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Changing the narrative from “responsible capitalism” for the NHS
Nothing will last forever. For all the people who have spent the last few weeks attacking Andy Burnham or quoting misleading estimates of mortality rather than discussing the intricacies of patient safety, the discussion about the NHS within Labour will continue long after Andy has moved onto other things. The ethos of ‘responsible capitalism’ took root in Ed Miliband’s famous conference speech, and since then there have been countless examples in the corporate world to underline its importance. If the Health and Social Care Act (2012) did nothing for patient safety as a statutory instrument, though perhaps providing greater clarity on NHS failure regimens in the backdrop of reconfiguration, it certainly oiled the wheels for the trolley of corporatision of the NHS. Labour’s contribution to PFI has been extensively discussed elsewhere, but it is a material fact that Coopers and Lybrand were extolling the wonders of PFI long before a Labour government, from the time of Major’s think tank in 1995. In 2011, Ed Miliband called for long-term shareholders to have greater voting rights in takeovers, backed workers on company remuneration committees and said he wanted to break up unwarranted private sector monopolies in banking, energy and the media. The problem is that, in adopting an uncritical narrative of ‘responsible capitalism’ for the NHS, one is assuming the agenda of capitalism. Is this reasonable?
For Labour, it’s easy to do this. For people who wish to support Labour, like members of the Socialist Health Association, support can be lazy. John Maynard Keynes called capitalism ‘the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone’. Mark Easton from the BBC has described that ‘responsible capitalism’ is an oxymoron, as “responsible” implies moral accountability while capitalism is driven by self-interest. A cornerstone of socialism is Marx’s philosophy of economic determinism, which identifies prevailing economic conditions as the motivating force behind all political and social activity. This materialistic worldview, is now deeply ingrained in American social, political, and religious philosophy, and attributes much human behaviour to the economic environment. This indeed paradoxically for libertarians thus frees man of personal responsibility for his own behaviour, and enslaves the individual to the free market. Neoliberalism, like socialism, in extreme can easily be argued as toxic.
Whilst Ed Miliband is doing political foreplay with the capitalist world, it could be a case of unrequited love. This takes on a Shakespearean dimension of tragedy, when you consider that Ed Miliband appears to have shunned his ‘socialist girlfriend’. While it’s Ed Miliband’s comments on Google and tax avoidance that will inevitably attract the most media attention, by far the more interesting section, perhaps, of his speech at the company’s “Big Tent” event at The Grove hotel in Hertfordshire was on capitalism and socialism. The Google executive chairman Eric Schmidt rejected the idea put forward by Labour leader Ed Miliband that the search giant should practise “responsible capitalism”, arguing the company simply follows international tax laws – which he described as “irrational”. This problem for Labour, now relevant to how much of the NHS should be re-allocated into private hands, therefore introduces the concept of “responsible socialism”. In a reference to Labour’s old clause IV, which called for “common ownership of the means of production, distribution and exchange”, Miliband added that “It wasn’t just my dad who thought it, of course. Until 1995 this view was enshrined on the membership card of the party I now lead.” However, “red baiting” — the process of referring to one’s opponents as “socialists,” and relying on that word alone to silence opposition — remains one of the oldest tricks in the Tories’ “rulebook”. Ideological opponents to socialism often use the term “socialist” to refer to any increase in government power. That is arguably, not strictly speaking, historically accurate. “Socialism” is not a direction. Historically, socialism has only one meaning: a system in which the state — or the workers directly — own the means of production.
It is said socialism may have emerged from a discontent with what remained of the feudal state after the French Revolution of 1789, and with the emergent, eminently abusive nature of pure laissez faire industry. For the peasant and working classes, there was a sense that real change had been within grasp at the turn of the 18th century. Marx developed a theory whose purpose, in part, to embrace this frustration and lessons from other jurisdictions: socialism — which Marx regarded as a means to an end — was a hybrid capitalist/Communist system, in which the means of production were publicly owned, but working and bourgeoisie classes remained separate, and therefore, to Marx, impermissibly unequal. It can be argued that some politicians, like Nixon and LaGuardia, took deliberate and permanent possession of private property, for the collective benefit of their constituents, and yet neither modern America nor New York City can fairly be called socialist. Whatever socialism might be, it is not straight-forward. However, it is perhaps time to start stop trying to scare floating voters with “the spectre of Communism” and, as a nation, finally make peace with the fact that United Kingdom, like the United States, is not, nor has it been for some time, a pure laissez faire nation, because fundamentally the public will not accept it. Socialism, like all political philosophies is a complicated and diverse ideology. It has like all ideologies its pros and cons. It has its tradeoffs. Yet, like all political philosophies, it needs to address actively its downsides to be at its best. People do not dare mention that S word. They prefer the other S word: “Social” (and “D” for Democratic).
It is therefore time to change the narrative away from ‘responsible capitalism’ and to contemplate an approach of ‘responsible socialism’ as well, perhaps? The irony of NHS England is that it is the biggest QUANGO in the land, but the possible advantage is that it could implement a coherent public health policy genuinely for the ‘health of the nation’. Responsible socialism, whilst felt as a tautology by some and an oxymoron by others, potentially can dispose of irrelevant, meaningless pseudo-choice, and eliminate the unnecessary transaction costs in waste and inefficiency injected by a free market. Critical friends of Labour can do no more better than to think about innovative ways of standing up for what they believe in. This will ultimately, I feel, earn more respect from the senior echelons in Labour. While Ed Miliband may be ‘right’ about ‘responsible capitalism’, there are so many bandwagons we can all jump on, and taking about responsible capitalism in the NHS might suggest we have given up on socialism for good.
