
is rather touching. Now four public holidays isn’t much. But it’s what
you can do with those four days that’s really impressive. By building
bridges to the nearest weekend, you can give yourself virtually a month
of three-day weeks. France has officially moved to a 35-hour week. But
May has struck a blow for the 27-hour week. And everyone is smiling.
Except, that is, motorists whom upton-on-line unwisely joined at Pentecost
weekend for an imagined quick spin into the depths of Normandy for the
day. Thinking that the middle day of a long weekend would be easier
going than the days either side he blithely advised luncheon host that
he’d be there before midday. But midday arrived somewhere on the A13
on a gridlocked, six lane autoroute, somewhere rather close to
Paris as thousands of Parisians who were either naïve or dumb or
both, looked at one another through stationary car windows and exchanged
looks of despair as bored children variously vandalised the car interiors
or each other.
This, apparently, is quite normal. Escaping from Paris (which many
do every weekend) is a bit like an up-dated version of Friday penance.
Before the joys of the weekend can be savoured, tens of thousand of
families submit themselves to motorised purgatory. Each week a few are
literally martyred in the act. (Once the péage (toll stations)
are passed, speeds rise from 10 km per hour to between 120 km and 160
kms with a different, and more deadly set of perils). The only difference
with Mediaeval observances is that the self-flagellation is repeated
again on Sunday evening.
Upton-on-line can but reflect that, notwithstanding the Los Angelean
chaos that attends Auckland’s northern and southern motorways on holiday
weekends, the quality of life for the overwhelming majority of New Zealanders
is infinitely higher than the car bound, pollution-saturated corridors
in which most Parisians (and Londoners and others) spend so much of
their time. Notwithstanding that, cars, particulate and crash barriers
seem to exercise a narcotic influence over millions.
On the other hand, the French take their gîtes (baches)
every bit as seriously as the Waikane/Omaha set. And the country is
full of decaying rural dwellings that are lovingly restored so that
city people can play at being simple country dwellers (much as Marie
Antoinette once played milkmaids in the dairy at Rambouillet). It’s
just that the whole phenomenon has been inflated from the fantasies
of the Royal family to half of the middle classes in a city of 8 million.
Not very sustainable, upton-on-line could not help thinking, as countless
stationary cars vented their greenhouse gases into the brilliant summer’s
morning!
The plot unfolds
Upton-on-line has previously drawn attention to the political machinations
surrounding attempts to impeach President Jacques Chirac. While
French citizens have been flocking in droves to watch the intimate tedium
of half a dozen young gallic men and women living under lock and key
in a make-shift loft, observed by hundreds of television cameras, microphones
and infra-red devices 24 hours a day, upton-on-line has been feasting
on the almost round-the-clock attention being paid to the President
who is coping with the embarrassing revelations of a single, posthumously
revealed video tape.
Readers will recall that when the curtain fell on the last act of this
irresistible opera-in-progress, a pesky socialist Deputy was causing
consternation all round by threatening to take the President at his
word and convene the High Court of Justice (a parliamentary tribunal)
which, Monsieur Chirac claims, is the only body entitled to judge his
untouchable eminence. Readers will recall that political corruption
a decade or more back was so widespread that not even the President’s
opponents are particularly eager to trigger this spectacle. And with
the President relying on constitutional immunity, the courts have declared
a stalemate.
Well, M Arnaud Montebourg, (who is young enough not to have
any restraining memories of the bad old days) has defied the party whips
and launched his petition for the signatures of MPs of which he needs
58 to convoke the High Court. With a wonderful sense of irony, he has
gravely invoked the reasoning of the President himself in making the
case for a specially convened Star Chamber. In fact, he points out,
anything less would be unfair to the President himself:
"In representing himself as being unable to defend his honour
by way of ordinary procedures, and in recalling that ‘if the
Head of State has erred, there is a specially mandated procedure
which is the High Court of Justice’, the Head of State has placed
himself – both by the spirit and the letter of his own declarations
– in the position of claiming justice for himself in front of the
only competent jurisdiction, the High Court of Justice. There remains,
in effect, only one way now to overcome the denial of justice brought
about by the discontinuation of the court procedures and to avoid
the dishonour that would otherwise be done to the Head of State
himself if it should prove impossible to do justice to the suspicions
and accusations of having committed serious contraventions of the
law, and that is: the commencement of proceedings by the High Court
of Justice."
Unlike the vast bulk of the political establishment (which seems to
be finding terribly complicated legal problems under every carpet in
sight), M. Montbourg seems to be possessed of a startling simplicity
of insight. "How", he asks,
"can we explain to our citizens that the criminal acts committed
by presidents Joseph Estrada, Alberto Fujimori and Richard Nixon
– the last, notwithstanding that he was the leader of the most powerful
country in the world – were subject to the rule of law but that
in France it is not possible to find a single judge who can examine
President Chirac and the serious criminal actions which he is suspected
of having committed.
How indeed? Although his 31 signatories to date are almost exclusively
first termers, the Socialist Party’s leadership has been embarrassed
into action. Having said that voters would determine the President’s
guilt in next year’s presidential election (in which Mr Chirac will
be seeking re-election), Socialist Party leaders have now come round
to proposing an amendment to the constitution that, from after the 2002
election, would allow the President to be charged with crimes
allegedly committed prior to his election to the office or unrelated
to his presidential duties.
This seems to have got the President’s supporters rather jumpy. Why
is there such silence from the Elysée Palace? Why couldn’t he
set up, they urge, a grave, high-powered commission of wise men to report
(in the fullness of time) on how presidents might in future be investigated?
All sorts of notables on the Right are reported to believe some such
initiative is needed to preserve public confidence in the President’s
repeated statements that he has nothing to hide. If the socialists are
just playing politics, wouldn’t it be truly statesman-like for the president
to take a bold step that removes any shadow of doubt about the purity
of his motives?
Well it might be, but to date it doesn’t seem to have commended itself
to M. Chirac whose enthusiasm for making chinks in the legal wall he
has built around himself is in striking contrast to the robust way in
which he is advocating all sorts of exciting policy initiatives in the
environment, education, social affairs and the integration of Europe.
In fact, M. Chirac is, in every other respect, busily listening to the
French people. It’s driving the governing socialists crazy. As two socialist
deputies complained in Le Monde the other night:
"If there were electors on Mars, we bet that the President would
have expressed his solidarity with them for the lack of water and called
on the Government to put in place a system of extra-terrestrial diversion
channels between the Somme [where there has recently been chronic
flooding] and the neighbouring planet."
It’s nice to see that people still have a sense of humour about it
all. But the sense of comedy must have been wearing thin for the President
last week when a distinguished former Foreign Minister of the Mitterand
years, Roland Dumas, was sentenced to 6 months in prison plus
a one million franc fine for having received all sorts of goodies (including
lots of expensive shoes, apartments and restaurant meals channelled
through his mistress) that were paid for by the state-owned petroleum
company, Elf. Some of the more serious charges of corrupt influence
weren’t proved but for anyone like the President being pursued by investigating
judges, it’s all a bit too close to home.
Oh, by the way: guess who was President of the Constitutional Council
when M. Chirac received his legal ruling that no President in office
can be pursued in the ordinary courts? None other than M. Dumas!
READERS UNINTERESTED IN NZ’s MUCH TAMER CONSTITUTIONAL DEBATES
CAN BALE OUT HERE…on the other hand, if you’re a kiwi it might be good
for you!
Tinkering with a constitutional debate
Last year, the NZ National Party set up a task force to consider the
issues that the Party might have to debate in the next election. It
has recently produced its report (which has been the subject of some
debate over recent weeks as the Party grinds through its round of Regional
Conferences).
The Task Force included some pretty substantial people in Warwick
Cambridge, Chris Finlayson, Denese Henare ONZM, Peter
Shirtcliffe CMG, and in the chair, Rt Hon Sir Douglas Graham
KNZM. They are all people for whom upton-on-line has considerable
respect, which is why his disappointment in their output is all the
more keenly felt. Here was an opportunity for some really original thinking
and, more importantly, a laying bare of arguments that are too often
taken for granted. It was not to be.
This issue of upton-on-line critiques some of the Task Force’s thinking.
Before doing so, a pre-emptive defence of such temerity is probably
warranted. First of all, why should upton-on-line have a view? The short
answer is that he remains a financial member of the National Party and
considers that leaving Parliamentary affairs to younger, more vigorous
people should be no bar to his continuing to take a humble interest
in the affairs of his country.