The Golden Age Of The Cloud
This article looks at a new technology which is taking the business and IT worlds by storm: “cloud computing”. As this new industry has a lot of clients with a lot of money, it is not particularly surprising that commercial lawyers have become acutely sensitive to the cloud clients’ needs, concerns and expectations.
Why get involved in the cloud?
Small and medium sized enterprises (SMEs) have been fast to appreciate that the internet offers a golden opportunity for them, and equally lawyers have been quick to realize that they can offer specialist advice to the benefit of SMEs. Businesses remain fascinated by ‘cloud computing’.
But what is cloud computing? In the simplest of terms, it is IT-as-a-Service. Your company has access to its data and software over the internet (which in most IT diagrams is shown as a cloud). This, like many new technologies, it has its own set of benefits and challenges.
Benefits
Cloud computing fans claim five key benefits, and these contribute to the overall competitive advantage of the business.
- Cheap: your IT provider will host services for multiple companies; sharing complex infrastructure is argued to be cost-efficient, and you pay only for what you actually use. This is very attractive to SMEs.
- Quick: The most basic cloud services work ‘out of the box’ – it’s perfect for start-ups, especially in the current harsh economic client.
- Up-to-date: Most providers constantly update their software offering, adding new features as and when they become available.
- Scaleable: If your business is growing fast or has seasonal spikes, you can go large quickly because cloud systems are built to cope with sharp increases in workload.
- Mobile: Cloud services are designed to be used from a distance, so if you have a mobile workforce, your staff will have access to most of your systems on the go.
Market uptake
A report by the Centre for Economics and Business Research (CEBR), was published shortly before Christmas last year. Widespread adoption of cloud computing could give the top five EU economies a 763bn-euro (£645bn; $1tn) boost over five years; the CEBR also said it could also create 2.4m jobs. The US analysts Gartner estimates that, over the course of the next five years, businesses will spend $112 billion cumulatively on Cloud Computing.
Potential issues which businesses and lawyers can address
Cloud computing is not without potential problems.
- Usability is an important issue. Some people, firmly wedded to “their” software, whether it’s Lotus Notes or Microsoft Outlook, are reluctant to switch to plainer online applications.
- Perhaps the greatest concerns that customers face when using a cloud computing solution are those relating to security and privacy. In a traditional commercial relationship, providers will typically split up the servers for a specific customer, and a customer may even be able to impose certain physical and logical security requirements. This may not be possible once data are transferred to the cloud.
- To the extent that personal information is stored in the cloud, customers must also consider compliance with applicable laws governing the privacy and security of personally identifiable information.
Who are the providers?
Cloud computing is at an early stage, with a small group of large providers delivering a slew of cloud-based services, from full-blown applications to storage services to spam filtering. Currently, Amazon, Google and Microsoft are key suppliers of cloud services.
Further reading
An interested reader is strongly recommended to go to the ‘cloud computing’ page of Taylor Wessing LLP. Taylor Wessing LLP is one of several firms with a specialist interest in the international commercial law of cloud computing:
http://www.taylorwessing.com/download/cloudcomputing.html
Plea to the BBC : I have never been a stalker
Public confidence is a big deal to the regulatory bodies in law and medicine. Likewise, I feel that it is time for me to protect myself at long last against three stories on the BBC that call me a stalker. They have refused to get rid of this despite months of me asking them to do so (via BBC Complaints). Of course, I’m upset as the BBC ran this story during the actual hearing itself. There is in fact such a thing as article 6 to protect against this sort of thing – right to a fair trial. I believe that this was a big reason why the GMC (General Medical Council) took a somewhat kneejerk reaction to erase me off the medical register, when everyone knows I’ve had a long and now successful battle against alcoholism. I was unconscious in a coma for 2 months in 2007 the year after beings struck off, and I have never touched a drop of alcohol since. The thing actually I feel most embittered about is that the GMC never appointed a health supervisor whilst I was on the register for 2004-2006, in other words they breached their own ‘duty of care’ towards doctors, and that they have only suspended doctors for plagiarism, attempted manslaughter/murder or failure to detect child abuse in the subsequent years. I was a sick doctor who needed treatment. I am under a psychiatrist today, and I am very proud of recovery. I have done two law degrees, set up my own private limited company, done two books and written three research paper.
I am however thoroughly sick of it, as I have six degrees, and when people do a search on my name they find the offending article. It stops me possibly getting jobs. I applied for 30 jobs last year, and didn’t get any of them. So I would like to say something about public confidence. The public should not be confident in a huge organisation such as the BBC making mincemeat out of someone bordering on defamation. I am too poor to go to a lawyer such as Carter Ruck who would sort this sort of rubbish out instantly. Read the letter below. All my friends on Facebook are too polite to mention it. I would like to think that a lot of my friends there are genuine and see beyond the spin. I won’t even go into why this story has been given rocket boosters by BBC. I find it insulting that after 10 years in medicine including a PhD I ended up in the Entertainment section, with a picture of my elderly frail father there against his will. The BBC first became aware of this in December 2009 and refused to do anything about it. I am really sick of it, as I keep on being told it undermines public reputation in me.
I believe in a new innovative approach to reform of the criminal justice system and mental illness, as one would expect!