Secondly, what right do diasporans have to comment on the affairs
of la patrie? That’s an interesting question that would require
a separate issue all of its own. Upton-on-line’s hunch is that small
countries need their diasporas more than big ones, and that small country
exiles probably feel greater umbilical ties than those who leave hulking
great countries whose cultural imprint is inescapable anywhere on the
planet. (Americans abroad must feel they have never left, given the
reach of American laws, courts, intelligence and, of course, global
corporate reach…)
Whatever the case, diasporans are probably a useful source of
opinion if only because, outside the hot house of New Zealand political
debate they can probably take a slightly more detached view. Certainly,
those of us living in other democracies can only note that all constitutional
and electoral arrangements are fallible and that there are no nirvanas
to be dissected by itinerant parliamentary committees or Royal Commissions.
Enough of that: down to the analysis.
First, a (small) bouquet
In case what follows seems uncharitable, upton-on-line proffers a bouquet.
Good on the National Party for actually trying to debate an issue seriously.
And good on the individuals for devoting their free time to it. In common
with most New Zealand political parties, National has for years coasted
through the policy formation process reactively. No-one has got themselves
too bothered about researching issues carefully in advance. As a Party
with many years in government, National has had relatively few reflective
moments in Opposition. The seat-of-the-pants approach has been all too
easy to justify as one of the unavoidable burdens of being in government.
Now there’s a moment to draw breath, the Party has finally acknowledged
that it has to do some thinking and for that it deserves a big pat on
the back. But that’s where it stops.
The future of the Monarchy
Here’s how the Taskforce opened up:
"The task force believes it is only a matter of time before
New Zealand will have to decide whether to become a republic. It
is hard to judge when that issue will need to be addressed. There
is no strident call for change at this time, and the current monarch
is clearly held in great respect. This creates something of a dilemma.
While there is a temptation to do nothing at this stage and treat
the matter as too delicate, that could generate major problems later
when he issue does arise. This is because there is thought to be
poor public understanding of constitutional matters generally, and
what a change to a republic would involve in particular. It seems
to us that this topic can no longer be put to one side … we consider
the time has come to acknowledge the inevitability of the question
arising."
Upton-on-line is even now boggling at the sheer absence of analysis
provided. To state that the topic "can no longer be put to one
side" is a triumph of conservatism when most people have been happily
debating it for seven or eight years. But one might have expected a
slightly more daring justification for opening the debate than the sheepish
and clichéd prediction that ‘the time has come’.
Like many in the National Party upton-on-line is prepared to admit
that he has no enthusiasm for change. But that’s beside the point. If
his betters have decided that the game is up and it’s time to change
the crest on the letterhead at Government House (not to forget asking
the NZ Woman’s Weekly to leave Prince William alone and
start doing more profiles on Ben and Anna Shipley), they should
spell out just what’s inevitable about republicanism.
Upton-on-line can think of lots of possible reasons (none of which
he thinks is very persuasive). Here are some of them:
- New Zealanders want an elected head of state. (Do they really?
Another whole field of party political wrangling?)
- A number of high profile New Zealanders like Jim Bolger
have said it’s inevitable so it must be. (Why are their views on
inevitability so much more persuasive than views to the contrary?)
- A head of state resident in another country is a slight to our
nationhood. (Granted that may be a psychological problem for some,
does it outweigh the practical advantages of the status quo?)
- The Queen doesn’t have much in common with ordinary New Zealanders.
(Also true, but then again do people like Jonah Lomu or Kiri
te Kanawa have much in common with most of us as they retreat
to their gilded private lives – or in other words, is it o.k. to
be rich and famous as long as you can chatter on to a talk show
host about what it was like growing up in Whanga X or Roto Y.
- A hereditary monarchy is out of step with the times. (Well they’re
certainly not making many more of them, but it doesn’t seem to worry
the zealously progressive and egalitarian Swedes, Norwegians,
Danes or Dutch).
- Is it that the Head of State can never be a Maori? (Never heard
this one but it could be argued that the Treaty should be re-negotiated
to allow for a sort of revolving deal)
- Are Queen Elizabeth and the House of Windsor wanting
to throw the towel in? (There’s no evidence for it but if they did
get bored with the arrangement they’d only do so very politely on
the advice of Ministers).
- Britain might become a Republic. (Well, it might but shouldn’t
we cross that bridge when we get to it? And if we did get to it,
we could always suggest the reigning monarch came and settled in
at Government House – the upkeep would be much cheaper than Buckingham
Palace and a non-elected Head of State far cheaper than running
elections for one).
- A constitutional monarchy isn’t rational. (The Treasury has probably
done some preliminary work on this one. Trouble is, there are plenty
of ‘rational ‘ solutions that seem to have caused all sorts of problems.
Upton-on-line got caught up in one called the Global Stop Loss
in another life.)
- If we were starting from scratch there’s no way you’d start with
a constitutional monarchy these days. (But we’re not starting from
scratch. And the Spanish went back to a monarchy in the 1970s so
it’s not totally beyond the pale).
One could go on inventing reasons. Some are better than others and
ultimately, in a democracy, the people will decide. But if we’re going
to have a debate about it, surely the National Party can do better than
troop out a palid little statement of inevitability.
People who talk about inevitability are generally scared to front up
with their real reasons. The National Party should have no such fears.
And of course, if it hasn’t got any reasons, it should be asking why
we should change anything. Nothing appears to be broken and conservative
parties aren’t generally tinkerers. Upton-on-line has great respect
for principled republicans. But go-with-the-flow timidity seems a bit
short on rigour.
Getting rid of the Maori seats
The Taskforce doesn’t make much more sense on this issue although its
recommendation to either have a referendum among Maori or introduce
legislation to ditch them will have a lot more supporters out in the
undergrowth. Again, the issue is not so much whether one agrees with
the conclusions of (in this case the majority) of the Taskforce but
whether their handling of the issue does justice to the subject matter.
Take this piece of reasoning:
"It would be possible to defer the question further until
more MMP elections have been held. But against that is a feeling
amongst some [but not all of the task force], that with the greater
visibility of Maori in almost all walks of life today, with the
increased willingness on the part of the Crown to comply with its
Treaty obligations to Maori, and with Maori MPs now equating to
the population percentage, the Maori seats can be viewed as rather
unnecessary, separatist and potentially divisive. There is perhaps
a growing conviction amongst some of us that the time has come to
re-examine a number of policies and institutions that manifest a
different approach to Maori. Some of us think much of the well-intentioned
affirmative action in the past has proved to have been patronising
and has not produced the outcomes hoped for. So in considering whether
to support the abolition of the Maori seats it is not the intention
to ‘punish’ Maori in some way but rather the reverse. Provided they
are properly represented in the House as they are, there is no longer
any need for the seats."
If you thought you heard a fence collapsing while you were reading
that extract, it wasn’t so much that anyone was trying to sit on it
but rather that the authors forgot the posts. Just what is the problem?
The seats "can be viewed as rather unnecessary …
and potentially divisive". "There is perhaps
a growing conviction amongst some of us [who?] that the time
has come to re-examine a number of policies and institutions [which
ones] that manifest a different approach to Maori."
The objection can’t be that New Zealand doesn’t have ‘one person/one
vote’ because that’s exactly what we do have. And since the determination
of the number of Maori seats has been linked to the number of New Zealanders
who wish (entirely voluntarily) to register on the Maori roll, all votes
have equal value (within the 5% margin allowed for variation in constituency
populations).
As with the Monarchy issue, the Taskforce fails to spell out clearly
articulated problems that can be advanced in support of the case for
change. Here, instead of relying on "inevitability" as the
engine for change, the Taskforce relies on "a growing conviction"
("perhaps"). This is the intuitive non-rational side of political
conservatism carried to the point of caricature. As Denese Henare
rather brilliantly puts it in her minority dissenting argument "feelings
are one thing, evidence to support such feelings another".
More worryingly, the Taskforce is happy to cite the Royal Commission
on Electoral Reform in support of the view that the move to proportionality
makes the case for distinct Maori constituency seats obsolete but then
fails to state whether its recommendation for abolition would endorse
the Royal Commission’s recommendation that the 5% threshold rule not
apply to Maori parties. If the Taskforce majority really is worried
about "a different approach to Maori" it would surely, in
logic, have to oppose this ‘different’ approach. Was its failure to
do so an oversight? Or was it a little uneasy about the likely reaction?
Perhaps the current system, on reflection, isn’t so hard to justify
after all?
A missed opportunity
On the basis of the good conservative precept that we shouldn’t be
trying to fix things that aren’t broken, upton-on-line respectfully
suggests that the angst expended on producing an equivocal and divided
recommendation on the Maori seats wasn’t worth it. Something that is
broke – the quagmire that is rapidly developing around the place of
the Treaty of Waitangi in domestic law – did deserve serious attention.
Instead, the Task Force could manage only this:
"We found it a challenge to fully grasp the implications of
referring to the Treaty in the preamble to the Constitution Act
1986 or indeed adopting it fully in that Act. Suffice to say there
was a general feeling that this matter should be deferred at this
time as the courts and the Parliament exercise their respective
roles in the interpretation of the Treaty in the modern world."
Upton-on-line is lost for words. Is this all the Taskforce could say
on one of the most challenging issues faced daily in the Parliament
and in the Courts? If political parties (especially in opposition) can’t
develop coherent views on whether and how it makes sense to carry treaty
clauses into statutes like the Resource Management Act and the Hazardous
Substance & New Organisms Act, or social legislation, who is going
to? This has to be the most concerning swerve of all.
Facing up to the nation that we are
Of course it would be easier for the National party – or any political
party for that matter - to take a robust view on such things as Treaty
clauses if there was a more mature and phlegmatic understanding of how
constitutional arrangements come about. They don’t come into
being as academic exercises foisted on people because they’re rational.
They do come about because they’re seen to be a workable way
of reflecting and accommodating the bottom line interests that often
very different groups want to protect.
There’s nothing special or unique about the forces that made the Treaty
of Waitangi a convenient fix in 1840 or which motivate the desire to
re-define it all in the wake of the move to proportional representation
and the alleged gathering of republican sentiment.
Most nation-building exercises involve compromises between different
groups. When, for instance, the ancient Scottish Parliament was abolished
in the Act of Union of 1707, the Scots gained 45 MPs in the House of
Commons and 16 peers in the House of Lords. Similarly, the 1800 Act
of Union between Ireland and Great Britain gave the Irish 32 peers in
the House of Lords and 100 MPs in the Commons. History has amended those
arrangements in different ways but it’s worth recalling them since the
Treaty of Waitangi was written at a time when these constitutional manoeuvres
were still much more recent events.
It is true that no particular parliamentary representation was envisaged
at the time of the Treaty (the British were establishing a colony, not
a democracy). But the creation of Maori seats in 1867 undoubtedly grew
out of a realisation that had existed from the 1840s that Maori were
a constituent ‘nation’ within a nation and that some expression had
to be found for it.
All sorts of schemes were mooted. There was Article 71 of the 1852
Constitution Act with its (never to be used) provision for runanga
government discussed in upton-on-line last year. 1858 saw the Native
District Courts Act and the Native District Regulation Act. In the 1860s
(before hostilities broke out) there were, briefly, plans for a Native
Provinces Bill which would have given Maori who had adhered to the King
Movement, the same semi-autonomous powers of provincial government that
Auckland, Otago and Canterbury Provinces had, for example. (Except for
the fact that they didn’t have representation in a federal second chamber,
New Zealand’s provinces up until 1876, had the same powers as the Canadian
Provinces and most of the powers of the states of the USA). So the proposal
was actually quite generous (if questionable in terms of workability).
Moreover, the Superintendent of the Auckland Province, Hon John Williamson,
appointed a Maori, Paora Tuhaere to his Executive in May 1867.
(It was Williamson who introduced the Maori Representation Bill into
the House of Representatives). So it’s not as though this isn’t an issue
our forbears wrestled with.
(Interestingly, the final solution – universal male franchise for
all adult male Maori on special rolls with special seats – was not,
at the time, seen to be the leading edge of liberality in the Empire.
That honour went to South Africa where the so-called Cape Franchise
gave males meeting a minimum property requirement the right to go on
general rolls. The black and coloured vote became quite influential
– which is probably why the franchise, created in 1853 was finally axed
in 1936 (after various tightenings along the way). The property franchise
never flew in New Zealand in part because communal land tenure made
it impossible to operate. But it was mooted. Prior to 1967, if you were
predominantly Maori you had to be on the Maori roll – a sort of electoral
en-ghettoment. The removal of the requirement – and the move to seats
with the same number of electors as any other finally made the seats
genuinely equal. But they weren’t always that way or intended to be.
We should be very thankful the principle of universal enfranchisement
was hit upon right at the outset – otherwise the South African process
of truncation and elimination might well have been easier … perish the
thought.)
Unicameral poverty
Notwithstanding the fact that New Zealand didn’t take this disastrous
path, unease has persisted. It’s worth asking whether that isn’t a result
of our no frills single chamber legislature. Economy class uni-cameralism
may seem a lucky escape in comparison with the mind-bending over-load
of legislative machinery in a country like Australia or Canada. But
it can severely limit the options for pulling some interests out of
the mire of majoritarian dictatorship in a single chamber.
No-one queries the validity of geographically constructed second chambers
in countries like Australia or the US where, for instance, (almost)
people-free Montana supplies the same number of senators as New York
or California. Spain has an even more complicated senate that contains
a senator each (plus one for each million inhabitants) to the 17 autonomous
regions. This neatly ensures that places with fractious irredentist
tendencies like the Basque Country have their own platform in the Spanish
Parliament.
Of course it’s much easier to accommodate special interests when they
are neatly confined to a geographical area. That has never been the
case in New Zealand where Maori have been spread, more or less, throughout
the physical length and breadth of New Zealand. But eliminating on the
one hand Provincial Government and on the other the Legislative Council
at national level meant the only place for Maori to be accommodated
was the House of Representatives.
A second chamber does allow for what one observer described to upton-on-line
as the corporate box approach to parliamentary representation.
There are all sorts of models to choose from. (The Irish senate has
to be the most bizarre – or enlightened depending on your viewpoint
– with special seats for key sections of society including the National
University of Ireland and Trinity College Dublin. No doubt New Zealand,
had it toyed with this formula, would have had a special slate for Federated
Farmers and the NZRFU).
The second chamber solution (which Jim Bolger alone was
brave enough to champion in recent times) would be a more intelligent
alternative for the National Party to be toying with than the simple
expedient of trying to knock Maori seats on the head. It simply won’t
happen. And by failing to think it through from the standpoint that
some constitutionally respectable arrangement is needed, National has
no counter to the latest piece of constitutional lego - Maori representation
on Regional Councils. Is this really the way of the future?
Putting ethnicity in its place
The foregoing is probably anathema to political liberals of a puritanical
stripe who can only conceive of democracy in strictly formal terms whereby
individuals enter into contracts as though history hasn’t happened.
So to balance things up, upton-on-line urges those who want corporate
boxes – or more – to reflect on the big sweep of history and ask how
important ethnic identity really is, particularly if we want to live
together peaceably.
This has all been brought home to upton-on-line as he has devoured
Simon Schama’s new History of Britain – the book that
partners the new BBC series. It has had some rough treatment at the
hands of the academic elite but one suspects Professor Schama is distinguished
enough to go to sleep at night without so much as a thought for his
detractors.
For non-academic readers (i.e. most of us) this book is strongly to
be recommended. And particularly for New Zealanders. Because, like it
or not, it is either the history of most of us (Pakeha), or (if you’re
Maori) the history of those who came among us. And that history is not
one about happy homogeneous families.For his entire parliamentary career,
upton-on-line encountered pakeha New Zealanders who – frustrated by
the claims of some Maori to unique, hard-wired genetic identity – burst
out with a cry of "what about the Danes or the Vikings: who are
we going to go after to seek compensation for what got raided back then?"
At the time, upton-on-line suppressed a superior smile and changed the
subject. How could one possibly compare the events of 19th
century New Zealand with those of north western Europe a millennium
earlier.
But reading Schama has re-connected upton-on-line with that mongrel,
north west European heritage of his. It’s not some strange, exotic world
inhabited by unintelligible people. It involves the very same corner
of the gene pool at a distance of say 30 – 40 generations. And the kiwis
who utter that reflex challenge are actually saying something that is
historically relevant to contemporary times.
Britain was a cockpit of tenuous allegiances in the years after Rome
evaporated. Raiding hordes swept in and out. Danes were still making
a nuisance of themselves in the eleventh century even after the Norman
invasion. (That’s only a couple of hundred years – if that – before
Maori first arrived in Aotearoa for the long haul.) The truth is that
that chaotic melting pot remains to this day a part of the mental co-ordinates
of many New Zealanders. They – like so many people on this planet –
have been part of the spreading and mixing of peoples in the 10,000
years or so since the end of the last ice age.
Choose a narrow time horizon and the shape of things look set in granite
(like the iron curtain did for 44 years). Choose a time frame more biologically
and culturally relevant and nothing looks immutable. There may still
be people living in some distant mountain fastness or deep forest keep
who remain untouched by these waves of radiating humanity. But that
is not the history of any of the people who have arrived in New Zealand
over the last thousand years. They have all been explorers and settlers.
Upton-on-line considers that the kiwis whose views he tended to dismiss
were expressing as valid a viewpoint as any. History will be used creatively
by any people to anchor themselves. And while the descendants of British
culture in New Zealand cannot disown the legalism and constitutionalism
with which they mounted their claims, neither should they flinch from
embracing a history that has entailed every bit as much accommodation
and adaptation as Maori have had to face. And, from time to time, real
culturally rooted resilience in a good cause:
History as an historian feels it
The most moving bit of Schama’s first volume is his Preface, in which
he ponders the ‘correct’ account of British history in the light of
the two defining public events of his early life – the coronation of
Queen Elizabeth II in 1953 and the funeral of Sir Winston Churchill
in 1965. (Upton-on-line remembers the event on a crackling car radio
late one holiday night somewhere near Te Teko). Sometime between those
dates, British historians set about the (inevitable) deconstruction
of the triumphalist account of British destiny that leads finally to
Schama’s history of "alteration, mutation and flux rather than
continuity and bedrock solidity" as he puts it.
But for those who would completely re-write history – or attempt to
forget it – he offers a personally-rooted anecdote that says more about
the way history can matter than acres of turgid theory and hectic ideologising.
It’s very moving:
All the same, back home for the funeral [Churchill’s] and moved partly
by furtive piety and partly by curiosity as to what it had been in
Churchill’s A History of the English-speaking Peoples, which
my father had given me many years before, that first kindled my passion
for history, I dusted off the red volumes. Passages read at random
duly made me squirm with embarrassment, but just as many startled
me with bursts of irresistibly gorgeous rhetoric and unimpeachable
common sense. The only possible, unanticipated, response, was mixed
feelings. On the one hand, the unblushing Churchillian epic of progress,
much of it inherited from Macaulay – a bullishly insular, romantically
princely, axiomatically Protestant, Whiggishly parliamentary, English-speaking
Britain, cast as the nursemaid of democracy, the hope of the West,
the guardian of the moral genius of the common law and perennial hold-out
against fanatical tyrannies – couldn’t possibly be sustained as the
definitive ‘meaning of British history’. But then again, neither could
it be airily dismissed as a deluded anthology of patriotic fairy-tales.
It had been when my father explained to me that the ghostly letters
‘PJ’, dimly outlined in white paint on the railway-cutting wall in
the seaside town of my childhood, meant ‘Perish Judah’ and warmed
to his speech, explaining that Churchill had been what stood between
the Mosleyite slogan and its realisation, that I properly understood
that for his generation the belief in the island fortress of freedom
had been less a hollow platitude than a necessary article of faith.
Buried within the fabulous mythology, could there be, I let myself
wonder, if only for an instant, a gritty little nugget of truth?
Unimpeachable common sense and mixed feelings
What a quintessentially British reaction. And, frankly, a New Zealand
one too. New Zealanders have never had the energy for zealotry. And
they have inherited (often quite unconsciously) much of the mythology
Schama refers to. Common sense and mixed feelings are going to be as
good a guide for dealing with our constitutional arrangements as any.
Ethnic identity as a source of shared historical experience is a cultural
good. Ethnicity as the basis for constitutional engagement is a cultural
toxin. Maori seats in Parliament (for example) were a pragmatic way
of ensuring that Maori were never lost sight of, even in the worst of
times. They reflected the fact that the new nation wasn’t just a homogeneous
blancmange but embraced peoples of quite distinct custom, tradition
and terms of association.
Those who would sweep them away are historically and culturally illiterate.
On the other hand, those who would set about the conscious reconstruction
of our constitutional arrangements along ethnic lines are sectarian,
narrow and have no historical sense of their own adaptability. We are
only here today – and able to reflect on our mixed feelings – because
all our forbears (of whatever race) were resilient and adaptive. And,
in the face of sometimes appalling adversity (sometimes self-inflicted,
sometimes externally imposed) took common sense decisions that worked
for the time being. That’s not a bad outcome if the alternative is permanent
dysfunctionality.
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